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

Vol. 153 WASHINGTON, MONDAY, JUNE 11, 2007 No. 93 House of Representatives The House met at 12:30 p.m. and was at an age when most Americans are In 2004, James managed the New called to order by the Speaker pro tem- just beginning their professional ca- Mexico State senate campaign of my pore (Ms. HIRONO). reer. But he was always more inter- friend Victor Raigoza. Though they did f ested in serving the public than him- not win that tough political battle, self. James felt that a public servant is James showed the true measure of his DESIGNATION OF SPEAKER PRO effective through action and experience character when he sent the following TEMPORE rather than rhetoric. To that end, he words of wisdom and encouragement to The SPEAKER pro tempore laid be- enlisted in the Army and was deployed Mr. Raigoza: ‘‘Live life to serve, be- fore the House the following commu- to in the fall of 2004. He was hon- cause you can. Dissent, because you nication from the Speaker: ored to serve his country, and, envi- can. Enjoy freedom, because you can. sioning a future political life, he want- WASHINGTON, DC. Remember always that the measure of June 11, 2007. ed to understand issues of military our progress is not whether we can pro- I hereby appoint the Honorable MAZIE K. conflict from the perspective of a war vide more for those who have plenty, HIRONO to act as Speaker pro tempore on veteran. but whether we can provide enough for this day. I regret that I did not know James those who have little.’’ NANCY PELOSI, personally, for those who did describe My heartfelt condolences go out to Speaker of the House of Representatives. him with love, and they do so passion- James’ family and James’ wife f ately. The many messages posted on Syreeta, his father and namesake his personal web page by those who James, and the large number of friends, MORNING-HOUR DEBATE knew him convey the tremendous ad- extended family members and fortu- miration they had for him, and illus- The SPEAKER pro tempore. Pursu- nate individuals whose lives he trate the caring, influential and ant to the order of the House of Janu- touched. ary 4, 2007, the Chair will now recog- thoughtful man that he was. They de- scribe a father figure, a brotherly ad- I spoke to Syreeta last Friday and nize Members from lists submitted by told her how much the Nation appre- the majority and minority leaders for viser and a considerate, deeply loving and equally loved husband. ciates James’ service to his country. morning-hour debate. The Chair will To Syreeta and James’ family, thank alternate recognition between the par- A current member of my staff, Sarah Cobb, who worked with James on a you for your sacrifice. ties, with each party limited to not to I believe I speak for all New Mexi- exceed 30 minutes, and each Member, congressional campaign in Albu- querque, said of him: ‘‘He truly was cans when I say our Nation will always except the majority leader, the minor- what is said of him—gregarious, out- maintain a priceless debt of gratitude ity leader, or the minority whip, lim- going and effervescent.’’ and the utmost respect for the service ited to not to exceed 5 minutes. The love James had for his country and sacrifice of Army Sergeant James The Chair recognizes the gentleman and his countrymen was infectious. He Akin. He will be missed. from New Mexico (Mr. UDALL) for 5 openly and honestly told anyone he f minutes. met of his future desire to run for f President of the United States. He en- RECESS IN MEMORIAM OF ARMY couraged those he knew, and those he The SPEAKER pro tempore. Pursu- SERGEANT JAMES AKIN did not, to stay informed and to be in- ant to clause 12(a) of rule I, the Chair volved in government and the electoral declares the House in recess until 2 Mr. UDALL of New Mexico. Madam process. From what I have learned of p.m. today. Speaker, I rise today to honor Army James, I believe that if his life had not Accordingly (at 12 o’clock and 35 Sergeant James Akin, a true American been cut short, he may indeed have ad- minutes p.m.), the House stood in re- hero who lost his life while serving his dressed the Nation from the floor of cess until 2 p.m. country in Iraq. James was one of four this great Chamber. soldiers killed near Baghdad on Sun- Today, there is a void in the lives of f day, June 3, 2007 when a roadside bomb all who knew him, and New Mexico is a b 1400 detonated alongside the Humvee he lesser place for having lost him. Yet was driving. He was killed less than a James will live on in the hearts and AFTER RECESS month before his 24th birthday. minds of those he touched, and New The recess having expired, the House James was a successful businessman Mexico is lucky to call him a native was called to order by the Speaker pro who sold his retail cell phone company son. tempore (Ms. BALDWIN) at 2 p.m.

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.

H6185

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VerDate Aug 31 2005 07:22 Jun 12, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JN7.000 H11JNPT1 bajohnson on PRODPC60 with HOUSE H6186 CONGRESSIONAL RECORD — HOUSE June 11, 2007 PRAYER law, certain rules provide reasonable Whereas, in present times, more than limitations. 8,000,000 visitors enjoy the attributes and as- The Chaplain, the Reverend Daniel P. sets of Lake Sidney Lanier annually to boat, Coughlin, offered the following prayer: Under this bipartisan measure, com- panies will receive stiffer monetary fish, swim, camp, and otherwise recreate in We lift our eyes to You, O God of the great outdoors; eternity. So far beyond our under- penalties should a violation of these Whereas Lake Sidney Lanier generates standing or our experience You are all laws result in the injury or death of a more than $5,000,000,000 in economic impact holy, all powerful. child in the workplace. annually, according to a study commissioned To be fully present in Your sight this I appreciate the leadership of Chair- by the Marine Trade Association of Metro- day stirs within us a desire to be truly man GEORGE MILLER and ranking Re- politan Atlanta; publican BUCK MCKEON on this issue. Whereas, Lake Sidney Lanier has won the humble, poor in spirit and truly silent, prestigious Chief of Engineers Annual listening to Your Word speaking to our As ranking Republican of the Work- force Protection Subcommittee, I am Project of the Year Award, the highest rec- hearts. ognition from the Army Corps of Engineers Bless this assembly of the 110th Con- pleased to have worked closely with for outstanding management, an unprece- gress, Lord. Give us liberty from all Chairwoman LYNN WOOLSEY on this dented 3 times in 12 years—1990, 1997 and the knotty problems of this world that issue. 2002; tighten our imagination and narrow I am grateful the House is coming to- Whereas Lake Sidney Lanier hosted the our perception. gether to consider this bill and ensure paddling and rowing events for the 1996 Sum- the safety of our Nation’s children. I mer Olympics; Rather, breathe upon us Your cleans- Whereas marinas serve as the gateway to ing Spirit that Your servants may have urge my colleagues to support this critical legislation. recreation for the public on America’s water- a broad and penetrating vision on how ways; to unleash the free exercise of people In conclusion, God bless our troops, Whereas Lake Sidney Lanier is now home and untie the mistakes of the past. and we will never forget September 11. to 10 marinas —Aqualand Marina, Bald Ridge May the native born, new citizens, f Marina, Gainesville Marina, Habersham Ma- rina, Holiday on Lake Sidney Lanier, Lanier immigrants, guests and visitors, those ANNOUNCEMENT BY THE SPEAKER in high places and the lowly, all give Harbor Marina, Lazy Days Marina, Port PRO TEMPORE Royale Marina, Starboard Cove Marina, and You glory and praise now and forever. The SPEAKER pro tempore. Pursu- Sunrise Cove Marina; Amen. Whereas Lake Sidney Lanier will join the ant to clause 8 of rule XX, the Chair f Nation on Saturday, August 11 in celebration will postpone further proceedings and commemoration of National Marina THE JOURNAL today on motions to suspend the rules Day; and The SPEAKER pro tempore. The on which a recorded vote or the yeas Whereas 2007 marks the 50th anniversary of Chair has examined the Journal of the and nays are ordered, or on which the Lake Sidney Lanier: Now, therefore, be it last day’s proceedings and announces vote is objected to under clause 6 of Resolved, That the House of Representative rule XX. recognizes the 50th anniversary celebration to the House her approval thereof. of the beginnings of marinas, power produc- Pursuant to clause 1, rule I, the Jour- Record votes on postponed questions will be taken after 6:30 p.m. today. tion, recreation, and boating on Lake Sidney nal stands approved. Lanier, Georgia. f f The SPEAKER pro tempore. Pursu- PLEDGE OF ALLEGIANCE RECOGNIZING 50TH ANNIVERSARY ant to the rule, the gentleman from OF LAKE SIDNEY LANIER, GEOR- Pennsylvania (Mr. ALTMIRE) and the The SPEAKER pro tempore. Will the GIA gentleman from (Mr. gentleman from Pennsylvania (Mr. Mr. ALTMIRE. Madam Speaker, I LATOURETTE) each will control 20 min- ALTMIRE) come forward and lead the utes. House in the Pledge of Allegiance. move to suspend the rules and agree to Mr. ALTMIRE led the Pledge of Alle- the resolution (H. Res. 354) to recognize The Chair recognizes the gentleman giance as follows: the year 2007 as the official 50th anni- from Pennsylvania. versary celebration of the beginnings GENERAL LEAVE I pledge allegiance to the Flag of the of marinas, power production, recre- United States of America, and to the Repub- ation, and boating on Lake Sidney La- Mr. ALTMIRE. Madam Speaker, I lic for which it stands, one nation under God, ask unanimous consent that all Mem- indivisible, with liberty and justice for all. nier, Georgia. The Clerk read the title of the resolu- bers have 5 legislative days to revise f tion. and extend their remarks and include APPOINTMENT OF MEMBER TO AT- The text of the resolution is as fol- extraneous material on the resolution TEND FUNERAL OF THE LATE lows: under consideration. HONORABLE CRAIG THOMAS H. RES. 354 The SPEAKER pro tempore. Is there objection to the request of the gen- Whereas the Congress of the United States The SPEAKER pro tempore. Pursu- tleman from Pennsylvania? ant to House Resolution 454, and the authorized the creation of Lake Sidney La- order of the House of January 4, 2007, nier and Buford Dam by official act in 1946 There was no objection. the Chair announces the Speaker’s ap- for flood control, power production, wildlife Mr. ALTMIRE. Madam Speaker, I preservation and downstream navigation; pointment of the following Member of yield myself such time as I may con- Whereas construction on the Buford Dam sume. the House to the committee to attend project by the Army Corps of Engineers the funeral of the late Honorable Craig began in 1951; I rise in support of House Resolution Thomas: Whereas the Army Corps of Engineers con- 354 offered by the gentleman from Mrs. CUBIN, Wyoming structed the dam and lake on the Chattahoo- Georgia (Mr. DEAL) to recognize the chee and Chestatee Rivers at a cost of ap- f year 2007 as the official 50th anniver- proximately $45,000,000; sary celebration of Lake Sidney La- PROTECTING CHILDREN IN THE Whereas, in 1956, Jack Beachem and the nier. WORKFORCE Army Corps of Engineers signed a lease to create Holiday on Lake Sidney Lanier Ma- Congress first authorized the con- (Mr. WILSON of South Carolina rina as the lake’s first concessionaire; struction of Buford Dam in 1946 as one asked and was given permission to ad- Whereas the first power was produced project in a comprehensive plan to de- dress the House for 1 minute and to re- through Buford Dam at Lake Sidney Lanier velop our Nation’s water resources for vise and extend his remarks.) on June 16, 1957; the purposes of national defense, power Mr. WILSON of South Carolina. Whereas Holiday on Lake Sidney Lanier production, flood control, navigation, Madam Speaker, tomorrow the House opened on July 4, 1957; and water supply. The first Whereas Buford Dam was officially dedi- will consider a bill to further protect cated on October 9, 1957; groundbreaking for construction oc- our children in the workforce. While Whereas nearly 225,000 people visited Lake curred on March 1, 1950, and on June 17, children under the age of 18 are per- Sidney Lanier to boat, fish and recreate in 1957, the first hydropower was produced mitted to work under American labor 1957; by the generators of the dam.

VerDate Aug 31 2005 01:34 Jun 12, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.003 H11JNPT1 bajohnson on PRODPC60 with HOUSE June 11, 2007 CONGRESSIONAL RECORD — HOUSE H6187 Today, Lake Lanier provides power When completed, the total cost of Mr. ALTMIRE. Madam Speaker, I production, flood control, water sup- construction, including land acquisi- urge passage of the resolution, and I ply, navigation, fish and wildlife man- tion, was almost $45 million. When the yield back the balance of my time. agement, and recreational activities to gates of the dam were closed in 1956, it The SPEAKER pro tempore. The members of the surrounding commu- took more than 3 years for the lake to question is on the motion offered by nities and businesses. This week in reach its normal elevation of 1,070 feet the gentleman from Pennsylvania (Mr. June is a suitable time to recognize above sea level. ALTMIRE) that the House suspend the Lake Lanier’s contributions to the The lake is named for one of the Na- rules and agree to the resolution, H. area and accomplishments. As summer tion’s most famous poets, Sidney La- Res. 354. heat begins to spread across the Na- nier. Born in Georgia in 1842, Mr. La- The question was taken; and (two- tion, both water supply and cooling nier entered Oglethorpe College at 14 thirds being in the affirmative) the water recreational activities are on years of age, graduating at the top of rules were suspended and the resolu- many minds. his class in 1860. tion was agreed to. More than 60 percent of the popu- While serving on the blockade runner A motion to reconsider was laid on lation of the State of Georgia relies on ‘‘Lucy’’ during the Civil War, Mr. La- the table. water stored in Lake Lanier or down nier was captured and contracted tu- f the Chattahoochee River. Similarly, berculosis while imprisoned in Mary- properties around the lake and down land. Following the Civil War, Mr. La- RECOGNIZING 40TH ANNIVERSARY the river rely on its banks and dam for nier played the flute for the Peabody OF LOVING V. LEGAL- flood control. Symphony and lectured at Johns Hop- IZING INTERRACIAL MARRIAGE Nearly 8 million visitors come annu- kins University. Ms. BALDWIN. Mr. Speaker, I move ally to appreciate the scenery and lei- While he is known for works like to suspend the rules and agree to the sure opportunities provided by the ‘‘The Harlequin of Dreams,’’ ‘‘In Ab- resolution (H. Res. 431) recognizing the lake. In fact, Lake Lanier holds the sence,’’ ‘‘Acknowledgement,’’ and 40th anniversary of Loving v. Virginia title of the most-visited Army Corps ‘‘Sunrise,’’ he is best remembered for legalizing interracial marriage within lake in the entire country. Facilities ‘‘The Song of the Chattahoochee,’’ an the United States. include 10 marinas and 57 parks for enduring legacy for the native Geor- The Clerk read the title of the resolu- swimming, boating, fishing and pic- gian. tion. nicking. In 1996, Lake Lanier hosted I urge all of our Members to support The text of the resolution is as fol- the paddling and rowing competitions this legislation. lows: for the Summer Olympics in Atlanta. Mr. OBERSTAR. Madam Speaker, I rise in H. RES. 431 And several years ago, the Marine support of H. Res. 354, recognizing the year Trade Association of Metro Atlanta Whereas the first anti-miscegenation law 2007 as the official 50th anniversary celebra- in the United States was enacted in Mary- found that Lake Lanier has an eco- tion of the beginnings of marinas, power pro- nomic impact of $5.5 billion. land in 1661; duction, recreation, and boating on Lake Sid- I urge my colleagues to join with me Whereas miscegenation was typically a fel- ney Lanier, Georgia. ony under State laws prohibiting interracial and the gentleman from Georgia (Mr. Lake Lanier is named after Sidney Clopton marriage punishable by imprisonment or DEAL) in supporting House Resolution Lanier, a poet and musician who was born in hard labor; 354 to honor the impacts, accomplish- Macon, Georgia, in 1842. After participating in Whereas in 1883, the Supreme Court held in ments and continuing success of Lake battle during the Civil War, and being captured Pace v. Alabama that anti-miscegenation Lanier on its 50th anniversary. laws were consistent with the equal protec- Madam Speaker, I reserve the bal- and imprisoned in Point Lookout, Maryland, tion clause of the 14th Amendment as long as ance of my time. Mr. Lanier contracted tuberculosis, which the punishments given to both white and Mr. LATOURETTE. Madam Speaker, would affect him for the rest of his life. black violators are the same; I yield myself such time as I may con- Mr. Lanier’s life was one of practicality and Whereas in 1912, a constitutional amend- sume. beauty: while he practiced law to support his ment was proposed in the House of Rep- Madam Speaker, today we recognize wife and four children, he was also the first resentatives prohibiting interracial marriage ‘‘between negroes or persons of color and the 50th anniversary of Lake Sidney flutist in the Peabody Orchestra in Baltimore, Maryland, and an accomplished poet. The Caucasians’’; Lanier, an Army Corps of Engineers fa- Whereas in 1923, the Supreme Court held in cility located in the State of Georgia. Lake was named after Mr. Lanier because of Meyer v. Nebraska that the due process Lake Lanier is one of 464 lakes in 43 the way he positively portrayed the Chattahoo- clause of the 14th Amendment guarantees States constructed and operated by the chee River in his poetry. the right of an individual ‘‘to marry, estab- U.S. Army Corps of Engineers. In fact, Lake Lanier itself is a symbol of both lish a home and bring up children’’; Our Nation is blessed with consider- practicality and beauty. It provides crucial Whereas in 1924, Virginia enacted the Ra- able water resources that support our flood control, protecting approximately $2 bil- cial Integrity Act of 1924, which required Nation’s economy and quality of life. lion worth of property in the surrounding area. that a racial description of every person be We need water for our homes, farms Similarly, on June 16, 1957—50 years ago recorded at birth and prevented marriage be- tween ‘‘white persons’’ and non-white per- and factories. Water also supports this week—Buford Dam began producing sons; navigation, generates power and sus- power for the first time. Hydropower continues Whereas in 1948, the California Supreme tains our environment. to flow from these waters to this day. Court overturned the State’s anti-miscege- Congress authorized the Buford Dam Although the lake is one of 464 lakes con- nation statutes, thereby becoming the first Project in 1946 just after the end of the structed and operated by the U.S. Army Corps State high court to declare a ban on inter- Second World War. Groundbreaking for of Engineers, it has won the annual award for racial marriage unconstitutional and mak- the project began in 1950. Constructed ‘‘best operated lake’’ for three separate years: ing California the first State to do so in the by the U.S. Army Corps of Engineers, 1990, 1997, and 2002. 20th century; Lake Lanier is a multipurpose, 38,000- While the flood control, water supply, and Whereas the California Supreme Court stated in Perez v. Sharp that ‘‘a member of acre lake that provides flood protec- power production role of Lake Lanier may be any of these races may find himself barred tion, power production, water supply, critical to the continuing livelihood of the com- from marrying the person of his choice and navigation, recreation, and fish and munities in the surrounding area, the lake also that person to him may be irreplaceable. wildlife management. provides beautiful scenery and recreational Human beings are bereft of worth and dig- Nestled in the foothills of the Geor- opportunities that local citizens and visiting nity by a doctrine that would make them as gia Blue Ridge Mountains, Lake Sidney tourists enjoy. The U.S. Army Corps of Engi- interchangeable as trains’’; Lanier is one of America’s favorite neers estimates that more than 7.5 million Whereas by 1948, 38 States still forbade lakes. Over 7.5 million people a year people visit the 692 miles of lake shoreline interracial marriage, and 6 did so by State choose to visit Lake Lanier. With over constitutional provision; each year. Whereas in June of 1958, 2 residents of the 692 miles of shoreline, the lake is well I urge my colleagues to join with me in rec- Commonwealth of Virginia—Mildred Jeter, a known for its aqua-blue colored water, ognizing the 50th anniversary of Lake Lanier. black/Native American woman, and Richard spectacular scenery and variety of rec- Mr. LATOURETTE. Madam Speaker, Perry Loving, a Caucasian man—were mar- reational activities. I yield back the balance of my time. ried in Washington, DC;

VerDate Aug 31 2005 01:34 Jun 12, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.004 H11JNPT1 bajohnson on PRODPC60 with HOUSE H6188 CONGRESSIONAL RECORD — HOUSE June 11, 2007 Whereas upon their return to Virginia, nizing that marriage is one of the ‘‘basic of another race resides with the indi- Richard Perry Loving and Mildred Jeter civil rights of man’’ at the heart of the 14th vidual and cannot be infringed by the Loving were charged with violating Vir- Amendment protections. State.’’ ginia’s anti-miscegenation statutes, a felo- The SPEAKER pro tempore (Mr. nious crime; The Loving decision marked a crit- ALTMIRE). Pursuant to the rule, the Whereas the Lovings subsequently pleaded ical step forward in our Nation’s strug- guilty and were sentenced to 1 year in pris- gentlewoman from Wisconsin (Ms. gle toward equal rights for all, particu- on, with the sentence suspended for 25 years BALDWIN) and the gentleman from Iowa larly full marriage equality. According on condition that the couple leave the State (Mr. KING) each will control 20 min- to the U.S. Census Bureau, from 1970 to of Virginia; utes. the year 2000 the percentage of inter- Whereas Leon Bazile, the trial judge of the The Chair recognizes the gentle- racial marriages has increased from 1 case, proclaimed that ‘‘Almighty God cre- woman from Wisconsin. ated the races white, black, yellow, Malay percent of all marriages to more than 5 and red, and he placed them on separate con- GENERAL LEAVE percent. The number of children living tinents. And but for the interference with his Ms. BALDWIN. Mr. Speaker, I ask in interracial families has quadrupled arrangement there would be no cause for unanimous consent that all Members between 1970 and 2000, going from such marriages. The fact that he separated may have 5 legislative days to revise 900,000 to more than 3 million. Because the races shows that he did not intend for and extend their remarks and to in- of the decision’s profound impact in the races to mix.’’; clude extraneous material on the reso- our society, numerous cities and towns Whereas the Lovings moved to the District lution under consideration. of Columbia, and in 1963 they began a series across this country have already pro- of lawsuits challenging their convictions; The SPEAKER pro tempore. Is there claimed June 12 Loving Day in com- Whereas the convictions were upheld by objection to the request of the gentle- memoration of this decision. the State courts, including the Supreme woman from Wisconsin? Indeed, the Supreme Court’s opinion Court of Appeals of Virginia; There was no objection. forcefully rejected the argument em- Whereas the Lovings appealed the decision Ms. BALDWIN. Mr. Speaker, I yield ployed by Leon Bazile, the trial judge to the Supreme Court of the United States myself such time as I may consume. of the case, who defended his decision on the ground that the Virginia anti-mis- Mr. Speaker, I rise today in strong convicting the Lovings as part of God’s cegenation laws violated the Equal Protec- support of H. Res. 431, a resolution I in- tion and Due Process Clauses of the 14th plan. Unfortunately, after 40 years, Amendment and were therefore unconstitu- troduced along with the gentleman similar types of arguments are still tional; from Georgia (Mr. LEWIS), commemo- being employed by a few to deny full Whereas in 1967, the U.S. Supreme Court rating the 40th anniversary of Loving marriage equality to everyone. granted certiorari to Loving v. Virginia and v. Virginia, the landmark Supreme In commemorating the legacy of readily overturned the Lovings’ convictions; Court decision legalizing interracial Loving v. Virginia in ending the ban on Whereas in the unanimous opinion, Chief marriages within the United States. Justice Earl Warren wrote: ‘‘Marriage is one interracial marriage in the United I thank Chairman CONYERS for expe- of the ‘basic civil rights of man,’ funda- States, H. Res. 431 reaffirms the Loving mental to our very existence and sur- dition consideration of this resolution court’s recognition that marriage is vival.... To deny this fundamental free- so it could be brought to the floor be- one of the ‘‘basic civil rights of man’’ dom on so unsupportable a basis as the racial fore the actual date of the anniversary at the heart of the 14th amendment classifications embodied in these statutes, which is tomorrow, June 12. protections. classifications so directly subversive of the In June of 1958, two residents of the I strongly urge my colleagues to sup- principle of equality at the heart of the Commonwealth of Virginia, Mildred port this timely resolution. Fourteenth Amendment, is surely to deprive Jeter, a black Native American all the State’s citizens of liberty without due Mr. Speaker, I reserve the balance of process of law.’’; woman, and Richard Perry Loving, a my time. Whereas the opinion also stated that ‘‘the Caucasian man, were married in Wash- Mr. KING of Iowa. Mr. Speaker, I Fourteenth Amendment requires that the ington, D.C. Upon their return to Vir- yield myself such time as I may con- freedom of choice to marry not be restricted ginia, Richard Perry Loving and Mil- sume. by invidious racial discriminations. Under dred Jeter Loving were charged with I want to thank the gentlewoman our Constitution, the freedom to marry, or violating Virginia’s anti-miscegenation from Wisconsin for presenting this res- not marry, a person of another race resides statutes, which made their marriage a olution to this Congress, and I notice with the individual and cannot be infringed felony. by the State.’’; that many of the statements that she Whereas in 1967, 16 States still had law pro- b 1415 has made have laid out I think the his- hibiting interracial marriage, including Ala- They challenged their convictions, tory of this Loving case very well to bama, Arkansas, Delaware, Florida, Georgia, the Congress, and so what I will seek to Kentucky, Louisiana, Mississippi, , culminating in the June 12, 1967, U.S. , Oklahoma, South Carolina, Supreme Court opinion in Loving v. do is perhaps just add and fill in per- Tennessee, , and West Virginia; Virginia, striking down the remaining haps some of the blanks that may have Whereas Loving v. Virginia struck down anti-miscegenation laws that were still been left, although I’m not convinced the remaining anti-miscegenation laws na- in effect in 16 States. that there are many. tionwide; In the unanimous opinion, the Su- And that is the emphasis on equal Whereas in 2000, Alabama became the last preme Court rejected bigotry against protection and due process clause of State to remove its anti-miscegenation laws interracial relations, recognizing an in- the 14th amendment. I think it was from its statutes; clear when a unanimous decision in the Whereas according to the U.S. Census Bu- dividual’s right to marry under the reau, from 1970 to 2000 the percentage of 14th amendment. Chief Justice Earl Supreme Court in the Loving case, and interracial marriages has increased from 1 Warren wrote: ‘‘Marriage is one of the it isn’t often that you see an issue that percent of all marriages to more than 5 per- ’basic civil rights of man,’ fundamental has been traditionally rooted from the cent; to our very existence and survival . . . time of our Founders up until 1967, Whereas the number of children living in To deny this fundamental freedom on have a unanimous decision of the Su- interracial families has quadrupled between so unsupportable a basis as the racial preme Court, even though it met that 1970 to 2000, going from 900,000 to more than classifications embodied in these stat- resistance at every step of the way 3 million; and throughout the entire appeals process Whereas June 12th has been proclaimed utes, classifications so directly subver- ‘‘Loving Day’’ by cities and towns across the sive of the principle of equality at the until it got to the Supreme Court. country in commemoration of Loving v. Vir- heart of the 14th amendment, is surely Today, it looks like a clear decision. ginia: Now, therefore, be it to deprive all the States’ citizens of It looks easy; it’s simple. None of us Resolved, That the House of Representa- liberty without due process of law.’’ would have any trouble with this Lov- tives— The opinion also stated that ‘‘the ing decision; but, in fact, then it was a (1) observes the 40th Anniversary of the 14th amendment requires that the free- matter of an idea whose time had fi- U.S. Supreme Court decision in Loving v. Virginia; and dom of choice to marry not be re- nally come. (2) commemorates the legacy of Loving v. stricted by invidious racial discrimina- But the Supreme Court laid out very Virginia in ending the ban on interracial tions. Under our Constitution, the free- clear language in their decision that marriage in the United States and in recog- dom to marry, or not marry, a person legislative classifications based on race

VerDate Aug 31 2005 01:34 Jun 12, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JN7.003 H11JNPT1 bajohnson on PRODPC60 with HOUSE June 11, 2007 CONGRESSIONAL RECORD — HOUSE H6189 were ‘‘odious to a free people whose in- that congregation is an integrated con- joint resolution re-emphasizing exist- stitutions are founded upon the doc- gregation. ing rules and customs pertaining to the trine of equality,’’ and further con- And so I would say we can’t be for display and use of the flag, especially demned Virginia’s interracial marriage equality if we’re not in support of recommending its display on a number statute. And then the Court concluded: intermarriage. God has created us all of different holidays, including Moth- ‘‘There can be no doubt that restrict- equally, and based upon that, I support er’s Day, the second Sunday in May. ing the freedom to marry solely be- this resolution. I think it’s appropriate Omitted from the list was Father’s cause of racial classifications violates that we bring it today. Day. H.R. 2356 would amend the Fed- the central meaning of the equal pro- Mr. Speaker, I yield back the balance eral flag code to include Father’s Day, tection clause.’’ of my time. the third Sunday in June, among im- I just appreciate the privilege to em- Ms. BALDWIN. Mr. Speaker, the Lov- portant holidays on which to fly the phasize those things, and then I’d like ing v. Virginia decision was a mile- American flag. to add then some other thoughts to stone in our continuing efforts to ful- The law now provides that, in addi- this record, Mr. Speaker, and that is fill the original promises of our Con- tion to the important occasions listed that we rightfully celebrate the anni- stitution, fulfilling the blessings of lib- in the flag code, ‘‘the flag should be versary of the landmark decision here erty for all Americans. It is highly fit- displayed on all days.’’ I know that today. The institution of marriage be- ting that we remember and honor the this is the custom in every community tween one man and one woman is older decision on its 40th anniversary. I urge in the United States. than the Nation itself. It predates gov- my colleagues to support this bill. Still, I think that it is important for ernment itself, and it also limits the Mr. Speaker, I yield back the balance the flag code to recognize both mothers power of government because tradi- of my time. and fathers, who raise the next genera- tional families are the fundamental The SPEAKER pro tempore. The tion, inculcate them with the values units of our society. question is on the motion offered by they need to be good citizens and good Through them, we pour through that the gentlewoman from Wisconsin (Ms. neighbors. crucible our values from a father and a BALDWIN) that the House suspend the I want to thank our colleague, the mother into the children and the val- rules and agree to the resolution, H. gentleman from Georgia (Mr. SCOTT) ues of our patriotism, our faith, our Res. 431. for his efforts to enact this worthwhile work ethic, our culture. The things we The question was taken; and (two- legislation. eat and the things we do, every compo- thirds being in the affirmative) the And I urge my colleagues to join me nent of our culture and civilization is rules were suspended and the resolu- in supporting this legislation to honor concentrated through those values of tion was agreed to. fathers in the flag code, just as we now those children that we have and that A motion to reconsider was laid on honor mothers. we’re so well-blessed with; and without the table. Mr. Speaker, I reserve the balance of my time. marriage, government would be bound f to expand to take its place and would Mr. KING of Iowa. Mr. Speaker, I try lamely to do so. ENCOURAGING DISPLAY OF THE yield myself such time as I may con- But marriage embraces only one FLAG ON FATHER’S DAY sume. principle, and that is the marriage of a Ms. BALDWIN. Mr. Speaker, I move I rise in support of this legislation union between a man and a woman, to suspend the rules and pass the bill which would add Father’s Day, the and the further distinction of that and (H.R. 2356) to amend title 4, United third Sunday in June, to the list of to have government draw a distinction States Code, to encourage the display holidays listed in the U.S. flag code on between people based upon their eth- of the flag of the United States on Fa- which it’s particularly appropriate to nicity should be abhorrent to a free ther’s Day. fly the American flag. people. The Clerk read the title of the bill. It’s altogether appropriate that Fa- And I stand here, Mr. Speaker, before The text of the bill is as follows: ther’s Day be added to the list of holi- you this afternoon, and I take this po- H.R. 2356 days on which the flag should be flown. sition that I believe we are all created Both fathers and mothers are essential Be it enacted by the Senate and House of Rep- in God’s image, and what He has cre- resentatives of the United States of America in elements to the basic family unit that ated, I believe it’s an insult to Him if Congress assembled, has made America so strong. And so we draw distinctions between His cre- SECTION 1. ADDITIONAL OCCASSION FOR DIS- the flag should be flown proudly on ation. He has also seen to bless us with PLAY OF THE FLAG OF THE UNITED both Father’s Day, as provided by this some specific characteristics that help STATES. bill, and on Mother’s Day, as already us identify one another. And because Section 6(d) of title 4, United States Code, provided in existing law, as a sign of He has seen to bless us with those char- is amended by inserting after ‘‘Flag Day, respect for both mothers and fathers acteristics, and in this case it was skin June 14;’’ the following: ‘‘Father’s Day, third and the essential role the traditional Sunday in June;’’. color, it doesn’t mean it still isn’t a re- family plays in raising new citizens in flection of God’s image. The SPEAKER pro tempore. Pursu- our democracy. And I recall stepping into a church in ant to the rule, the gentlewoman from I would add, I want to also thank Port Gibson, Mississippi, the Catholic Wisconsin (Ms. BALDWIN) and the gen- Congressman TODD TIAHRT for bringing church there that was built in 1848 by tleman from Iowa (Mr. KING) each will this initiative to Congress. It’s inter- the hands of some of the family of Jim control 20 minutes. esting to note that there was a class in Bowie, and the priest in that church The Chair recognizes the gentle- his district that when they were study- was Father Tony Pudenz, and he woman from Wisconsin. ing the history and studying the days showed me in the church that this GENERAL LEAVE that the Federal Government encour- church that was built in 1848, the floor Ms. BALDWIN. Mr. Speaker, I ask ages display of the flag, they noticed of the church was built for whites, the unanimous consent that all Members that Father’s Day was missing. They balcony was built for blacks. And just have 5 legislative days to revise and ex- had written a letter to Congressman a week before that, they had buried the tend their remarks on H.R. 2356 and in- TIAHRT asking that he take action on editor of the newspaper who had in 1967 clude extraneous materials in the this, and he has introduced a bill and it taken his white family from the floor RECORD. complements this bill before us. of the church and walked his five chil- The SPEAKER pro tempore. Is there So I thank him for that and I wanted dren and his wife up there where they objection to the request of the gentle- to emphasize how important it is for sat in the balcony with the African woman from Wisconsin? citizens to weigh in and to reach out Americans, thereby sending a state- There was no objection. and communicate with Members of ment where half of the congregation Ms. BALDWIN. Mr. Speaker, I yield Congress because here’s a perfect ex- walked across the street to the Epis- myself such time as I may consume. ample of how young people saw a gap, copal church where they go to church As part of our Nation’s bicentennial had their voice heard, and we have an to this very day. But the balance of celebration in 1976, Congress passed a opportunity here now to fill that gap.

VerDate Aug 31 2005 01:34 Jun 12, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.008 H11JNPT1 bajohnson on PRODPC60 with HOUSE H6190 CONGRESSIONAL RECORD — HOUSE June 11, 2007 The first Father’s Day celebration time, because never before have we care of these children and be respon- occurred in Fairmont, West Virginia, needed to stress the role of father, to sible for these children. in 1908, and the first Mother’s Day cele- be a good father. It is important for Congress to em- bration occurred just 15 miles away in It is a gaping hole in the fabric of phasize the significance of fathers and Grafton, West Virginia. So that neigh- America that fathers are not being fa- their socioeconomic value of the two- borhood is the home now of Father’s thers. Throughout so many aspects of parent family as well, for studies also Day and Mother’s Day. But it’s a his- our society, the American flag is one of show that children are more likely to torical anomaly that Mother’s Day and the greatest symbols of our country. It engage in recreational activities when Father’s Day were instituted so close is the representation of our freedoms, their fathers are present. When fathers in time, but it has taken until today our values, our heritage as a Nation. are involved in organized sports such for the House to pass a bill to add Fa- As Americans, our flag code instructs as soccer, baseball and basketball, they ther’s Day to the day on which it’s es- us to fly the flag every day, but espe- are not only encouraging physical ac- pecially appropriate to fly the flag. cially on a number of very special sig- tivity in their children, but also char- President Calvin Coolidge rec- nificant Federal, religious, and cul- acter development and sportsmanship. ommended Father’s Day as a national tural holidays. For many years, this Fathers also benefit for participating holiday in 1924; and in 1966, President list of occasions has included Veterans in their children’s teams, as physical Johnson made Father’s Day a holiday Day, President’s day, Columbus Day activity contributes to increased to be celebrated on the third Sunday of and Mother’s Day. wellness and disease prevention in June. The holiday was officially recog- In the past several years, the list was men. Fathers who are active in child nized in 1972, during the Presidency of amended to include the Reverend Mar- rearing may also find themselves more Richard Nixon. I look forward to Presi- tin Luther King, Jr.’s observation of nurturing toward their colleagues in dent Bush signing this legislation into his birthday as a national holiday, in the workplace, improving other aspects law and encouraging all Americans to honor of his outstanding contributions of their lives, by taking younger co- fly the flag of their own fatherhood that he made in his lifetime to the ad- workers under their wing or volun- celebrations, which will happen at my vancement of the civil rights of all teering more time to charitable organi- house. Americans. zations as well. And as a father, I’m particularly But our flag code currently does not Schools across this country are de- pleased to be here on the eve of the reflect the important roles of both men veloping innovative programs to reach next Father’s Day, helping support this and women in the raising of children, out to parents and to especially get fa- piece of legislation. and never before have we needed to em- thers involved in various and positive Mr. Speaker, I reserve the balance of phasize that. It is time that this body activities. In Kansas City, Missouri, my time. officially recognizes the importance of the Reconnecting Education and DADS Ms. BALDWIN. Mr. Speaker, I now American fathers by passing this im- organization developed a specific read- yield such time as he may consume to portant legislation today. ing program for fathers to use with the gentleman from Georgia (Mr. I am pleased that the House is con- their children. SCOTT), the sponsor of this legislation. sidering H.R. 2356, for fathers play an The Kindering Center of Belleview, b 1430 extraordinary role in the development Washington, created a weekly support Mr. SCOTT of Georgia. Mr. Speaker, of children. Psychologists have empha- group for fathers of children with spe- thank you to Ms. BALDWIN, the distin- sized that the presence of a father sig- cial needs. All over the country, guished lady from Wisconsin for her nificantly influences a child’s develop- schools are facilitating courses in re- generosity, and thanks to Mr. KING and ment in many ways. Infants not only sponsible fatherhood, including edu- those on the other side of the aisle who distinguish between their father and cation on child development, managing are joining in this effort. strangers’ voices within the first 4 stress and good nutrition for their chil- Mr. Speaker, without question, this weeks of life, but infants also recognize dren and themselves. is an extraordinary day, it is an ex- that a father is likely to engage in play I want to take just a minute here to traordinary bill, is an extraordinary time with them. acknowledge the important work of a occasion. This is America, the greatest That first impression, to hear that similar organization in my own con- country in the world, and our flag rep- strong comforting voice of a father, to gressional district in Georgia. These resents greatness. To have now, finally, balance that with the mother, is so men, these fathers are making a dif- fruition, the manifestation of those critical in the development of our chil- ference in the lives of our children by precious words that were captured in dren. In later years, the relationship volunteering their time to improve the the book of Exodus in the holy scrip- between a father and his children learning environment, not only for the tures, where God said, the greatest and strongly influences success in the children, but the many others who are the first commandment in relationship classroom, improves relationships with within the school as well. They call it of man to man were these words, peers, and decreases the likelihood of the DADS organization, DADS, whose ‘‘Honor thy father,’’ and then He said, negative behavior. acronym stands for Diverse and Dedi- ‘‘and thy mother that thy days will be Is there any wonder that today in so cated Support, and it is a collective ef- long in the land.’’ many reaches and depths in our neigh- fort by fathers in my congressional dis- Finally, today, on this day, June 11, borhoods that there is negative behav- trict to serve as role models, not the in the year 2007, nearly 4,000 years ior, and that is so much associated be- athlete, not the rap guy, not the sing- since those words were written down cause there is not a father being a fa- er, not the superstars. The great role and inscribed, we are finally recog- ther in the home and in the life of that models for our young people need to be nizing fathers as well as mothers by child. their fathers. By doing this today, this making sure the flag flies not just on The presence of a father is also a Congress is making this bold and Mother’s Day but on Father’s Day as very important determinant in the much-needed statement. well. child’s socioeconomic potential later in This program places fathers of stu- In the Hebrew language, the word for life. Unfortunately, over the last four dents in Clayton County, Georgia, mid- ‘‘father’’ is ‘‘abba, ‘‘and in the Greek decades, research shows that there has dle schools to serve as hallway and language it is ‘‘pater,’’ and together been an unprecedented rise in this Na- classroom monitors to help with the those words mean the begatter, the tion in the number of fatherless homes, discipline problems in our schools. Who progenitor, the source. But it also especially when they are first born, no better to do that, helping faculty to means provider and protector. It is no father. maintain order as students transition wonder why God in His wisdom said: The National Fatherhood Initiative between classes throughout the day. ‘‘Honor thy father’’ and He put father emphasizes that children from families This is where the violence sometimes first, and our mother, and now we are with fathers are five times less likely starts. But with a parent there, par- rectifying that situation. to be poor. What is the answer to pov- ticularly a father, a strong male pres- I am very delighted to be here. This erty? Getting the fathers who produce ence, these men also serve as tutors is an important bill, at an important these children to be fathers, to take when students need the help the most,

VerDate Aug 31 2005 01:34 Jun 12, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.010 H11JNPT1 bajohnson on PRODPC60 with HOUSE June 11, 2007 CONGRESSIONAL RECORD — HOUSE H6191 including Clayton County students to him tell me about his father and his is electrical power, and you can’t pursue their education and their grandfather and the relation of the equate the two. I learned a real impor- dreams. families and about how far it goes back tant lesson there as well, but time One self-employed volunteer at and rooted into the settlers that came after time, day after day, the impor- Lovejoy Middle School works while across the country, the pioneers. tant values of hard work and ethics students are in class, and takes breaks My grandfather on my mother’s side and integrity and telling the truth and throughout the day to monitor hall- was sent at a young age, about 13 years knowing that when I looked him in the ways and classrooms. That’s a father. old, to go from Indiana to Iowa, to go eye he knew what was in my mind and Another volunteer, a wounded vet- work on a farm that had only daugh- he knew what was in my soul. eran from the war in Iraq, not only sac- ters and no sons. What little bit of pay Even when I watch my hands work rificing his life in Iraq, where he was that he got, even at that young age, he today, they are the hands of my father wounded, but he comes back home in had to send back to Indiana. Then doing that work. When I come here to Clayton County, Georgia, and walks when he needed a pair of shoes, he had work here in this Congress, I know that the halls of Adamson Middle School to write a letter and ask, can I have I just don’t represent the 600,000 people with a cane. What a sight. These are some money, I need a pair of shoes. in my district, which is a profound heroes. No greater role model could we Well, he was a smart young man, and thing and a tremendous honor to be find than this wounded veteran who he married the farmer’s daughter, and able to do that, but all of us are the was wounded in Iraq, but comes back another generation began. That farm- legacy of our fathers and mothers, the to help shape the lives of our young er’s daughter and that fellow, of work ethic that they taught us, the people in school. course, that young man, were the par- values that they taught us. We are He came so that he may assist the ents to my mother. what has come through that crucible. faculty in ensuring good discipline But on my father’s side, my father We are the representatives of the gen- among the students. I am so honored, I taught me some things that I think erations. am so full, I am overflowing up here have been invaluable in my life. He was b 1445 today to know these fathers are mak- the one that always challenged me. And to be those representatives, we ing the ultimate difference in our com- Every evening we sat down, all our life can thank two people in our lives more munities and in my district. These men was about like the book ‘‘Fun with than any others, and that’s our fathers are not just fathers to individual stu- Dick and Jane.’’ Every evening we sat and our mothers. And I think that dents. They are dads to the children down at the supper table, and Dad car- came through Mr. SCOTT’s discussion who lack the involvement of a father in ried the conversation. It was either here very well, and I appreciate that their lives. The expansion of this pro- about his day at work, or it was about that’s in the record and we had the op- gram to elementary and high school current events, and then sometimes portunity to hear that. I wanted to add underscores the success to reach out and oftentimes it was the same thing, some of those words from my side of and encourage the involvement of fa- given his job. He was the one that this as well. thers both inside the school and out. taught me to be intellectually honest. Mr. Speaker, I yield back the balance In closing, I want to also note that First, you listened before you spoke, of my time. many children from single-parent fami- and you looked for an opportunity, and Ms. BALDWIN. Mr. Speaker, I would lies are doing well. They are suc- the amount of seniority you had in the also like to join the gentleman from ceeding. But just think what it would family and credibility gave you a little Iowa in giving special recognition to be if they had both parents there, if bit more opportunity to speak. But if our colleague, Mr. TIAHRT of Kansas, they had been raised to be upstanding you spoke, and you could not support who has also worked on this issue and and successful members of our commu- the statement that you made, he would is sponsoring similar legislation. This nity. By passing this legislation today, be there to challenge you on what do really is a remarkable bipartisan ef- we will show our support for the impor- you support that statement with. Why fort. tant roles that fathers, as well as can you make a statement like that Mr. Speaker, this is simple, yet sen- mothers, play in preparing future gen- when these are the countervailing sible legislation to accord equal honor erations in this country. facts? to fathers as to mothers in the statu- Honor thy father and thy mother so So, from a young age, one of the tory guidance on flying our Nation’s that thy days will be long in the land. most important things my father flag on special days of the year. I urge We are doing that in Congress today, taught me was to be intellectually hon- my colleagues to support it. Ms. JACKSON-LEE of Texas. Mr. Speaker, with extraordinary important, mean- est and expect to be challenged if you I rise in support of H.R. 2356, which amends ingful, and significant legislation. are not intellectually honest. title 4 of the United States Code to encourage Mr. KING of Iowa. Mr. Speaker, I On one of those occasions we began a the display of the flag of the United States on yield myself such time as I might con- discussion of whether you can convert Father’s Day. Unfortunately, our flag code sume. watts to horsepower. We had a debate does not include Father’s Day in the list of im- Mr. Speaker, listening to Mr. SCOTT going on, an argument going on, that portant occasions. H.R. 2356 rectifies this talk about the importance of fathers lasted for 3 days. Every night at sup- oversight by including Father’s Day, among and mothers in the family and the per, I would start that debate up again. the important holidays on which Americans Then I went to the school library and home and the children, I can’t any are encouraged to fly the American flag. longer resist reflecting through the went through a book and finally found Father’s Day in USA is celebrated with great generation and what this means to me the equation that showed how to do the enthusiasm and lot of fanfare on third Sunday as we discuss this bill that will encour- math between watts and horsepower. I of June. In observing this day, people reflect age the special attention to flying the snuck that book down to the supper on the invaluable role played by fathers in flag on Father’s Day. table, marked it, set it on my knees building the character of children and in the All of us, each of us has a father. We throughout supper. Then when we fin- development of the Nation. On Father’s Day don’t always get to know that father, ished eating and the conversation we honor our fathers and express gratitude for but I certainly got to know mine. began, we went into that discussion their love and affection. There is hardly a day that goes by that again. It is a wonderful idea to raise the American I don’t think of him. When I got him just to the right flag on Father’s Day, and allow it to symbolize I know that there is never a day that point in the conversation that I could the hard work and dedication of our fathers. goes by that his influence on me win the debate, I pulled out the book, The benefits of a father’s influence are well doesn’t show up in me in something opened it up to the formula and said documented. School achievements in children that I do. I look at the grandfathers here, so many watts equals horsepower. may be negatively effected in the absence of that I have known. I had the privilege I thought I had the argument won. But a good father-child relationship. Father influ- of knowing one of my grandfathers. I I had not been apparently intellectu- ence can affect the choice of occupations, watched the message that came from ally honest enough, because he said, preferred school subjects, and role develop- them, the work ethic and the history, that’s not what I am talking about. ment of their children. Clearly, the father can and to sit on his knee and to listen to Horsepower is mechanical power, watts greatly impact the lives of his children.

VerDate Aug 31 2005 01:34 Jun 12, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 7634 Sfmt 9920 E:\CR\FM\K11JN7.011 H11JNPT1 bajohnson on PRODPC60 with HOUSE H6192 CONGRESSIONAL RECORD — HOUSE June 11, 2007 For all of these reasons, we should honor Whereas the Nation takes great pride in jing, China, and encourages China to American fathers by amending the flag code the qualities of commitment to excellence, act responsibly in accordance with the to include Father’s Day on the list of important grace under pressure, and good will toward spirit of this Olympics. other competitors exhibited by the athletes observances. This bill also recognizes the proud of the United States Olympic team; and history of our own U.S. Olympic Com- Ms. BALDWIN. Mr. Speaker, I yield Whereas June 23, 2007 is the anniversary of back the balance of my time. the founding of the modern Olympic move- mittee, which has coordinated the de- The SPEAKER pro tempore. The ment, representing the date on which the velopment of young athletes in the question is on the motion offered by Congress of Paris approved the proposal of United States and sent so many of the gentlewoman from Wisconsin (Ms. Pierre de Coubertin to found the modern them to represent our country with BALDWIN) that the House suspend the Olympic games: Now, therefore, be it amazing poise. rules and pass the bill, H.R. 2356. Resolved, That the House of Representa- I’m delighted that the House will The question was taken. tives— today take this opportunity to recog- (1) supports the ideals and values of the The SPEAKER pro tempore. In the nize the anniversary of the founding of Olympic movement; the modern Olympic movement on opinion of the Chair, two-thirds being (2) calls upon the President to issue a proc- in the affirmative, the ayes have it. lamation recognizing the anniversary of the June 23. Ms. BALDWIN. Mr. Speaker, on that founding of the modern Olympic movement; Mr. Speaker, I reserve the balance of I demand the yeas and nays. and my time. Mr. LAMBORN. Mr. Speaker, I yield The yeas and nays were ordered. (3) calls upon the people of the United myself such time as I may consume. The SPEAKER pro tempore. Pursu- States to observe such anniversary with ap- propriate ceremonies and activities. Mr. Speaker, I rise in strong support ant to clause 8 of rule XX and the of House Resolution 395. I am pleased Chair’s prior announcement, further The SPEAKER pro tempore. Pursu- ant to the rule, the gentleman from to sponsor this resolution that sup- proceedings on this question will be ports and commemorates the ideals postponed. American Samoa (Mr. FALEOMAVAEGA) and the gentleman from Colorado (Mr. and values of the Olympics. f In a few weeks, on June 23, 2007, the LAMBORN) each will control 20 minutes. United States Olympic Committee will SUPPORTING THE IDEALS AND The Chair recognizes the gentleman be celebrating the anniversary of the VALUES OF THE OLYMPIC MOVE- from American Samoa. founding of the modern Olympic move- MENT GENERAL LEAVE ment. Mr. FALEOMAVAEGA. Mr. Speaker, Mr. FALEOMAVAEGA. Mr. Speaker, Specifically, June 23 represents the I move to suspend the rules and agree I ask unanimous consent that all Mem- date in 1896 on which the Congress of to the resolution (H. Res. 395) sup- bers may have five legislative days to Paris approved the proposal of Baron porting the ideals and values of the revise and extend their remarks and in- Pierre de Coubertin to found the mod- Olympic movement. clude extraneous material on the reso- ern Olympic games. The Clerk read the title of the resolu- lution under consideration. The Olympics emphasize the values tion. The SPEAKER pro tempore. Is there and ideals of, among other things, an The text of the resolution is as fol- objection to the request of the gen- active, healthy lifestyle for both able- lows: tleman from American Samoa? bodied and disabled athletes, personal There was no objection. H. RES. 395 excellence, good sportsmanship and Mr. FALEOMAVAEGA. Mr. Speaker, fair play, without regard for gender, Whereas, for over 100 years, the Olympic I rise in strong support of this resolu- movement has built a more peaceful and bet- race or age. ter world by educating young people through tion, and yield myself such time as I The Olympic movement and its mes- athletics, by bringing together athletes from may consume. sage of peace and solidarity offer hope many countries in friendly competition, and I would first like to commend our during times of tumultuous world by forging new relationships bound by distinguished colleague, the gentleman events. friendship, solidarity, sportsmanship, and from Colorado (Mr. LAMBORN), for in- For over 100 years the Olympic move- fair play; troducing this important resolution. ment has built a more peaceful and Whereas the United States Olympic Com- The Olympics are, first and foremost, better world by educating young people mittee is dedicated to coordinating and de- about sports, athletes from around the through athletics, by bringing together veloping athletic activity in the United world uniting in their love of their States to foster productive working relation- athletes from many countries in friend- ships among sports-related organizations; games and their commitment to free ly competition, and by forging new re- Whereas the United States Olympic Com- and fair competition. lationships bound by friendship, soli- mittee promotes and supports athletic ac- But the Olympics are also an impor- darity, sportsmanship and fair play. tivities involving the United States and for- tant global forum where athletes, Presently, thousands of men and eign nations; trainers and leaders and spectators women throughout the United States Whereas the United States Olympic Com- from around the world come together are working hard to prepare for com- mittee promotes and encourages physical fit- to participate in and observe the great- petition to proudly represent our great ness and public participation in athletic ac- est competition on Earth. The games tivities; Nation. Embodying values of health Whereas the United States Olympic Com- epitomize the spirit of global harmony and fitness, Olympic athletes are role mittee assists organizations and persons con- and cooperation among nations. models for young people as obesity be- cerned with sports in the development of For over 100 years, the modern Olym- comes far too widespread in the United athletic programs for able-bodied and dis- pics movement, in sponsoring the States. abled athletes regardless of age, race, or gen- games, has built understanding by These athletes will be participating der; bringing athletes together around the in one of the upcoming Olympic games: Whereas the United States Olympic Com- world in open competition and by forg- the XV Pan American Games, which mittee protects the opportunity of each ath- ing new bonds of friendship, solidarity lete, coach, trainer, manager, administrator, will take place in Rio de Janiero, and official to participate in athletic com- and sportsmanship. Brazil, later this year; the XXVIV petition; Given the current state of global af- Summer Olympics in Beijing, China, in Whereas the United States Olympic Train- fairs, we all have learned a lot from the 2008; and the XXI Winter Olympics in ing Centers in Colorado, California, New Olympic participants and from the Vancouver, Canada, in 2010. York, Michigan, and Alabama are dedicated symbolism of the peaceful assemblage As China prepares to open its doors to the development of Olympic athletes; of people from all different walks of to the world, the 2008 Olympic games in Whereas athletes representing the United life. Beijing could well be a defining event States at the Olympic games have achieved It is with this harmonious sentiment for our generation. great success personally and for the Nation; that Mr. LAMBORN’s resolution recog- The Olympic movement’s ideals and Whereas thousands of men and women of the United States are focusing their energy nizes the significance of the Olympic values are as relevant today, if not and skill on becoming part of the United movement in global understanding. more so, than when the modern Olym- States Olympic team and aspire to compete This resolution is particularly timely pic games began more than 100 years in the 2008 Olympic games; as we approach the 2008 games in Bei- ago.

VerDate Aug 31 2005 06:52 Jun 12, 2007 Jkt 059060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JN7.006 H11JNPT1 bajohnson on PRODPC60 with HOUSE June 11, 2007 CONGRESSIONAL RECORD — HOUSE H6193 Mr. Speaker, I reserve the balance of Berlin, ironically Owens was allowed to showing these athletes who prepare for my time. travel and stay in the same hotels as so long and so hard that they could Mr. FALEOMAVAEGA. Mr. Speaker, whites in Germany, and yet was denied share not only their talent but, more I wish to commend the gentleman for the same privilege here in our own than that, their fellowship with each his statement, and to honor the spirit country. other. of the Olympic movement, and espe- The fact is even noted that after a Now, in the advent of what is hap- cially that the great State of Colorado New York ticker tape parade that was pening seriously in terms of what we hosts the resources and the facilities given in his honor in New York City, are trying to do in Darfur, the moment that allow our athletes from all over that Owens had to ride the freight ele- now among some of the leaders and the country to come and to train and vator to attend a reception for him at others in the world is to boycott the to prepare adequately for this impor- the Waldorf Astoria. Olympics in China because some feel tant global event. I think it’s worth noting that this that China is not doing enough to put And I cannot help but to reflect on gentleman, humble as he was, one of pressure on the Sudanese Government some of the history and how important the greatest athletes, one of the great- to stop the genocide, to stop the geno- are some of the events that were clas- est athletes coming from our country, cide in Darfur, where over 400,000 lives sical as far as the Olympics were con- again the spirit of the Olympics, where have already been lost because of that cerned. And I want to share with my race, color, creed or religion should terrible crisis of genocide, and over 2 colleagues one of the great personal- have no barrier, and yet this great million refugees have already been ities that have come out of this, a gen- American set a tremendous example of sighted because of this terrible inci- tleman by the name of Jim Thorpe, what he did in 1936. dent’s happening, and the fact that who was a descendent, who was a Sauk Unfortunately, as well, in 1968, at the China receives 70 percent of its oil sup- and Fox Indian, American Indian, a de- height of the civil rights movement, ply from Sudan and the fact that China scendant of a great warrior chief and the Olympics that took place in Mex- also supplies arms to the Sudanese athlete himself, Black Hawk, Jim ico, where gentlemen by the name of Government. Thorpe. It is very interesting in the an- Tommy Smith and John Carlos dem- It is a very serious issue. And, unfor- nals of the Olympic games. In 1912, onstrated in their own way, of course tunately, like I said, I wish we lived in when he won the Olympics, several they were highly ridiculed by the a perfect world where we can separate gold medals in the Olympics there, and media; and it was their way of showing the politics from athletics, but this is he was approached by the King Gustav that something was wrong here in not the reality that we are faced with. of Belgium, and he said, Sir, this is America. African Americans were not And I am also making an urgent plea what the king said to Mr. Thorpe. Sir, given the same civil rights and lib- to our good friends from China, the you are the greatest athlete in the erties as all other Federal Americans, leaders of China, to put pressure on the world. And Thorpe, never a man to as is guaranteed supposedly by the U.S. Sudanese Government, put pressure on stand on ceremony, answered and sim- Constitution. the Sudanese Government to stop the ply said, Thanks, King. They made a display of their concern genocide in Darfur. Jim Thorpe was one of the greatest that in America, that something was Again, I want to commend my col- athletes in the world. He played base- wrong in our country. And I think they league and good friend for his support ball, he played football, in fact, in 1950 were later honored by the San Jose and for the sponsorship of this impor- he was named the greatest American State University for the fact that they tant legislation. football player. And then another acco- stood up for principle, not because they Mr. Speaker, I have no further re- lade that was given to this great ath- hated the Olympics or being athletes, quests for time, and I yield back the lete, Olympic athlete, the greatest but because of that. balance of my time. overall male, at least by the Associated Then the Olympics of 1980, we had a Mr. LAMBORN. Mr. Speaker, I yield Press in 1950. very serious problem when the Soviet myself such time as I may consume. Jim Thorpe, unfortunately, was sus- Union attacked Afghanistan. And I want to thank my colleague from pended in terms of the medals that he President Carter then issued a very in- American Samoa for the words he has won during the Olympics supposedly teresting statement. You pull out of just shared and especially for the in- because he had played professional Afghanistan or we’re going to boycott spiring example that he recounted to baseball. Supposedly, this is what he the Olympics. That’s exactly what hap- us of Jim Thorpe and Jesse Owens. was accused of. pened in 1980. And unfortunately, all An Olympic athlete has the potential Well, later on his medals were re- our athletes who trained so hard for to galvanize the attention of the entire stored. that 4-year period just wasted that country, sometimes the entire world, But given the fact that this is one of whole energy and time unfortunately. through overcoming adversity through the great personalities that have But because of political reasons. athletic excellence, and I expect that evolved from the spirit of the Olympic And here’s one of the ironies, Mr. we will be seeing a lot more of that in movement, another gentleman that I Speaker, that the United States was the future. And that is the kind of in- want to share with my colleagues his- joined in this boycott with Japan, West spiration that we as Americans and our torically was a gentleman by the name Germany, China and Canada. And guess young people can benefit from. of Jesse Owens, a son of Alabama, but who didn’t join us? Great Britain, I am proud that in Colorado Springs raised in the State of Ohio, in Cleve- , Greece. Very, very interesting we have the headquarters of the United land, Ohio, specifically. host of supposedly our allies and States Olympic Committee and we It was in the 1936 Olympics, 1936 friends as a matter of principle in have a very involved training center in Olympics in Berlin, Germany, and terms of what the Soviet Union did in Colorado Springs, in my district. We there was this problem that some of 1979. also have training centers in other our friends from Germany, particularly And then what happened in 1984? The parts of the country. I am aware of Adolph Hitler, had this very inter- Soviet Union and the Warsaw Pact training centers in California, New esting concept about the supremacy of members turned around and boycotted York, and Michigan as well. So the the white Aryan race. And this African the Olympics in Los Angeles. Olympics movement is something that American athlete went there and won we as a Nation can be proud of and can four gold medals, to the extent that it b 1500 support, and I would hope that this res- was very ironic. In the 1988 Olympics in Korea, Mr. olution makes a big step in that direc- Here, Jesse Owens could not even Speaker, it was my privilege to lead tion. train together with his white counter- the first delegation of my territory, as I want to thank my colleague across parts, the members of the Olympic members of the Olympic Committee, the aisle for helping me on this resolu- Committee, representing the United believe it or not, in the Olympic orga- tion, for the words that he shared. States of America. And yet, when he nization, in Seoul, Korea. And what an Mr. Speaker, I have no further re- got to Germany, in the midst of 110,000 awesome and powerful force it was to quests for time, and I yield back the spectators in that stadium there in show the world community in terms of balance of my time.

VerDate Aug 31 2005 03:20 Jun 12, 2007 Jkt 059060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.015 H11JNPT1 bajohnson on PRODPC60 with HOUSE H6194 CONGRESSIONAL RECORD — HOUSE June 11, 2007 The SPEAKER pro tempore. The between the United States and Latin financial institutions would suggest question is on the motion offered by America and makes significant con- that the U.S. executive directors to the gentleman from American Samoa tributions to economic development IFIs effectively function as officers or (Mr. FALEOMAVAEGA) that the House and civil society throughout the re- employees of the United States. In this suspend the rules and agree to the reso- gion. The foundation, which also re- regard the World Bank Web site states lution, H. Res. 395. ceives contributions from the Inter- that ‘‘the U.S. executive director is an The question was taken; and (two- American Development Bank, pri- employee of the U.S. Department of thirds being in the affirmative) the marily funds partnerships among Treasury and is supported by an alter- rules were suspended and the resolu- grass-roots and nonprofit organizations nate executive director for the United tion was agreed to. and businesses and local governments. States, as well as a team of advisers A motion to reconsider was laid on These partnerships are directed at im- representing different executive branch the table. proving the quality of life of poor peo- agencies.’’ f ple and strengthening civic participa- The U.S. representatives to the IFIs tion, accountability, and democratic receive detailed instructions from the PROVIDING THAT EXECUTIVE DI- practices. Secretary of the Treasury regarding RECTOR OF INTER-AMERICAN The foundation is therefore a vital the position of the United States Gov- DEVELOPMENT BANK MAY agency that bolsters Latin America ernment on all votes pending before SERVE ON BOARD OF DIRECTORS and ought to have the full support of the board, as well as on all outstanding OF INTER-AMERICAN FOUNDA- relevant agencies and bodies, espe- policy matters. The U.S. representa- TION cially the Inter-American Development tives to these institutions are also eli- Mr. FALEOMAVAEGA. Mr. Speaker, Bank. gible to receive employee benefits, and I move to suspend the rules and pass The bill before the House today the Treasury Department serves as the the Senate bill (S. 676) to provide that comes to us from the Senate. It simply employing office for collecting, ac- the Executive Director of the Inter- makes explicit that the executive di- counting for all retirement and health American Development Bank or the Al- rector of the Inter-American Develop- insurance benefits payments made by ternate Executive Director of the ment Bank should be eligible for ap- these individuals. Inter-American Development Bank pointment to the board of the Inter- Having said that, passage of this act may serve on the Board of Directors of American Foundation. While it was will certainly do no harm and may the Inter-American Foundation. previously assumed that the head of serve to help expedite the consider- The Clerk read the title of the Senate the bank could be appointed to the ation of Hector Morales to serve as a bill. foundation board, such eligibility was member of the Board of Directors of The text of the Senate bill is as fol- never codified in the law. the Inter-American Foundation. Mr. lows: This bill is a technical fix that our Morales is currently serving as the S. 676 good friends, the distinguished chair- United States executive director of the Be it enacted by the Senate and House of Rep- man of the Senate Foreign Relations Inter-American Development Bank, a resentatives of the United States of America in Committee, Mr. BIDEN; and the senior position to which he was appointed Congress assembled, ranking member of the Senate Foreign after receiving the advice and consent SECTION 1. AUTHORITY TO APPOINT EXECUTIVE Relations Committee, Mr. LUGAR, be- of the Senate in November 2004. The DIRECTOR OR ALTERNATE EXECU- TIVE DIRECTOR OF THE INTER- lieve that this law should be installed. position on the Board of Inter-Amer- AMERICAN DEVELOPMENT BANK TO I urge my colleagues to support this ican Foundation would be a part-time THE BOARD OF DIRECTORS OF THE legislation. appointment. INTER-AMERICAN FOUNDATION. Mr. Speaker, I reserve the balance of Mr. Speaker, I have no further re- The third sentence of section 401(g) of the my time. quests for time, and I yield back the Foreign Assistance Act of 1969 (22 U.S.C. Mr. LAMBORN. Mr. Speaker, I yield 290f(g)) is amended to read as follows: ‘‘Three balance of my time. members of the Board shall be appointed myself such time as I may consume. Mr. FALEOMAVAEGA. Mr. Speaker, from among the following: officers or em- Mr. Speaker, this legislation adds a I thank my good friend, the gentleman ployees of agencies of the United States con- technical clarification to the Inter- from Colorado, for his most eloquent cerned with inter-American affairs, the American Foundation Act. By back- statement. United States Executive Director of the ground, this bill would amend the Mr. Speaker, I have no further re- Inter-American Development Bank, or the Inter-American Foundation Act to quests for time, and I yield back the Alternate Executive Director of the Inter- clarify that the President may appoint balance of my time. American Development Bank.’’. the U.S. executive director of the The SPEAKER pro tempore. The The SPEAKER pro tempore. Pursu- Inter-American Development Bank, or question is on the motion offered by ant to the rule, the gentleman from IADB, or his alternate to serve as a the gentleman from American Samoa American Samoa (Mr. FALEOMAVAEGA) member of the Board of the Inter- (Mr. FALEOMAVAEGA) that the House and the gentleman from Colorado (Mr. American Foundation. suspend the rules and pass the Senate LAMBORN) each will control 20 minutes. The Inter-American Foundation Act bill, S. 676. The Chair recognizes the gentleman requires that three members of the The question was taken. from American Samoa. nine-member board ‘‘shall be appointed The SPEAKER pro tempore. In the GENERAL LEAVE from among officers or employees of opinion of the Chair, two-thirds being Mr. FALEOMAVAEGA. Mr. Speaker, agencies of the United States con- in the affirmative, the ayes have it. I ask unanimous consent that all Mem- cerned with inter-American affairs.’’ Mr. FALEOMAVAEGA. Mr. Speaker, bers may have 5 legislative days to re- The authors of this legislation appear on that I demand the yeas and nays. vise and extend their remarks and in- to believe the clarification is necessary The yeas and nays were ordered. clude extraneous material on the bill because some have recently questioned The SPEAKER pro tempore. Pursu- under consideration. whether or not a U.S. executive direc- ant to clause 8 of rule XX and the The SPEAKER pro tempore. Is there tor to an international financial insti- Chair’s prior announcement, further objection to the request of the gen- tution, or IFI, like the IADB, is actu- proceedings on this question will be tleman from American Samoa? ally an officer or employee of agencies postponed. There was no objection. of the United States. f Mr. FALEOMAVAEGA. Mr. Speaker, I would note simply that this ques- I yield myself such time as I may con- tion is largely a nonissue. To my RECOGNIZING AND WELCOMING sume. knowledge, never before has Congress THE DELEGATION OF PRESI- Mr. Speaker, I rise in strong support questioned whether a U.S. executive di- DENTS, PRIME MINISTERS, AND of this proposed legislation. rector could concurrently serve on the FOREIGN MINISTERS FROM THE The Inter-American Foundation is an Inter-American Foundation’s board. CARIBBEAN TO WASHINGTON, DC important agency of the United States Indeed, any experience with the day- Mr. FALEOMAVAEGA. Mr. Speaker, Government that strengthens relations to-day operations of the international I move to suspend the rules and agree

VerDate Aug 31 2005 03:20 Jun 12, 2007 Jkt 059060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.018 H11JNPT1 bajohnson on PRODPC60 with HOUSE June 11, 2007 CONGRESSIONAL RECORD — HOUSE H6195 to the resolution (H. Res. 418) recog- Ministers from Caribbean countries to Wash- contributions to our culture here in nizing and welcoming the delegation of ington, DC. America. I need only to cite a few that Presidents, Prime Ministers, and For- The SPEAKER pro tempore. Pursu- come to mind, and one of the gentle- eign Ministers from the Caribbean to ant to the rule, the gentleman from men I had the privilege of meeting Washington, DC, and commending the American Samoa (Mr. FALEOMAVAEGA) years ago was none other that Mr. Caribbean Community (CARICOM) for and the gentleman from Arkansas (Mr. Harry Belafonte, whose roots are also holding the Conference on the Carib- BOOZMAN) each will control 20 minutes. from the Caribbean. What about the bean. The Chair recognizes the gentleman late and former Congresswoman Shir- The Clerk read the title of the resolu- from American Samoa. ley Chisholm, the first African Amer- tion. GENERAL LEAVE ican woman to run for President of the The text of the resolution is as fol- Mr. FALEOMAVAEGA. Mr. Speaker, United States, and she certainly distin- lows: I ask unanimous consent that all Mem- guished herself in representing her con- stituents from New York. H. RES. 418 bers may have 5 legislative days to re- Whereas Presidents, Prime Ministers, and vise and extend their remarks and in- b 1515 clude extraneous material on the reso- Foreign Ministers from Antigua and Bar- Also, at the meeting, I had the privi- lution under consideration. buda, the Bahamas, Barbados, Belize, Domi- lege of meeting with a gentleman by The SPEAKER pro tempore. Is there nica, Grenada, Guyana, Haiti, Jamaica, the name of Sidney Poitier from the Saint Kitts and Nevis, Saint Lucia, Saint objection to the request of the gen- Caribbean, of Caribbean heritage. And Vincent and the Grenadines, Suriname, Trin- tleman from American Samoa? of course none other than former idad, and Tobago will travel to Washington, There was no objection. DC, to attend the Conference on the Carib- Mr. FALEOMAVAEGA. Mr. Speaker, Chairman of the Joint Chiefs of Staff, and also former Secretary of State, Mr. bean and meet with Members of Congress; I yield myself such time as I may con- Whereas for the first time in its history, , whose heritage is also sume. through the cooperation of the Caribbean Mr. Speaker, I rise in strong support from the Caribbean. Community (CARICOM), the Department of We need to continue to work on ways of this resolution. State, and Congress, the Conference on the to strengthen the open markets and Let me first commend my distin- Caribbean is convening June 19, 2007, through economic ties that have brought pros- guished friend and colleague, also a June 21, 2007, in Washington, DC; perity to many Caribbean nations that Whereas CARICOM was created through senior member of the Foreign Affairs promise to lift up those in need. We all the Treaty of Chaguaramas in 1973 at Committee, the gentleman from New look forward to seeing some real tan- Chaguaramas, Trinidad and Tobago; York, Mr. ELIOT ENGEL, chairman of gible results coming out of this upcom- Whereas CARICOM was established in the Subcommittee on the Western order to improve labor standards, produc- ing conference. tion, and sustained economic development, Hemisphere, for introducing this im- I urge my colleagues to give this res- expand foreign trade and economic relations, portant resolution, which welcomes an olution its fullest support. increase economic leverage and effectiveness impressive delegation of Presidents, Mr. Speaker, I reserve the balance of of Member States in dealing with third-party Prime Ministers, and Foreign Ministers my time. states, enhance the coordination of Member from the Caribbean to Washington, DC Mr. BOOZMAN. Mr. Speaker, I yield States’ foreign policies and trade relations, for the Conference on the Caribbean. myself such time as I may consume. and promote the tradition of democracy in Mr. Speaker, the Caribbean nations Mr. Speaker, I rise in strong support the region; are as varied and stunningly exquisite of H. Res. 418 that welcomes the dele- Whereas CARICOM is developing stronger as anywhere in the world. We are trade, economic relations, and overall co- gations of presidents, prime ministers operation with the United States Govern- pleased to have a strong relationship and foreign ministers from the Carib- ment; with the Caribbean Community, also bean to Washington to meet with the Whereas the Conference on the Caribbean known as CARICOM, the free trade as- U.S. Congress. This delegation brings is a unique dialogue between leaders of the sociation that unifies these states. the President of Suriname, the prime United States and Caribbean countries to de- For the first time in its history, ministers of Barbados, Belize, Grenada, velop regional strategies for economic devel- through the coordination of the Carib- St. Lucia, St. Vincent and the Grena- opment and better relations with Caribbean bean Community, the State Depart- dines, and Trinidad and Tobago, for- countries; ment and Congress, the Conference of Whereas the United States has maintained eign ministers from the CARICOM deep and enduring relations with the peoples the Caribbean is convening in Wash- countries, and the Assistant Secretary of Caribbean countries and is linked to the ington. The Foreign Affairs Committee General of the Caribbean Community. Caribbean not only through geography but is pleased to be meeting with the mem- These unprecedented meetings are also through common interests and values; bers of this delegation when they con- part of the CARICOM Conference on Whereas the United States and Caribbean vene here on June 19 through June 21. the Caribbean that will take place from countries can enhance their cooperation in They will also be meeting with Presi- June 19–21. many areas, including mutually beneficial dent Bush as well as members of the The Caribbean Community, or trade and economic relationships, coun- House Ways and Means Committee and CARICOM, was established in 1973 to tering the transnational scourges of crime, drugs, and terrorism, combating the spread the Congressional Black Caucus. unify member countries on foreign of infectious disease, protecting the environ- This is to be a historic meeting that policies and trade relations with out- ment and encouraging tourism, maintaining ushers in a new era of cooperation be- side states, and to improve the eco- fisheries and other maritime resources, ad- tween the United States and the na- nomic conditions of the region. dressing climate change, energy security and tions of the Caribbean, an area of the Fourteen member states will be rep- renewable energy sources, and promoting de- world often neglected. resented at the meeting, which will mocracy and good governance; and The United States and the countries focus on trade relations with the Whereas there are increasing numbers of of the Caribbean can enhance collabo- United States, energy cooperation, and Americans of Caribbean heritage making ration in several important areas, in- security concerns, including small myriad contributions to America’s rich cul- tural fabric and diversity: Now, therefore, be cluding mutually beneficial trade and arms trafficking and counternarcotics it economic relationships; battling crime, efforts, immigration and the reintegra- Resolved, That House of Representatives— drugs, and terrorism; and combating tion of the Portuguese in the region, (1) recognizes the deep and historic ties be- the spread of diseases including HIV/ and the prevention of HIV/AIDS. tween the peoples of the United States and AIDS. This will also be a golden oppor- There is always room to improve U.S. the Caribbean; tunity for the Caribbean nations and relations with our southern neighbors. (2) expresses the hope that relations be- the United States to cooperate on new Other such areas to be addressed dur- tween the United States and the Caribbean and clean energy production tech- ing the discussions include encouraging will continue to grow closer in the future; tourism, protecting the environment, (3) commends the Caribbean Community nologies. (CARICOM) for holding the Conference of the Our relations with the Caribbean also addressing energy security and renew- Caribbean; and hit very close to home as there are in- able resources, combating the spread of (4) recognizes and welcomes the delegation creasing numbers of Americans of Car- infectious disease, and promoting de- of Presidents, Prime Ministers, and Foreign ibbean heritage making significant mocracy and good governance. This bill

VerDate Aug 31 2005 03:20 Jun 12, 2007 Jkt 059060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.020 H11JNPT1 bajohnson on PRODPC60 with HOUSE H6196 CONGRESSIONAL RECORD — HOUSE June 11, 2007 recognizes the deep and historic ties in the world. It is important to expand the United States to combat terrorism. between the people of the United our strong relationship with the Carib- They’re willing, they’re able, they States and the Caribbean, and it com- bean Community, also known as want to work with us. We just need to mends the Caribbean Community for CARICOM. This is an historic con- show that we want to work with them. the establishment of the first-ever con- ference. For the first time in its his- Terrorism is not just a single region ference of this kind. tory, through the coordination of the issue, it impacts all areas of the world. I applaud this important step, and Caribbean Community, the State De- When we have friends reaching out to look forward to working with partment, the Congress, the Conference us in our hemisphere as allies on the CARICOM to improve the overall rela- on the Caribbean is convening in Wash- war on terror, we must closely engage tions between the U.S. Congress and ington. I cannot state how important with them. our Caribbean allies. that is and how significant that is and I am looking forward to this historic Mr. Speaker, I reserve the balance of what kind of important role the United meeting that ushers in a new era of co- my time. States Congress can play. Mr. FALEOMAVAEGA. Mr. Speaker, I am honored to be the chairman of operation between the United States I want to thank my good friend and the Western Hemisphere Sub- and the Caribbean, an area of the world colleague from Arkansas for his sup- committee, and I will do everything in to which, again, I don’t believe we have port of this important legislation. my power to help facilitate relations been paying adequate attention. Mr. Speaker, I forgot to mention as between the United States, United The United States and the countries part of my commenting on this, the States Congress and the nations of the of the Caribbean can enhance collabo- tremendous number of world-renowned Caribbean. ration in several important areas, in- athletes also coming from the Carib- The Foreign Affairs Committee is cluding mutually beneficial trade and bean. I can only think of Bob Clemente pleased to be meeting with the mem- economic relationships, battling crime, from Puerto Rico. I know of one other, bers of this delegation on June 20 at drugs and terrorism, and combating but I am going to get back to you on 2:30 p.m., and I encourage all our col- the spread of diseases, including HIV/ them, Mr. Speaker. leagues, both on our committee and on AIDS. There is also a golden oppor- Mr. Speaker, at this time it is my our subcommittee, and even people tunity for the Caribbean nations and privilege to yield such time as he may that are not on our committee, to at- the U.S. to cooperate on new and clean need to the chief sponsor and author of tend this meeting. energy production technologies. And, this proposed legislation, my good The delegation will also be meeting again, when we were in Trinidad, we friend and colleague, the gentleman with President Bush, as well as mem- visited some of those technologies, from New York (Mr. ENGEL). bers of the Ways and Means Committee Trinidad being a major supplier of nat- Mr. ENGEL. Mr. Speaker, I would and the Congressional Black Caucus, ural gas to the United States of Amer- like to thank my good friend from and as well as, of course, our Foreign ica. American Samoa, my classmate, we Affairs Committee. Our relations with the Caribbean also came to Congress together in 1989, for Mr. Speaker, I visited four Caribbean are very important as there are large yielding me this time. I would like to countries in the last 6 months and have numbers of Americans of Caribbean thank Chairman LANTOS for marking learned much from our friends in the heritage, as the gentleman from Amer- up this resolution, and for the support south. In Haiti, leaders are very appre- ican Samoa pointed out, making sig- of many members of the Foreign Af- ciative for the support of the United nificant contributions to our culture in fairs Committee. States and for the recent passage of the America. I represent the New York I would also like to thank my col- HOPE legislation, but want to make City area district. In New York City leagues. This is the first speech I am sure we coordinate closely with the and in the suburbs, and in my district making on the House floor since the government on our assistance plan. alone in New York, there are very, very passing of my dear mother, and I want Further to the south, leaders of the large numbers of Caribbean residents, to thank my colleagues for their sup- many small island nations feel ne- including Jamaicans, Haitians, port and for their strength and caring glected by the United States and are Dominicans, and many, many others. for me and my family. looking for closer cooperation on en- The Dominican Republic is a country Mr. Speaker, this resolution wel- ergy, security, crime, education, health that wants to work closely with us, a comes a delegation of presidents, prime and other issues. Countries like China very important country. Haiti needs ministers and foreign ministers from 14 are stepping in and filling the vacuum our attention. Grenada, where the Caribbean nations to Washington, D.C., left by the United States in these United States invaded when Ronald for the Conference on the Caribbean, small, but strategically important Reagan was President, now we seem to which will be held next week. countries. This is our hemisphere, the be neglecting them. We visited there as I am the chairman of the Western Western Hemisphere, and we simply well. So these are countries that we Hemisphere Subcommittee of the must be more engaged. We cannot need to watch, to work with. House Foreign Affairs Committee, and stand back and think that other coun- I can tell you that the relationship tries are not going to move into the The gentleman on the other side of that the United States has with the vacuum. You know, we used to go to the aisle mentioned St. Vincent and Caribbean nations is of paramount im- school when we were kids and learn the Grenadines. It’s just coincidental portance. In fact, in many of the trips about the policy of ‘‘hands off the that the foreign minister of St. Vin- that we have gone on, people have said Americas,’’ but that’s not true any- cent and the Grenadines, who will be to us they want the United States to be more. Other countries, like China and here, went to college with me some 40 involved. They have a sense, many like and other places, will step in years ago in New York City. And we times, that we have looked elsewhere, if we neglect these countries. have maintained our friendship and they don’t understand why. Our friends in the Caribbean have of- through all those years, never knowing So I think it is important for our fered their support for U.S. efforts to that I would eventually go to Congress subcommittee to be involved, our com- combat global terrorism. With the re- and he would become the foreign min- mittee to be involved and for the U.S. cent revelation that the suspects from ister of St. Vincent in the Grenadines. Congress to be involved in helping to Trinidad and Tobago and Guyana were And so I hope to work with him on foster good ties with the Caribbean na- involved in the plot to blow up JFK these issues. His name is Louis tions; and of course this resolution lays Airport in New York City, we need Straker. These are important relation- the groundwork, and the interaction more than ever to work closely with ships, and we need to continue to foster with the delegations from the Carib- our allies in the Caribbean to defeat them. bean that will be here this week is terrorism. And finally, we must continue to very, very important. I was just in Trinidad with a delega- work on ways of strengthening the re- As Mr. FALEOMAVAEGA said, the Car- tion. We met with the leader of Trini- lationships that have brought pros- ibbean nations are as culturally varied dad, and he told us in emphatic terms perity to many Caribbean nations and and physically beautiful as anywhere how closely he wanted to work with that promise to lift up those in need. It

VerDate Aug 31 2005 03:20 Jun 12, 2007 Jkt 059060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.022 H11JNPT1 bajohnson on PRODPC60 with HOUSE June 11, 2007 CONGRESSIONAL RECORD — HOUSE H6197 is my hope that our friends in the Car- And again, I want to commend my tion, cooperation on security issues including ibbean can see some real concrete re- good friend, the chairman of our For- the return of criminal deportees, disaster pre- sults coming out of this important Car- eign Affairs Subcommittee on the paredness and mitigation and health-care in- ibbean Conference in Washington. Western Hemisphere. We look forward cluding HIV/AIDS. Let me just conclude by saying the to meeting with these presidents and The Caribbean and its peoples have deep time for rhetoric is over. It is now time prime ministers coming from the Car- and historic ties with the United States and its for action and a real enhancement of ibbean region. peoples. It is my fervent hope that through this our relations with the Caribbean. Mrs. CHRISTENSEN. Mr. Speaker, as a conference and the meetings that will take Again, Mr. Speaker, I would like to daughter of the Caribbean and the only mem- place with President Bush and the Members thank my colleagues for their support ber of the House from the English-speaking of Congress, including the Congressional of this legislation. I thank the chair- Caribbean, I rise in strong support of H. Res. Black Caucus, that relations between the man. I thank the gentleman from the 418, which recognizes and welcomes the del- United States and the Caribbean will continue American Samoa, the gentleman from egation of Presidents, Prime Ministers, and to grow closer in the future. Arkansas. We all need to work to- Foreign Ministers from the Caribbean to I urge my colleagues to support adoption of gether. This should be bipartisan. This Washington, DC, and commends the Carib- this resolution. is good for America. We need to bean Community, CARICOM, for holding their strengthen our ties with the Caribbean. Conference on the Caribbean. Ms. JACKSON-LEE of Texas. Mr. Speaker, Mr. BOOZMAN. Mr. Speaker, I want It is with great pride that I join my col- I rise in support of H. Res. 418, recognizing to thank the subcommittee chairman leagues in applauding the heads of Govern- and welcoming the delegation of Presidents, for his hard work. Also, I want to ment of the CARICOM Caribbean Community Prime Ministers, and Foreign Ministers from thank the chairman of the full com- of nations for convening their conference on the Caribbean to Washington, DC, and com- mittee, Mr. LANTOS, and Ms. ROS- the Caribbean—A 20/20 Vision—here in mending the Caribbean Community, LEHTINEN for bringing this forward Washington. The theme of the conference is: CARICOM, for holding the Conference on the along with our staff. CARICOM DEVELOPMENT IN THE 21st Cen- Caribbean. Mr. Speaker, I yield back the balance tury: Economic Growth with Social Equity. I will first begin by thanking my colleague on of my time. the Foreign Affairs committee and chairman of Mr. FALEOMAVAEGA. Mr. Speaker, I want to thank and commend my colleague the Subcommittee on the Western Hemi- I want to commend my colleague and and friend the chairman of the Subcommittee sphere, Representative ELIOT ENGEL, for intro- chairman of our Subcommittee of the on Western Hemisphere, Representative Western Hemisphere. Not only am I an ENGEL for introducing H. Res. 418 and for ducing such an important key resolution, original cosponsor of this important shepherding it on to the floor of the House which welcomes to Washington, DC, Presi- resolution, but also, as a member of today. dents, Prime Ministers, and Foreign Ministers the Western Hemisphere Sub- Mr. Speaker, the nations of the Caribbean, from all nations of the Caribbean. Through co- committee, it has been my privilege some of the longest and most stable democ- operation between CARICOM, the Department over the years to also visit some of our racies in the region, have long been among of State and the , del- countries here in the Caribbean area. our closest friends and staunchest allies. In re- egates will meet for the first time in history for And as my friend from New York has cent years, the region was described as Amer- a three day—June 19–June 21, 2007—Con- said, sometimes we neglect these so- ica’s ‘‘third border’’ because events there have ference on the Caribbean. called small states. a direct impact on the security of the United As a member of the United States House of A couple of weeks ago, I had the States. However, while we have made state- Representatives, I recognize the deep and his- privilege of hosting several presidents ments about bolstering political and economic toric ties between our American people and and prime ministers from the South stability in the region, the reality is that our those of the Caribbean. I would like to take Pacific, from the Pacific region. Cur- friends to the south have been suffering from this opportunity to commend the Caribbean rently, in the United Nations they have our benign neglect. community, CARICOM, for holding this con- what is known as a small states asso- Whether it has been our position on Carib- ference, as well as to recognize and welcome ciation, which is comprised primarily bean bananas at the WTO, or our insistence all delegates to the United States. I look for- of states or countries from the Carib- that our Caribbean neighbors make costly up- ward to working with the Caribbean commu- bean, and also from the Pacific region. grades to their air and seaports to comply with nity in maintaining and strengthening the rela- And they number about a little over 42 our post-September 11th security concerns, to tions between both countries. the recently instituted Western Hemisphere members in the United Nations. CARICOM was created through the Treaty Initiative, our Caribbean neighbors have been The point I wanted to make, Mr. of Chaguaramas in 1973 to aid in developing taking it on the chin economically as a result Speaker, is these are sovereign, inde- stronger trade and economic relations, improv- of policy decisions we have made to address pendent nations, and we are not to ing labor relations, and sustaining economic our domestic and foreign policy agendas. look at them as just because they’re development and overall cooperation when I also hope that the recently uncovered plot small, that they are not important as dealing with third-party states. It will be the to blow up a fuel supply line at the JFK Airport far as our national needs are con- hope of all delegates convened to usher in a in NY, allegedly involving four men from Guy- cerned. We ought to be very sensitive new era of cooperation between the U.S. and ana and Trinidad and Tobago will not lead to to the needs of small states, no matter the Caribbean; an area of the world that is the belief that the Caribbean is becoming a where they are. often neglected. I also want to note with a sense of ‘‘hotbed of terrorism’’. irony that right in the middle of the In holding their conference in Washington, As a strong supporter of the notion of a Caribbean we have 4 million U.S. citi- our Caribbean neighbors hope to strengthen global marketplace of ideas, I strongly believe zens living in the Commonwealth of the relationship between the United States that this meeting can serve as a landmark to- Puerto Rico. I failed to mention that and CARICOM by addressing priority areas for ward creating mutually beneficial relationships, with my love and passion for the sport future Caribbean growth and development, in- as well as enhancing collaboration in several of golf, it was my privilege to meet a cluding issues related to trade, competitive- areas such as trade and economic relation- couple of years ago the great golfer ness and investment, in mutually beneficial ships, crimes, drugs and terrorism, while also from Puerto Rico, Chi Chi Rodriguez. I and reinforcing ways. combating the spread of diseases, including stated earlier Sammy Sosa. We have so They also hope to deepen and broaden the HIV/AIDS. The Conference on the Caribbean many names here, Mr. Speaker, I just dialogue between the Governments and peo- also allows the two countries to cooperate on wanted to share with my colleagues ple of CARICOM and the Government and new and clean energy-production tech- and my good friend from Arkansas, tre- people of the United States of America that nologies. mendous contributions of talent com- should result in the renewed appreciation of As a leader in one of the most diverse met- ing from the Caribbean region. I don’t the Caribbean. ropolitan districts in the nation, as well as a need to say them in terms of the We—the Congress and the Bush Adminis- member of the Foreign Affairs Committee here wealth of talent coming from the Car- tration—owe it to these small and vulnerable on Capitol Hill, I strongly cherish the bond that ibbean as far as the sport of baseball is friends to seriously consider the issues they our two nations share. I can attest to the sig- concerned. I just want to share that will raise with us during the conference. These nificant contributions that Americans of Carib- note with my colleagues. include, trade and competitiveness, immigra- bean heritage are making in America. Houston

VerDate Aug 31 2005 03:20 Jun 12, 2007 Jkt 059060 PO 00000 Frm 00013 Fmt 7634 Sfmt 9920 E:\CR\FM\K11JN7.024 H11JNPT1 bajohnson on PRODPC60 with HOUSE H6198 CONGRESSIONAL RECORD — HOUSE June 11, 2007 is a multicultural city with a large and even ad- Whereas the Republic of Korea has more bating world terrorism. The combina- vancing international community; for that rea- than 1,200 armed services personnel deployed tion of emerging terrorism threats and son, I strongly support and value a cultural in Iraq, constituting the third largest coali- the North Korean challenge makes this tion contingent in Iraq behind the United resolution particularly important outreach effort. States and the United Kingdom; I thank you once again, Mr. ENGEL, for your Whereas the Republic of Korea has more today. efforts in introducing this piece of legislation. I than 200 armed services personnel deployed I certainly want to commend my am looking forward to witnessing the results of in Afghanistan; and good friend, Assistant Secretary Chris- this upcoming conference. Whereas the Republic of Korea has pledged topher Hill of the State Department, Mr. Speaker, I ask all of my colleagues to $460,000,000 toward reconstruction and sta- for his diligence and efforts in negoti- join me in supporting this resolution. bilization in postwar Iraq: Now, therefore, be ating with the North Koreans in the Mr. FALEOMAVAEGA. Mr. Speaker, it six-party talks. I would be remiss if I Resolved, That the House of Representa- I yield back the balance of my time. did not also recognize a most signifi- tives recognizes the strong alliance between cant contribution made by the Repub- The SPEAKER pro tempore. The the Republic of Korea and the United States question is on the motion offered by and expresses appreciation to the Republic of lic of China and the help that they the gentleman from American Samoa Korea for its contributions to international have contributed in bringing the North (Mr. FALEOMAVAEGA) that the House efforts to combat terrorism. Koreans to the negotiating table and suspend the rules and agree to the reso- for which the negotiations are now on- 1530 lution, H. Res. 418. b going, hopefully to bring about a reso- The question was taken; and the The SPEAKER pro tempore. Pursu- lution to this important problem. Speaker pro tempore announced that ant to the rule, the gentleman from In economic realms, Mr. Speaker, the the ayes appeared to have it. American Samoa (Mr. FALEOMAVAEGA) U.S. relationship with the Republic of Mr. FALEOMAVAEGA. Mr. Speaker, and the gentleman from Arkansas (Mr. Korea is one of our strongest in Asia. on that I demand the yeas and nays. BOOZMAN) each will control 20 minutes. The Republic of Korea was one of the The yeas and nays were ordered. The Chair recognizes the gentleman original East Asian Tigers and served The SPEAKER pro tempore. Pursu- from American Samoa. as a model for other countries in Asia with its booming economic growth in ant to clause 8 of rule XX, further pro- GENERAL LEAVE the seventies, eighties and nineties. ceedings on this question will be post- Mr. FALEOMAVAEGA. Mr. Speaker, South Korea now is the United States’ poned. I ask unanimous consent that all Mem- seventh largest trading partner in the f bers may have 5 legislative days to re- vise and extend their remarks and in- world. This resolution honors the close alli- RECOGNIZING THE STRONG ALLI- clude extraneous material on the reso- ance between the United States and ANCE BETWEEN THE REPUBLIC lution under consideration. OF KOREA AND THE UNITED The SPEAKER pro tempore. Is there the Republic of Korea and recognizes STATES objection to the request of the gen- South Korea’s important contributions to fighting not only terrorism around Mr. FALEOMAVAEGA. Mr. Speaker, tleman from American Samoa? the world, but also welcomes a I move to suspend the rules and agree There was no objection. strengthening and deepening of the re- to the resolution (H. Res. 295) recog- Mr. FALEOMAVAEGA. Mr. Speaker, lationship between our two countries nizing the strong alliance between the I yield myself such time as I may con- sume, and I rise in strong support of and our peoples. Republic of Korea and the United Mr. Speaker, when I was in Vietnam, the resolution. States and expressing appreciation to I remember vividly the presence of Mr. Speaker, let me first commend the Republic of Korea for its efforts in some 50,000 soldiers from South Korea our distinguished colleague and former the global war against terrorism, as who served alongside us, the U.S. member of the Foreign Affairs Com- amended. forces. I kind of like to say now you mittee, my good friend and colleague, The Clerk read the title of the resolu- know where your real friends are. tion. the gentleman from New York (Mr. I am reminded of a Chinese proverb: The text of the resolution is as fol- KING), for being the author of and in- there are many acquaintances, but lows: troducing this important resolution. very few friends. South Korea was one Mr. Speaker, the strong alliance be- H. RES. 295 of those few friends who was willing to tween the United States and the Re- Recognizing the strong alliance between put their action where their talk is; the Republic of Korea and the United States public of Korea has been a pivotal rela- and the fact that 50,000 soldiers were and expressing appreciation to the Republic tionship in world affairs since our in- there fighting along U.S. forces and in of Korea for its efforts in the global war volvement when we fought side by side that terrible conflict that we faced in against terrorism. in the Korean war over half a century Vietnam, I cannot help but express my Whereas for more than 50 years since the ago. Out of that conflict was born one personal commendation and apprecia- outbreak of the Korean War, a close relation- of the most significant dividing lines of ship has existed between the United States tion to the leaders and to the people of the Cold War, a demilitarized zone on South Korea when they were there and the Republic of Korea, which has been of the 38th parallel that splits the Korean enormous economic, cultural, and strategic with us when we needed help. advantage to both nations; Peninsula and marked the divide be- I visited South Korea several times Whereas President George W. Bush and tween Communist Asia and democratic and I consider them the most indus- President Roh Moo Hyun have demonstrated Asia. The partnership between our two trious people on this planet. There are their mutual willingness to forge a deeper al- countries held this line for decades. over 1 million Korean Americans living liance between the United States and the Re- Today we help maintain a stable peace in our country today, some among the public of Korea to enhance stability in East in Southeast Asia. most prominent in the areas of science Asia; In the post-Cold War period, the Re- and doctors. They have become law- Whereas the 29,000 United States armed public of Korea has remained a stead- services personnel who are stationed in the yers, engineers and are in all types of Republic of Korea serve as a testament to fast U.S. ally. It has contributed troops businesses. I have a very strong affec- the enduring strength of the 1953 U.S.–R.O.K. and pledged reconstruction funds for tion for the Korean people and those Mutual Defense Treaty; Iraq, and its forces are deployed in Af- fellow citizens who happen to be of Ko- Whereas the foundation of the relationship ghanistan. As a key member of the six- rean ancestry. between the United States and the Republic party talks to denuclearize North So I think this resolution is most fit- of Korea rests on a shared interest in and Korea, it shares an important responsi- ting. Again, I commend my good commitment to peace, democracy, and free- bility for broader security in Northeast friend, the gentleman from New York, dom on the Korean Peninsula, in Asia, and Asia. Today we are committed abso- throughout the world; for offering and proposing this resolu- Whereas the Republic of Korea and the lutely to compelling the dangerous tion. United States are both deeply committed to North Korea regime to eliminate its Mr. Speaker, I reserve the balance of the Six Party Talks and have a mutual in- nuclear program. my time. terest in keeping the Korean Peninsula free Overall, South Korea is a key partner Mr. BOOZMAN. Mr. Speaker, I yield of nuclear weapons; and an ally in the challenge of com- myself such time as I may consume.

VerDate Aug 31 2005 06:52 Jun 12, 2007 Jkt 059060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JN7.026 H11JNPT1 bajohnson on PRODPC60 with HOUSE June 11, 2007 CONGRESSIONAL RECORD — HOUSE H6199 Mr. Speaker, I rise today in strong I therefore urge immediate passage States and the Republic of Korea has been a support of this resolution, which recog- of this resolution which recognizes this pivotal relationship in world affairs since our nizes the enduring ties of an alliance strong and enduring alliance. forces fought side by side in Korean War over first forged over half a century ago in Mr. Speaker, I reserve the balance of a half century ago. Out of that conflict marked the crucible of the Korean War. It was my time. the divide between communist Asia and heartening to see the photographs from Mr. FALEOMAVAEGA. Mr. Speaker, democratic Asia. The partnership between us Seoul of the thousands of South Ko- I yield myself such time as I may con- and the Republic of Korea held the divide for rean citizens who gathered in a down- sume. decades, and together we helped maintain town plaza on June 6, Korea’s memo- Mr. Speaker, again I want to com- stable peace in East Asia. rial day, to express their support of the mend and thank my good friend for his In the post-Cold War world, the Republic of alliance. They waved South Korean eloquent statement and add that this is Korea has remained a steadfast U.S. ally. Its flags and the Stars and Stripes to- not a partisan piece of legislation. It is forces are deployed in Afghanistan and it has gether to show enthusiasm for the fully bipartisan. I certainly commend contributed troops and pledged reconstruction strong bonds that link our two coun- not only our distinguished chairman of funds for Iraq. As a key member of the Six tries. the Foreign Affairs Committee, Mr. Party Talks to denuclearize North Korea, it Later this month, June 25, marks the LANTOS, but also our senior ranking shares an important responsibility for broader 57th anniversary of the North Korean member, Ms. ROS-LEHTINEN, for their security in Northeast Asia. Together, we are invasion across the Demilitarized Zone. support of this proposed legislation. committed absolutely to compelling the dan- This surprise attack in the early hours It is ironic that we are dealing with gerous North Korean regime to eliminate its of a Sunday morning sought to snuff several pieces of legislation, earlier on nuclear program. the life out of an embryonic South Ko- being the Olympics, and now we are Overall, South Korea is a key partner an ally rean democracy. President Harry Tru- dealing with South Korea. in the challenge of combating terrorism world- man’s immediate unflinching decision I remember years ago when I at- wide. The combination of emerging terrorism to come to the aid of an embattled tended the Olympics in 1988 in Korea, I threats and the North Korean challenge make South Korea proved that the United ran into a gentleman who is a Korean this resolution particularly important today. States would not retreat from its ren- American by the name of Dr. Sammy In the economic realm, too, the U.S. rela- dezvous with destiny. Lee. I asked him why this Samoan tionship with the Republic of Korea is one of Together with our South Korean and American was so good in the art of div- our strongest in Asia. For example, the Re- other allies, we turned the tide of war ing, perhaps one of the greatest Olym- public of Korea was one of the original ‘‘East at Inchon and preserved the South Ko- pic divers ever in the history of the Asian Tigers,’’ and served as a model for rean state, which we honor as an ally Olympics, whose name is none other other Asian countries with a booming eco- today. than Greg Louganis. I asked Dr. nomic growth in the 1970s, 80s and 90s. Cur- South Korea’s commitment to the al- Sammy Lee, why is it that Greg rently, South Korea is now the United States’ liance is seen in many ways, as in the Louganis was such a great Olympic 7th largest trading partner in the world. 1,200 South Korean military personnel diver? He said, Eni, look at his legs. Mr. Speaker, I am extremely proud to stand deployed to Iraq, which makes South They are Samoan legs, and the reason as one of cosponsors of this legislation. This Korea’s contribution the third largest for this is that it gives him the ability resolution honors the close alliance between in the coalition contingent. There is to jump higher than any of his Olympic the United States and the Republic of Korea, also the $460 million which the Repub- competitors. And because he can jump and recognizes South Korea’s important con- lic of Korea has pledged toward post- higher than anybody, that is what tributions to fighting against terrorism around war Iraq reconstruction, and there are gives him the opportunity to accom- the world. It also welcomes the strengthening the close consultations we hold to- and deepening of the relationship between our plish more difficult flips than any of gether in the six-party process to re- two countries and our peoples. I thank all of the other divers. By the way, Dr. solve the North Korean nuclear issue. my colleagues who have already signed on to Sammy Lee was also the trainer for These are the actions of a true and this bill, and I urge those who have not to sup- Greg Louganis in the Olympics in 1988. loyal friend, for which we express our port this legislation. Another note of interest is that when gratitude in this resolution. Mr. KING of New York. Mr. Speaker, today I talked to Dr. Sammy Lee when he Let me also take this opportunity to I rise in support of H. Res. 295, a resolution second the words of the United States was training for the Olympics, he could recognizing the strong alliance between the forces Korea commander, General Bell, not even train together with his fellow Republic of Korea and the United States and that South Korea Sergeant Yoon Jang- white Americans while he was training expressing appreciation to the Republic of ho, who was South Korea’s first uni- for the Olympics. Can you believe that? Korea for its efforts in the Global War on Ter- formed casualty in the war on terror, So he had to invent what high diving ror. As the sponsor of this resolution, I join was a hero. Sergeant Yoon was killed boards were supposed to look like, with over 35 of my colleagues in urging the February 27 by a suicide bomber in whether it be going on cliffs or other House to pass this resolution today. Bagram, Afghanistan. high platforms to allow him to practice For almost six decades, the United States This young soldier, although born in his diving ability. And guess what? He and the Republic of Korea have maintained a Korea, had spent his high school and got the gold medal for the United strong alliance that rests on a shared commit- college years in Indiana, graduating States for the Olympics, a Korean ment to peace, democracy, and freedom not from Indiana University. He returned American, Dr. Sammy Lee. only on the Korean peninsula but throughout to South Korea to complete his mili- I just wanted to make that as a note Asia and the rest of the world. The nearly tary service and volunteered for service of interest for my colleagues and also 30,000 American soldiers who remain sta- in Afghanistan. His loss was deeply in view of the fact that we have talked tioned in the Republic of Korea are a testa- felt, both in his home nation of Korea about the Olympics and we have talked ment to this relationship. and his adopted hometown of Bloom- about South Korea. Since September 11, 2001 we have seen ington, Indiana. Again, Mr. Speaker, this resolution is this bond further strengthened as Korea has The shared mourning of the peoples very important to show our sense of joined with the United States and other coali- of two nations for this valiant soldier appreciation, especially to the good tion nations in supporting the Global War on is one more concrete indication of the leaders and the people of South Korea, Terror both militarily and financially. Korean ties that bind our two nations. An- how much we care about them, how im- President Roh truly understands this grave other, of course, is the talent and dyna- portant they are, how important they threat and the need for it to be confronted. mism of the 2-million-strong ethnic are to our strategic and our economic Presently, the Republic of Korea has the third Korean community in the United interests in that important region of largest coalition contingent of forces in Iraq. States. Los Angeles represents the the world. Korea also has troops deployed in Afghanistan largest concentrated urban center of Ms. JACKSON-LEE of Texas. Mr. Speaker, and has generously pledged $460,000,000 to- Korean culture outside of the Korean I rise today to express my strong support for ward reconstruction and stabilization efforts in Peninsula. For this enriching contribu- H.R. 295, and, in doing so, I would first like to post-war Iraq. tion to America’s melting pot, we are commend Mr. KING for introducing this resolu- The U.S. and Korea also both remain deep- extremely grateful. tion. The relationship between the United ly committed to the Six Party Talks and have

VerDate Aug 31 2005 06:52 Jun 12, 2007 Jkt 059060 PO 00000 Frm 00015 Fmt 7634 Sfmt 9920 E:\CR\FM\K11JN7.028 H11JNPT1 bajohnson on PRODPC60 with HOUSE H6200 CONGRESSIONAL RECORD — HOUSE June 11, 2007 a mutual interest in keeping the Korean Penin- War, the people of South Korea have built one A motion to reconsider was laid on sula free of nuclear weapons. of the world’s most modern and dynamic the table. Finally, the U.S. and Korea have been work- economies. f ing diligently on a free trade agreement be- We hope that the Iraqi and Afghani people RECOGNIZING JOHN PEHLE FOR tween our two countries that will deepen eco- can look to the South Korean model to de- HIS CONTRIBUTIONS IN HELPING nomic ties and boost trade and investment for velop into a peaceful and prosperous nation. RESCUE JEWS AND OTHER MI- both countries. I am pleased that these nego- We thank the Republic of Korea and the Ko- NORITIES FROM THE HOLOCAUST tiations concluded on April 1, 2007 and it is rean people for their sacrifice and their stand my hope that the agreement will soon be for freedom. Ms. WOOLSEY. Mr. Speaker, I move signed and Congress passes the required en- Ms. BORDALLO. Mr. Speaker, I rise today to suspend the rules and agree to the acting legislation. in strong support of H. Res. 295, a resolution resolution (H. Res. 226) to recognize Mr. Speaker, I urge the House to pass this that recognizes the strong alliance between John Pehle for his contributions to the resolution today. the Republic of Korea and the United States Nation in helping rescue Jews and Mr. TOM DAVIS of Virginia. Mr. Speaker, I and further expresses appreciation to the Re- other minorities from the Holocaust rise today in strong support of H. Res. 295. public of Korea for its efforts in the global war during World War II, as amended. This resolution recognizes the tremendous against terrorism. The dynamic and strong re- The Clerk read the title of the resolu- alliance that the United States shares with the lations that exist between the United States tion. Republic of Korea. Korea has been one of this and Republic of Korea serve as a model for The text of the resolution is as fol- country’s strongest allies, both in the inter- partnerships the United States must continue lows: national war on terror, as well as in expanding to seek to establish and cultivate with other H. RES. 226 free trade. Korea stands as a shining example countries within the Asia-Pacific region and Whereas some 6,000,000 Jews were slaugh- of democracy in action. throughout the world. tered pursuant to Adolf Hitler’s diabolical In the 11th Congressional District of Vir- The contributions made by the government plan for the total extermination of the Jews ginia, I represent a growing and vigorous Ko- of the Republic of Korea toward helping battle during the Third Reich, and even more would rean American population. Korean Americans terrorism are vital to providing for safety and have perished had it not been for the efforts security throughout the world. The efforts on of a number of United States Government of- thrive in areas such as business, medicine, ficials who spoke out forcefully against law, art and athletics. According to the U.S. the part of the Republic of Korea to help fight terrorists in Afghanistan and Iraq and help de- American policy and persuaded President Census Bureau, Korean Americans own and Franklin D. Roosevelt of the need for ex- operate over 130,000 businesses and employ velop democratic governance, strengthen civil traordinary measures to save Jewish lives; over 333,000 individuals. These are prime ex- society, and establish stronger economies in ‘‘Whereas on November 9, 1943—the 5th an- amples of their importance in the United those countries are of particular importance to niversary of Kristallnacht, when pogroms States and to the growth of our economy. It is the United States and our allies. These mis- against Jews and the burning of synagogues clear to me that the strong alliance between sions are challenging ones. Their eventual, and Jewish businesses and homes were car- ried out throughout Nazi Germany—iden- the United States and the Republic of Korea positive outcomes are less than certain at this point. The commitment to achieving success tical Congressional resolutions were intro- can be seen everyday in the neighborhoods duced in both houses of Congress calling for and workplaces right here in the Washington, in Operation Enduring Freedom and Operation Iraqi Freedom displayed by the Republic of the creation of a United States Government D.C. area. commission ‘‘to formulate and effectuate a The Republic of Korea’s strong belief in up- Korea is commendable and an important com- plan of immediate action designed to save holding individual rights and liberties serves as ponent of the Coalition force structure. the surviving Jewish people of Europe from Efforts on the part of South Korea to en- an example for the entire Korean peninsula, extinction at the hands of Nazi Germany’’; courage the government of North Korea to act as well as beyond. Korea’s 2,300 troops de- ‘‘Whereas the Senate version was intro- in a responsible manner with respect to its duced by Senator Guy Gillette of Iowa with ployed in Iraq and 200 troops deployed in Af- misguided pursuit of nuclear weapons and bal- the support of Elbert Thomas of Utah and ghanistan indicate not only Korea’s support of listic missile technology are also of paramount Edwin Johnson of Colorado and was unani- our efforts in ending terrorism abroad, but also importance at this time to the United States mously approved in the Senate Foreign Rela- illustrate Korea’s strong commitment to and our allies. I am encouraged by the strong tions Committee on December 20, 1943, and scheduled for a full Senate vote in early 1944; spreading democracy throughout the world. In- partnership that has been formed between the deed, Korea has been one of our most ardent Whereas the House version was introduced United States and South Korea and other by Representative Will Rogers, Jr., of Cali- and unfailing allies abroad. countries with respect to this issue. I encourage my colleagues to support this fornia and extensive hearings on the resolu- I welcome the opportunity to continue to tion were held by the House Foreign Affairs resolution. work with our South Korean allies toward en- Committee; Mr. GARRETT of New Jersey. Mr. Speaker, suring a more peaceful, stable, and pros- ‘‘Whereas United States Government agen- today we honor an ally who is standing with perous Asia-Pacific region and world. I am cies were receiving extensive credible infor- us in the Global War on Terrorism. An ally confident that the United States and South mation about the extent of Nazi atrocities who knows what it is like to fight for peace Korea will develop even stronger political, eco- against the Jews and other minorities in Eu- and freedom, South Korea. Just over 50 years rope, nevertheless, the policy of the United nomic, and security ties in the years ahead. I States as developed and implemented in the ago, Korea was the most violent spot on the urge my colleagues to support this resolution. planet as the North Korean government, Department of State opposed American gov- Mr. BOOZMAN. Mr. Speaker, I have ernment action to save the lives of Jewish backed by the Soviets and Chinese, swooped no further speakers, and I yield back and other minorities who were being system- in to destroy the fledgling democracy in the the balance of my time. atically exterminated by the Nazi German south. Mr. FALEOMAVAEGA. Mr. Speaker, government; I am a proud cosponsor of this resolution I yield back the balance of my time. ‘‘Whereas in 1943 and early 1944, an extraor- which recognizes the significant contributions The SPEAKER pro tempore. The dinary group of officials at the United States that the South Korean military has made in Af- question is on the motion offered by Department of Treasury sought to change ghanistan and in Iraq. Our South Korean allies the gentleman from American Samoa those policies and Secretary of the Treasury Henry Morgenthau directed the preparation maintain the third largest contingent of per- (Mr. FALEOMAVAEGA) that the House of a memorandum to the President of the sonnel in Iraq, where they are helping each suspend the rules and agree to the reso- United States urging more direct and force- day to rebuild that nation and spread the free- lution, H. Res. 295, as amended. ful American action to aid Jewish victims of dom they too earned with blood, sweat, and The question was taken; and (two- the Nazi atrocities, and this document, pre- grit. thirds being in the affirmative) the pared by Josiah DuBois, Jr., Assistant Gen- While as many as 3,600 personnel have at rules were suspended and the resolu- eral Counsel of the Treasury Department, some time served, currently 2,300 work in the tion, as amended, was agreed to. and John Pehle, a 33-year-old attorney in the country to provide medical services, build and The title was amended so as to read: Foreign Funds Control unit of the Treasury repair roads, power lines, schools, and other ‘‘A resolution recognizing the strong Department, was presented to President alliance between the Republic of Korea Franklin D. Roosevelt by Secretary Morgen- public works. thau, Randolph Paul and Pehle on January The Republic of Korea has contributed both and the United States and expressing 16, 1944; men and money to rebuilding Iraq because appreciation to the Republic of Korea Whereas President Roosevelt signed Execu- they know how difficult it is to rise from the for its contributions to international tive Order 9417 on January 22, 1944, affirming ashes of war. Since the end of the Korean efforts to combat terrorism.’’. that ‘‘it is the policy of this Government to

VerDate Aug 31 2005 06:52 Jun 12, 2007 Jkt 059060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JN7.014 H11JNPT1 bajohnson on PRODPC60 with HOUSE June 11, 2007 CONGRESSIONAL RECORD — HOUSE H6201 take all measures within its power to rescue extraneous material on the resolution Today, we rise to recognize their the victims of enemy oppression who are in under consideration. service to this country and to human- imminent danger of death and otherwise af- The SPEAKER pro tempore. Is there kind. We rise to remember the Jews ford such victims all possible relief and as- objection to the request of the gentle- and minorities who perished under a sistance consistent with the successful pros- ecution of the war’’ and creating the War woman from California? reign of terror. But it is with hope that Refugee Board, composed of the Secretaries There was no objection. we look to the future, a future of peace of State, Treasury and War, to carry out this Ms. WOOLSEY. Mr. Speaker, I yield and human dignity where ‘‘never policy; myself such time as I may consume. again’’ means never again. Whereas John Pehle was appointed the Mr. Speaker, I rise in strong support Mr. Speaker, I reserve the balance of Acting Executive Director and subsequently of this resolution. my time. Executive Director of the Board and Josiah Mr. Speaker, I thank Mr. LANTOS, Mr. BOOZMAN. Mr. Speaker, I yield DuBois, Jr. was appointed General Counsel chairman of the committee and my myself such time as I may consume. of the Board; Whereas on January 25, 1944, the Board Bay Area neighbor, for working so Mr. Speaker, H. Res. 226 recognizes issued a critically important diplomatic closely with me to bring this resolu- American government officials who cable to all United States diplomatic mis- tion to the floor today. As the only played a critical role in the creation of sions abroad ordering that ‘‘action be taken Holocaust survivor in the Congress, his the War Refugee Board in an effort to to forestall the plot of the Nazis to extermi- support of this resolution means very help rescue Jews and other persecuted nate the Jews and other persecuted minori- much to all of us, and particularly to minorities during the Holocaust. ties in Europe’’ and developed new programs me. In the early stage of World War II, to increase the flow of Jewish and other refu- H. Res. 226 is a resolution to recog- there was an extensive flow of informa- gees from Nazi persecution to neutral coun- tries in Europe, including Turkey, Portugal, nize American government officials tion about the extent of Jews and other Switzerland, Spain, and Sweden, from where who played a critical role in the cre- minorities being systematically mur- they were assisted to go to North America, ation and activity of the War Refugee dered by the Nazi regime. Palestine and North and South America; Board in an effort to help rescue Jews A heroic group of U.S. Government Whereas the Board assisted the Inter- and other persecuted minorities during officials from the Treasury Depart- national Red Cross to provide food parcels to the years of the Holocaust. ment, including Secretary of the Treas- ‘‘stateless’’ civilians in internment camps, to Because of their actions and because urer, Henry Morganthau, as well as Jo- support and protect some 3,000,000 Allied and seph DuBois and John Pehle, urged Axis prisoners of war, and to streamline Fed- of their bravery, an unknown number eral licensing procedures for the trans- of people were saved from the horrific President Franklin Roosevelt to take mission of funds to pay for Red Cross relief reign of Adolf Hitler and his followers. more direct and forceful action to help supplies and rescue operations, thus saving Specifically, we are commending the the victims of the Nazi atrocities. the lives of thousands of Jews and other in- actions of Secretary of Treasury Henry President Roosevelt later signed an ternees; Morgenthau, Josiah DuBois and John executive order creating the War Ref- Whereas in April 1944, John Pehle, on be- Pehle for their dedication and devotion ugee Board. Mr. John Pehle became the half of the War Refugee Board, urged all neu- to helping rescue Jews and other per- executive director of the board which tral nations to increase their diplomatic rep- helped to rescue Jews and other vic- resentation in Hungary to help prevent the secuted minorities during the Holo- accelerating deportation of Jews to Ausch- caust. tims of Nazi persecution and prevented witz-Birkenau and other Nazi extermination To many, World War II and the Holo- thousands of people from dying in ex- camps and to begin providing vital funding caust may seem long, long, long ago. termination camps. and other resources to assist in saving Hun- For others, however, this is a memory Furthermore, the board assisted the garian Jews from concentration and extermi- which will be imprinted in their soul International Red Cross to provide food nation camps; forever. Six million Jews were killed and shelter to over 3 million prisoners Whereas the War Refugee Board sought out under the brutal and evil reign of Adolf of war. Efforts by those who worked to Swedish citizen Raoul Wallenberg and, with establish the War Refugee Board, par- the support of the Swedish government and Hitler while many countries turned a its legation in Budapest, supported one of blind eye to their ethnic cleansing and ticularly of Secretary of Treasury the most extensive and successful rescue ef- genocide. Henry Morganthau, Joseph DuBois, and forts during the Holocaust; and During this dark time, some brave John Pehle, were instrumental in sav- Whereas subsequent academic studies have men and women stood up and de- ing thousands of lives during the Nazi credited the War Refugee Board with res- manded that every person, no matter extermination policy. cuing as many as 200,000 Jews from Nazi oc- their ethnic background, be treated H. Res. 226 recognizes and honors cupied countries through the efforts of these government officials for their ef- Wallenberg and others: Now, therefore, be it justly and humanely. The people serv- Resolved, That the House of Representa- ing the War Refugee Board sent a his- forts, and I urge support for this legis- tives— toric cable to the diplomatic missions lation. (1) honors the efforts and contributions of ordering that ‘‘action be taken to fore- Mr. Speaker, I yield back the balance those who worked for the establishment of stall the plot of the Nazis to extermi- of my time. the War Refugee Board and for a more active nate the Jews and other persecuted mi- Ms. WOOLSEY. Mr. Speaker, I yield United States policy to rescue Jews and norities in Europe.’’ such time as he may consume to the other victims of Nazi repression who were in gentleman from American Samoa (Mr. imminent danger of death and to provide 1545 b FALEOMAVAEGA), chairman of the For- these persecuted minorities with relief and They developed new programs to in- assistance during World War II; and eign Affairs Subcommittee on Asia, the (2) commends in particular the actions of crease the flow of Jewish and other ref- Pacific and the Global Environment. Secretary of Treasury Henry Morgenthau, ugees from Nazi persecution to neutral (Mr. FALEOMAVAEGA asked and Josiah DuBois, Jr., and John Pehle for their countries. was given permission to revise and ex- dedication and devotion to helping rescue After the horror of the concentration tend his remarks.) Jews and other persecuted minorities in the camps and extermination campaigns Mr. FALEOMAVAEGA. Mr. Speaker, Holocaust. were revealed, the world said ‘‘never I want to commend the gentlewoman The SPEAKER pro tempore. Pursu- again.’’ from California (Ms. WOOLSEY) not ant to the rule, the gentlewoman from And yet, Mr. Speaker, we look only as chief sponsor of this proposed California (Ms. WOOLSEY) and the gen- around the world to see hauntingly legislation, but also for her leadership tleman from Arkansas (Mr. BOOZMAN) similar events occurring, particularly and her compassion and commitment each will control 20 minutes. in places like Darfur. Mr. Speaker, if in the field of human rights for fellow The Chair recognizes the gentle- we truly wish to honor the memory of human beings all over the world. woman from California. the Holocaust victims, we must come I cannot help but stand here on the GENERAL LEAVE together to stand up in the face of big- floor and share with my colleagues Ms. WOOLSEY. Mr. Speaker, I ask otry and hatred all around the world some of the thoughts that came to my unanimous consent that all Members today. The action of the War Refugee mind when my colleague from Cali- may have 5 legislative days to revise Board is an amazing example of cour- fornia was explaining about the provi- and extend their remarks and include age, human kindness, and compassion. sions of this important legislation.

VerDate Aug 31 2005 03:58 Jun 12, 2007 Jkt 059060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JN7.023 H11JNPT1 bajohnson on PRODPC60 with HOUSE H6202 CONGRESSIONAL RECORD — HOUSE June 11, 2007 Usually I am not a person who gets Mr. Speaker, I yield back the balance (b) PROHIBITION ON SALE BY DEPARTMENT OF emotional watching movies, but re- of my time. DEFENSE.— cently I watched the movie ‘‘Freedom The SPEAKER pro tempore. The (1) IN GENERAL.—Notwithstanding any Riders.’’ I cannot help but recall the question is on the motion offered by other provision of law and except as provided the gentlewoman from California (Ms. in paragraph (2), the Department of Defense experience that these teenagers in may not sell (whether directly or indirectly) Long Beach went through, and how WOOLSEY) that the House suspend the any parts for F–14 fighter aircraft, whether creative this teacher was in trying to rules and agree to the resolution, H. through the Defense Reutilization and Mar- get kids who were from basically low- Res. 226, as amended. keting Service or through another agency or income areas and who had no idea or The question was taken; and (two- element of the Department. concept what it means to read. Some- thirds being in the affirmative) the (2) EXCEPTION.—Paragraph (1) shall not how the teacher was able to get these rules were suspended and the resolu- apply with respect to the sale of parts for F– high school students to read ‘‘The tion, as amended, was agreed to. 14 fighter aircraft to a museum or similar or- Diary of Anne Frank.’’ It got to the The title was amended so as to read: ganization located in the United States that is involved in the preservation of F–14 fight- point where the students became so in- ‘‘A resolution to recognize American government officials who played a crit- er aircraft for historical purposes. terested in what happened when they (c) PROHIBITION ON EXPORT LICENSE.—No li- read this book, ‘‘The Diary of Anne ical role in the creation and activity of cense for the export of parts for F–14 fighter Frank,’’ that they invited a Holocaust the War Refugee Board in an effort to aircraft to a non-United States person or en- survivor to speak to them in Los Ange- help rescue Jews and other persecuted tity may be issued by the United States Gov- les. She testified personally what it minorities during the Holocaust.’’. ernment. meant to be not only a prisoner but I A motion to reconsider was laid on The SPEAKER pro tempore. Pursu- would say a slave during the Nazi pe- the table. ant to the rule, the gentlewoman from riod and the terrible time that the f Arizona (Ms. GIFFORDS) and the gen- Jewish people went through during PROHIBITION ON SALE BY DE- tleman from Arkansas (Mr. BOOZMAN) that period of their history. PARTMENT OF DEFENSE OF each will control 20 minutes. The Chair recognizes the gentle- I thank Chairman LANTOS not only PARTS FOR F–14 FIGHTER AIR- woman from Arizona. for his leadership, but as a Holocaust CRAFT survivor himself, I cannot think of a GENERAL LEAVE better person who can share with our Ms. GIFFORDS. Mr. Speaker, I move Ms. GIFFORDS. Mr. Speaker, I ask colleagues what it means to be part of to suspend the rules and pass the bill unanimous consent that all Members that period and the pain and suffering (H.R. 1441) to prohibit the sale by the may have 5 legislative days to revise 6 million Jews went through during Department of Defense of parts for F–14 and extend their remarks and include that process. fighter aircraft, as amended. extraneous material on the bill under I recall a statement made by one of The Clerk read the title of the bill. consideration. The text of the bill is as follows: the great poet philosophers, Santa- The SPEAKER pro tempore. Is there yana, who said: ‘‘Those who don’t re- H.R. 1441 objection to the request of the gentle- member the past are condemned to re- Be it enacted by the Senate and House of Rep- woman from Arizona? resentatives of the United States of America in There was no objection. peat it.’’ Some say why should we Congress assembled, worry, this happened in the past. Why Ms. GIFFORDS. Mr. Speaker, I yield SECTION 1. PROHIBITION ON SALE BY DEPART- myself such time as I may consume. worry about it. I think we have to re- MENT OF DEFENSE OF PARTS FOR member so these things never happen F–14 FIGHTER AIRCRAFT. I rise today in strong support of H.R. again. (a) FINDINGS.—Congress makes the fol- 1441, a bill that will put an end to mili- Yes, I visit the Holocaust Museum lowing findings: tary surplus sales that may inadvert- and what do I say: Never again. Never (1) The Department of Defense is respon- ently be helping to sustain Iran’s Air again. That racism and bigotry and ha- sible for demilitarizing and auctioning off Force. sensitive surplus United States military First, I would like to thank Chair- tred should never be a part of the leg- equipment. acy of our great Nation. man LANTOS and Chairman SKELTON (2) F–14 ‘‘Tomcat’’ fighter aircraft have re- for their leadership on this issue. I ap- I commend my friend from California cently been retired, and their parts are being for bringing this resolution before the made available by auction in large quan- preciate the opportunity to discuss this Members for their consideration, and I tities. critical national security issue. urge my colleagues to support this bill. (3) Iran is the only country, besides the The background to this problem be- Mr. BOOZMAN. Mr. Speaker, I ask United States, flying F–14 fighter aircraft gins in the 1970s when our country sold unanimous consent to reclaim 30 sec- and is purchasing surplus parts for such air- F–14 Tomcats to Iran’s pro-Western onds of my time. craft from brokers. secular government. Iran was a close The SPEAKER pro tempore. Is there (4) The Government Accountability Office ally of the United States at the time objection to the request of the gen- has, as a result of undercover investigative and needed the capabilities of the F–14 work, declared the acquisition of the surplus tleman from Arkansas? in a dangerous part of the world. Times United States military equipment, including have changed, unfortunately. And Iran There was no objection. parts for F–14 fighter aircraft, to be disturb- Mr. BOOZMAN. Mr. Speaker, I am re- ingly effortless. has now called for the destruction of miss in not complimenting the gentle- (5) Upon the seizure of such sensitive sur- and is refining uranium in what woman from California for bringing plus military equipment being sold to Iran, many observers from the non-prolifera- this forward. It is very, very important United States customs agents have discov- tion community believe is an attempt that we do remember what people have ered these same items, having been resold by to develop the fuel necessary for an done and when good people have the Department of Defense, being brokered atomic weapon. stepped forward. illegally to Iran again. Iran is a state sponsor of terrorism We are sitting here and you always (6) Iran is pursuing a nuclear weapons ca- and is likely responsible for arming in- pability, and the Department of State has surgents in Iraq. Iran has ignored the want to do your best on the pronuncia- identified Iran as the most active state spon- tion of names, and it is sad we don’t sor of terrorism. calls of the international community know these names better than we do. I (7) Iran continues to provide funding, safe for greater transparency in its nuclear think you bringing forward this resolu- haven, training, and weapons to known ter- power research and development, and tion, again it just highlights the im- rorist groups, including Hizballah, HAMAS, the United Nations Security Council portance that we do remember what the Palestine Islamic Jihad, and the Popular recently imposed stricter economic has happened in the past and we keep Front for the Liberation of Palestine. sanctions on Iran as a result. it from happening in the future. (8) The sale of spare parts for F–14 fighter When the retired Mr. Speaker, I yield back the balance aircraft could make it more difficult to con- the F–14 fleet last September, that left front the nuclear weapons capability of Iran Iran as the only nation still flying of my time. and would strengthen the ground war capa- Ms. WOOLSEY. Mr. Speaker, I would bility of Iran. To prevent these threats to re- those aircraft. Iran has been trying to like to thank the gentleman from gional and global security, the sale of spare get around United States sanctions and American Samoa and the gentleman parts for F–14 fighter aircraft should be pro- export controls to secure the parts nec- from Arkansas for their kind words. hibited. essary to keep the F–14 flying. Recent

VerDate Aug 31 2005 03:58 Jun 12, 2007 Jkt 059060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.031 H11JNPT1 bajohnson on PRODPC60 with HOUSE June 11, 2007 CONGRESSIONAL RECORD — HOUSE H6203 undercover investigations and reports reserves the right to seek the appointment of its aging fleet of F–14 Tomcat jets, have made it clear that Iran may have conferees. which the United States sold to Iran been successful. I would appreciate the inclusion of this let- prior to its 1979 Islamic revolution. ter and a copy of the response in your Com- Following an undercover investiga- This bill will add another layer of pro- mittee’s report on H.R. 1441 and in the CON- tion, the GAO reported in 2006 that ac- GRESSIONAL RECORD during consideration of tection to the extensive array of export quiring surplus military hardware not the measure on the House floor. sanctions already imposed on Iran properly demilitarized is disturbingly Very truly yours, under the International Economic easy. IKE SKELTON Emergency Powers Act and related ex- In January of this year, the Associ- Chairman. ecutive orders. ated Press reported that front compa- The committee amendment recog- nies were able to secretly purchase JUNE 8, 2007. nizes these facts and adjusts the title military parts for resale in Iran. Iran is Hon. IKE SKELTON, of the bill to more accurately reflect Chairman, Committee on Armed Services, House the only nation still using the F–14. the purpose of the bill. of Representatives, Rayburn House Office Mr. Speaker, given the clear and There are no other legitimate buyers Building, Washington, DC. overseas. DEAR MR. CHAIRMAN: Thank you for your present danger Iran poses to the na- In order to address this issue, I letter regarding H.R. 1441, an Act to tional security interests of the United worked with my colleague from New Strengthen Controls on the Export of Sur- States and to the broader peace and Mexico, Mr. PEARCE. And after a joint plus F–14 Fighter Aircraft Parts. stability of the Middle East, this is an trip to Israel, we introduced H.R. 1441, I appreciate your willingness to work coop- appropriate and timely measure for our eratively on this legislation. I recognize that consideration today. which will prevent the United States the bill contains provisions that fall within I want to thank again Ms. GIFFORDS Government from selling approxi- the jurisdiction of the Committee on Armed and Mr. PEARCE, and I support the mately 10,000 parts that are unique Services. I acknowledge that your Com- only to the F–14 Tomcat. mittee will not seek a sequential referral of adoption of the resolution. This legislation will prohibit the the bill and agree that the inaction of your Mr. Speaker, I reserve the balance of military, as well as any other private Committee with respect to the bill does not my time. Ms. GIFFORDS. Mr. Speaker, I would company, from selling F–14-specific in any way serve as a jurisdictional prece- like to thank the gentleman from Ar- parts. It is also, Mr. Speaker, a com- dent as to our two committees. Further, as to any House-Senate con- kansas for his comments, and I indeed plete ban on all international sales of ference on the bill, I understand that your think that this is an important piece of parts specific to the F–14. Committee reserves the right to seek the ap- We cannot take the risk that compo- legislation that will further support pointment of conferees for consideration of our interests abroad and make sure nents unique to the F–14 could be re- portions of the bill that are within the Com- that parts like the F–14 Tomcat are not sold to Iran. The text of this bill was mittee’s jurisdiction, and I agree to support sold to the Iranians. included in the fiscal year 2008 defense a request by the Committee with respect to Mr. PEARCE. Mr. Speaker, we must utilize authorization bill, H.R. 1585, as section serving as conferees on the bill, consistent every resource available while fighting the 1049. with the Speaker’s practice in this regard. I will ensure that our exchange of letters is Global War on Terror. Currently, we are fight- The House Armed Services Com- included in any Committee report on the bill ing two major combat operations in Iraq and mittee approved the language in its and in the CONGRESSIONAL RECORD at the Afghanistan which are critical to implementing markup of that bill, and the House time of consideration by the whole House. I democracy and peace throughout the Middle Committee on Foreign Affairs has al- look forward to working with you on this East. In both these areas we have a common ready marked up the specific bill and important legislation. enemy that continues to increase its forces. has reported it favorably. Cordially, Recent reports have shown that Iran is sup- Mr. Speaker, we must take the re- TOM LANTOS, plying arms to both the terrorists in Iraq and sponsibility to ensure that our mili- Chairman. Mr. Speaker, I reserve the balance of the Taliban in Afghanistan. tary hardware never falls into the Every night on the news we see the price hands of nations hostile to the United my time. Mr. BOOZMAN. Mr. Speaker, I yield we pay in a two front war against a sinister States and can never be used against and studious enemy. It is difficult enough to our men and women in uniform and not myself such time as I may consume. I would like to thank Representative fight an insurgency inspired by hatred, let used against our allies. alone an enemy supported by a sovereign na- I urge my colleagues to support H.R. GIFFORDS for her leadership on this issue, as well as Chairman LANTOS for tion such as Iran. 1441. Reports of Iranian weapons and funds sur- I include for the RECORD an exchange sponsoring the committee amendment clarifying the intent and impact of this facing both in Iraq and Afghanistan are indica- of letters related to this bill between tors that Iran is willing to use other countries Chairman SKELTON of the Armed Serv- legislation. Earlier this year as a result of the to attack American interests without having to ices Committee and Chairman LANTOS Federal sting operation, Congress sacrifice their own sons and daughters. We of the Foreign Affairs Committee. are fighting a cowardly enemy which uses oth- JUNE 8, 2007. learned that Iran had illegally pur- chased parts for F–14 fighter planes ers to do its dirty work for them. This is state Hon. TOM LANTOS, sponsored terrorism and we must take steps Chairman, Committee on Foreign Affairs, Ray- from a U.S. military surplus store. Ac- burn House Office Building, Washington, cording to investigators, the incident to cut off the resources they use to fund our DC. was just one piece of a larger ring of il- enemies. In addition, under the guise of energy devel- DEAR MR. CHAIRMAN, On March 27, 2007, the legally sold military surplus parts that opment, Iran continues a program that puts Committee on Foreign Affairs ordered re- found their way to China and Iran. ported favorably H.R. 1441, ‘‘The Stop Arm- The report prompted the Pentagon’s them closer and closer to developing weapons ing Iran Act.’’ This legislation contains sub- grade plutonium. I have severe reservations ject matter within the jurisdiction of the Defense Logistics Agency to suspend sales of the F–14 components. allowing this program continue until Iranian House Committee on Armed Services, and President Ahmadinejad can unequivocally thus, was sequentially referred to the Com- b 1600 mittee on Armed Services by the Parliamen- prove that he does not have intentions of tarian for the House. Military surplus offices are supposed someday creating and using a nuclear war- Our Committee recognizes the importance to demilitarize parts, which would head against the United States, Israel, Europe of H.R. 1441 and the need for the legislation render them useless for military pur- or other Allies. to move expeditiously. Therefore, while we poses. This legislation is crucial in the Global War have a valid claim to jurisdiction over this They are also allowed to auction the on Terror because it is a tangible indicator to legislation, the Committee on Armed Serv- parts but only to buyers who promise Iran, and all other nations which harbor or ices will waive further consideration of H.R. to obey U.S. arms embargoes, export sponsor terrorist tactics in any form, that we 1441. I do so with the understanding that by waiving further consideration of the bill, the controls, and other laws. That was not will not allow the violence to escalate any fur- Committee does not waive any future juris- the case, however, with these par- ther. By preventing the sale of F–14s in whole dictional claims over similar measures. In ticular F–14 parts. or part to Iran we will be cutting off the supply the event of a conference with the Senate on As Members are aware, Tehran is in of arms that may someday be used to kill this bill, the Committee on Armed Services search of several key components for American soldiers.

VerDate Aug 31 2005 06:52 Jun 12, 2007 Jkt 059060 PO 00000 Frm 00019 Fmt 7634 Sfmt 9920 E:\CR\FM\K11JN7.033 H11JNPT1 bajohnson on PRODPC60 with HOUSE H6204 CONGRESSIONAL RECORD — HOUSE June 11, 2007 I congratulate my colleague and Congres- declares the House in recess until ap- Blunt Gillibrand McDermott Boehner Gillmor McGovern sional neighbor from Arizona for her hard work proximately 6:30 p.m. today. Bonner Gingrey McHenry and dedication to this issue. It is important for Accordingly (at 4 o’clock and 2 min- Bono Gohmert McHugh our safety as a country, as well as the world’s utes p.m.), the House stood in recess Boozman Gonzalez McIntyre freedom from terrorism, that we cut off the until approximately 6:30 p.m. Boren Goode McKeon Boswell Goodlatte McMorris supply of F–14 parts to Iran. I call to my f Boustany Granger Rodgers friends on both sides of the aisle for over- Boyd (FL) Graves McNerney whelming bipartisan support of this legislation. b 1830 Boyda (KS) Green, Al McNulty Ms. GIFFORDS. Mr. Speaker, I have Brady (PA) Green, Gene Meehan AFTER RECESS Brady (TX) Grijalva Meek (FL) no further requests for time, and I Braley (IA) Hall (NY) Meeks (NY) yield back the balance of my time. The recess having expired, the House Brown (SC) Hall (TX) Melancon Mr. BOOZMAN. Mr. Speaker, I yield was called to order by the Speaker pro Brown-Waite, Hare Mica back the balance of my time. Ginny Hastert Michaud tempore (Mrs. JONES of Ohio) at 6 Buchanan Hastings (FL) Miller (FL) The SPEAKER pro tempore. The o’clock and 30 minutes p.m. Burgess Hastings (WA) Miller (MI) question is on the motion offered by Burton (IN) Hayes Miller (NC) the gentlewoman from Arizona (Ms. f Butterfield Heller Miller, Gary Buyer Hensarling Miller, George IFFORDS G ) that the House suspend the REPORT ON RESOLUTION PRO- Calvert Herger Mitchell rules and pass the bill, H.R. 1441, as VIDING FOR CONSIDERATION OF Camp (MI) Herseth Sandlin Mollohan amended. H.R. 2638, DEPARTMENT OF Cannon Higgins Moore (KS) The question was taken; and (two- Cantor Hill Moore (WI) HOMELAND SECURITY APPRO- Capito Hinchey Moran (KS) thirds being in the affirmative) the PRIATIONS ACT, 2008 Capps Hirono Moran (VA) rules were suspended and the bill, as Capuano Hobson Murphy (CT) amended, was passed. Mr. HASTINGS of Florida, from the Cardoza Hodes Murphy, Patrick The title was amended so as to read: Committee on Rules, submitted a priv- Carnahan Hoekstra Murphy, Tim ileged report (Rept. No. 110–184) on the Carney Holden Murtha ‘‘A bill to strengthen controls on the Carter Holt Musgrave export of surplus parts for F–14 fighter resolution (H. Res. 473) providing for Castle Honda Myrick aircraft.’’ consideration of the bill (H.R. 2638) Castor Hoyer Nadler A motion to reconsider was laid on making appropriations for the Depart- Chabot Hulshof Napolitano ment of Homeland Security for the fis- Chandler Inglis (SC) Neal (MA) the table. Clarke Inslee Neugebauer f cal year ending September 30, 2008, and Clay Issa Nunes for other purposes, which was referred Cleaver Jackson (IL) Oberstar COMMUNICATION FROM CHIEF OF to the House Calendar and ordered to Clyburn Jackson-Lee Obey STAFF OF HON. JO ANN DAVIS, be printed. Coble (TX) Olver MEMBER OF CONGRESS Cohen Jefferson Ortiz f Cole (OK) Jindal Pallone The SPEAKER pro tempore laid be- Conaway Johnson (GA) Pastor fore the House the following commu- ANNOUNCEMENT BY THE SPEAKER Conyers Johnson, Sam Paul Cooper Jones (NC) Payne nication from Chris Connelly, Chief of PRO TEMPORE Costello Jones (OH) Pearce Staff, Office of the Honorable JO ANN The SPEAKER pro tempore. Pursu- Courtney Jordan Pence DAVIS, Member of Congress: Cramer Kanjorski Perlmutter ant to clause 8 of rule XX, proceedings Crenshaw Kaptur Peterson (MN) JUNE 7, 2007. will resume on motions to suspend the Cuellar Keller Peterson (PA) Hon. NANCY PELOSI, rules previously postponed. Cummings Kennedy Petri Speaker, House of Representatives, Davis (AL) Kildee Pickering Washington, DC. Votes will be taken in the following Davis (CA) Kilpatrick Pitts DEAR MADAM SPEAKER: This is to notify order: Davis (KY) Kind Platts you formally, pursuant to Rule VIII of the H.R. 2356, by the yeas and nays; Davis, David King (IA) Poe Rules of the House of Representatives, that I S. 676, by the yeas and nays; Davis, Tom Kingston Pomeroy Deal (GA) Kirk Porter have been served with a subpoena, issued by H. Res. 418, by the yeas and nays. the Circuit Court of the City of Richmond, DeFazio Klein (FL) Price (GA) The first electronic vote will be con- DeGette Kline (MN) Price (NC) Virginia, for documents in a civil case. ducted as a 15-minute vote. Remaining Delahunt Knollenberg Pryce (OH) After consultation with the Office of Gen- DeLauro Kuhl (NY) Putnam eral Counsel, I have determined that compli- electronic votes will be conducted as 5- Dent LaHood Rahall ance with the subpoena is consistent with minute votes. Diaz-Balart, L. Lamborn Ramstad the precedents and privileges of the House. Diaz-Balart, M. Lampson Rangel f Sincerely, Dicks Langevin Regula Dingell Lantos Rehberg CHRIS CONNELLY, ENCOURAGING DISPLAY OF THE Chief of Staff. Doggett Larsen (WA) Reichert FLAG ON FATHER’S DAY Donnelly Latham Renzi f Drake LaTourette Reyes The SPEAKER pro tempore. The un- Dreier Lee Reynolds COMMUNICATION FROM THE finished business is the vote on the mo- Duncan Levin Rodriguez CLERK OF THE HOUSE tion to suspend the rules and pass the Ehlers Lewis (CA) Rogers (AL) Ellison Lewis (GA) Rogers (KY) The SPEAKER pro tempore laid be- bill, H.R. 2356, on which the yeas and Ellsworth Lewis (KY) Rogers (MI) fore the House the following commu- nays were ordered. Emanuel Linder Rohrabacher nication from the Clerk of the House of The Clerk read the title of the bill. Emerson Lipinski Ros-Lehtinen The SPEAKER pro tempore. The Engel LoBiondo Roskam Representatives: English (PA) Loebsack Ross JUNE 6, 2007. question is on the motion offered by Eshoo Lofgren, Zoe Rothman Hon. NANCY PELOSI, the gentlewoman from Wisconsin (Ms. Etheridge Lowey Roybal-Allard Speaker, House of Representatives, BALDWIN) that the House suspend the Fallin Lucas Royce Washington, DC. Farr Lungren, Daniel Ruppersberger rules and pass the bill, H.R. 2356. Fattah E. Ryan (OH) DEAR MADAM SPEAKER: Pursuant to 44 The vote was taken by electronic de- Ferguson Lynch Ryan (WI) U.S.C. 2702, I hereby appoint as a member of vice, and there were—yeas 386, nays 0, Filner Mack Salazar the Advisory Committee on the Records of not voting 46, as follows: Flake Mahoney (FL) Sali Congress the following person: Mr. Bernard Forbes Maloney (NY) Sa´ nchez, Linda Forrester, Houston, Texas. [Roll No. 448] Fortenberry Manzullo T. With best wishes, I am YEAS—386 Fossella Markey Sanchez, Loretta Sincerely, Foxx Marshall Sarbanes Abercrombie Bachus Berkley Frank (MA) Matheson Saxton LORRAINE C. MILLER, Ackerman Baird Berman Clerk. Franks (AZ) Matsui Schakowsky Aderholt Baker Berry Frelinghuysen McCarthy (CA) Schiff f Alexander Baldwin Biggert Gallegly McCarthy (NY) Schmidt Altmire Barrett (SC) Bilbray Garrett (NJ) McCaul (TX) Schwartz RECESS Andrews Barrow Bilirakis Gerlach McCollum (MN) Scott (GA) Arcuri Bartlett (MD) Bishop (NY) The SPEAKER pro tempore. Pursu- Giffords McCotter Scott (VA) Baca Bean Blackburn Gilchrest McCrery Sensenbrenner ant to clause 12(a) of rule I, the Chair Bachmann Becerra Blumenauer

VerDate Aug 31 2005 06:52 Jun 12, 2007 Jkt 059060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JN7.021 H11JNPT1 bajohnson on PRODPC60 with HOUSE June 11, 2007 CONGRESSIONAL RECORD — HOUSE H6205 Serrano Tancredo Wasserman Bachus Etheridge Lowey Royce Slaughter Visclosky Sestak Tanner Schultz Baird Fallin Lucas Ruppersberger Smith (NE) Walberg Shays Tauscher Waters Baker Farr Lungren, Daniel Ryan (OH) Smith (NJ) Walden (OR) Shea-Porter Taylor Watson Baldwin Fattah E. Ryan (WI) Smith (TX) Walsh (NY) Sherman Terry Watt Barrett (SC) Ferguson Lynch Salazar Snyder Walz (MN) Shimkus Thompson (CA) Waxman Barrow Filner Mack Sali Solis Wasserman ´ Shuler Thompson (MS) Weiner Bartlett (MD) Flake Mahoney (FL) Sanchez, Linda Souder Schultz Shuster Thornberry Welch (VT) Bean Forbes Maloney (NY) T. Spratt Waters Simpson Weldon (FL) Sanchez, Loretta Stearns Tiahrt Becerra Fortenberry Manzullo Watson Sires Weller Sarbanes Stupak Tiberi Berkley Fossella Markey Watt Skelton Westmoreland Saxton Sullivan Tierney Berman Foxx Marshall Waxman Slaughter Whitfield Matheson Schakowsky Sutton Towns Berry Frank (MA) Weiner Smith (NE) Wicker Biggert Franks (AZ) Matsui Schiff Tancredo Turner Welch (VT) Smith (NJ) Wilson (NM) Bilbray Frelinghuysen McCarthy (CA) Schmidt Tanner Udall (NM) Weldon (FL) Smith (TX) Wilson (OH) Bilirakis Gallegly McCarthy (NY) Schwartz Tauscher Upton Weller Snyder Wilson (SC) Bishop (NY) Garrett (NJ) McCaul (TX) Scott (GA) Taylor Van Hollen Westmoreland Solis Wolf Blackburn Gerlach McCollum (MN) Scott (VA) Terry Vela´ zquez Whitfield Souder Woolsey Blumenauer Giffords McCotter Sensenbrenner Thompson (CA) Wicker Spratt Visclosky Wu Blunt Gilchrest McCrery Serrano Thompson (MS) Wilson (NM) Stearns Walberg Wynn Boehner Gillibrand McDermott Sestak Thornberry Wilson (OH) Stupak Walden (OR) Yarmuth Bonner Gillmor McGovern Shays Tiahrt Wilson (SC) Sullivan Walsh (NY) Young (AK) Bono Gingrey McHenry Shea-Porter Tiberi Wolf Sutton Walz (MN) Young (FL) Boozman Gohmert McHugh Sherman Tierney Woolsey Boren Gonzalez McIntyre Shimkus Towns NOT VOTING—46 Wu Boswell Goode McKeon Shuler Turner Wynn Akin Doolittle Kucinich Boustany Goodlatte McMorris Shuster Udall (NM) Allen Doyle Larson (CT) Boyd (FL) Granger Rodgers Simpson Upton Yarmuth Barton (TX) Edwards Marchant Boyda (KS) Graves McNerney Sires Van Hollen Young (AK) ´ Bishop (GA) Everett Pascrell Brady (PA) Green, Al McNulty Skelton Velazquez Young (FL) Bishop (UT) Feeney Radanovich Brady (TX) Green, Gene Meehan NAYS—1 Boucher Gordon Rush Braley (IA) Grijalva Meek (FL) Brown, Corrine Gutierrez Sessions Brown (SC) Hall (NY) Meeks (NY) Kucinich Campbell (CA) Harman Shadegg Brown-Waite, Hall (TX) Melancon Carson Hinojosa NOT VOTING—45 Smith (WA) Ginny Hare Mica Costa Hooley Space Buchanan Hastert Michaud Akin Doolittle King (NY) Crowley Hunter Allen Doyle Stark Burgess Hastings (FL) Miller (FL) Larson (CT) Cubin Israel Barton (TX) Edwards Marchant Udall (CO) Burton (IN) Hastings (WA) Miller (MI) Culberson Johnson (IL) Bishop (GA) Everett Murtha Wamp Butterfield Hayes Miller (NC) Davis (IL) Johnson, E. B. Bishop (UT) Feeney Pascrell Wexler Buyer Heller Miller, Gary Davis, Jo Ann Kagen Calvert Hensarling Miller, George Boucher Gordon Radanovich Davis, Lincoln King (NY) Camp (MI) Herger Mitchell Brown, Corrine Gutierrez Rush Campbell (CA) Harman Sessions ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Cannon Herseth Sandlin Mollohan Cantor Higgins Moore (KS) Costa Hinojosa Shadegg The SPEAKER pro tempore (during Capito Hill Moore (WI) Crowley Hooley Smith (WA) the vote). Members are advised there Capps Hinchey Moran (KS) Cubin Hunter Space are 2 minutes remaining on this vote. Capuano Hirono Moran (VA) Culberson Israel Stark Cardoza Hobson Murphy (CT) Davis (IL) Johnson (IL) Udall (CO) b 1856 Carnahan Hodes Murphy, Patrick Davis, Jo Ann Johnson, E. B. Wamp Carney Hoekstra Murphy, Tim Davis, Lincoln Kagen Wexler Ms. WASSERMAN SCHULTZ Carson Holden Musgrave changed her vote from ‘‘nay’’ to ‘‘yea.’’ Carter Holt Myrick b 1905 So (two-thirds being in the affirma- Castle Honda Nadler So (two-thirds being in the affirma- Castor Hoyer Napolitano tive) the rules were suspended and the Chabot Hulshof Neal (MA) tive) the rules were suspended and the bill was passed. Chandler Inglis (SC) Neugebauer Senate bill was passed. The result of the vote was announced Clarke Inslee Nunes The result of the vote was announced Clay Issa Oberstar as above recorded. Cleaver Jackson (IL) Obey as above recorded. A motion to reconsider was laid on Clyburn Jackson-Lee Olver A motion to reconsider was laid on the table. Coble (TX) Ortiz the table. Cohen Jefferson Pallone f Cole (OK) Jindal Pastor f Conaway Johnson (GA) Paul PROVIDING THAT EXECUTIVE DI- Conyers Johnson, Sam Payne RECOGNIZING AND WELCOMING RECTOR OF INTER-AMERICAN Cooper Jones (NC) Pearce THE DELEGATION OF PRESI- Costello Jones (OH) Pence DEVELOPMENT BANK MAY Courtney Jordan Perlmutter DENTS, PRIME MINISTERS, AND SERVE ON BOARD OF DIRECTORS Cramer Kanjorski Peterson (MN) FOREIGN MINISTERS FROM THE OF INTER-AMERICAN FOUNDA- Crenshaw Kaptur Peterson (PA) CARIBBEAN TO WASHINGTON, TION Cuellar Keller Petri D.C. Cummings Kennedy Pickering The SPEAKER pro tempore. The un- Davis (AL) Kildee Pitts The SPEAKER pro tempore. The finished business is the vote on the mo- Davis (CA) Kilpatrick Platts pending business is the vote on the mo- Davis (KY) Kind Poe tion to suspend the rules and pass the Davis, David King (IA) Pomeroy tion to suspend the rules and agree to Senate bill, S. 676, on which the yeas Davis, Tom Kingston Porter the resolution, H. Res. 418, on which and nays were ordered. Deal (GA) Kirk Price (GA) the yeas and nays were ordered. DeFazio Klein (FL) Price (NC) The Clerk read the title of the Senate DeGette Kline (MN) Pryce (OH) The Clerk read the title of the resolu- bill. Delahunt Knollenberg Putnam tion. The SPEAKER pro tempore. The DeLauro Kuhl (NY) Rahall The SPEAKER pro tempore. The question is on the motion offered by Dent LaHood Ramstad question is on the motion offered by Diaz-Balart, L. Lamborn Rangel the gentleman from American Samoa Diaz-Balart, M. Lampson Regula the gentleman from American Samoa (Mr. FALEOMAVAEGA) that the House Dicks Langevin Rehberg (Mr. FALEOMAVAEGA) that the House suspend the rules and pass the Senate Dingell Lantos Reichert suspend the rules and agree to the reso- Doggett Larsen (WA) Renzi bill, S. 676. Donnelly Latham Reyes lution, H. Res. 418. This will be a 5-minute vote. Drake LaTourette Reynolds This will be a 5-minute vote. The vote was taken by electronic de- Dreier Lee Rodriguez The vote was taken by electronic de- vice, and there were—yeas 386, nays 1, Duncan Levin Rogers (AL) vice, and there were—yeas 386, nays 0, Ehlers Lewis (CA) Rogers (KY) not voting 45, as follows: Ellison Lewis (GA) Rogers (MI) not voting 46, as follows: [Roll No. 449] Ellsworth Lewis (KY) Rohrabacher [Roll No. 450] Emanuel Linder Ros-Lehtinen YEAS—386 Emerson Lipinski Roskam YEAS—386 Abercrombie Alexander Arcuri Engel LoBiondo Ross Abercrombie Alexander Arcuri Ackerman Altmire Baca English (PA) Loebsack Rothman Ackerman Altmire Baca Aderholt Andrews Bachmann Eshoo Lofgren, Zoe Roybal-Allard Aderholt Andrews Bachmann

VerDate Aug 31 2005 03:58 Jun 12, 2007 Jkt 059060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JN7.012 H11JNPT1 bajohnson on PRODPC60 with HOUSE H6206 CONGRESSIONAL RECORD — HOUSE June 11, 2007 Bachus Eshoo Lofgren, Zoe Ruppersberger Smith (NE) Visclosky REPORT ON H.R. 2642, MILITARY Baird Etheridge Lowey Ryan (OH) Smith (NJ) Walberg CONSTRUCTION AND VETERANS Baker Fallin Lucas Ryan (WI) Smith (TX) Walden (OR) Baldwin Farr Lungren, Daniel Salazar Snyder Walsh (NY) AFFAIRS APPROPRIATIONS BILL, Barrett (SC) Fattah E. Sali Solis Walz (MN) 2008 Barrow Ferguson Lynch Sa´ nchez, Linda Souder Wasserman Bartlett (MD) Filner Mack T. Space Schultz Mr. VISCLOSKY, from the Com- Bean Flake Mahoney (FL) Sanchez, Loretta Spratt Waters mittee on Appropriations, submitted a Becerra Forbes Maloney (NY) Sarbanes Stearns Watson privileged report (Rept. No. 110–186) on Saxton Stupak Berkley Fortenberry Markey Watt the bill (H.R. 2642) making appropria- Berman Fossella Marshall Schakowsky Sullivan Waxman Schiff Sutton Berry Foxx Matheson Weiner tions for military construction, the De- Schmidt Tancredo Biggert Frank (MA) Matsui Welch (VT) partment of Veterans Affairs, and re- Schwartz Tanner Bilbray Franks (AZ) McCarthy (CA) Weldon (FL) Scott (GA) Tauscher lated agencies for the fiscal year end- Bilirakis Frelinghuysen McCarthy (NY) Weller Scott (VA) Taylor ing September 30, 2008, and for other Bishop (NY) Gallegly McCaul (TX) Westmoreland McCollum (MN) Sensenbrenner Terry purposes, which was referred to the Blackburn Garrett (NJ) Whitfield Blumenauer Gerlach McCotter Serrano Thompson (CA) Wicker Union Calendar and ordered to be Blunt Giffords McCrery Sestak Thompson (MS) Wilson (NM) printed. Boehner Gilchrest McDermott Shays Thornberry Wilson (OH) Bonner Gillibrand McGovern Shea-Porter Tiahrt The SPEAKER pro tempore. Pursu- Wilson (SC) Bono Gillmor McHenry Sherman Tiberi ant to clause 1, rule XXI, all points of Wolf Boozman Gingrey McHugh Shimkus Tierney Woolsey order are reserved on the bill. Boren Gohmert McIntyre Shuler Towns Wu Boswell Gonzalez McKeon Shuster Turner f Simpson Udall (NM) Wynn Boucher Goode McMorris 1915 Boustany Goodlatte Rodgers Sires Upton Yarmuth b Boyd (FL) Granger McNerney Skelton Van Hollen Young (AK) ´ PASSPORT PROCESSING BACKLOG Boyda (KS) Graves McNulty Slaughter Velazquez Young (FL) Brady (PA) Green, Al Meehan NOT VOTING—46 (Mr. GENE GREEN of Texas asked Brady (TX) Green, Gene Meek (FL) Akin Edwards Manzullo and was given permission to address Braley (IA) Grijalva Meeks (NY) the House for 1 minute and to revise Brown (SC) Hall (NY) Melancon Allen Everett Marchant Brown-Waite, Hall (TX) Mica Barton (TX) Feeney Murtha and extend his remarks.) Ginny Hare Michaud Bishop (GA) Gordon Pascrell Mr. GENE GREEN of Texas. Madam Bishop (UT) Gutierrez Buchanan Hastert Miller (FL) Radanovich Speaker, I rise to raise awareness of an Burgess Hastings (FL) Miller (MI) Brown, Corrine Harman Rangel Burton (IN) Hastings (WA) Miller (NC) Campbell (CA) Hinojosa Rush issue in our Texas offices and I think Butterfield Hayes Miller, Gary Costa Hooley Sessions around the country: The significant ap- Crowley Hunter Buyer Heller Miller, George Shadegg Cubin Israel plication backlog in the Houston pass- Calvert Hensarling Mitchell Smith (WA) Culberson Johnson (IL) port office. Camp (MI) Herger Mollohan Stark Davis (IL) Johnson, E. B. Cannon Herseth Sandlin Moore (KS) Last Friday morning, a number of Davis, Jo Ann Kagen Udall (CO) Cantor Higgins Moore (WI) Members of Congress from Texas and I Davis, Lincoln King (NY) Wamp Capito Hill Moran (KS) Doolittle Larson (CT) Wexler went to that office. I call on the Capps Hinchey Moran (VA) Doyle Linder adminstration and the State Depart- Capuano Hirono Murphy (CT) ment to take the necessary steps to al- Cardoza Hobson Murphy, Patrick ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Carnahan Hodes Murphy, Tim leviate the backlog. The SPEAKER pro tempore (during Carney Hoekstra Musgrave I know in the Houston office, Jac- the vote). Members are advised 2 min- Carson Holden Myrick queline Harley-Bell, the regional direc- Carter Holt Nadler utes remain in this vote. Castle Honda Napolitano tor of the Houston Passport Agency, Castor Hoyer Neal (MA) b 1912 and the staff have been working long Chabot Hulshof Neugebauer days and weekends, and I commend Chandler Inglis (SC) Nunes So (two-thirds being in the affirma- Clarke Inslee Oberstar tive) the rules were suspended and the them for their efforts to serve the pub- Clay Issa Obey resolution was agreed to. lic because they are understaffed and Cleaver Jackson (IL) Olver The result of the vote was announced overwhelmed by the number of applica- Clyburn Jackson-Lee Ortiz tions they are getting. Coble (TX) Pallone as above recorded. Cohen Jefferson Pastor A motion to reconsider was laid on The Houston office has already issued Cole (OK) Jindal Paul nearly 11 million passports in the first Conaway Johnson (GA) Payne the table. 51⁄2 months of 2007. That is 3 million Conyers Johnson, Sam Pearce f Cooper Jones (NC) Pence more than the 7.9 million that were Costello Jones (OH) Perlmutter PERSONAL EXPLANATION issued in all of 2006. Courtney Jordan Peterson (MN) The administration needs to provide Cramer Kanjorski Peterson (PA) Mr. GUTIERREZ. Madam Speaker, I was the resources necessary now for addi- Crenshaw Kaptur Petri absent from this chamber today, due to a Cuellar Keller Pickering tional workers or funding, to clear the Cummings Kennedy Pitts health matter in my family. Had I been backlog due to the new requirement Davis (AL) Kildee Platts present, I would have voted ‘‘yea’’ on rollcall that folks traveling in North America Davis (CA) Kilpatrick Poe votes 448, 449 and 450. Davis (KY) Kind Pomeroy by plane need to have a passport. Davis, David King (IA) Porter f On Thursday the administration Davis, Tom Kingston Price (GA) changed the requirement, or delayed it, Deal (GA) Kirk Price (NC) REPORT ON H.R. 2641, ENERGY AND DeFazio Klein (FL) Pryce (OH) that individuals flying into Canada, WATER DEVELOPMENT APPRO- Mexico, the Caribbean and Bermuda DeGette Kline (MN) Putnam PRIATIONS BILL, 2008 Delahunt Knollenberg Rahall must only present a State Department DeLauro Kucinich Ramstad Mr. VISCLOSKY, from the Com- receipt they have applied for a passport Dent Kuhl (NY) Regula Diaz-Balart, L. LaHood Rehberg mittee on Appropriations, submitted a through the end of September. But this Diaz-Balart, M. Lamborn Reichert privileged report (Rept. No. 110–185) on is much later than it should be. People Dicks Lampson Renzi the bill (H.R. 2641) making appropria- are standing in line from 2 in the morn- Dingell Langevin Reyes tions for energy and water develop- Doggett Lantos Reynolds ing. People wait in line to get rock Donnelly Larsen (WA) Rodriguez ment and related agencies for the fiscal concert tickets, not a passport. I hope Drake Latham Rogers (AL) year ending September 30, 2008, and for the State Department and administra- Dreier LaTourette Rogers (KY) other purposes, which was referred to tion will immediately address this Duncan Lee Rogers (MI) Ehlers Levin Rohrabacher the Union Calendar and ordered to be problem. Ellison Lewis (CA) Ros-Lehtinen printed. f Ellsworth Lewis (GA) Roskam The SPEAKER pro tempore (Ms. SUT- Emanuel Lewis (KY) Ross TON). Pursuant to clause 1, rule XXI, HONORING JOHN BACH Emerson Lipinski Rothman Engel LoBiondo Roybal-Allard all points of order are reserved on the (Mr. DAVIS of Kentucky asked and English (PA) Loebsack Royce bill. was given permission to address the

VerDate Aug 31 2005 05:05 Jun 12, 2007 Jkt 059060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JN7.028 H11JNPT1 bajohnson on PRODPC60 with HOUSE June 11, 2007 CONGRESSIONAL RECORD — HOUSE H6207 House for 1 minute and to revise and ecutors and immigration judges to up- Sunnis. I would say if the has extend his remarks.) hold our laws. Let’s fix this problem come to this, it is time to bring our Mr. DAVIS of Kentucky. Madam now before it gets much worse. soldiers home. This is not the way to Speaker, I rise this evening to honor f run a war. John Bach, a pillar of our law enforce- f ment community, and a recent retiree NOE ALEMAN—BORDER AGENT from the Kenton County Sheriff’s De- (Mr. POE asked and was given per- HONORING SOUTHCO AS ROLE partment. mission to address the House for 1 MODEL Mr. Bach’s career is one that em- minute.) (Mr. KUHL of New York asked and bodies dedication and service to this Mr. POE. Madam Speaker, Noe was given permission to address the country. From 1966 to 1970, he served Aleman is a 12-year veteran of the U.S. House for 1 minute and to revise and with the 777th Tactical Air Squadron Border Patrol in the El Paso sector. He extend his remarks.) based out of Pope Air Force Base, and his wife, Isbell, who have no chil- Mr. KUHL of New York. Madam North Carolina, and was also part of dren of their own, plan to adopt his Speaker, I rise today to recognize the the 556th Reconnaissance Squadron in wife’s three fatherless nieces from special environmental achievements of southeast Asia. Mexico. a vibrant small business located in my After completing his military serv- They hired a U.S. immigration law- district. ice, John pursued a degree in business yer and paid him $40,000 to help with Southco, a manufacturer of access that he completed at Northern Ken- the process. The girls were given tem- hardware, has reduced the amount of tucky University. John was quick to porary visas, but when they expired hazardous waste it generates from answer the call to service in our com- after 6 months, Agent Aleman went to more than 3,200 pounds in 2002 to zero munity. Throughout his career in law the immigration service to find out just 3 years later in 2005. Through sys- enforcement, he protected our commu- why. tematic changes in their manufac- nities in the line of duty at the Aleman was arrested for harboring turing process, they have completely Elsmere Police Department, the Boone illegals and making false reports on ceased producing hazardous waste. County Police Department, the Inde- the application. Apparently the lawyer Moreover, Southco has committed to pendence Police Department and the listed the girls as adults instead of mi- reducing its consumption of electricity Kenton County Sheriff’s Department. nors. In any event, Aleman was pros- by 15 percent over the next 3 years. I would like to thank John for his ecuted and convicted. The girls were Clearly Southco is a role model for our brave service to our Nation and for arrested and deported back to Mexico Nation’s businesses when it comes to helping to make the communities of and live in an orphanage where they preserving our precious resources. northern Kentucky safer for all of our have been for 2 years. There is a lot of talk about environ- residents as part of local law enforce- Today, Aleman went to a Federal mental conservation and energy inde- ment. penitentiary. And yes, he was pros- pendence, but through innovative Madam Speaker, I would like to wish ecuted by the same U.S. Attorney’s Of- thinking, Southco has delivered tan- John and his wife, Linda, all the best fice, the same judge heard the case as gible results in the private sector and as they enter this new chapter of their the Ramos and Compean cases. provided an excellent example. lives. Unfortunately, every time a border This month, the Environmental Pro- f agent is prosecuted in the Western Dis- tection Agency has made Southco a trict of Texas, the U.S. Attorney’s Of- member of its National Environmental PASSPORT PROCESSING BACKLOG fice has a credibility problem; and this Performance Track Program, designed (Mr. LAMPSON asked and was given case is automatically suspect and sus- to honor leaders who have dem- permission to address the House for 1 picious. onstrated a commitment to reducing minute and to revise and extend his re- And that’s just the way it is. their negative impact on the environ- marks.) f ment. Mr. LAMPSON. Madam Speaker, on I would like to personally thank PASSPORT PROCESSING BACKLOG Friday I joined Congressman GREEN, Southco for being an excellent cor- who just spoke, and Congresswoman (Ms. JACKSON-LEE of Texas asked porate citizen. JACKSON-LEE, who will speak shortly, and was given permission to address Madam Speaker, Southco is a leader at the Houston passport office. the House for 1 minute and to revise in these efforts, and deserves our praise Some people had been in line for and extend her remarks.) for its forward-thinking, socially con- hours, and some of them had driven Ms. JACKSON-LEE of Texas. Madam scious practices. hundreds of miles. Most were frus- Speaker, just last week I joined my f trated and confused. Many had applied colleagues Congressman GENE GREEN months ago to comply with the new and Congressman NICK LAMPSON on CONGRATULATING THE CEDAR passport laws, but the last Congress trying to address the ongoing crisis in VALLEY, IOWA failed to provide Federal agencies the our communities, because we have a re- (Mr. BRALEY of Iowa asked and was resources they need to uphold our laws. gional office for passports. Overnight given permission to address the House These passport delays have inconven- stays, early morning arrivals, families for 1 minute and to revise and extend ienced thousands across our country. crying and families not being able to be his remarks.) Some State Department estimates reunited, people traveling for hundreds Mr. BRALEY of Iowa. Madam Speak- range up to 12 weeks or even longer to of miles, and the reason is passport er, I rise this evening as a proud resi- process passport applications, forcing backlog because of no extra staff. dent of Waterloo, Iowa. Recently, some people to either cancel travel Let me thank the staff who work so Forbes named the Waterloo-Cedar plans or lose deposits. hard to ensure that those who came Falls metro area as the ‘‘13th best We can’t have homeland security could be served. We asked the State place for business and careers’’ among without adequate resources. It is not Department today to provide us with small metro areas in the United States. enough to talk tough, we must follow temporary permanent workers to carry There is nothing unlucky about this through. The State Department has out the responsibility. number 13. I have lived in Waterloo for said that it would temporarily suspend I would also say if there are waivers almost 25 years, and I can tell you from the law to some countries so Ameri- now being made for places like the Car- experience that the people of the Cedar cans can take their trips. Forcing ibbean and Canada, I would only beg Valley have made all of the difference agencies to suspend laws because they that information be given to travelers there. The last decade has brought a lack the capacity to enforce them sets so they don’t go to the airport and not renewed commitment to civic improve- a dangerous precedent. have the necessary documentation. ment, and these investments have paid We need more agents to provide bor- Madam Speaker, I close by saying I off. der security, customs and immigration am reading today as well that the U.S. Investments in things like good enforcement officers and Federal pros- military is getting ready to arm the schools, an expanding workforce and an

VerDate Aug 31 2005 05:05 Jun 12, 2007 Jkt 059060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.046 H11JNPT1 bajohnson on PRODPC60 with HOUSE H6208 CONGRESSIONAL RECORD — HOUSE June 11, 2007 improved infrastructure have clearly ting one more soldier of the United tified for advance appropriations under section played a big part of this recognition. States into this war, we have to have 206 of S. Con. Res. 21. This list is needed to Businesses are attracted to the skilled, an up-or-down vote on whether it enforce section 206 of the budget resolution, smart and hardworking workforce of should be authorized. which creates a point of order against appro- the Cedar Valley, ranked number 49 be- Arming Sunni groups that have mur- priation bills that contain advance appropria- cause of educational attainment. dered U.S. service men and women as a tions that: (i) Are not identified in the state- It is clear to me that more and more policy, a strategy, is without merit and ment of managers; or (ii) would cause the ag- people are catching on to what the devoid of any political sensibility. gregate amount of such appropriations to ex- Cedar Valley has to offer. I congratu- f ceed the level specified in the resolution. late my neighbors in Waterloo and Cedar Falls. b 1930 REPORT TO THE SPEAKER FROM THE COMMITTEE ON THE f SPECIAL ORDERS BUDGET—STATUS OF THE FISCAL YEAR 2008 CON- GRESSIONAL BUDGET ADOPTED IN SENATE CONCUR- HONORING HORACE LIVINGSTON The SPEAKER pro tempore (Ms. SUT- RENT RESOLUTION 21 AND WILLIAM DEMPSEY TON). Under the Speaker’s announced policy of January 18, 2007, and under a [Reflecting Action Completed as of June 8, 2007—On-budget amounts, in (Mr. HARE asked and was given per- millions of dollars] mission to address the House for 1 previous order of the House, the fol- Fiscal Fiscal Fiscal minute and to revise and extend his re- lowing Members will be recognized for 5 minutes each. year— year— years— marks.) 1 Mr. HARE. Madam Speaker, I rise f 2007 2008 2008–2012 today to honor two great community STATUS REPORT ON CURRENT Appropriate Level: Budget authority ...... 2,255,558 2,350,261 2 leaders from Decatur, Illinois. LEVELS OF ON-BUDGET SPEND- Outlays ...... 2,268,646 2,353,893 2 Horace ‘‘Buck’’ Livingston is a local ING AND REVENUES FOR FISCAL Revenues ...... 1,900,340 2,015,841 11,137,671 Current Level: civil rights activist who sought higher- YEARS 2007 AND 2008 AND THE 5- Budget authority ...... 2,255,558 1,422,153 2 paying jobs and better education for YEAR PERIOD FY 2008 THROUGH Outlays ...... 2,268,646 1,767,190 2 Revenues ...... 1,904,540 2,050,461 11,313,270 African Americans. For over 40 years, FY 2012 Current Level over (+) / under he has published the African American (¥) Appropriate Level: Voice, the only African American The SPEAKER pro tempore. Under a Budget authority ...... 0 ¥928,108 2 previous order of the House, the gen- Outlays ...... 0 ¥586,703 2 newspaper within 150 miles of Decatur, Revenues ...... 4,200 34,620 175,599 tleman from South Carolina (Mr. Illinois. His tireless efforts continue to 1 SPRATT) is recognized for 5 minutes. Pending action by the House Appropriations Committee on spending cov- strengthen our community and give all ered by section 207(d)(1)(E) (overseas deployments and related activities), of us hope for a better future. Mr. SPRATT. Madam Speaker, I am trans- resolution assumptions are not included in the appropriate level. mitting a status report on the current levels of 2 = Not applicable because annual appropriations Acts for fiscal years William ‘‘Skip’’ Dempsey, my broth- 2009 through 2012 will not be considered until future sessions of Congress. er in the labor movement, sadly passed on-budget spending and revenues for fiscal away on April 13. After teaching at years 2007 and 2008 and for the 5-year pe- BUDGET AUTHORITY Purdue University, Skip served for riod of fiscal years 2008 through 2012. This Enactment of measures providing any new over 12 years as training coordinator report is necessary to facilitate the application budget authority for FY 2007 (if not already for Plumbers and Steamfitters Local of sections 302 and 311 of the Congressional included in the current level estimate) would 65. He continued his leadership as a Budget Act and sections 204, 206 and 207 of cause FY 2007 budget authority to exceed the business agent, advancing education, S. Con. Res. 21, the Concurrent Resolution on appropriate level set by S. Con. Res. 21. economic growth, and the building the Budget for Fiscal Year 2008. Enactment of measures providing new trades in the Decatur area. Skip’s valu- The term ‘‘current level’’ refers to the budget authority for FY 2008 in excess of amounts of spending and revenues estimated $928,108,000,000 (if not already included in the able service will be sorely missed. current level estimate) would cause FY 2008 I ask my colleagues to join me in for each fiscal year based on laws enacted or awaiting the President’s signature. The first budget authority to exceed the appropriate honoring the extraordinary and unself- level set by S. Con. Res. 21. ish contributions of Buck Livingstong table in the report compares the current levels and Skip Dempsey. of total budget authority, outlays, and reve- OUTLAYS nues with the aggregate levels set by S. Con. f Enactment of measures providing any new Res. 21. This comparison is needed to en- outlays for FY 2007 (if not already included ARMING SUNNI GROUPS IS force section 311(a) of the Budget Act, which in the current level estimate) would cause LUNACY creates a point of order against measures that FY 2007 outlays to exceed the appropriate (Mr. ABERCROMBIE asked and was would breach the budget resolution’s aggre- level set by S. Con. Res. 21. given permission to address the House gate levels. Enactment of measures providing new out- for 1 minute and to revise and extend The second table compares the current lev- lays for FY 2008 in excess of $586,703,000,000 (if his remarks.) els of discretionary appropriations for fiscal not already included in the current level es- Mr. ABERCROMBIE. Madam Speak- years 2007 and 2008 with the ‘‘section 302(b)’’ timate) would cause FY 2008 outlays to ex- er, I rise today in the wake of news suballocations of discretionary budget author- ceed the appropriate level set by S. Con. Res. 21. that comes to us that the United ity and outlays among Appropriations sub- States will now have as a policy in Iraq committees. The comparison is needed to en- REVENUES the arming of Sunni groups who have force section 302(f) of the Budget Act because Enactment of measures resulting in rev- admittedly killed and maimed Ameri- the point of order under that section applies to enue reduction for FY 2007 in excess of cans. We have now reached the point of measures that would breach the applicable $4,200,000,000 (if not already included in the public-political lunacy. section 302(b) suballocation. current estimate) would cause FY 2007 rev- Representative PAUL, myself, Rep- The third table compares the current levels enue to fall below the appropriate level set resentative JONES and others have en- of budget authority and outlays for each au- by S. Con. Res. 21. tered a bill for consideration of the thorizing committee with the ‘‘section 302(a)’’ Enactment of measures resulting in rev- House that will cause us to have to re- allocations made under S. Con. Res. 21 for enue reduction for FY 2008 in excess of authorize this war. Any conceivable fiscal years 2007 and 2008 and fiscal years $34,620,000,000 (if not already included in the current estimate) would cause FY 2008 rev- reason for having allowed the Presi- 2008 through 2012. This comparison is need- enue to fall below the appropriate level set dent to enter into this war with the en- ed to enforce section 302(f) of the Budget Act, by S. Con. Res. 21. abling resolution that we passed has which creates a point of order against meas- Enactment of measures resulting in rev- now been accomplished; any ‘‘where- ures that would breach the section 302(a) allo- enue reduction for the period of fiscal years as,’’ any ‘‘be it resolved’’ of that reso- cation of new budget authority for the com- 2008 through 2012 in excess of $175,599,000,000 lution is now moot. mittee that reported the measure. (if not already included in the current level In order for any of us to justify The fourth table gives the current level for estimate) would cause revenues to fall below spending one more penny or commit- fiscal years 2009 and 2010 for accounts iden- the appropriate levels set by S. Con. Res. 21.

VerDate Aug 31 2005 05:05 Jun 12, 2007 Jkt 059060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.048 H11JNPT1 bajohnson on PRODPC60 with HOUSE June 11, 2007 CONGRESSIONAL RECORD — HOUSE H6209 DISCRETIONARY APPROPRIATIONS FOR FISCAL YEAR 2007—COMPARISON OF CURRENT LEVEL WITH APPROPRIATIONS COMMITTEE 302(a) ALLOCATION AND APPROPRIATIONS SUBCOMMITTEE 302(b) SUBALLOCATIONS [In millions of dollars]

302(b) suballocations as of June Current level reflecting action Current level minus suballoca- Appropriations Subcommittee 8, 2007 (H. Rpt. 110–182) completed as of June 8, 2007 tions BA OT BA OT BA OT

Agriculture, Rural Development, FDA ...... 18,569 19,356 18,569 19,356 0 0 Commerce, Justice, Science ...... 51,950 52,236 51,950 52,236 0 0 Defense ...... 489,519 499,510 489,519 499,510 0 0 Energy and Water Development ...... 30,296 29,882 30,296 29,882 0 0 Financial Services and General Government ...... 19,488 20,360 19,488 20,360 0 0 Homeland Security ...... 33,962 41,195 33,962 41,195 0 0 Interior, Environment ...... 26,411 27,569 26,411 27,569 0 0 Labor, Health and Human Services, Education ...... 144,766 145,567 144,766 145,567 0 0 Legislative Branch ...... 3,774 3,950 3,774 3,950 0 0 Military Construction, Veterans Affairs ...... 49,752 46,889 49,752 46,889 0 0 State, Foreign Operations ...... 31,358 35,186 31,358 35,186 0 0 Transportation, HUD ...... 50,471 107,765 50,471 107,765 0 0 Unassigned (full committee allowance) ...... 0 0 0 0 0 0 Total (Section 302(a) Allocation) ...... 950,316 1,029,465 950,316 1,029,465 0 0

DISCRETIONARY APPROPRIATIONS FOR FISCAL YEAR 2008—COMPARISON OF CURRENT LEVEL WITH APPROPRIATIONS COMMITTEE 302(A) ALLOCATION AND APPROPRIATIONS SUBCOMMITTEE 302(B) SUBALLOCATIONS [In millions of dollars]

302(b) suballocations as of June Current level reflecting action Current level minus Appropriations Subcommittee 8, 2007 (H. Rpt. 110–183) completed as of June 8, 2007 suballocations BA OT BA OT BA OT

Agriculture, Rural Development, FDA ...... 18,825 20,027 7 5,437 ¥18,818 ¥14,590 Commerce, Justice, Science ...... 53,551 55,318 0 20,389 ¥53,551 ¥34,929 Defense ...... 459,332 475,980 45 163,824 ¥459,287 ¥312,156 Energy and Water Development ...... 31,603 32,774 0 13,178 ¥31,603 ¥19,596 Financial Services and General Government ...... 21,028 21,650 80 4,323 ¥20,948 ¥17,327 Homeland Security ...... 36,254 38,247 0 17,112 ¥36,254 ¥21,135 Interior, Environment ...... 27,598 28,513 0 11,198 ¥27,598 ¥17,315 Labor, Health and Human Services, Education ...... 151,112 148,433 19,151 100,179 ¥131,961 ¥48,254 Legislative Branch ...... 4,024 4,036 0 606 ¥4,024 ¥3,430 Military Construction, Veterans Affairs ...... 64,745 54,831 ¥2,414 14,260 ¥67,159 ¥40,571 State, Foreign Operations ...... 34,243 33,351 0 16,407 ¥34,243 ¥16,944 Transportation, HUD ...... 50,738 114,869 4,193 71,015 ¥46,545 ¥43,854 Unassigned (full committee allowance) ...... 0 369 0 0 0 ¥369 Total (Section 302(a) Allocation) ...... 953,053 1,028,398 21,062 437,928 ¥931,991 ¥590,470

DIRECT SPENDING LEGISLATION—COMPARISON OF CURRENT LEVEL WITH AUTHORIZING COMMITTEE 302(a) ALLOCATIONS FOR RESOLUTION CHANGES, REFLECTING ACTION COMPLETED AS OF JUNE 8, 2007 [Fiscal years, in millions of dollars]

2007 2008 2008–2012 Total House Committee BA Outlays BA Outlays BA Outlays

Agriculture: Allocation ...... 0 0 0 0 0 0 Current Level ...... 0 0 0 0 0 0 Difference ...... 0 0 0 0 0 0 Armed Services: Allocation ...... 0 0 ¥50 ¥50 ¥410 ¥410 Current Level ...... 0 0 0 0 0 0 Difference ...... 0 0 50 50 410 410 Education and Labor: Allocation ...... 0 0 ¥150 ¥150 ¥750 ¥750 Current Level ...... 0 0 0 0 0 0 Difference ...... 0 0 150 150 750 750 Energy and Commerce: Allocation ...... 0 0 0 0 0 0 Current Level ...... 0 0 0 0 0 0 Difference ...... 0 0 0 0 0 0 Financial Services: Allocation ...... 0 0 0 0 0 0 Current Level ...... 0 0 0 0 0 0 Difference ...... 0 0 0 0 0 0 Foreign Affairs: Allocation ...... 0 0 0 0 0 0 Current Level ...... 0 0 0 0 0 0 Difference ...... 0 0 0 0 0 0 Homeland Security: Allocation ...... 0 0 0 0 0 0 Current Level ...... 0 0 0 0 0 0 Difference ...... 0 0 0 0 0 0 House Administration: Allocation ...... 0 0 0 0 0 0 Current Level ...... 0 0 0 0 0 0 Difference ...... 0 0 0 0 0 0 Judiciary: Allocation ...... 0 0 0 0 0 0 Current Level ...... 0 0 0 0 0 0 Difference ...... 0 0 0 0 0 0 Natural Resources: Allocation ...... 0 0 0 0 0 0 Current Level ...... 0 0 0 0 0 0 Difference ...... 0 0 0 0 0 0 Oversight and Government Reform: Allocation ...... 0 0 0 0 0 0 Current Level ...... 0 0 0 0 0 0 Difference ...... 0 0 0 0 0 0 Science and Technology: Allocation ...... 0 0 0 0 0 0 Current Level ...... 0 0 0 0 0 0 Difference ...... 0 0 0 0 0 0 Small Business: Allocation ...... 0 0 0 0 0 0 Current Level ...... 0 0 0 0 0 0

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2007 2008 2008–2012 Total House Committee BA Outlays BA Outlays BA Outlays

Difference ...... 0 0 0 0 0 0 Transportation and Infrastructure: Allocation ...... 0 0 125 0 1,525 0 Current Level ...... 0 0 0 0 0 0 Difference ...... 0 0 ¥125 0 ¥1,525 0 Veterans’ Affairs: Allocation ...... 0 0 0 0 0 0 Current Level ...... 0 0 0 0 0 0 Difference ...... 0 0 0 0 0 0 Ways and Means: Allocation ...... 0 0 0 0 0 0 Current Level ...... 0 0 0 0 0 0 Difference ...... 0 0 0 0 0 0

FY2009 AND 2010 ADVANCE APPROPRIATIONS UNDER U.S. CONGRESS, closed current level report excludes these SECTION 206 OF S. CON. RES. 21 CONGRESSIONAL BUDGET OFFICE, amounts (see footnote 1 of the report). [Budget Authority in Millions of Dollars] Washington, DC, June 11, 2007. Since my last letter, dated January 4, the Hon. JOHN M. SPRATT, Jr., Congress has cleared and the President has 2009 2010 Chairman, Committee on the Budget signed the following acts that affect budget House of Representatives, Washington, DC. authority, outlays, or revenues for fiscal Appropriate Level: ...... 25,558 25,558 DEAR MR. CHAIRMAN: The enclosed report year 2007: Accounts Identified for Advances: shows the effects of Congressional action on The Revised Continuing Appropriations Corporation for Public Broadcasting 400 0 the fiscal year 2007 budget and is current Resolution, 2007 (Public Law 110–5); and Employment and Training Adminis- tration ...... 0 0 through June 8, 2007. This report is sub- The U.S. Troop Readiness, Veterans’ Care, Education for the Disadvantaged ... 0 0 mitted under section 308(b) and in aid of sec- Katrina Recovery, and Iraq Accountability School Improvement ...... 0 0 tion 311 of the Congressional Budget Act, as Appropriations Act, 2007 (P.L. 110–28). Children and Family Services (Head amended. The effects of the U.S. Troop Readiness, Start) ...... 0 0 Special Education ...... 0 0 The estimates of budget authority, out- Veterans’ Care, Katrina Recovery, and Iraq Vocational and Adult Education ..... 0 0 lays, and revenues are consistent with the Accountability Appropriations Act, 2007 are Payment to Postal Service ...... 0 0 technical and economic assumptions of S. identified separately in the enclosed report. Section 8 Renewals ...... 0 0 Con. Res. 21, the Concurrent Resolution on The effect of the Continuing Resolution is the Budget for Fiscal Year 2008, as approved included in the ‘‘previously enacted’’ section by the Senate and the House of Representa- of the report, consistent with the budget res- tives. olution assumptions. Pursuant to section 204(b) of S. Con. Res. Sincerely, 21, provisions designated as emergency re- PETER R. ORSZAG, quirements are exempt from enforcement of Director. the budget resolution. As a result, the en- Enclosure. FISCAL YEAR 2007 HOUSE CURRENT LEVEL REPORT AS OF JUNE 8, 2007 [In millions of dollars]

Budget authority Outlays Revenues

Enacted in previous session: Revenues ...... n.a. n.a. 1,904,706 Permanents and other spending legislation ...... 1,350,273 1,299,295 n.a. Appropriation legislation ...... 1,477,616 1,540,849 n.a. Offsetting receipts ...... ¥571,507 ¥571,507 n.a. Total enacted in previous session ...... 2,256,382 2,268,637 1,904,704

Enacted this session: Appropriation Acts: U.S. Troop Readiness. Veterans’ Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 (P.L. 110–28) 1 ...... ¥794 9 ¥166 Total, enacted this session ...... ¥794 9 ¥166

Entitlements and mandatories: Budget resolution estimates of appropriated entitlements and other mandatory programs ...... ¥30 0 0 Total Current Level 12 ...... 2,255,558 2,268,646 1,904,540 Total Budget Resolution ...... 2,380,535 2,300,572 1,900,340 Adjustment to budget resolution for emergency requirements 3 ...... ¥124,789 ¥31,926 0 Adjustment to the budget resolution pursuant to section 207(f) 4 ...... ¥188 0 0 Adjusted Budget Resolution ...... 2,255,558 2,268,646 1,900,340 Current Level Over Adjusted Budget Resolution ...... n.a. n.a. 4,200 Current Level Under Adjusted Budget Resolution ...... n.a. n.a. n.a. Notes: n.a. = not applicable; P.L. = Public Law. 1 Pursuant to section 204(b) of S. Con. Res. 21 the Concurrent Resolution on the Budget for Fiscal Year 2008, as approved by the Senate and the House of Representatives, provisions designated as emergency requirements are exempt from enforcement of the budget resolution. The amounts so designated for fiscal year 2007, which are not included in the current level totals, are as follows: U.S. Troop Readiness, Veterans’ Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 (P.L. 110–28) ...... 120,803 31,116 n.a. 2 Excludes administrative expenses of the Social Security Administration, which are off-budget. 3 S. Con. Res. 21 assumed $124,789 million in budget authority and $31,926 million in outlays from emergency supplemental appropriations. Such emergency amounts are exempt from the enforcement of the budget resolution. Since current level totals exclude the emergency requirements enacted in P.L. 110–28 (see footnote 1 above), at the direction of the House Committee on the Budget, budget authority and outlay totals specified in the budget resolution have also been reduced (by the amounts assumed for emergency supplemental appropriations) for purposes of comparison. 4 Pursuant to section 207(f) of S. Con Res. 21, the House Committee on the Budget adjusts the budget authority to reflect the difference between the amount assumed in the budget resolution for nonemergency supplemental appropria- tions in fiscal year 2007 and the amount actually appropriated for nonemergency purposes. Source: Congressional Budget Office.

U.S. CONGRESS, tion 311 of the Congressional Budget Act, as the budget resolution. As a result, the en- CONGRESSIONAL BUDGET OFFICE, amended. closed current level report excludes these Washington, DC, June 11, 2007. The estimates of budget authority, out- amounts (see footnote 1 of the report). This Hon. JOHN M. SPRATT, Jr., lays, and revenues are consistent with the is my first report for fiscal year 2008. Chairman, Committee on the Budget, technical and economic assumptions of S. Sincerely, Con Res. 21, the Concurrent Resolution on House of Representatives, Washington, DC. PETER R. ORSZAG. the Budget for Fiscal Year 2008, as approved DEAR MR. CHAIRMAN: The enclosed report by the Senate and the House of Representa- Enclosure. shows the effects of Congressional action on tives. the fiscal year 2008 budget and is current Pursuant to section 204(b) of S. Con. Res. through June 8, 2007. This report is sub- 21, provisions designated as emergency re- mitted under section 308(b) and in aid of sec- quirements are exempt from enforcement of

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Total, enacted in previous session ...... 874,897 1,234,245 2,050,796

Enacted this session: Appropriation Acts: U.S. Troop Readiness, Veterans’ Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 (P.L. 110–28)1 ...... 1 42 ¥335

Total, enacted this session ...... 1 42 ¥335

Entitlements and mandatories: Budget resolution estimates of appropriated entitlements and other mandatory programs ...... 547,255 532,903 0 Total Current Level 12 ...... 1,422,153 1,767,190 2,050,461 Total Budget Resolution ...... 2,496,028 2,469,636 2,015,858 Adjustment to budget resolution for emergency requirements3 ...... ¥606 ¥49,990 n.a. Adjustment to the budget resolution pursuant to section 207(f)4 ...... 1 1 ¥17 Adjustment to the budget resolution pursuant to section 207(d)(l)(E)5 ...... ¥145,162 ¥65,754 n.a.

Adjusted Budget Resolution ...... 2,350,261 2,353,893 2,015,841 Current Level Over Adjusted Budget Resolution ...... n.a. n.a. 34,620 Current Level Under Adjusted Budget Resolution ...... 928,108 586,703 n.a. Memorandum: Revenues, 2008–2012: House Current Level ...... n.a. n.a. 11,313,270 House Budget Resolution ...... n.a. n.a. 11,137,725 Adjustment to the budget resolution pursuant to section 207(f)4 ...... n.a. n.a. ¥54

Adjusted Budget Resolution ...... n.a. 11,137,671 Current Level Over Adjusted Budget Resolution ...... n.a. n.a. 175,599 Current Level Under Adjusted Budget Resolution ...... n.a. n.a. n.a. Notes: n.a. = not applicable; P.L. = Public Law. 1 Pursuant to section 204(b) of S. Con. Res. 21 the Concurrent Resolution on the Budget for Fiscal Year 2008, as approved by the Senate and the House of Representatives, provisions designated as emergency requirements are exempt from enforcement of the budget resolution. The amounts so designated for fiscal year 2008, which are not included in the current level totals, are as follows: U.S. Troop Readiness, Veterans’ Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 (p.L. 110–28) ...... 605 48,639 n.a. 2 Excludes administrative expenses of the Social Security Administration, which are off-budget. 3 S. Con. Res. 21 assumed $606 million in budget authority and $49,990 million in outlays from emergency supplemental appropriations. Such emergency amounts are exempt from the enforcement of the budget resolution. Since current level totals exclude the emergency requirements enacted in P.L. 110–28 (see footnote 1 above), at. the direction of the House Committee on the Budget, budget authority and outlay totals specified in the budget resolution have also been reduced (by the amounts assumed for emergency supplemental appropriations) for purposes of comparison. 4 Pursuant to section 207(f) of S. Con. Res. 21, the House Committee on the Budget adjusts budget authority and outlays to reflect the difference between the amount assumed in the budget resolution for nonemergency supplemental appropriations in fiscal year 2007 and the amount actually appropriated for nonemergency purposes. 5 Section 207(d)(1)(E) of S. Con. Res. 21 assumed $145,162 million in budget authority and $65,754 million in outlays for overseas deployment and related activities. Pending action by the House Com- mittee on Appropriations, the House Committee on the Budget has directed that these amounts be excluded from the budget resolution aggregates in the current level report. Source: Congressional Budget Office.

AMNESTY INTERNATIONAL southern border, and the first duty of workers in the passport office. They’re The SPEAKER pro tempore. Under a government is to protect the people, working as long as they can, as hard as previous order of the House, the gen- and that means protect our borders and they can, but those people that run the tleman from Texas (Mr. POE) is recog- protect it first. When we solve that passport office, the Federal bureau- nized for 5 minutes. problem, then we can move on to the crats, never were organized enough to Mr. POE. Madam Speaker, the great other issues. make sure that Americans, in a giveaway of American land has not oc- And the second issue is not what to streamlined process, could get pass- curred. The Amnesty International do with the people that are here ille- ports. plan to grant legal permanent resi- gally. We first close the gap, close the So now the law’s not going to be fol- dents to 12 to 20 million illegal people border, keep people from coming here lowed until the passport service gets it from all over the world did not succeed illegally, but the next thing we have to together, and that’s very unfortunate in the Senate, and rightfully so. deal with is the immigration service. because the problem is we’re going to The bill that the Senate tried to push It’s in chaos, it’s in turmoil, and this use this same department, the immi- off on the American public was too last week’s example is a perfect exam- gration service, to so-called legally le- massive, too complicated, too long. It ple. galize the 12 to 20 million people in the was almost longer than the Bible and The passport service. Now, the law amnesty bill, the so-called Z visas had less to say. requires that all Americans traveling which are very complicated to under- Madam Speaker, the American peo- anywhere, including Mexico, Canada stand, something that will take a lot ple get it. They understand that the and the Caribbean islands, have pass- longer to process than a passport. So first problem that has to be solved is ports. Congress passed that law 3 years the Z visas for 12 to 20 million illegals the border. Border security is the num- ago. The Federal Government, the ex- will take forever to process if we ever ber one issue. The Federal Govern- ecutive branch, had 3 years to get go to that service. ment, our government, the most pow- ready to make sure that Americans What I’m saying, Madam Speaker, is erful superpower that has ever existed, had those passports, and sure enough, we deal with the border first. Second, cannot protect the borders. Or is it 2007 came, Americans were following we fix and streamline the immigration that they don’t protect the borders or the law. They started applying for service so it doesn’t discriminate refuse to protect the borders? passports, and all of the sudden, there against people who are coming to the The American public want our bor- are lines all over the United States for United States legally, that we make it ders secure before we start talking people waiting for their passports. efficient for Americans to travel about immigration, whether it’s legal First it was 4 weeks; then it was 6 abroad. And once we fix that problem, or illegal. And that’s what our Federal weeks. Now, it’s 3 months to 5 months. then down the road we deal with the Government should do, simply follow The Federal Government cannot even third issue, the issue of what to do with the law that’s already existing. process a simple passport for an Amer- people that are here illegally. We have enough laws now to protect ican citizen, and it is a relatively sim- Until we take it in that order, until the border, but for some reason, the ple process to deal with a passport. Congress addresses those three respec- law does not get enforced by the execu- And now, what has happened? The tive acts with three bills, we will never tive department. We hear all kinds of Federal Government says, well, since solve the problem. And a massive, so- reasons why it doesn’t occur, but the we can’t follow the law, we’ll suspend called immigration reform bill, the bottom line is our borders are porous, the law until we’re able to get it to- American public is suspect and skep- on the northern border and on the gether. Now, it’s not the fault of those tical of that plan because, frankly, I

VerDate Aug 31 2005 07:14 Jun 12, 2007 Jkt 059060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JN7.052 H11JNPT1 bajohnson on PRODPC60 with HOUSE H6212 CONGRESSIONAL RECORD — HOUSE June 11, 2007 don’t think the American public trusts cans themselves.’’ That’s what the they have to make a split-second deci- the Federal Government to do the job Times had to say. sion whether to fire or be fired upon, to of securing the border and reforming But first, Madam Speaker, we sent kill or be killed. the immigration service. our troops into battle without the In June 2006, seven Marines and one But we know that the Federal Gov- proper body armor or vehicle armor. Navy corpsman from Camp Pendleton ernment does have the capability to Then we put them in the middle of a were charged with murder in an April grant amnesty to people that are here bloody civil war they were never 2006 incident involving the death of an illegally. So, hopefully, Congress will trained to fight. Then, when many of Iraqi man. The troops were staking out do its job, get organized, pass three them got wounded, we gave them ter- an intersection while looking for insur- separate bills so that we have border rible medical treatment at home. Now gents placing explosives along the security; that we have an efficient, this is the latest outrage. road. workable immigration services; and Madam Speaker, I do not condemn The squad of eight is accused of kid- then down the road, we deal with what our commanders in the field for mak- napping the Iraqi man from a nearby to do with the people that are here ille- ing this decision. They are taking this home, killing him, and then staging gally in the U.S. risk because they are desperate to im- the scene to frame him as an insurgent The American public expect it. They plement President Bush’s hopeless, planting a bomb. have expected it for a long time, and foolish surge policy, but the surge has Four of the troops struck plea deals it’s time for us to get about the peo- not worked, is not working and will and received sentences of 21 months or ple’s business and resolve these three not work. less in exchange for their testimony As the Times reports, ‘‘An initial de- problems as efficiently and quickly as against their squad mates. One of the cline in sectarian killings in Baghdad we can. troops also pled guilty to lesser in the first two months of the troop And that’s just the way it is. charges but received an 8-year sen- buildup has reversed, with growing tence. The three remaining Marines all f numbers of bodies showing up each day face courts martial this summer and PRESIDENT SHOULD OVERRULE in the capital. Suicide bombings have life in prison if convicted of premedi- PROPOSED NEW STRATEGY OF dipped in Baghdad, but increased else- tated murder. GIVING WEAPONS TO SUNNI where, as al Qaeda groups, confronted One of these three Marines is a con- ARAB GROUPS with great American troop numbers, stituent of Congressman BILL have shifted their operations else- The SPEAKER pro tempore. Under a DELAHUNT, who brought the details of previous order of the House, the gentle- where.’’ There’s only one way, Madam Speak- this case to my attention. woman from California (Ms. WOOLSEY) Madam Speaker, 3 years ago, I came is recognized for 5 minutes. er, out of this. We must bring our troops home, and then we must work to this floor night after night to speak Ms. WOOLSEY. Madam Speaker, to- about what I felt was an unfair pros- night I rise to demand that President with the Iraqi people and we must work with them in a peaceful way to ecution of Lieutenant Ilario Pantano, a Bush take immediate action as Com- Marine who was charged with shooting mander in Chief to overrule a proposed reconstruct their devastated Nation. Last month, a bill that called for an insurgent in Iraq. Not because of my new strategy in Iraq, a proposal that starting the withdrawal of our troops concern, but because the charges may put our troops in even greater within 90 days received 171 votes in this against Lieutenant Pantano were not danger in the days ahead. House. Some pundits were surprised justified, the Marine Corps dropped the reported this that it received that much support. I charges. morning that our commanders in Iraq wasn’t. Opposition to this President’s Because of my great respect for the are now planning to give weapons to failed foreign policy is growing all over men and women who serve in the Sunni Arab groups, weapons that may America, and those voices are eventu- United States Marine Corps, it is my turn around and be used against our ally being heard in this body more and hope that these Marines will receive very own troops. more every day. the due process and justice they de- In the past, these Sunni groups have Madam Speaker, if American troops serve as American citizens and as he- been allied with al Qaeda and have ac- are harmed by this new war strategy, roes. tually been suspected of being involved then the American people will hold the President Teddy Roosevelt once said, in attacks upon our troops. So why are President accountable. But if we in ‘‘A man who is good enough to shed his we doing this? According to the Times, this House condone it as well, or re- blood for his country is good enough to our commanders have reason to believe main silent, then we will be respon- be given a square deal afterwards. More that the Sunnis have split with al sible, too. than that no man is entitled, and less Qaeda and are now ready to fight on Our job is to force this administra- than that no man shall have.’’ our side. Well, it could be true, but this tion to fully fund the plan to bring our The same men and women who risk strategy is fraught with terrible peril troops and our contractors home, home their lives to preserve the rights of all for our brave men and women in com- where they are not positioned in the American citizens deserve the protec- bat. middle of a civil war. tion of those same rights. Those who The Times reports, ‘‘Critics of the f fight for justice deserve justice in re- strategy, including some American of- turn. SUPPORTING THE PRESUMPTION ficers, say it could amount to the Madam Speaker, our military serv- OF INNOCENCE FOR ACCUSED Americans arming both sides in a fu- icemembers, the military family, and CAMP PENDLETON TROOPS ture civil war. The United States has certainly these Marines, deserve no spent more than $15 billion in building The SPEAKER pro tempore. Under a less. up Iraq’s Army and police force, whose previous order of the House, the gen- And Madam Speaker, with that, I manpower of 350,000 is heavily Shiite. tleman from North Carolina (Mr. close by saying, God, please continue With little sign of a political accommo- JONES) is recognized for 5 minutes. to bless our men and women in uniform dation between Shiites and Sunni poli- Mr. JONES of North Carolina. and their families, and please, God, ticians in Baghdad, there is a risk that Madam Speaker, only those who have continue to bless America. any weapons given to Sunni groups will been to war can truly understand the eventually be used against Shiites.’’ hell of war. I have not been to war, but f And I must mention, our troops will be I have spoken to those who have served The SPEAKER pro tempore. Under a stuck in the middle, dying for what? our country in both Iraq and Afghani- previous order of the House, the gen- Because there is the possibility, says stan. I know enough to understand that tleman from Indiana (Mr. BURTON) is the Times, the weapons could be used those who serve in harm’s way face recognized for 5 minutes. against the Americans themselves. grave dangers, and they are under ex- (Mr. BURTON of Indiana addressed Let me repeat that last sentence, treme pressure. the House. His remarks will appear ‘‘There is also the possibility the weap- Most of us cannot imagine the stress hereafter in the Extensions of Re- ons could be used against the Ameri- that those in uniform undergo when marks.)

VerDate Aug 31 2005 07:14 Jun 12, 2007 Jkt 059060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.050 H11JNPT1 bajohnson on PRODPC60 with HOUSE June 11, 2007 CONGRESSIONAL RECORD — HOUSE H6213 b 1945 enforce them? We are still waiting for Now we find ourselves muddling FREE TRADE AGREEMENTS WITH him to enforce the flagrant violations around in Iraq, we are almost to the PERU AND PANAMA in the Jordanian agreement, where middle of June, and almost 30 Ameri- such language was included in the core cans have died in Iraq. This is an The SPEAKER pro tempore. Under a of the trade agreement. unending mission without a mission, previous order of the House, the gentle- It is bad enough that his administra- an unending story without an end. woman from Ohio (Ms. KAPTUR) is rec- tion has the power to avoid any mean- Now we read in the Nation’s news- ognized for 5 minutes. ingful congressional amendment or any paper America’s strategy in Iraq to Ms. KAPTUR. Madam Speaker, soon amendment at all. We cannot trust arm the Sunnis. But at the same time President Bush’s administration will President Bush with fairly negotiating as we arm the Sunnis, we are in nego- force upon this Congress consideration trade agreements, and we certainly tiations with them to promise us that of free trade agreements with Peru and cannot trust him to fairly enforce they will not shoot American soldiers. Panama under the fast-track process. them. I believe that this may be a reason- That means no amendments allowed If Congress passes these agreements able response to arm Sunnis to fight al here in the Congress. with Peru and Panama, we only stand Qaeda, to arm Sunnis to engage with The bills they will bring before us are to perpetuate the race to the bottom the Iraqi National Army. But it is not modeled on the flawed NAFTA model cycle of lowered wages, reduced bene- a reasonable response with American that have yielded growing trade defi- fits worldwide, by taking these steps soldiers sitting in the line of fire. cits every year the Bush administra- under the slippery slope of the Bush Again, I say, having visited with my tion has been in office. We have seen trade agreement that rewards Wall constituents over the weekend, having how NAFTA sucked good jobs away Street and its investors, but penalizes visited with constituents in churches from Americans, how it ravaged the main streets across our Nation. and grocery stores, in meetings, in Mexican countryside and triggered a f civic meetings, everywhere I go, in re- flow of illegal immigrants, drugs and The SPEAKER pro tempore. Under a ligious institutions or houses of faith, violence across our southern border. previous order of the House, the gen- everywhere I go in my congressional Our staggering trade deficit with tleman from Oregon (Mr. DEFAZIO) is district, people are asking the singular Mexico continues to grow. This year, recognized for 5 minutes. question. That is, when are our soldiers we already have a $21.6 billion deficit (Mr. DEFAZIO addressed the House. going to come home from Iraq? with Mexico, and it will continue to His remarks will appear hereafter in When I get the loudest applause is swell as communities across the con- the Extensions of Remarks.) when I say that this Congress must tinent face job washout. f bring our soldiers home, and that it is If we do not construct a new trade The SPEAKER pro tempore. Under a my intention to work with every Mem- model that takes people into consider- previous order of the House, the gen- ber of Congress who is willing to stand ation and advocates free trade among tleman from Indiana (Mr. SOUDER) is up to ensure that our soldiers come free people, then it does not matter recognized for 5 minutes. home, not because of our job has not how many environmental provisions we (Mr. SOUDER addressed the House. been completed, not because our sol- may add to trade agreements or how His remarks will appear hereafter in diers are not strong, not because our unique the administration claims its the Extensions of Remarks.) soldiers are wimps, but because, in labor provisions are. f fact, our soldiers are heroes. We are simply extending NAFTA to I believe, as in my legislation H.R. the rain forest and to more sweat shops LET’S BRING OUR SOLDIERS HOME 930, that we should bring them home because there will be no reliable en- The SPEAKER pro tempore. Under a under a military success. They have forcement. previous order of the House, the gentle- done their job. They have deposed Sad- We have seen the NAFTA model fail woman from Texas (Ms. JACKSON-LEE) dam Hussein. They have discovered in Mexico. We have seen it fail in is recognized for 5 minutes. that there were no weapons of mass de- CAFTA countries. Why should we as- Ms. JACKSON-LEE of Texas. Madam struction. They have finished the mis- sume it will be any less disastrous in Speaker, earlier today I made mention sion. Peru or Panama? of an interesting new theory that is We should declare a military victory We cannot fall for empty promises being promoted through the Nation’s for those soldiers and those who lost again. When we were told that NAFTA newspapers, and, certainly, let me ac- their lives and begin to transfer the would result in a trade surplus, when knowledge the respect that we have in leadership of the efforts in Iraq to the we were told that NADBANC would this Congress for the United States Iraqi national Army and the Iraqi na- help communities that were faced with military and their never-ending chal- tional police. I cannot understand this job loss with reinvestment, when we lenge and acceptance of responsibility theory, this particular strategy, when were told NAFTA would be beneficial in their work in Iraq and certainly, of our soldiers are still on the ground. All for Mexicans, Canadians, and the legis- course, Afghanistan. I can see is armed Sunnis, armed al lation passed this Congress, what did We know that both of those regions Qaeda, armed Shiites, all pointing guns we see? Billions and billions of trade are becoming more difficult. In Af- at our soldiers, who are there, simply, deficit dollars racked up. ghanistan, the Taliban is rising, and, to follow the mission of a President We have never had a positive trade frankly, just recently, there was an at- who will not listen. balance with the NAFTA countries or tempted assassination attack on Presi- I am interested in military strategy. the CAFTA countries. We saw a wash- dent Karzai in Afghanistan with a mes- I want our military generals to be cre- out of jobs in our middle-class commu- sage from the Taliban saying that ‘‘We ative. If they believe that this is an ef- nities, and we saw huge and growing were involved’’ and, in essence, ‘‘We fective tool, then this tool must be uti- protests across Mexico. It’s a mistake are on the rise.’’ lized without our soldiers, in essence, if to pass NAFTA, and it will be a mis- In fact, that is where the root of ter- I might say, without any disrespect, to take to extend it to other countries ror is. After 9/11, that is where this be shooting targets or sitting ducks. without comprehensive and effective Congress almost unanimously in- This does not seem to be the right reform. structed the President on behalf of the kind of approach if our soldiers are This time Congress must be smarter. American people to fight the war on still going to be in the midst. Even if We must realize the administration is terror, to fight al Qaeda, and to find they relocate the soldiers out of the feeding us empty promises without en- Osama bin Laden. Unfortunately, this particular area, they are still on the forceability and clear benefits. We administration has failed, failed its ground. Armed Sunnis are armed should have no reason to be fooled duty to this Nation, and not rep- Sunnis. Armed Sunnis and armed Shi- again. resented itself to the American people ites move around. They don’t nec- Even if we succeed with some and to this Congress as to what its next essarily have to stay in one area. changes to the core text of these agree- steps are with respect to fighting ter- I expect that we will have a briefing ments, do we trust President Bush to ror. tomorrow. I hope that they will discuss

VerDate Aug 31 2005 05:05 Jun 12, 2007 Jkt 059060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.054 H11JNPT1 bajohnson on PRODPC60 with HOUSE H6214 CONGRESSIONAL RECORD — HOUSE June 11, 2007 with us, the Members of Congress, on right, I think that trade is good for down U.S. plants to chase increasingly behalf of their constituents, what does America and its working families. If we cheap labor and weak environmental this mean for the lives of our soldiers? do it the right way, trade can increase protections abroad. After decades of What does this mean for the number of the availability of raw materials for living with NAFTA and its clones, real those who have lost their lives already production. Trade can also open mar- wages for American families are down. and their brothers and sisters may now kets for American goods and can bring Our trade deficit is in the tens of bil- be in the greater line of fire with peo- exciting new products to American lions of dollars, and our manufacturing ple being armed, and armed with what? consumers. While I recognize the bene- base is falling apart. What level of weaponry will they fits of trade, not all trade agreements The American worker is now more have, and how far will this weaponry be are created equal. productive than ever, but that in- able to go, and what will they be able On May 10, the administration and creased productivity has not led to a to do with it? It is obviously a chal- Members of this House announced a corresponding increase in wages. The lenge. ‘‘new policy on trade.’’ Well, it’s about truth is that the NAFTA free trade It is time to bring our soldiers home. time. Democrats have been calling for model is designed to favor the wealthi- If this is what we are doing, let’s trans- a new direction in trade for years, and est few and corporate bottom lines at fer the fight to the Iraqi national Army I am pleased that the administration the expense of small businesses, work- and the Iraqi police. has finally taken initial steps to im- ers, families and communities. Let’s bring our soldiers home. prove its trade policy. In the coming weeks, we will be But, alas, it is too little, too late. f asked to consider first two of the Bush This new trade policy is little more administration’s trade priorities, free REPORT ON H.R. 2643, DEPART- than a rehash of the same failed trade agreements with Peru and Pan- MENT OF THE INTERIOR, ENVI- NAFTA model that has been hurting ama. Despite the long record of failed RONMENT, AND RELATED AGEN- U.S. families for more than a decade. free trade agreements, the Bush admin- CIES APPROPRIATIONS ACT, 2008 According to the administration, the istration and free traders are going to new additions to the Peru and Panama Ms. KAPTUR, from the Committee tell us that Peru and Panama agree- agreements would add long-sought on Appropriations, submitted a privi- ments are less controversial than the labor and environmental protections to leged report (Rept. No. 110–187) on the administration’s other priorities, free the basic NAFTA framework. trade agreements with Colombia and bill (H.R. 2643) making appropriations Unfortunately, even the U.S. Cham- Korea, and the renewal of the Presi- for the Department of the Interior, en- ber of Commerce says that these new dent’s fast-track negotiating author- vironment, and related agencies for the worker and environmental protections ity. fiscal year ending September 30, 2008, can’t be enforced. That’s not very en- This is a sign of how bad Peru and and for other purposes, which was re- couraging, is it? Supporting this new Panama trade deals are. Their only re- ferred to the Union Calendar and or- deal requires us to believe in two deeming value, it seems, is that they dered to be printed. things: number one, the actual benefits The SPEAKER pro tempore. Pursu- of the NAFTA free trade model; and, are not as bad as the deals with Korea ant to clause 1, rule XXI, all points of number 2, the promises of the Bush ad- and Colombia. But that argument order are reserved on the bill. ministration. misses the point. Every bad trade agreement passed, makes it easier for f We are supposed to trust an adminis- another bad trade agreement to slip by. The SPEAKER pro tempore. Under a tration that has demonstrated its com- When they say ‘‘not that bad,’’ we previous order of the House, the gen- mitment to anything but the truth. should say ‘‘not good enough.’’ Let’s tleman from Kentucky (Mr. DAVIS) is Having misled us on issues like domes- keep our eyes on the ball. recognized for 5 minutes. tic wire-tapping programs, the war in Iraq, global warming, and the firing of The Peru and Panama free-trade (Mr. DAVIS of Kentucky addressed agreements are slippery slopes to other the House. His remarks will appear U.S. attorneys, it now seeks our trust. How are we supposed to trust a record bad deals. Passing these deals makes it hereafter in the Extensions of Re- easier for the Bush administration to marks.) like that? We have also learned some very hard push through the Korea free-trade f lessons after more than 10 years of free agreement which would gut the Amer- U.S. TRADE POLICY trade failures. As we hear more famil- ican car industry. iar promise about the new trade deal, The SPEAKER pro tempore. Under b 2000 let’s look at some of the old ones. the Speaker’s announced policy of Jan- NAFTA was supposed to solve illegal It would make it easier for the White uary 18, 2007, the gentleman from integration by developing a robust House to push through fast track au- Maine (Mr. MICHAUD) is recognized for economy in Mexico that would allow thority, which gives the President a 60 minutes as the designee of the ma- hard-working people to provide for blank check to create additional agree- jority leader. their families and stay at home. Well, ments that gut our communities and Mr. MICHAUD. Madam Speaker, it’s that didn’t work. our economy. a great pleasure that we are talking CAFTA was supposed to include bold Passing the Peru and Panama Free this evening about an issue very impor- new safety and wage protections for Trade Agreements puts us on a slippery tant to a lot of us in this Congress, and workers, but these protections are dis- slope toward passing the Bush-Colom- a lot of folks throughout the United appointingly weak, allowing countries bia Free Trade Agreement, a deeply States of America, and that issue is to downgrade their very own labor flawed trade deal for working families trade. laws. in both countries. I would like to yield to a colleague of In the Oman Free Trade Agreement, I just returned from Colombia, and mine. We came in this Congress to- the administration actually negotiated this was my second trip in 7 months. gether, and she has been very active in a deal with a opportunity that, as our On these visits I talked with leaders the trade deal and has established with own State Department reported, was from civil society, indigenous groups, me the trade working group in this experiencing a forced labor problem— organized labor and the political oppo- Congress, Congresswoman LINDA T. forced labor. How are our workers sup- sition. SA´ NCHEZ of California. posed to compete with people who are Colombia is a great country with Ms. LINDA T. SA´ NCHEZ of Cali- forced to toil? wonderful people, a vibrant culture and fornia. Madam Speaker, I am pleased Free trade was supposed to increase a growing economy. However, Colom- to join my colleagues in addressing the economic opportunity for everybody, bia remains the most dangerous coun- House and the American people regard- for big businesses, as well as working try in the world for worker advocates. ing U.S. trade policy and its effect on families at home and abroad. But it Despite recent progress, the Colombian working families. simply hasn’t happened. Government has still been unable to Let me start by saying, first of all, Too many communities have been protect labor organizers from being at- that I am committed to trade. That’s left to rot because corporations shut tacked or killed over any specific

VerDate Aug 31 2005 05:05 Jun 12, 2007 Jkt 059060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.058 H11JNPT1 bajohnson on PRODPC60 with HOUSE June 11, 2007 CONGRESSIONAL RECORD — HOUSE H6215 amount of time. The Bush-Colombia you’re absolutely right. These trade And I’m just honored to be able to Free Trade Agreement will only exac- deals are a slippery slope, and we defi- serve with you. erbate those problems. Without real nitely have to make sure that we I want to thank you, and I want to enforceable worker protections, in- change that trade model. thank my colleague, Congresswoman creasing numbers of Colombian work- As you know, I spent over 28 years at SA´ NCHEZ from California, for her great ers will be forced into sweatshop condi- Great Northern Paper Company in East leadership on this whole issue of trade tions. Millinocket, Maine, like my father be- and protecting American workers and The Bush-Colombia FTA will gut Co- fore me spent 43 years, my grandfather standing up for ordinary people. lombia’s legitimate agriculture sector. before him for 40 years. I don’t have a prepared speech to- Colombian farmers will be forced to NAFTA has killed our community. night, Madam Speaker. I came here to- compete with subsidized crops from the We used to have over 4,500 jobs. It’s lit- night just to kind of have a dialogue United States. Many farmers will be tle over 500 jobs. Small businesses have for a few minutes and talk about some forced to choose between leaving their gone under because the economy has of these trade deals from the perspec- farms and growing more lucrative drug been devastated because of a trade tive of what I’m hearing back in my crops, the very drug crops that we see deal. We had unemployment that was district from ordinary people who get sending drugs up to the United States. over 33 percent. up every day, worried whether or not Free traders are going to say that de- We had individuals who are proud they’re going to keep their job. nying Colombia a free-trade package, men and women who worked in the I think we take a look at Korea. Here after giving similar agreements to its mill, made good wages, good health we have a trade deal that they are ask- neighbors, will destabilize the Colom- care benefits, they ended up on the ing us to take a look at and support. bian Government and give a victory to food line. They are so many people that 700,000 vehicles entered this country Hugo Chavez. They are going to say went to the food bank that actually from Korea, yet our automobile manu- that it sends a terrible message to an the food bank ran out of food. The facturers were allowed, allowed to ship important ally that we still regard Co- whole State chipped in and brought 2,500 cars to Korea. Now, someone tell lombia as a pariah state. food, churches, communities through- me if that’s remotely close to being a They’re going to say that if the out the State to help the devastation. fair trade deal. worker and environmental protections And it doesn’t end there. If you go 30 I don’t have a problem in the world were good enough for Peru and Pan- miles south, another mill had closed its with saying to the Korean government, ama, why not Colombia and Korea? doors. Another 30 miles south of that, look, I’m not asking for 700 to 700,000. Here’s the bottom line. The Peru and another mill closed its doors because of But when we are only allowed to bring Panama Free Trade Agreements are trade. in 2,500 vehicles, compared to import- slippery slopes to more downward pres- Yes, they are getting trade assist- ing 700,000, that trade deal is dead on sure on wages and benefits, both here ance, but they want their jobs. And arrival as far as I’m concerned. and abroad. Plus, if you look what they’re doing what are they getting trained for, if You want to hear the surest sign that to our beef production and in terms of there’s no jobs to get trained? the Bush Free Trade Agreement is importing beef from this country, that So this definitely has caused a huge flawed? He couldn’t even pass them issue is basically dead. Oh, they say problem, these bad trade deals in the when his own party was in control of they’ll talk to us about it. But talk is State of Maine, and people are upset, the Congress. The Peru free trade cheap. And the reality of it is we have and rightfully so; and that’s why it’s agreement was signed in April of 2006, yet seen this government be able to important for this Congress to get off and yet the White House couldn’t get move on a trade deal that makes any that slippery slope and head for a new the Republican majority to move it. sense. Some might say, we can’t afford not direction, start a new direction; and You look at Colombia. I was at a to sign free trade agreements. After that new direction is changing that trade press conference the other day on all, they say, globalization is here to flawed trade policy. Colombia. As you know, as my friend stay. Trade and globalization are here And I agree 100 percent, it’s more from Maine knows, Madam Speaker, to stay. The question remains, how- than just a couple of Band-Aids. We I’m a union member, president, former ever, can we make them work for have to look at the broader aspect of president of my clothing and textile working families? And I say, yes, we trade. worker local. can. And I really appreciate your ongoing If I had been as vocal for my union in Trade can benefit our economy and commitment to do what’s right for the 13 years that I served in that ca- the economist of our trading partners. workers, to do what’s right for small pacity in Colombia, I probably would We can negotiate deals that create new businesses in this country, and it’s the have been shot. We’ve had thousands of markets, bring new jobs and new pros- humanitary thing to do as well. So people who have been murdered, im- perity. We can achieve significant new thank you very much, Representative prisoned, tortured. This is a govern- foreign market access and reduce our SA´ NCHEZ, for your leadership in this ment that we’re supposed to do busi- trade deficit. If we stand united for issue, and I’ll look forward to working ness with. We’re supposed to trade. working Americans, we can deliver a with you as we move forward to deal Here we are, the United States, real new deal on trade, not warmed- with these trade issues. greatest democracy on this planet, and over promises masquerading as caviar. I now would like to recognize a gen- they want us to fashion some type of a Minor adjustments to the NAFTA- tleman who I’ve really got to enjoy in trade deal with a country that has style deals are just not good enough. this Congress, a gentleman who has paramilitary people go out and assas- No more agreements based on the really been a strong advocate for our sinate trade unionists and their fami- failed NAFTA model, no more Fast veterans, who definitely has been a lies. We can do a lot better than that. Track promotion authority. We cannot leader in that area on the Veterans Af- I notice the President of Colombia give this administration, or future fairs Committee, but also a gentleman was here just last week, and I echo my ones, a blank check on trade deals that who is extremely interested in the colleague, Representative devastate our communities at home. trade issues, knowing what trade has SCHAKOWSKY’s remarks, Madam Speak- I urge my colleagues on both sides of done to his State in Illinois, Congress- er, when she said to President Uribe in the aisle to get off that slippery slope man PHIL HARE. her remarks saying, come back in a and get on the new path toward trade Thank you for coming to the floor year. Come back in a year and prove to that promotes development and pros- this evening. I look forward to hearing this Congress and prove to the Amer- perity for all, not just for the wealthy your remarks as they relate to trade. ican people that you’re serious about few. Mr. HARE. Thank you very much. these violations; that you’re going to And I thank my colleague, a real And I thank my friend from Maine for prosecute more than 39 people, which is leader on this issue, Mr. MICHAUD, for his leadership. And as you know, all that’s been prosecuted under this yielding me time. you’re my subcommittee chairman on government. Mr. MICHAUD. Thank you very Veterans Health. And you lead and you My colleague from Maine mentions much, Representative SA´ NCHEZ. And do a wonderful job on that committee. the loss of textile jobs and paper jobs

VerDate Aug 31 2005 05:05 Jun 12, 2007 Jkt 059060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.061 H11JNPT1 bajohnson on PRODPC60 with HOUSE H6216 CONGRESSIONAL RECORD — HOUSE June 11, 2007 and steel jobs. I talked to one of my Instead, we outsource their jobs. We to look at the whole picture. So I say friends, Representative BUTTERFIELD, give them a Trade Readjustment Act this to Dave Bevard and to those peo- and he had, at one time, in one county, that isn’t really worth the paper it’s ple who may be watching tonight, from in one county in his Congressional dis- written on in the final analysis. It this freshman’s perspective, and I can’t trict, he had 10,000 textile workers in doesn’t nearly make it up. thank Congressman MICHAUD enough one county. I said, how many do you Now I want to say one thing about for his leadership on this. I met him have today? And he said, I have zero. that before I just conclude here. Some when I was running for Congress, and I They’re all gone. of the workers at Maytag were told, remember one phone call I made to We can do a lot better than this. My well, we know you’re losing your jobs him when I was a candidate, and one of basic question to those people who to Mexico, but here’s what you should the first questions he asked was, want these trade deals is just simply do. Go into a thing like health care. ‘‘Where are you on trade?’’ And I told this. I understand the environmental Growing field. My colleague from him and he said, ‘‘What can I do to and the labor standards, and I think Maine and I probably ought to take a help?’’ And he has been a wonderful those are good frameworks. What I look at that maybe some day. leader on this issue. want to know is, in every trade deal, But they were told, you need to get And this battle will go on. This hour what is the ramifications for our man- into a growing field like health care. will end, but the battle will go on. And ufacturing base, for our workers and So 300 workers, displaced workers at I am not giving up, and the people that for our farmers? Maytag did just that. That was the believe that our manufacturing base I think it’s a fair question to be able good news. They went to school for a can be saved, we are not giving up. I to ask anybody. When I do, I’m told by year. The bad news was, there was only am going to support the Patriot Cor- some folks, well, we’re going to redo room for 30 of those workers, 30 of poration, which helps keep American the trade readjustment for those folks those workers to continue in jobs here and stops giving tax credits who lose their jobs. practicums so that they could practice to companies that outsource overseas. That’s little comfort to somebody medicine. I want fair trade. I will vote for any like Dave Bevard from Galesburg, Illi- So what was the response to those 270 trade deal that comes down as long as nois. 32 years at Maytag. His wife has people who were left out? it meets the criteria that it stands up cancer. Health care runs out. Have you thought of going into cos- for ordinary Americans. And one person suggested that I go metology? With that, I am just honored that I back and talk to Dave Bevard and ex- Well, that’s a wonderful thing. That’s was allowed to participate this plain to him, if you can believe this, a great way to treat workers. evening. Thank you, Congressman Madam Speaker, I’m supposed to ex- No, they don’t think about cosme- MICHAUD. Mr. MICHAUD. Thank you very plain to Dave Bevard that there’s cur- tology. What they think about is what much, Congressman HARE. I really ap- rency manipulation in China that’s should have been and what could have preciate your leadership in this whole causing some of these problems. been. What should have been was this trade debate. It is very important, very And I remember saying to that Mem- Congress, this House, should have said ber, well, when I do, when I go to valuable that we hear freshmen class, no to NAFTA. and the freshmen class has definitely Galesburg and say that to Dave Bevard, And when it did say yes, and I wish I been pretty vocal on the trade deal. I’d better be putting a catcher’s mask was here, I could have voted against it, As I mentioned earlier, if you go any- on because I think I’m going to get should have had a moral obligation to where in my district, you will see a lot poked. We can’t talk to our workers say to those workers, we’re going to do of abandoned mills. What used to be vi- like that, justify this. Currency manip- everything we can to help you hold on. brant, a lot of workers working there, ulation. But it didn’t. they are no longer there today. I’ll tell you why Dave Bevard lost his And I am saddened that some Mem- The other issue that is very impor- job; I’ll tell you why Maytag went to bers in my own caucus think that tant, and Congresswoman SA´ NCHEZ ac- Sonora, Mexico, because this Congress, every trade deal that comes down is tually touched upon it, is immigration. under NAFTA, that passed NAFTA, something that we ought to take a I know the Senate has been talking helped those jobs to go to Sonora, Mex- look at. about immigration quite a bit. We will ico, Madam Speaker. They outsourced Let me suggest this, and I will close be talking about it soon. But before I those jobs, and this from a company by saying this. I ran on this issue for vote for any immigration bill, I will that took $9 million in Illinois tax- the United States Congress. I talked look to see if they are taking care of payers’ money; and the workers gave, about it every candidate forum I had. I the fundamental problem in immigra- not one, but two wage concessions. had four opponents in the primary, and tion, and that problem is trade. And guess what? The people in So- I ran on this issue of trade. If you look at the reasons why a lot nora, Mexico can’t afford those refrig- b 2015 of undocumented immigrants are com- erators that they’re making. In fact, ing from Mexico to the United States, they’re coming across the border ille- I said I will support trade as long as they are coming across the border to gally because they’re not making it does not outsource our manufac- get a job. And the reason why they are enough money at that factory. turing base and that American agri- coming across the border to get a job is So to my friends at Maytag I would culture has a seat at the table. I won because they are living in substandard say, thank you for nothing. that primary, and I went on to the gen- conditions in Mexico. Look, I’m a card-carrying capitalist. eral election, and I ran against some- Let’s go back a few years to when I’ve said this many times, Madam one who supported NAFTA, who sup- NAFTA was passed. One of the argu- Speaker. I want to see businesses make ported GAT, CAFTA, supported all ments why we should pass NAFTA was money. But I also want to see a system these Bush trade deals, and I walked because all boats will rise here in the of fairness in this whole trade thing. out of that election with 57 percent of United States and in Mexico. And by I think it’s the minimum we can do the vote. Part of that, I believe, is be- raising the boats in Mexico, the work- is to expect this Congress, that when cause the people of the 17th District of ers that come across the border ille- we negotiate a trade deal, and when Illinois know what it is like. I had six gally will stay because they will have we’re looking at a trade deal, is to clothing and textile plants in my dis- their jobs, they will earn good wages, stand up for those very people whose trict. I have three with one ready to and there is no need to come across the jobs are on the line. go, soon to close. border. As a matter of fact, at the time These are veterans who fought and I say, as long as I am in this Cham- Madeline Albright made comments and defended this country. These are people ber, and I don’t know how long that encouraged Congress to support who want to put their kids through will be, I am not going to vote for a NAFTA because it will help solve our school. They want to see their kids get trade deal that will outsource one illegal immigration problems, and she married and be able to afford a home. American job, that will take one farm- went on to say if it doesn’t solve them They want to spend some time and be er for granted, that will tell people you or help solve them, then we know it is able to retire with some dignity. really don’t matter because you have a failed policy.

VerDate Aug 31 2005 07:14 Jun 12, 2007 Jkt 059060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.062 H11JNPT1 bajohnson on PRODPC60 with HOUSE June 11, 2007 CONGRESSIONAL RECORD — HOUSE H6217 Well, it is a failed policy. It hasn’t with Jordan that was entered into by Well, those politicians who think this helped. It has gotten worse. And this is this country, and there were many who is a good system that we have going something, when we talk about immi- support fair trade, like Mr. MICHAUD should visit Ohio’s 13th District. Come gration, we have to make sure we take and Ms. SA´ NCHEZ and Mr. HARE and me. and see the places that I have the care of that fundamental flaw, and that Of those who support fair trade, some honor to represent because a lot of peo- is with our trade deals. If it means vot- of them saw fit actually to support ple there are hurting from the failed ing against the rule when immigration that free trade agreement with Jordan trade policies that have been thrust comes up, I am prepared to do that be- because it had environmental and labor upon them. Ohio has lost 200,000 manu- cause this issue is so important that standards in the agreement. facturing jobs since 2000. Communities we need to change the direction. We Well, what we saw is that despite have been hurt and families struggle. have got to get off this slippery slope if those standards, under this administra- Futures have been destroyed. There are we are going to make this country con- tion, despite records indicating docu- kids out there who will not go to col- tinue to grow. mented cases of child sweatshop labor, lege. There are families out there It is now a great pleasure to intro- among other things, there was no en- where health care needs are not being duce a colleague of mine who is very forcement of the standards. So the fact met. And it is directly related to our familiar with labor issues, who is defi- that they are going to be on paper but failed trade policies. And unless we nitely taking on a leadership role, not enforced really isn’t what I believe make meaningful changes by enacting the American people had in mind when along with Congressman HARE from a truly new trade model, we can’t re- they voted, and I certainly don’t think Ohio. Congresswoman SUTTON has been verse this downward spiral. it is all that we need to be doing in a true leader. So while it is encouraging that these Congress to fix our broken trade sys- I really appreciate very much, con- two free trade agreements seemingly gresswoman, all that you have been tem. Now, in an effort to shut down the provide for the possibility of stronger doing. You are a tireless advocate for labor and environmental standards, working people here in this country, debate, oftentimes those who are bene- fiting under the current trade system any enforceability, as I said, relies on small businesses here in this country, the Bush administration, and it ap- and I really appreciate the way that characterize those of us who are seek- ing to fix it as protectionists. They in- pears that it may be a paper victory to you have taken on this leadership role, have those standards in the agreement and I look forward to continuing work- sinuate that we are really against trade and don’t understand the reali- even if they find their way into the ing with you on issues as it relates to core part of the agreement, which we trade and other issues. ties of globalization. Well, that is in- are not certain that we will actually I yield to the gentlewoman. correct. This isn’t about being pro- Ms. SUTTON. Mr. Speaker, I thank trade or antitrade. It is about the rules see. the gentleman for yielding. of trade and ensuring that they are fair One more thing or, I guess, it is the First of all, I want to thank my col- and enforceable. We need a trade model overarching thing: The Constitution of leagues Mr. MICHAUD and Ms. SA´ NCHEZ that truly allows fair competition be- the United States rests responsibility and Mr. HARE. You have been leaders in cause we know that if provided that op- for trade with the United States Con- this fight for a new U.S. trade policy portunity, we will excel in the global gress. I think that we head down a slip- for many years to benefit and to help marketplace. And that is the trade pery slope as we continue to cede re- our working men and women, our busi- model that we are fighting for. We are sponsibility to the President for trade. nesses, and our communities, and we fighting for a trade model that will not It should be understood, as was re- appreciate your efforts. On behalf of reward companies for moving overseas flected in our recent elections, that the people of the 13th District of Ohio, or outsourcing jobs and will put an en- Congress must reclaim its constitu- I appreciate your efforts working to forceable end to illegal foreign sub- tional authority and responsibility and craft a new trade model that won’t sidies and currency manipulation. We stop ceding its responsibility to the leave our businesses and our workers are fighting for a policy that will pro- President. It is our job to ensure a vi- at a disadvantage. vide incentives to help our businesses, brant and fair trade policy, and we And, frankly, last November in the workers, and communities thrive that have to focus our attention on this election, the American people cast will require reciprocity of market ac- task before it is too late. votes that reflect their desire to put an cess and ensure products produced else- So the inclusion of labor and environ- end to the flawed trade model that has where are safe for consumption here. mental standards on paper, okay. But, had a devastating impact on our fami- Now, we agree that we must invest in truly, the American people expect lies and businesses and workers and new technology, innovation, and work- more. Our needs are much greater than farmers and communities. force development, and we have to in- that. And we must develop a new trade And yet we recently heard about a vest in research and development. But model that is enforceable and com- new trade deal, and it has been men- it is not an either/or proposition. Un- prehensive, not just on paper but in re- tioned here today, revolving around less we also develop a new trade model, ality. And we have to do it imme- the Peru and Panama Free Trade our workers, businesses, and commu- diately to keep the faith with the Agreement. And that recent deal be- nities will continue to be unfairly un- American people. tween some congressional leaders and dercut, and we see that reflected in our b 2030 the Bush administration seemingly soaring trade deficit. provides that labor and environmental So why is it that the Bush adminis- With that, I yield back to the gen- standards will be added to those two tration and many Members of Congress tleman from Maine. free trade agreements. However, short- find it acceptable that other nations Mr. MICHAUD. Thank you very ly after that announcement was made, engage in unfair trade practices at the much, Congresswoman. reports indicated that those standards expense of those who toil here, whether I can see from your comments and might be put into side agreements or it is a lack of meaningful and enforce- from hearing your voice that you truly side letters, and those statements were able labor and environmental stand- care about the people in your district. made by those who represent the mul- ards or currency manipulation, tariff And that’s what I think has been miss- tinational interests who have been ben- and nontariff barriers, value-added ing in this debate from some of our col- efiting under our current failed trade taxes, and we could go on and on about leagues on both sides of the aisle. Some policies. And they have boasted also the tactics that are used and keep our think, yes, we have a trade deal; if you about how those standards would not businesses and workers at a disadvan- don’t like it, vote against it. Yes, be enforced. And based on this adminis- tage? But for some reason it seems that’s the easy way out. What a lot of tration’s abominable record on enforc- that there are those in Washington our colleagues do not understand is ing free trade agreements, I think we here who seem to believe that we can just what you have mentioned; these can all agree that that is what will continue our current trade policies and are people’s lives. You’ve seen it first- happen under this administration. that other countries will change. But hand, Congressman HARE has seen it It has been mentioned here today why would they? It is working for firsthand, I’ve seen it firsthand, where that there was a free trade agreement them. Just look at our trade deficit. people who have lost their jobs, who in

VerDate Aug 31 2005 07:14 Jun 12, 2007 Jkt 059060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.063 H11JNPT1 bajohnson on PRODPC60 with HOUSE H6218 CONGRESSIONAL RECORD — HOUSE June 11, 2007 a lot of cases are up there in age, 50, 55, there are those large corporations who all very much in support of environ- 60, that now have to change their lives, have operations in India and China. mental and labor standards. But when they have to try to get retrained, try These trade deals are nothing but a we know that they are not going to be to find another job. In the meantime, I bottom line for them, but that bottom enforced and they are then just going know in my district, where we have line for some of them could ruin this to result in two more trade agreements over 33 percent unemployment, we country. that will result in more jobs being lost have seen alcoholism and rape in- We are heading for a perfect storm. in this country, it doesn’t really seem crease, divorce increase. The fact that We have the largest budgetary deficit like the right place for us to be focus- students at high school, their dreams in our history. We have the largest ing when we have such a short window were shattered because they no longer trade deficit in our history. We cannot of time. had the means to further their edu- sustain that type of deficit, either Again, you point out some very im- cation. We actually had a high school budgetary or trade, if we are to main- portant pieces of legislation that are in my district where the senior class tain our status, if we are to be a world pending here in the House, including did not know whether they were going leader. That is why it is very impor- the Currency Manipulation bill that to be able to graduate or not because tant for the American people to de- Congressman RYAN and Congressman the mill that closed its doors paid 80 mand that those who are running for HUNTER have sponsored and I think we percent of the tax base, which they had higher office, whether it’s Congress or are probably cosponsors on. That is an not paid, so the accreditation was in the Office of the United States Presi- important place that we could be focus- jeopardy. dent, they have to demand to know ing on that could make an important These issues are extremely important where they stand on these issues and be difference in the very near future if we to each and every citizen in the State held accountable. Because so far, from could enact. of Maine, whether you’re a Republican, what I have seen, there hasn’t been The value-added tax, a similar situa- Democratic, green or independent. But much leadership in that particular tion. We could be focusing, as Congress there are also issues that are issues we area. is responsible for trade, on these mat- have to deal with collectively, they’re If we are going to fund education, ters that would really make a dif- not Republican issues or Democratic health care, issues with childcare, tak- ference in the way trade plays out for issues. No one is to blame. I think ing care of our veterans, maintaining the people who we represent in this there is plenty of blame to go around. our super power status of military, we country. I think that that would be a Actually, it was a Democratic adminis- have to have an economy that allows much better focus than to continue to tration that brought us NAFTA. Now us to do that. We cannot have that cede responsibility to this administra- it’s a Democrat-controlled House and economy if we continue to outsource tion. Senate, that hopefully we will change our jobs overseas. It is a critical time. I know that the the model. And that’s what it is about. I yield to the gentlewoman. people back in Ohio are counting on us. And you hit the nail right on the head; Ms. SUTTON. The gentlewoman’s And Ohio is going to be in the center of it’s not about being protectionists, it’s points are well taken. the storm, if past history is any indica- about how do we want that trade model I am glad you brought up the issue of tion, in these upcoming presidential to look. how far-reaching the effects of our elections. And this is an issue, I can as- I hope that the presidential can- failed trade policies go. I mean, the re- sure you, that will be front and center didates, as they go around this coun- ality is that when we lose these jobs in the minds of those people in Ohio as try, will start talking about trade. I due to our broken trade system and the it was last year when they cast their am very pleased with a couple of the unfair trade policies that others pursue vote. House Members, Congressman and we don’t stop, what happens is our With that, I will yield back to my KUCINICH, Congressman HUNTER, a Re- communities sometimes crumble be- good friend from Maine. publican, who has been very vocal on cause when those employers pull out Mr. MICHAUD. Thank you very China currency manipulation. He has and the jobs are gone, the tax base is much. This is, as you said, a very im- legislation dealing with China manipu- gone. And then the city can’t deliver portant issue. And we are on a slippery lation, along with Congressman RYAN. services, our schools can’t fund our slope currently. Congressman HUNTER also has bipar- education for our children. So it has When you look at Fast Track, Con- tisan legislation with myself and Con- these multiple ill effects that are set in gress is giving up our responsibility as gressman PASCRELL, who is a lead motion. elected officials, as a co-equal branch sponsor, on the value-added tax. He is You also raise a really important of government if we pass Fast Track. out there, out front. point, and I think it’s worth empha- Congress has no ability to amend trade I want to know where the other can- sizing. Oftentimes, Congressman deals under Fast Track, and I think it’s didates are standing because this up- MICHAUD, when we have these discus- taking the easy way out. I do not be- coming election is going to be ex- sions about trade, they like to say this lieve that Fast Track should pass. I tremely crucial to where this country is about business versus workers. And will oppose Fast Track because it is is heading. We have a lot of issues we as you rightly point out, of course, the not a good deal for Congress and it is have to deal with, the value-added tax, U.S. Business and Industry Council has not a good deal for the American peo- currency manipulation. When you look been saying much of the same things ple. We have to look at how we can at the whole patent issue, what’s hap- that we’ve been saying here on the change that model. pening with that. We have a huge trade floor because they know that the win- We have talked, I heard earlier, imbalance. How are we going to bring dow is closing, that there are many about the issues of training. Well, if that trade imbalance back into line? who want to literally ‘‘make it in you look at what happens when a mill That’s why, Congresswoman SUTTON, I America,’’ but because of the policies shuts down because of unfair trade am very pleased to work with you be- that we have in place, it is becoming deals, yes, they do get training, as I cause we’re not only working as Demo- all but impossible for them to do that. mentioned earlier, but what are they crats, we’re working with our Repub- Once that window closes, I don’t know going to train for, particularly when lican colleagues across the aisle, we’re how we get it back. So, we cannot you have mill after mill after mill working with environmental groups, allow that to happen. close because of trade deals, there’s not labor groups. The business community, On that point, I think that while we much you can train. But also, when the United States Business and Indus- are sort of focused on this new deal you look at some of the benefits and try Council, which has an association about the Peru and Panama Free Trade some of the problems we have seen be- of small manufacturing businesses here Agreements, which of course represent cause of mill closures. In the Katahdin in this country, has been very vocal on a very, very small, minute portion of region, where I am from, when the these trade issues, which is important trade with this country, we are focused mills shut down, a lot of individuals ac- because you have that business com- on that and the fact that there will be, tually had to tap into their 401(k) plan munity and labor working together. at least on paper, some environmental just to survive. What happens when That’s what it’s all about. Definitely and labor standards. Of course we are they file their income tax? They get

VerDate Aug 31 2005 05:05 Jun 12, 2007 Jkt 059060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.065 H11JNPT1 bajohnson on PRODPC60 with HOUSE June 11, 2007 CONGRESSIONAL RECORD — HOUSE H6219 penalized because they had to tap into comes to trade. They want to see re- us here to do something positive for their 401(k) plan. That’s unfair. That’s sults like we want to see results, and them. I haven’t met a worker yet who unjust. When they applied for unem- hopefully we will see results in this up- said, could you do me a favor, PHIL? I ployment, guess what? They’re taxed coming debate on trade. hope you do the best you can when you on their unemployment. Now, if you And there are some issues we can do get out there to make sure I can get want to talk about giving tax breaks to right now without trade deals. We can some TRA funding and lose my job. anyone, it’s those who are unemployed pass the Currency Manipulation deal- People want us to stand up for them, who actually should have the tax ing with China, that can be done right and that is what we are here tonight breaks. now. We can pass the value-added tax for. You look at what has been talked issue, that is a disadvantage to busi- I want to commend the Congress- about earlier as well, the labor and en- nesses here in this country. That def- woman from Ohio, BETTY SUTTON. She vironmental standards that they say icit alone is I believe $379 billion, a tax has been a tremendous force in this will be part of the cortex on Peru and that is affecting companies here in the issue of bringing it forward, staying Panama, that is yet to be seen. I think United States. with it and not being afraid to take we have seen articles in the paper b 2045 some lumps, because sometimes we can where the administration is starting to do that in this business. slip out of that deal to try to conjure That is not fair. We have to deal with But let me tell you, this issue that up some other deal and say, well, we that. we are talking about this evening is will put it in the side room and what Madam Speaker, I yield to the gen- one of the most important issues this have you. So it will be interesting to tleman from Illinois. country faces. We are going to be at a see what they finally come up with. Mr. HARE. Madam Speaker, the crossroads with these trade agree- But no matter what you do on labor point is, if we’re going to trust this ad- ments. We can either decide to stand standards, when you look at the Co- ministration to enforce labor standards up and be counted, or we can stand lombian trade deal, some of our col- and environmental standards, this is aside and watch these jobs go and be- leagues say well, there are some labor the same administration who hasn’t moan the fact that they are gone down violations. Well, I like the way that even administered our own National the road and try to solve this by throw- they talk about ‘‘some labor viola- OSHA program and has had one OSHA ing some money at a TRA program tions.’’ They are talking about assas- standard that they had to enforce, and that not only needs to be reworked, it sinations of trade activitists. That’s that was because this administration needs to be reworked because it isn’t more than just a labor violation. And was sued to get it. working, and it hasn’t been working to say that well, we will put the stand- I would hope my colleagues wouldn’t for a long time for American workers ards in the trade deal, that is not going just listen to us this evening. I would who have been displaced. to solve the problem. hope they would listen to the American I just want to close by saying this to- I met with the President of Colombia people. Poll after poll say, if the Amer- night: I am for trade. I have said it be- and I told him right up front that I ican people are asked across the coun- fore. I am for any type of a fair trade want to see results before I support try, north to south, east to west, they agreement that works. But I will not anything. I don’t want to see more ver- are asked about these trade deals, the vote for a single piece of legislation biage in a trade deal to say that they American people want to see that that comes to this floor that will will take care of the problem. If they American workers have a right to be outsource one more job, not just from want to stop these assassinations, they competitive. the 17th District of Illinois, the 13th can do a lot more than what they are I wrote down a list of some things: District of Ohio, a district in Maine. doing currently today. I met with sev- Steel, televisions, camcorders, cloth- But from Maine to California, we eral elected officials, individuals from ing. The list goes on. It isn’t that we have a responsibility. I am here be- Colombia, on a couple of different occa- don’t have the workforce that can cause of the working men and women sions. And when you look at how some manufacture and make these things. of my district. I am going to do the of these people are being assassinated, They were quality products for years very best I can. And I will tell all of on two separate occasions, with other and years and years. Unfortunately, we them that are watching, I would en- Members of Congress, when I was talk- have had a Government that felt that courage them to talk to their Rep- ing to these individuals, what they it was okay to take those jobs and to resentative and to try to tell them just have done is to set an example of some- move them out. how important this issue is and what is one who is a union activist. They have I would also remind some of our col- at stake. actually beheaded them in front of leagues that not every person that gets Let me again thank my colleague their neighbors, to set an example, and out of school wants to sit behind a from Maine for his leadership on this played soccer with their heads. And computer terminal. There is great issue. He is probably one of the most this is a country we are going to sign a strength in working as a welder. It is a forceful voices we have in this Cham- trade deal? That is outrageous, and it great task to be a fitter. It is a great ber to stand up for American working is just disgusting to see that sort of task to be able to do something with men and women. I am honored to be thing happen. your hands. God didn’t create all of us here tonight, and I’m honored to serve Before I do anything on the Colom- to sit behind a terminal. I am con- with you, and I thank the gentleman bian trade deal, I want to see the num- vinced of that, because I am computer for giving me this time. ber of trade unionist assassinations illiterate. I am living proof. I cut lin- Mr. MICHAUD. Well, thank you, very drop. I don’t want to see writing, I ing for men’s suits for 13 years, and I much, Mr. HARE, for your compliments. want to actually see results. And that know this: I know that we manufac- But we are here as a team. We are here is what is so important, when you look tured a marvelous product. I know my to do what is right for the American at these trade deals; they are affecting cutting room was outsourced because people, whether you are an employee, people’s lives. These people are more you can’t compete against 17 cents an whether you are an employer, because than just numbers on a paper. I wish hour. that is very important. some of our colleagues could really un- The unionized clothing worker back I know that you know as well as Con- derstand that. I don’t think they do. then was making a whopping $6.07 per gresswoman SUTTON and a lot in the Probably because they haven’t been af- hour when I worked in this factory. So freshman class who actually ran on fected like your district, Congressman this nonsense about American workers this issue, you have seen what it has HARE, my district. pricing themselves out of jobs because done to your districts. You have seen I think it is important for the Amer- of collective bargaining agreements, what it is doing to our country. It is ican people, also, to really focus on that dog, as they say, just isn’t going very important that those who are sit- what is happening here in Congress. to hunt. ting here get out there and talk to the Just because it’s a new Congress I would ask this body, this House, to people who have been affected by this. doesn’t mean that we are going to pay attention to what the American It is not that we have to pass trade change in a new direction when it people said last November. They sent deals because you want to be good on

VerDate Aug 31 2005 05:05 Jun 12, 2007 Jkt 059060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.066 H11JNPT1 bajohnson on PRODPC60 with HOUSE H6220 CONGRESSIONAL RECORD — HOUSE June 11, 2007 business or vote against them because One commentator looking at the tional Park System. But we also want of labor. This isn’t a business-labor record of the current Congress said to make sure that we preserve green issue. This is an American issue. It is that we are packing two days of debate and open space close to where Ameri- an issue that is extremely important if into a four-day workweek. When you cans live, in the suburbs. we are to sustain our status in the look at the record of this Congress so This act would establish new and world. We have to make sure that we far, you can see that we have taken ac- local grant programs to help protect have trade deals that are fair. It is not tion on 13 bills to name a Federal suburban open space. Without action about being protectionist. It is about building or post office or to build a by the Congress, in 20 years time, the rules of trade. That is what it is road, we have enacted five bills to ex- many of the areas where we currently about, the rules of trade. And I think it tend preexisting laws that were already see green and open space could be an is extremely important that the major- on the books or passed last year, and unending series of strip malls, remov- ity party and the minority party and we have passed eight bills cosponsored ing an ambience, hurting our environ- the rank and file Members who are by a large number of Republicans or ment and delaying our ability to take dealing with this issue look at it in a passed entirely without opposition. It effective action on global climate comprehensive manner. is not an impressive record of work so change. This legislation passed unani- We have to do several things, as I far. And when you look at the actions mously in the last Congress, but this mentioned earlier, and there is a lot we of this Congress, you can see many Congress has failed to take any action can do next week and the week after pieces of legislation on which there has on it. without any trade deal. The currency been no action in this Congress, despite One of the critical issues before this manipulation, there is legislation deal- a great need by the American people. Congress is whether to pay Members of ing with that. There is legislation in One of the key pieces of legislation Congress who have been convicted of a dealing with the value-added tax. If that passed in the 109th Congress was felony and who have lost all of their those people who are very interested in the Deleting Online Predators Act. appeals and beyond the shadow of a trade, the so-called free traders, we can This is a bill which would protect chil- doubt stand condemned before the pass these pieces of legislation this dren from online predators, especially American people, and yet still collect a month to say, yes, we are serious about those who use social networking sites pension for their service in the Con- trade, and here is a start. Then we can like MySpace.com, the number one gress. We have seen Members of Congress, start looking at some of these trade website on the planet, where the Cen- like Dan Rostenkowski or or deals that have been negotiated, the ter For National Missing and Exploited Duke Cunningham or , Peru and Panama trade deal, what has Children reports that at any one time all completely convicted by a jury of happened with Korea, and see whether there are 50,000 sexual predators online their peers beyond the shadow of a or not we should enact those. But we trying to get the attention of children. doubt, Members of Congress who lost have to start, and we have to start This legislation, the Deleting Online Predators Act, passed the House of or did not exercise any of their appeals, today. who are currently or have served in We are a new Congress, a Congress to Representatives last year by a vote of jail, and yet today or in months past which the American people said that 410–15. It stalled in the Senate, and as have collected their congressional pen- we want a new direction in this coun- of yet in this Congress there has been sions from the jailhouse ATM. try. And we have to give them the new no action whatsoever. In 1996, the Congress passed com- In the last Congress, we also passed direction that they want, because I can prehensive reforms to kill the pension the Student and Teacher Safety Act. guarantee you, in this upcoming elec- for any Member of Congress convicted The Student and Teacher Safety Act tion cycle, if we do not make changes of any one of 21 separate public integ- was endorsed by the National Edu- in how we deal with the trade issues, rity felonies. It was a bipartisan vic- cation Association and would say that we will be on a slippery slope. I don’t tory, with the full support of Speaker for any registered full-time teacher in want that to happen. HASTERT and Speaker PELOSI. This leg- America, that they have complete dis- I think the American people deserve islation, once again, was delayed and better. The American people deserve cretion to search a book bag or a lock- killed in the United States Senate. better, and the business community in er to make sure that the classroom was Today we have seen Members like this country deserves better. Hopefully gun-free. As a former teacher myself Congressman JEFFERSON from Lou- we will be able to give them that. and as someone who has worked with isiana, indicted on 16 felony counts, Once again I want to close by thank- many teachers, I think it is appro- and, but for this legislation, would ing you very much, Congressman HARE, priate for the Congress to use a teach- have a right as a nine term Member of for your strong leadership, and you, er’s full-time professional judgment to Congress, if convicted and if losing all Congresswoman SUTTON, both in the make sure that their classroom, their of their appeals, to collect a $50,000 a freshman class. You’re a breath of workplace, was a safe place to be, not year pension, even if convicted for be- fresh air here in this Congress. I look just for teachers, but especially for traying the very taxpayers that pay forward to working with you as we children. that pension. move forward in this debate. When we have seen attacks in places b 2100 f like Winnetka, Illinois, or Columbine, or even Virginia Tech University in The Congress in February passed THE SUBURBAN AGENDA Blacksburg, Virginia, we can see that very limited pension reform legislation The SPEAKER pro tempore (Ms. there is a need to fully empower teach- which wouldn’t kill the pension for a BERKLEY). Under the Speaker’s an- ers with the right to search to make Member of Congress on conviction of 21 nounced policy of January 18, 2007, the sure that their facilities are safe. The felonies, but instead would only kill gentleman from Illinois (Mr. KIRK) is Student and Teacher Safety Act passed that pension for conviction of any one recognized for 60 minutes as the des- the House unanimously in the last Con- of four felonies. And basic felonies like ignee of the minority leader. gress, was delayed in the United States wire fraud and income tax invasion Mr. KIRK. Madam Speaker, as we Senate, and no action has been taken would still allow the payment of a con- begin the work of this Congress, we this year. gressional pension. should follow several key principles. The Congress in the last term also Despite limited action by the Con- Our first principle, which should be the passed the Open Space and Farmland gress in January both in the House and main work of this House, should be fo- Preservation Act. We have seen Senate, legislation to kill the pension cused on key major issues before the throughout America, especially in sub- of a Member of Congress convicted of a country; the second principle is that urban communities, rapidly dis- felony has been completely stalled, we should be effective and enact solu- appearing green and open space. It is completely stalled in February, in tions for the American people; and the very important for us to defend the Na- March, in April, in May, and now in the third is that we should use this debate tional Park System. In fact, I think first weeks of June with no action and to build consensus to deploy bipartisan the country should set a long-term potential actions against other Mem- action on behalf of our country. goal of doubling the size of the Na- bers of Congress convicted of a felony.

VerDate Aug 31 2005 05:05 Jun 12, 2007 Jkt 059060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.067 H11JNPT1 bajohnson on PRODPC60 with HOUSE June 11, 2007 CONGRESSIONAL RECORD — HOUSE H6221 In my view, the hundreds of thou- Preservation Act. Persistence is a has done is to allow every American sands of dollars paid each year to Mem- value strongly rewarded in the United working with the opportunity to estab- bers of Congress convicted of a felony States Congress, and following on that lish a 401(k) retirement program to are a travesty and should be stopped by value, we have laid out a new suburban build tax deferred savings for their the elected representatives of the agenda for this year. The suburban families. American people to defend the tax- agenda outlines a number of key pieces Tens of millions of Americans have payer. of legislation that directly meets the now established those 401(k) programs, All of this details the lack of a sub- needs of American people in bipartisan and we would like every American to stantive agenda by this Congress which ways to make sure that we are working have a chance, an opportunity, to es- should be put before the American peo- on the key issues of the day and move tablish a 401 kids account for their new ple working on issues that they care the ball effectively, building bipartisan son or daughter, from the first day about, on key challenges before their consensus. they are born, tax deferred savings for families. As I have outlined, beyond Key items on the suburban agenda college, for the first-time purchase of a naming some Post Offices, designating include the Gang Elimination Act by home or for starting a new business. some roads, and passing legislation on Representative REICHERT, which looks This would not only help boost the which there is little to no debate, this at a key problem in the United States savings of the United States, but it Congress has not done much yet and which is of internationally connected would be a dramatic way to upgrade right now is falling beneath its poten- drug gangs representing major fran- the financial education of American tial as a great deliberative body of one chises in criminal activity, moving to children because these 401 kids account of the world’s premier democracies. the suburbs, potentially overwhelming statements would come into parents What I would like to do tonight is lay suburban law enforcement commu- and allow each one of them to sit down out a new agenda, an agenda that nities. While large cities like New York with their son or daughter and see how would be meaningful to many Ameri- or Chicago have large gang intelligence a disciplined pattern of savings and in- vestment could build a lifetime of good cans and taking on key problems be- units and years of experience in dealing habits for that child. fore them. with international drug gangs, drug One of the other pieces of legislation This action was proffered before in gangs that are now moving to the sub- is the Health Insurance For Life Act by the enactment of the suburban agenda urbs can quickly overwhelm a small the gentleman from Pennsylvania (Mr. last year which took action on a num- police force like the one in Waukegan, DENT). The Health Insurance For Life ber of key items like the School Safety Illinois, that is facing a criminal em- Act would basically look at a key prob- Acquiring Faculty Excellence Act au- pire that comprises thousands of poten- lem in today’s America which is that thored by the gentleman from Nevada tial gang members, and links to a num- the average American family, espe- (Mr. PORTER). That bill basically took ber of countries. cially in the suburbs, will have seven up the issue of Jessica Lunsford who The Gang Elimination Act calls for jobs over their lifetime, and we still was killed by someone employed by a the Justice Department to identify the have thousands of Americans exer- school who had never had a background top three national drug gangs and lay cising their COBRA rights to continue check. Despite his clear and demon- out a 4-year strategy for taking those their health care coverage. Under Fed- strable criminal record, this man was drug gangs down. This is something en- eral law if you have been covered by an allowed to be in close contact with tirely appropriate, to lay out a man- employer-provided health care plan, if children leading to a tragic result. date for whoever is our next President you lose your job, you can still con- The School Safety Acquiring Faculty of the United States to make sure that tinue health care and insurance for Excellence Act passed the Congress and we remove this threat to the American your family for at least 18 months at allowed every school in the country ac- people. your own expense. But many Ameri- cess to national criminal databases in If you added up all of the documented cans hit the end of that 18-month limit order to ensure that every activity was gang members who are in the United and they will not be allowed to have a taken to make sure that people who States, it would total the size of the safe place to cover their family with- are put in close contact with children seventh largest army on the planet. out extension of these rights. did not represent a clear and present The average gang shooter in my State The Health Insurance Portability danger to their safety. of Illinois is in the 7th grade, and this Act, otherwise known as the Health In- The Congress also took on the issue is a threat that the Federal Govern- surance For Life Act of 2007, would of open space by passing the Charitable ment in Washington can help law en- allow families at their own cost to con- Donations For Open Space Act. This forcement deal with. tinue their health care insurance so improved the treatment of conserva- A second piece of the suburban agen- there is always in a seven-job career a tion easements and other open space da is the 401 Kids Family Savings Ac- safe place for their family to be cov- donations critical to preserving green count Act by the gentlewoman from Il- ered. And there would always be an op- and open space in the suburbs. linois (Mrs. BIGGERT). We look at key tion to maintain that coverage. We also looked at the issue of helping figures like 70 percent of Americans As I mentioned before, one of the key families with expanding college costs fear it will be more difficult for their parts of our agenda is the Deleting On- by expanding permanently the charter children to remain in the middle class line Predators Act because throughout of so-called 529 college savings account. than it was for them. You have to sim- America we have not seen a reduction In my home State of Illinois, these ply ask the question: How likely or in people who would seek to use the are called ‘‘bright start accounts.’’ And how easy will it be for your children to new and powerful tools of the web and by permanently extending these tax de- afford the very house that they are the Internet, and especially social net- ferred savings plans, we helped Ameri- being raised in? working sites, to reach out and attack cans with their college savings. Access to college in our view is a children. It is already common knowl- With those pieces of legislation, and critical step to making sure that your edge through the culture, and espe- the ones I talked about earlier which children have a chance to be full and cially through shows like Dateline passed the House in an overwhelming successful members of the middle class. NBC, that we have seen repeat offend- bipartisan fashion but were killed in When we have seen universities like ers, even on the same network news the Senate, we laid out a work plan for George Washington University now to- show. the Congress strongly supported by the taling $50,000 a year for tuition, we can The suburban agenda also includes American people with overwhelming see a substantial roadblock in the way other key items. The one at the bottom bipartisan support on the Republican of the future success of one’s son or is very important for the mid-21st cen- and Democratic side. daughter. tury, and that is the Senior Safety For But as I detailed, key pieces of legis- The 401 Kids Family Savings Ac- Dignity Act. The Senior Safety For lation remain to be enacted like the count, and previous legislation mod- Dignity Act updates a set of bill of Deleting Online Predators Act, like the eled after it, would allow every Amer- rights for Americans who need nursing Two Student and Teacher Safety Act, ican to build success upon success. One home care to ensure that they main- like the Open Space and Farmland of the best things that the Congress tain their dignity. This is legislation

VerDate Aug 31 2005 05:05 Jun 12, 2007 Jkt 059060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.069 H11JNPT1 bajohnson on PRODPC60 with HOUSE H6222 CONGRESSIONAL RECORD — HOUSE June 11, 2007 put forward by Mrs. GINNY BROWN- a gold watch and they’d move on and ance that they ought to be able to, and WAITE of Florida. they’d take that health care with this is what this bill would do. It would The Senior Safety For Dignity Act is them. Now, that’s not the case. Our really, really solve one of the major very important because in our country children will have 7, 8, 9, 10 different problems that we have with working the baby boom is aging. The first baby jobs, 10 different employers and often- Americans who do indeed want to pro- boomer collects a retirement check in times having themselves as being self- vide health insurance for families. 2009. The number of retirees in America employed. So I commend you for your leader- will go from 35 million to almost 90 Mr. KIRK. One solution would be to ship on this issue and so many others. million, and the need for nursing home have the government take over every- The Senior Safety Indignity Act is care in our country will grow. We need one’s health care and to make sure we extremely important. I served in the to upgrade the bill of rights for Ameri- take action that breaks the link be- State legislature, as I know many folks cans in nursing homes because of the tween you and your physician and in- in this chamber did, and every single large expansion in capability that we sert a large bureaucracy that currently year we would hear horror stories will need in our country and to make runs the post office and now put it in about problems of health care workers sure that the quality of care is main- charge of your health care. in the nursing home or extended care tained. Many of us think that that may not facility arena. One of the experts in this Congress is be the way to go. The way to go is to And in Georgia what we tried to do my colleague, a physician and a Mem- make sure that for many Americans, was a similar kind of thing to make ber from Georgia, Dr. PRICE, who can they like the health insurance plan certain that background checks were comment on a number of these key that they’re on, and then they would available, and this would provide that issues. like to carry that through the five to kind of security and that kind of im- Mr. PRICE of Georgia. It really is a seven jobs that they will have in the portant information for individuals in privilege for me to come to the floor 21st century. the senior centers so that we know tonight and work with you, Mr. KIRK, Mr. PRICE of Georgia. Exactly. And that the folks who were going to be as- for a few moments and to explain to that hits the nail right on the head. sisting seniors and caring for seniors our colleagues here in the House and to People want to know that their health have the appropriate skills and the ap- the Speaker about the suburban agen- care is going to be consistent and they propriate background in order to do da, a very important area. I appreciate have the ability, along with their phy- that. your leadership in this area. You have sicians, to make health care decisions, Mr. KIRK. The gentleman is one of been steadfast in making certain that which is why the Health Insurance the most respected physicians here in these issues, and they may not be top- Portability Act that Congressman the Congress. The difficulty before this tier issues, they may not be headlines DENT is reintroducing is so important. country is that the baby boom began in all of our newspapers, but your dis- It makes it so, as I understand, that when the troops came home in 1945. So, trict, like my district, I have a subur- if an individual changes jobs, that for an American born in that key year, ban district outside of Atlanta, and they’re able to provide that COBRA in- you’re going to be collecting a retire- folks there are concerned about what surance for as long as needed. So it ment check in 2009 when you hit your folks all across this Nation are con- makes it so they can continue that 65th birthday. There are so many cerned about. COBRA insurance for a much longer Americans that then enter the retire- Mr. KIRK. We have seen consistently period of time, to tide them over until ment cohort and that may need nurs- that while events in Iran or Iraq, while they’re with another employer or they ing home care. That is the critical rea- issues concerning global climate can be able to provide for individual in- son why this Congress may have to change, and of course the immigration surance on their own. work on fewer bills naming post offices bill in the Senate are all front-burner It’s not the be-all-and-end-all, but it and designating roads and more on issues, but for American families, edu- is a particularly important piece of the making sure that we maintain quality cation, health care, protecting the en- puzzle that makes it so that people can senior care as the baby boom genera- vironment and saving for college are maintain their own health insurance, tion retires. important issues. and I know that you agree with that. Mr. PRICE of Georgia. I appreciate Mr. PRICE of Georgia. That really is Mr. KIRK. The need here is to re- that, and the point that you’re making true. When I talk with groups at home, move the fear that somehow a loss of a is so vital for all of us in this chamber and once we get past the hot button, job or discovery of a preexisting condi- to appreciate, and that is, that we’ve the headline issues of Iraq and immi- tion will deny Americans and their now been in session 51⁄2 months, and gration and the like, people are con- families health care insurance. What we’ve passed and sent to the President cerned about education for their kids we want to make sure is you already about 28 to 30 pieces of legislation. Al- and they are concerned about health have a right under Federal law to ex- most the majority of those are naming care for themselves and their parents. tend your health care insurance for 18 a building or naming a post office or They are concerned about security and months. Now, we’re not talking about renaming a building or renaming a post quality of life issues in their commu- extending it indefinitely, because when office. nity to make certain that there is an American reaches age 65, you’re And these issues here, if you look going to be green space and there are going to be covered by Medicare, and if down the list of those seven issues, places where can take their kids. you fall below the poverty line, you’re from the gang elimination to teacher I was sitting in my office and I had to going to be covered by Medicaid. and student safety, to other education come down and join you. These are not But for large numbers of people, espe- issues with 401 Kids Family Savings Republican issues or Democrat issues, cially looking at an unsure job market, Act or the Health Insurance Act that these are American issues. we want to have them assured by this we talked about, the Deleting Online piece of legislation that there’s always Predators Act, open space, Senior Safe- b 2115 a safe place for their family to be cov- ty Act, these are the issues that are of They’re issues that I think all of the ered. vital importance to the American peo- House can rally around. And you men- Mr. PRICE of Georgia. Exactly, and ple all across this Nation. These are tioned the health care issue, and as a that gets to the number of uninsured issues that, frankly, ought to get the physician, I understand as well as any- that we have in this Nation. There are vast majority of Members of this cham- body I suspect about the importance of 45, 46, 47 million individuals who at ber on both sides of the aisle’s support being able to provide health insurance some point during this calendar year so that we could move forward with for families. will be without health insurance. real legislation for real people. We live in a world now where jobs Those aren’t the folks that are on Med- Mr. KIRK. I take the gentleman’s aren’t constant. It used to be that your icaid. Those aren’t the folks that are point. When you look at our legislative dad and my dad and other folks, they’d on Medicare. Those are the folks that work, in 51⁄2 months, in such promise get a job and they’d be with that same are between jobs oftentimes, who are with the new Congress, what we’ve company 25, 30, 35 years, and they’d get unable to continue the COBRA insur- done, these are all great Americans

VerDate Aug 31 2005 05:05 Jun 12, 2007 Jkt 059060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.070 H11JNPT1 bajohnson on PRODPC60 with HOUSE June 11, 2007 CONGRESSIONAL RECORD — HOUSE H6223 who should be honored, but these ac- now seeing a great expansion of large there was a portion of the bill that it tions should not be the sum total of national gang franchises like the Latin would allow gang members who had what the Congress has done. Kings, like the Gangster Disciples, et been convicted of a felony, that if they We’ve named the Gale McGee Post cetera, moving into the suburbs. A sub- were found to be illegal, that they Office; the Rush Hudson Limbaugh, Sr., urban police department has far fewer couldn’t be deported; is that what you Post Office; Scipio Jones Post Office; resources than a big city like Chicago are saying? the Lane Evans, one of my colleagues and Atlanta to fight these, and so Mr. KIRK. The proposed amendment from Illinois, Post Office. All good that’s where the Federal Government would have denied any documented Americans that should be honored, but can come in. member of an international drug gang this should not be the sum total of the We’re particularly concerned about a from the chance to apply for the path- work of the Congress. gang that some Americans have heard way to citizenship that it proposed, The country witnessed a tragedy in about called Mara Salvatrucha, MS–13, and that amendment was defeated 51– Blacksburg, Virginia, with the attack which seems to be particularly violent 46. on Virginia Tech. A number of experi- and one in which there are tantalizing When we came together and proposed enced educators saw some warning clues that there may have been discus- the Gang Elimination Act, we at least signs, as we saw before at Columbine sions with terrorist organizations with looked at the several hundred thousand High School, as we saw before in the links overseas because the leaders of documented gang members in the Winnetka school system when Laurie MS–13 don’t have obviously any patri- United States and said how do we deal Dann attacked it. otic feeling toward the United States, with this problem. The Student and Teacher Safety Act and if they could link up to a terrorist Sometimes I have to have the con- is common-sense legislation that this organization for money, they would. cern that this Congress may take ac- Congress should take up. It says to any In the city of Chicago, we have now tion in which that number would in- full-time teacher, you know the warn- seen these gangs moving into places crease, making the problem even worse ing signs, you know your children that like Waukegan or Aurora or Joliet. I by action of the Federal Government. are in the classrooms, and we want to don’t know about Atlanta, but it seems That’s why I think refocusing our work make sure that you don’t have to fear like particularly appropriate when you for actions beyond naming of post of- a trial lawyer and you don’t have to see that the average gang shooter for fices to looking at how small suburban get a warrant. If you suspect that a these international drug gangs is in the communities are being overwhelmed by threat to your classroom, to your kids 7th grade. large gangs with international links, has come into a locker or in through a Mr. PRICE of Georgia. We have simi- some of whom may add to members if bookbag, and now the classroom is a lar experiences in the city of Atlanta the wrong legislation should pass the dangerous place, you have complete au- and then in the surrounding area. I Congress, that is an issue that should thority to remove that danger. don’t represent any of the city of At- be squarely put before this Congress. Mr. PRICE of Georgia. And you’re lanta itself. My district abuts the city Mr. PRICE of Georgia. I couldn’t right. The incident at Virginia Tech of Atlanta, but I have small cities, agree more, and there was such great was so astounding and so horrific for some as small as 8- to 12,000 residents. promise for this new Congress, this new all of us to witness, and our hearts and I have some as large as 80- to 100,000, majority, not of which we’re a part of, our prayers still go out to those fami- and then some unincorporated county but this new majority that was swept lies. areas. in and began in January and all sorts But I understand, as I know you do, But the resources that they have of wonderful promises about great leg- that there were individuals who were with which to fight gangs aren’t the islation and being responsive to the reticent to bring that out into the open kind of resources that large metropoli- concerns of Americans all across the before it happened, bring that indi- tan cities have, large urban areas have, Nation. And what we’ve had is a legis- vidual who apparently committed that and this bill, introduced by Represent- lative agenda that hasn’t done that. awful, awful tragedy out into the open ative Dave Weichert who himself is a And so you and I stand here tonight for fear of potential liability. hero in the law enforcement arena, inviting our colleagues on both sides of That’s no way for a Nation to live. having been the sheriff out in Wash- the aisle to embrace this suburban That’s no way for a responsible people ington State. agenda, embrace an agenda that 70, 80 to have to operate, to have to think in Mr. KIRK. With the Green River kill- percent of the American people would the back of their mind, well, can I do er. support with common-sense pieces of what’s right or do I have to worry Mr. PRICE of Georgia. Apprehended legislation that address security, that about an attorney, do I have to worry the Green River killer, and such a hero address health care, that address edu- about a lawsuit. he is, and we ought to as a House of cation, that address caring for our sen- This is the kind of legislation that Representatives and as a Nation recog- iors, that address green space. It just we, as a Congress, if we adopted these nize that this Act, this would allow po- astounds me that we can’t get that seven items, I suspect that the Amer- lice departments and law enforcement kind of support on both sides. ican people would say this is a Con- officials all across this Nation to know gress that has acted appropriately, and that there are resources being brought b 2130 we would all be able to stand proud and to bear to identify, like MS–13, to iden- Mr. KIRK. It’s okay to criticize, if we with that poster and present it to our tify those gangs that are the greatest find that in 51⁄2 months we haven’t done constituents and say this is a respon- threat to our communities, the great- as much as we had hoped. But Ameri- sible agenda for the American people. est threat to our constituents all cans, I think, at our core, look for solu- My concern right now over the next across this Nation, that there is a uni- tions. This Congress has 18 months to three weeks, as you well know, we’re fied strategy that is going to be go. So it’s not enough just to criticize. entering appropriations time. It is very brought to bear in order to make it so You then have to put forward a posi- likely that none of these things, none that we prevail in this war. tive agenda of not only saying we of them, will be even brought to the Mr. KIRK. I’m particularly worried haven’t done enough, and maybe we floor during this period of time and because in the recent failed Senate im- should not just consider 13 bills to that we’ll get bound up in the process migration bill there was an amendment name Federal property and 5 bills to of spending hard-earned taxpayer put forward to deny documented mem- extend preexisting law, but work at money, trying to be responsible in that bers of international drug gangs the these problems. Then the question is, endeavor. But these issues that are chance to enter the pathway to citizen- what is your agenda? supported by 60, 70, 80 percent of the ship that the legislation proposed. To date, I haven’t seen a comprehen- American people, we ought to be able That amendment failed. sive agenda for the other side. I know to take those off the table right away. Mr. PRICE of Georgia. This immigra- that a vast majority of Republicans Mr. KIRK. I’m worried, too. The gen- tion bill that was just in the Senate and Democrats will join on this agen- tleman can talk about Atlanta. In Chi- last week, many of us had great con- da. When we look, we have a critical cago, in the Chicagoland area, we are cerns over, but are you telling me that problem with online predators, at any

VerDate Aug 31 2005 05:05 Jun 12, 2007 Jkt 059060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.071 H11JNPT1 bajohnson on PRODPC60 with HOUSE H6224 CONGRESSIONAL RECORD — HOUSE June 11, 2007 one time, 50,000 online predators con- to make sure that I know who is trying into adjuncts of the Ethics Committee, tacting kids. There are hundreds of to contact my young, minor child, and because they are worried about their contacts in each month, in my own then to make sure that there are pro- future retirement income. That’s as it congressional district. tections at school and in libraries. In should be, keeping everyone on the Now, people like Julie Wachtheim, my district, we have found some preda- straight and narrow. the President of Wheeling High School, tors who are using library computers, The State of Illinois is not seen as who, minutes after putting her class school staff that were using library the cleanest State in the Union. Yet photo on a new MySpace page was con- computers to contact kids, to make even under our State law, we kill the tacted by a sexual predator using an sure that our schools do not enable vir- pension for public officials convicted of advanced search engine that obviously tual hunting grounds to find kids. All a felony, like even Governor Ryan, who showed us that he was contacting not of this is exactly what the Congress just lost his appeal to do that. just her, but hundreds of other young should work on, a new technology, I worry, though, that we haven’t girls, in an attempt to find someone. I which has an unintended effect of cre- taken any of these actions. We have am not sure if that is the case in the ating a new danger, and then Congress stalled actions on all of these items, Atlanta suburbs as well, but I think stepping in to make sure that danger is with an overwhelming number of Re- this is beginning to be a real threat to removed. We are not working on that publicans, Democrats and independ- Americans. This was not part of our right now. ents, wanting action on health care growing up. With the eight bills cosponsored by and making sure that we can afford Mr. PRICE of Georgia. No, abso- Republicans or passed without opposi- college, and so far this Congress has lutely. tion, five extending preexisting public fallen short of its potential. Mr. KIRK. The Internet was largely law or order, and thirteen to name Fed- Mr. PRICE of Georgia. Not only fall- invented in 1996 after you and I had eral property or to build a road, that en short, but I would suggest to my both completed college. But this is part action has not been taken. Action has good friend from Illinois that the ma- of our children’s growing up. I think not also been taken to kill the pension jority party has seemed to raise hiding this calls for congressional action. for a Member of Congress convicted of and decreasing transparency and ac- Mr. PRICE of Georgia. I appreciate a felony. countability in a very important area that. It’s not that the Internet is bad, We have just seen one of our col- to a huge degree, and that is the area it’s just that this is a different world, leagues indicted for 16 felonies. We of earmarks, the area of special and the Internet is now like Main have seen some of our colleagues, Re- projects, pork projects, special projects Street of 20 or 30 years ago, where you publicans and Democrats, convicted, for Members. would have to be wary of strangers, and and yet they are paid their pension by What we have just learned in the past our parents told us about strangers on the very taxpayers they have betrayed. week or so is that the Appropriations Main Street and how to deal with Mr. PRICE of Georgia. That’s the chair has said well, we won’t be debat- them. It’s much more difficult when kind of perpetuation of business as ing any of these earmarks, these spe- those strangers are able to come lit- usual here in Washington, that the cial projects on the floor of the House. erally into your own home and entice folks at home just say what on earth We won’t be debating them. What we young people who may not have their are you doing when an individual can will do is parachute them in, air drop guard up as much. be convicted of a felony, and continue them in a conference committee so We have story after story, time after to get their pension, they just shake that there can be no light, no sunshine time you will hear law enforcement of- their head. They throw their hands up on these earmarks. ficers talk about the challenges that in the air, and they say, what are you That’s the kind of priority that con- they have in even getting young people doing? Why can’t you do something re- cerns me about this majority party, to admit that, in fact, they have been sponsible, which is why this positive that they have a priority for decreas- susceptible or been approached by this agenda, suburban agenda, which is all ing transparency and decreasing ac- kind of behavior. But it is rampant out things again that the vast majority of countability for spending, but they there. It’s absolutely rampant. There is Members of this House ought to be sup- also, by the same token, will not ad- not any reason that we ought not to be porting, which is why we ought to be dress the concerns of the vast majority able to pass some commonsense legis- pushing that forward. lation like the Deleting Online Preda- I, for the life of me, I can’t answer of Americans all across our Nation. tors Act like you have introduced in why we ought not to be able to deal In the area of security, in the area of this House of Representatives, which is with these things before we launch into education, in the area of health care, in something that ought to be supported the battles over the appropriations the area of senior security, in the area by 70, 80, 90 percent of our colleagues bills. of green space in our communities, a here, something that ought to go, Do you have any sense as to why the wonderful, positive agenda that we frankly, in front of the appropriations majority party won’t allow these kinds have put before this Congress and, in battles we are about to wage over the of bills to come to the floor? fact, it’s getting no visibility here on next 3 to 6 weeks as we work as dili- Mr. KIRK. I just worry. Right now, floor of the House. gently as we can to responsibly spend the Congress took very limited action Mr. KIRK. I am just worried, too, be- hard-earned taxpayer money. But this to kill the pensions for Members of cause we have now talked about how is something that we ought to be able Congress back on January 23, but then George Washington University is talk- to coalesce behind. see stalled action. We have taken no ing about $50,000 for 1-year of tuition, Mr. KIRK. I don’t know of a single action on ethics reform, killing pen- the first university in the country to community in my district that hasn’t sions for Members of Congress con- break that mark. So you look at a 4- been touched by this tragedy yet. victed of felonies in February, no ac- year bachelor’s degree at $200,000, post What we are talking about is laying tion in March, no action in April, no tax, far beyond the ability of a middle- out a new set of rules of the road in the action in May, no action now for the class family to reach that level. 21st century to protect children, like first few weeks of June. So what should the Congress do? advising parents through the Federal You worry because senior Members of Should we have the government take Communications Commission, Federal Congress have the largest pensions, and over all college education? Should the Trade Commission, that growing up in they are in charge of this place. Why is government control prices? Should we America today means having the com- it that we are delaying action on this have more controls from the House of puter in the living room rather than critical reform? Representatives so that those who run the child’s bedroom, with a casual look I always thought that the most im- every other government bureaucracies and walk-bys by the parent so you can portant thing about such a reform is to now run every education institution in see who is trying to contact your kids. prevent crime. You know, if you kill the country? I would say no. I would Like one Pennsylvania mother said, the pension for a Member of Congress say that we have had too many short- in the 21st century I have a complete convicted of a felony, you almost turn ages and too much waste if a bureauc- right to all of my children’s passwords their family members, their spouses, racy can take control of a college.

VerDate Aug 31 2005 05:05 Jun 12, 2007 Jkt 059060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.073 H11JNPT1 bajohnson on PRODPC60 with HOUSE June 11, 2007 CONGRESSIONAL RECORD — HOUSE H6225 On the other hand, could we all join One of the great things about the years old, it gives an education oppor- together to increase savings and in- 401(k) program is that it allows, not tunity to say to your daughter, look at vestment for each American family to only, for Americans to transfer their what we’ve done in just the last year build success upon success, the 401(k) accounts between employers, but no and how much this has gone up, hoping program, by authorizing each Amer- difficulty to transfer between States. that this will set an example for the ican family the day that your son or Should not we give that opportunity to rest of her life, making sure that she daughter is born to establish a 401 kids each young son or daughter in America has successful habits to save and invest tax-deferred savings account. so that we can save and invest for col- for the future. When we look at how this Congress lege? Mr. PRICE of Georgia. What a won- can sometimes change culture, we have We know, already, with $70 billion in- derful vision and what a wonderful seen that 401(k), an obscure section of vested in HOPE scholarships or in dream. We’ve all heard the stories of the IRS code, has now become part of Bright Start accounts throughout the the entrepreneur individual with a sig- the lexicon off our country because of country, that this has been a great suc- nificant amount of resources who went how successful it is. cess. How much more of a success will into a community and said to a high Mr. PRICE of Georgia. Exactly. we have if we simply gave the full na- school or a middle school class that Mr. KIRK. We had a time, probably, tional charter to 401Kids accounts. I normally wouldn’t necessarily have the when there was a good cigar salesman come out of a military background, if resources to go to college, any of you out there that made it de rigeur that you are transferred, or you are part of that complete your high school edu- every young father would buy cigars a large organization, you may live in cation in a way that would allow you for everyone when they had a new several States and have the ability to to enter a college, I’ll fund that college child. That is probably part of the 20th fully transfer these amounts in a na- education. This would transfer that, century and not part of the 21st cen- tional program, bottom line, to make and those kids then do extremely well, tury. sure that there is much more money so much better than their peers in So what is it that we can do that be- available for your son or daughter to other classes who haven’t been given comes part of the cultural experience that assurance. of every American when their son or be in college. Mr. PRICE of Georgia. Absolutely. This is the kind of program that daughter is born? One of the things we What a great template to use. What a would give that assurance to every can do is pass this bill so that every young child all across this Nation, to dad on their way home, or mom, if she wonderful model with the 401(k) pro- allow their parents to be able to put is so inclined, can stop by some sort of gram, which is familiar to millions, aside a little bit of money, a little re- financial institution or a savings and tens of millions, if not over 100 million sources over the lifetime of their child loan or a credit union, and establish a Americans, who have some type of 401Kids account for their son or daugh- 401(k) program. They understand how so that they can then afford the college ter. simple it is, how easy it is, how almost education and open the dreams for each Mr. PRICE of Georgia. Wouldn’t that painless it is to be able to plan for the and every child. be wonderful. What a grand legacy. The future to put that money aside, and to Mr. KIRK. Just to sum up the key bill you are referring to is H.R. 87, pri- have a vehicle that models itself off of principles that I think we should fol- mary sponsorship by JUDY BIGGERT. that, after that, as the 401Kids program low, this Congress, this House should It’s something that’s near and dear to would do, to allow moms and dads all work on the major issues before the our hearts in Georgia. As you may re- across this Nation to be able to put a American people and especially their call, Senator Paul Coverdale, the late little money aside on a regular basis. families, Number 1. Paul Coverdale, served in the United When Junior grows up, they will recog- Number 2, we should take effective States Senate. One of his goals was to nize at the age of 15 or 16 that he or she action that enacts solutions to prob- make certain that there was an ability indeed will be able to have the ability lems that American families face. by all families to be able to afford a to go to the college of his or her choice And Number 3, that we should work college education for their children. He and realize their his or her potential to build consensus to sustain bipar- fought as hard as he could during his and their dreams. tisan action. We should not operate tenure in the United States Senate to Mr. KIRK. We have now seen also this House in a way that, as one person make certain that happened. with the 401(k) program a change in said, packs 2 days of debate into a 4- This is an extension of that. This is a how Americans look at the economy day work week; that this House can do wonderful, would provide a wonderful for the future. There was a time in much more than name Post Offices or opportunity for families to put aside a which most Americans owned no stock designate roads; that we are here not little money in a tax-free mechanism and saw the New York Stock Exchange just criticizing, we’re laying out an to be able to cover college education or the other exchanges as something agenda that, based on the last Con- for their children. far away, not part of their lives, and gress, we know an overwhelming num- Mr. KIRK. In the State of Illinois, maybe for rich people only. ber of Democrats and Republicans will under section 529, which is a charter The 401(k) program changed all of join, like the Deleting On-Line Preda- that allows States to set up college that. tors Act that passed 410–15; like the savings program, we call them Bright Student and Teacher Safety Act en- b 2145 Start accounts. What does Georgia call dorsed by the National Education Asso- its college saving program? And so now we have tens of millions ciation that passed unanimously; like Mr. PRICE of Georgia. We have the of Americans who are investors, and the Open Space and Farm Land Preser- HOPE Scholarship savings plan in changing that one cultural attribute vation Act that also passed unani- Georgia, which is remarkably success- that we maybe shouldn’t have, which is mously. ful. But there is no reason we ought looking too much for the short term, If we can join together on these not extend it because what we provide and helping the whole country change items, key pieces of legislation, al- in Georgia is you can’t use that money into a new investor mentality, to in- ready bipartisan cosponsors laid out, I out of state. vest for the long haul, to look at high think we would help this Congress Mr. KIRK. Right. So the problem we technology and other investments to reach more of the potential than cur- have now is that we have not fully see that savings can be built up in a far rently in 5 months of work it’s failed to taken advantage of the successes that more substantial way, beyond just a do. we have already put in place, that Con- savings account at a bank if they can But to conclude, I yield to the gen- gress lets each State establish a col- be put into long term stocks and bonds. tleman from Georgia. lege charter savings plan like HOPE These are habits that have been built Mr. PRICE of Georgia. I know that Scholarship in Georgia or Bright Start for adults, but have not been incul- our time is short, but I just want to in Illinois. But these, each State pro- cated in children; that if we start 401 commend you once again for your you gram, has restrictions and the inability kids accounts with your son or daugh- leadership in this area. These are to transfer freely throughout the coun- ter’s name on that account, that as issues that concern all Americans, try. your child gets to be 10, 11, 12, 13, 14, 15 issues of education, issues of safety,

VerDate Aug 31 2005 05:05 Jun 12, 2007 Jkt 059060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.074 H11JNPT1 bajohnson on PRODPC60 with HOUSE H6226 CONGRESSIONAL RECORD — HOUSE June 11, 2007 issues of security, issues of health care, the government’s sector involvement Contrast that, of course, with Eu- and they are issues that the vast ma- in the delivery of health care, typically rope. Even the parts the Europe that jority of us ought to support. that’s known as universal health care. were victorious in the Second World So I challenge our friends on both In the 1990s we called that ‘‘Hillary War, the battles were fought in their sides of the aisle to step forward and Care.’’ back yard. Their economies were dev- support a positive agenda for the But could we also approach it from a astated. They needed to quickly stand American people. It’s outlined right standpoint of encouraging the private up a health care system that would here. sector to stay involved and to improve take care of a population that had been I want to commend you for your their products and make them more deprived by 5 years of war or longer. leadership, and I appreciate the oppor- flexible and user friendly in order to And these countries decided to promote tunity to join you tonight. provide more for our health care dollar the single payer system that you see Mr. KIRK. I thank you. And I com- in this country. that’s so prevalent in Western Europe mend everyone, that if you’d like to My opinion, having worked in the and in England today. learn more about the suburban agenda, system for well over 25 years, is the But that was born of necessity also, you can go on to our website, United States does have the best because, again, the country’s econo- www.house.gov/Kirk for an outline of health care system in the world, and it mies were devastated or, in fact, they the suburban agenda. This is not just is my obligation, my charge to help it had not been victorious in the war, an us-only agenda. This is an agenda remain the best health care system in they had lost the war, but they needed that we hope will be matched from the the world. to quickly stand up a system that other side. But refocusing our work on Now, I know there’s plenty of people would take care of their citizens. health care, on education, on environ- in this body who would contest that We go from 1945 to 1965. Presidency of mental protection and on economic statement. And there’s plenty of issues another Texan, Lyndon Baines John- growth, so that this Congress can real- around to call it into question. son. During that time, President John- My predecessor in this office, former ize it’s full potential far better than in son enacted the Medicare statute, a lit- Majority Leader used to the first 5 months of our activity. tle over 40 years ago. The Medicare and be fond of saying, you know, the num- the Medicaid programs were signed f bers don’t lie; but if you torture them into law during his administration. HEALTH CARE IN AMERICA long enough, they’ll admit to almost These were large government-run pro- The SPEAKER pro tempore (Ms. anything. grams that were created to focus pri- But let’s talk about some of the dif- BERKLEY). Under the Speaker’s an- marily on hospital and physician care ferent principles that are guiding the nounced policy of January 18, 2007, the for elderly and basic health care serv- debate about public versus private and gentleman from Texas (Mr. BURGESS) is ices for the people who were this pov- the delivery of health care services. recognized for 60 minutes. erty. And maybe we ought to spend a little Mr. BURGESS. Madam Speaker, I Decades later, almost 40 years later, time talking about the background. want to also thank and commend my it was evident that the government-run How did we get into this? How’d we get friends for their discussion of the sub- Medicare program, extremely slow to to where we are today? urban agenda. I am coming to the floor change, very difficult to change a large You almost have to go back over 60 government program; and anything tonight to talk about health care, and years to go back to the time coming of course they’ve already covered a lot that that caused any change within the out of World War II when the United program was going to be incredibly of those issues in their discussion that States, of course, was the victor; came preceded in the past hour. expensive. out of the war with a flourishing econ- Already difficult to operate. I want to talk about some concerns omy. But in 2003, in fact, my first year to we have in the delivery of health care But during the war, President Roo- serve in this Congress, my first State services throughout the country. The sevelt, in an effort to keep down trou- of the Union message that I heard the future of medical care in this country ble from inflation, put into effect rath- President deliver in this House, he is going to be front and center over the er stringent wage and price controls talked about how the need for, or the next 18 months time. The elections of across the country. The employers time for a Medicare prescription drug 2008 will be about a lot of things, but wanted to keep employees, so a lot of benefit had arrived; and this was too they will also be a lot about health employees, of course, had been drafted important an issue to be left to an- care. and were serving overseas, so those em- other President or another Congress. It Three bills that I want to focus on ployees that were left the employers was work that we were going to take this evening as well, H.R. 2583, H.R. wanted to keep them working. But on that year, 2003, and get that benefit 2584 and H.R. 2585. The first, H.R. 2583 they were constrained. They couldn’t delivered to the American people. And deals with residency programs. The offer raises. They couldn’t offer the indeed we did. second, H.R. 2584 deals with loan for- money that would be required; they We worked on that bill in various giveness and tax abatements for med- were worried that someone across town committees throughout the year 2003. ical students and newly minted doc- might outbid them. Right at the end of the year we passed tors. And the third, H.R. 2585, deals Well, they went and came upon the the bill. There was initially a prescrip- with physicians in the Medicare pro- idea of providing a health care benefit, tion drug discount card that was avail- gram who are adversely affected by re- and, in fact, the Supreme Court ruled able, but over the next 2 years the Cen- imbursement reductions every year that that was okay; that that did not ters for Medicaid and Medicare Serv- under a formula known as the sustain- violate the spirit or the intent of the ices put together the plan that we now able growth rate formula. law that Franklin Roosevelt had know as the Medicare Part-D plan. And Well, as we go through these next 18 passed governing the wage and price in spite of all of the problems that it months and deciding which avenue controls. So during the war, the con- had getting started, arguably it is one through which our health care system cept of employer-based insurance was of the better functioning government- is going to go, we have two choices on begun. run health care programs ever seen to the table. We’ve got a public sector, The war ended. The United States date. the government side, which already has was blessed with the postwar economic But the government needed to catch about half of the responsibility for boom that started, and what began as a up to a private system that was al- health care in this country. And we’ve necessity born out of a wartime econ- ready focused on prevention, timely got that which is comprised of the pri- omy continued. It was extremely pop- treatment of disease and disease man- vate sector, as well as that care which ular. Health care insurance provided by agement. So finally Congress put the is just simply delivered without expec- the employer turned out to be one of Medicare prescription drug plan, that tation of compensation, what used to the most popular employee benefits focused on giving seniors access go be known as charitable care. that has ever been seen in this country. needed medications forward, and the Under the option to expand the gov- And up until the early 1980s it just program has been successful and pro- ernment’s role, the government’s side, worked wonderfully. vided benefits for seniors. It’s come

VerDate Aug 31 2005 05:05 Jun 12, 2007 Jkt 059060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.075 H11JNPT1 bajohnson on PRODPC60 with HOUSE June 11, 2007 CONGRESSIONAL RECORD — HOUSE H6227 with, obviously, considerable discus- they can leave and go to then you are oftentimes not going to sion, and a big push for success, a lot of Henry Ford Hospital in Detroit and get the best health care bargain or the it delivered by the private sector. have that MRI, have that CAT scan, best bargain for your health care dol- So here we sit at the crossroads have the stint placed in a coronary ar- lar. You are also possibly going to jeop- today. Again, the government pays for tery if they don’t feel the wait is in the ardize the health outcome. So no one half of the health care administered in best long-term interest of their health. would argue that just simply relying the country with a current gross do- So you can take your money, cross upon our Nation’s overstretched emer- mestic product, the GDP of 11 to $12 the southern border of the United gency rooms are a method of dealing trillion. States, and receive care almost imme- with the problem of the uninsured. But The U.S. Department of Health and diately, waiting for bypass surgery I think it is important to point out Human Services, through their Medi- where you go to the hospital that puts that doctors and nurses in hospitals on care and Medicaid services alone, pay you on a waiting list or puts you in a the front lines every day see people and $600 billion. Add to that the VA sys- hospital and put you in a cath lab and take care of their medical needs, fully tem, add to that the Federal prison gets the problem fixed. When it comes recognizing that there may not be a system, the Indian Health Service, and down to your health and a serious reasonable expectation of payment for you have about half of the health care health problem, who wants to gamble? those services. And we owe those indi- expenditures in this country. Also, look at the National Health viduals a debt of gratitude for con- The other half of health care is bro- Service in Britain. They really have tinuing to do that, sometimes in the ken down with the primary weight developed within their country a two- face of some rather severe Federal reg- being carried by private insurance. tiered system. Indeed, the wait times ulations and an extremely hostile med- There is some charitable and there is are a significant problem within the ical liability climate. some self-pay accounting for the rest. I National Health Service. You can go One of the other things that we will think you’d probably include bad debt outside the National Health Service, talk about, in fact, we are required to in that other 50 percent. stay in the country of Britain, go out- do in this Congress is the reauthoriza- Well, as the numbers increase, the side the National Health Service and tion of what is known as SCHIP, the overall cost of health care for the en- go to one of the private physicians. State Children’s Health Insurance Pro- tire country, as that number increases Physicians work in their offices at the gram. This is a program that was start- the Federal Government continues to time they are required by the govern- ed some 10 years ago. It had a 10-year funnel the American taxpayers’ dollars ment and then operate a private prac- authorization and requires that the into these efforts, and we have to ask tice on the side. Some of the most ex- Congress reauthorize it this year. ourselves, what is the wisest and best pensive health care in the world is The two gentlemen who were here be- use of taxpayer dollars? available right alongside the free sys- fore me talking about the slow pace of Is the government doing an excellent tem in the National Health Service. things in this Congress could have job of managing your money? And the fact that it is able to run, the added the slow pace of the reauthoriza- It’s not their money. It’s your fact that it is able to go, certainly tion of the current SCHIP language to money. Do you think the government speaks to the fact that it is serving a that list of things that they were con- is better suited for your health care need that people want filled. cerned about. This is legislation that, needs? The other thing you have to ask again, Congress is required to reau- Whose going to handle or who is bet- yourself, if you have someone who is thorize prior to September 30 of this ter equipped to handle the growing going to have to wait 6 or 8 months for year when the authorization expires. health care problems crisis, if you will, a CAT scan or an MRI, if you have There is no continuing resolution. in this country? someone who is going to wait half a There is no IOU or Band-Aid we can put The government only or the uni- year or a year’s time for replacement on this program. We simply must reau- versal health care system, to me, al- of an artificial hip and that person is thorize the program if we want it to most is unsustainable. And it certainly nearing the age of 80, a year’s wait is a continue. And it has been a good pro- is likely to hamper innovation, and significant period of time of the num- gram, and I would argue that virtually hamper the delivery of some of the ber of days that that person has left in everyone within this body wants it to most modern health care services that their life. It is a sad reality but, never- continue. the world has ever known. theless, true. Not to say there are not some areas Now, two examples of that, one very Again, I come back to the notion for improvement. A bill that I intro- close to home, that would support the that the private sector is more nimble duced earlier this year, H.R. 1013, the notion that a private-based system is and more financially responsible and it purpose of this legislation was to en- better equipped and more flexible and is the better way to build the future of sure that the SCHIP funding that Con- less expensive than a government sys- our health system. It is a complex rela- gress has made available be used to tem, look to our north. Look at Can- tionship. And how Congress should do cover children and pregnant adults ada. its job to ensure that we have the best with this coverage. Right now we have Canada boasts a universal health health care system possible is going to four States that are covering more care system. But what it fails to high- be the central part of the debate that adults than they are children with light is the tremendous wait for treat- we have over the next 18 months. In my their SCHIP funding. That stands the ment that its patients must endure. In opinion, Congress has to promote poli- whole program on its head. It is cheap- fact, in either 2004 or 2005, the Cana- cies that keep the private sector lead- er to cover children with health insur- dian Supreme Court ruled that access ing the way with some interaction that ance than it is adults. In fact, the ratio to a waiting list did not equal access to leads to a well-run government system. is it costs about 60 cents to provide care because the waiting times were so You can hardly talk about health what otherwise would cost a dollar’s long in that country. Their access to care in this country without coming up worth of health care insurance for care is limited by the length of time against the problem of the uninsured. adults. So we get a lot of mileage for that one must wait for care. The Census Bureau right now esti- our dollars when we put that coverage mates that some 46 million people in into children. If we take that coverage b 2200 this country are uninsured. away from children to then cover Now, in Canada they actually have a Now, uninsured does not always adults who otherwise would not belong pretty good safety valve, and that safe- mean lack of access to health care be- in the system but get in through some ty valve is called the United States of cause we all have heard stories about type of waiver, we are not doing a good America. One of the longest borders in people who use the emergency room for job with the moneys that we intended the world is our northern border with relatively modest problems. It is one of to put forward to cover children. And our northern neighbor of Canada. And, the more expensive ways to get care. the reality is until we have covered all in fact, if someone has the means to There is also a disadvantage too in the children who need coverage in this pay outside the system and feels that that if you wait until a modest health country, we shouldn’t be taking those the wait is deleterious to their health, care problem becomes an emergency, dollars away from the children to cover

VerDate Aug 31 2005 05:05 Jun 12, 2007 Jkt 059060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.077 H11JNPT1 bajohnson on PRODPC60 with HOUSE H6228 CONGRESSIONAL RECORD — HOUSE June 11, 2007 adults in the system. Once we have that is dedicated to your medical ex- you for any price. There just wasn’t a covered all the children in the country, penses. You buy an insurance policy policy available. then perhaps it is time to talk about a that is yours. You do pay for it with Fast forward to the present time, and waiver. If we want to cover other non- after-tax dollars, but the advantage is with the changes we made with health pregnant adults, let’s find another pro- that since it has such a high deduct- savings accounts in the Medicare Mod- gram to do that. Let’s not steal money ible, it typically has a lower premium. ernization Act of 2003, you can go on from the SCHIP program to provide Now, there are some problems with the Internet. You can type in ‘‘health that coverage. the previous MSAs that were first savings account’’ into the search en- Another thing that we don’t really passed by this Congress. This Congress gine of your choice. And in my home talk about a lot on the House floor, put a lot of regulations on those insur- State of Texas for a male age 25, just last year in my committee, the Com- ance policies, and as a consequence, in out of college, nonsmoker, you can mittee on Energy and Commerce, we my home State of Texas, we only had pick up a high deductible policy in the reauthorized the federally qualified two insurers who were willing to take range of $65 to $75 a month. Not an as- health center statute. We never got people on with a medical savings ac- tronomical expense. Sure, there is a that completely finished in the House. count. When we did the Medicare bill high deductible associated with that. We should take it up again this year. It that I referenced earlier in the talk, So if you want a flu shot next fall, you should be taken up by the Senate, and back in 2003, when we did the Medicare are probably just paying for that out of this is a program that fully deserves Modernization Act, included within pocket. But if you get pneumonia and reauthorization by this Congress. that language was language that al- you end up in the hospital in the ICU The federally qualified health center lowed for a significant expansion of for several days, you are going to have statute provides in federally qualified what we now call health savings ac- coverage for that so-called cata- health centers coverage for about 15 counts. The central concept is still strophic event because, even though it million uninsureds. That is access to there. It is a high deductible insurance is a high deductible, your medical ex- medicines, access to a medical home, policy owned by the individual, not the penses will quickly exceed that. So access to mental health services, ac- employer, or the individual can own that is a good thing to have so that you cess to treatment for substance abuse, the policy. Some employers have now do have coverage. a significant set of services that are begun to offer health savings accounts. For a young family where a husband available to people who otherwise A high deductible policy with a lower and wife want to have the coverage, would not have access to medical care. premium, and you put money into a want to do the responsible thing if they Federally qualified health centers do a tax-deferred savings account. Remem- have small children, a health savings good job. Both SCHIP and the federally ber Albert Einstein said there is no account may provide the way to do qualified health center system deserve power in the universe as strong as the that and have that coverage beginning to be taken up and reauthorized by this miracle of compound interest. Put that at an early age. And over time the Congress. If there are improvements as a pretax expense, and that can be money will grow in the actual savings that we can make, then by all means something that grows significantly account portion of that. It grows tax let’s have the debate and make those over time. Imagine that. A health- deferred. It can accumulate quickly. improvements necessary, but let’s not based IRA or a health savings account, And as a consequence, the specter of let those two programs languish and by an account that is dedicated only to having a very high deductible is some- default be sunsetted and not continue. your health care needs. Start that thing that is now not such a big deal Now, the two gentlemen that were when you are young. It grows over because there is easily money within here talking earlier were talking about time, and that can be an incredibly that health savings account to pay for some of the problems that people get powerful tool to combat problems that those health care needs. Even the rou- into when they lose their health insur- might occur with health later in life. tine care if someone chooses to do that, ance and wanting to extend COBRA But even if someone has a high de- the dollars are there to be spent for benefits, a noble exercise. One of the ductible policy in their younger years that purpose. things that I have really thought is a and maybe they don’t have quite as b 2215 forward-looking way to go with health much stored up in that health savings The popularity has grown a lot. When insurance, and it kind of gets at what account that would cover the deduct- I first got mine back in 1997, my old they were talking about, that is the in- ible, still you get into a catastrophic Archer medical savings account, I wor- dividual ownership of an insurance pol- situation, or it doesn’t even need to be ried because they said we’re going to icy. a catastrophic situation. In today’s en- put a cap on this; we’re not going to The point made by Mr. KIRK of Illi- vironment you have a single car acci- allow more than 750,000 of these to be nois, gone are the days where a person dent and the medical costs can just be sold in the United States of America. I gets out of high school or college, astronomical after spending an after- thought golly, I better get out there works in one job, one factory, one man- noon in the emergency room, a couple and get one fast or they are going to ufacturing plant for the remainder of of hours in the CAT scanner, maybe a all be snapped up. It turned out I didn’t their work life, then retires and gets a day or 2 in the intensive care unit, 3 or need to worry because those original gold watch and goes off to a well-de- 4 days in the hospital, and by the time insurance policies, probably less than served retirement. People change jobs you get out, you have got a bill that 100,000 were sold. in today’s economy. Their health in- will literally shock you. And a health But the health savings accounts, surance ought to be able to be flexible savings account would provide that when the conditions changed in 2003, to change with them, to move with type of catastrophic coverage. have been significantly popular. The them. One way to ensure that is to Why is this important? Say a young last year for which I have accurate and allow an individual to own their health person just getting out of college de- verifiable data is 2005. But by Decem- insurance policy. cides they want to go off on their own ber of that year, the end of calendar Back in the days when I was prac- and they want to be the next Bill year 2005, 3.2 million individuals had ticing medicine in the middle 1990s, Gates. They want to be an entre- coverage through a health savings ac- this Congress passed a bill called the preneur. They want to develop their count; 42 percent of those individuals Health Insurance Portability Act of own company. They don’t want to work had families with incomes below $50,000 1996, the Kennedy-Kassebaum bill. In for a large company with its attendant purchasing an HSA type of insurance. it, it provided for a demonstration benefits and health care insurance. Certainly that is indicative that this is product for what were then called the They just want to go out on their own. an affordable option. In addition, the medical savings accounts. Bill Archer, Ten years ago you went into the pri- number of previously uninsured HSA chairman of the Ways and Means Com- vate individual market and said, I want plan purchasers over the age of 60 near- mittee at the time, was a champion of to buy some health insurance because I ly doubled, proving that the plans are the old MSA. I had an MSA when I was am going to work for myself and start accessible to people of all ages. And a practicing physician. It allows you to a small business and be my own boss, again, out of that number, over 3 mil- build a tax-deferred savings account you couldn’t get anybody to talk to lion, probably about 40 percent of those

VerDate Aug 31 2005 05:05 Jun 12, 2007 Jkt 059060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.078 H11JNPT1 bajohnson on PRODPC60 with HOUSE June 11, 2007 CONGRESSIONAL RECORD — HOUSE H6229 individuals were previously uninsured. you want when you get there. That is a century angle to it. There is a $250,000 So it did have the effect of, at least pretty profound statement, certainly cap on noneconomic damages for the temporarily, bending the growth curve something that has stuck with me doctor, a $250,000 on noneconomic dam- of the uninsured in this country. since that time. ages for the hospital, and a third cap of Of those 46 million people that we No question about it in my mind, our $250,000 for noneconomic damages from talked about before that are uninsured, country faces a crisis in health care a second hospital or nursing home, if over half, 60 percent, are employed in manpower, a physician shortage, if you one is involved. In fact, the original small businesses. Some of these indi- will, in the future. We need to ensure cap legislation that worked so well in viduals prefer a more traditional that the doctors who are in practice California, in Texas it has been tri- health plan. They would like to have today, those physicians I like to call furcated. It is in the aggregate of a what we talked about earlier, an em- ‘‘mature physicians’’ at the peak of $750,000 cap. ployer-derived health insurance. But their clinical abilities, at the peak of Well, how does that work? Did that their employers, their small business their diagnostic abilities, at the peak fix the problem that the State of Texas employers look at those premiums of their surgical expertise and abilities, faced the year I ran for Congress 2003? going up every year and they say, you we’ve got to be sure that they stay in Well, in Texas, we’ve gone from 17 med- know what, I just cannot do it any- the game, that they continue to prac- ical liability insurers down to two. My more, and so they drop the benefit be- tice, that they don’t retire early, that personal situation, running my own cause it is simply too expensive. they don’t wander off and do something practice, really having not had a prob- Now, Congress has had before it, over else. We need to keep them involved. lem that would take me into the the last 4 years I think we’ve had at At the same time, we need to ensure courts, but my rates were increasing least three votes on this concept; it has that the younger physicians, the doc- by 25, 30, 40 percent a year. Well, in always passed the House of Representa- tors of tomorrow, those that are in 2003, the Texas legislature passed med- tives; it always stalled in the Senate. I residency programs today, those that ical liability reform based off that don’t know if we will take it up this might be thinking about going to med- California law, again, updated for the year, but I think we should because I ical school or into nursing, that those 21st century, for an aggregate cap of think it is fundamentally a good idea. individuals stay involved and in fact $750,000. What has happened since then? And maybe at some point we will get pursue their career dream of working Well, remember I just said, we dropped some cooperation from the other body. in health care. from 17 liability insurers down to two But to unburden small business own- The first issue that always comes to because of the medical liability crisis. ers, Congress has devised the concept my mind when I think of what are We are back up to 14 or 15 carriers. And of what are called Association Health some of the things that drive doctors most importantly, those carriers have Plans, essentially allowing a group of out of practice or keep people from returned to the State of Texas without small businesses with a small business going into the practice of medicine, an increase in their rates. They have model to band together to get the pur- and that is, of course, the conundrum held their rates down. chasing clout of a big corporation. It is of medical liability. Again, we faced it My old insurer of record, Texas Med- really not too hard a concept for most in this House of Representatives prob- ical Liability Trust, between rate re- people to understand. It is, again, ably four times in the time that I have ductions, rebates and dividend pay- something that has passed this House been in Congress. It is an issue that has ments to physicians over the 31⁄2 years at least three times that I am aware of. never gotten through the other body. since this law was passed, the actual It is a sensible solution. It allows the Again, I believe we need to continue to net effect is a 22 percent reduction in spread of the insurance risk amongst a push that as an issue because in so premiums for physicians across the larger group. A small employer, say a many ways we just need some common- board in the State of Texas. Again, re- realtor in your hometown who has 3 or sense medical liability reform to pro- member premiums were going up by 20, 4 people working in the office, very dif- tect patients, stop the escalating costs 25, 30 percent or more a year, now they ficult, very expensive for them to get associated with lawsuits that are not are coming down, and over the last few insurance, if they can find it. Well, well-grounded, and to make health care years they have come down 22 percent. imagine if you let all the realtors in more affordable, ensure that health One of the most significant, unin- Texas band together and form a single care is in fact even available to Ameri- tended benefits of this was what hap- group that was negotiating for the sale cans all across from coast to coast in pened with the small not-for-profit, of insurance. Now imagine that you Alaska and Hawaii, and make sure that community-based hospitals, those hos- couple that with the realtors in Okla- those physicians stay in the game and pitals that were essentially self-insured homa, Louisiana and New Mexico. continue to provide the needed serv- for medical liability. They have been Then you’ve got a group of people that ices. able to take money that was in those really is beginning to have some sig- I believe we do need a national solu- escrow accounts against the uncer- nificant financial clout and may be tion. State to State coverage is always tainty of the medical liability climate able to get a much better price in the going to be tenuous. My home State of that they faced in 2001, 2002 and early group health insurance market. Well, Texas did a great thing as far as med- 2003, now that money has been able to all of this, from the insurance side, is ical liability reform is concerned back go to hiring nurses, capital improve- extremely important. You’ve got to in September of 2003, but you worry ments, just the very things you would worry though, are we putting the cart every time the State legislature comes want your smaller not-for-profit, com- before the horse? into session every 2 years, is something munity-based hospital to be able to do. About a year and a half ago, Alan going to happen that undoes those This is certainly one of the good news Greenspan, just as he retired as Chair- great steps forward that were taken stories. And again, the smaller hos- man of the Federal Reserve Board here back in 2003. pitals were not the intended bene- in Washington, D.C., met with several I do think that modelling after the ficiary of this legislation when it groups. He met with a group of us one concept that was developed, actually passed in the State of Texas. morning, and he was asked the inevi- originally in the State of California I took the language of the Texas- table question, well, Chairman, what back in 1975, the Medical Injury Com- passed medical liability reform, about the ability of the Federal Gov- pensation Reform Act of 1975, signed worked it into the type of language ernment to pay for Medicare in the fu- into law by Governor Jerry Brown, a that we have to have here in the House ture. He alluded to how that was going great step forward that put a cap on of Representatives, ran it through leg- to be a problem that was going to have noneconomic damages in medical li- islative counsel and offered it to Mr. to be faced. But at the end of it all, he ability suits. RYAN, Paul Ryan, the ranking member felt that Congress would be able to Fast forward to 2003, and the Texas of the Budget Committee on the Re- come up with an equitable solution to plan came forward. Indeed, the basis of publican side, when we were doing our that. And he paused and he said, what the program or the basis of the reform budgetary work in March. He had that concerns me more is will there be any- does lie in a cap on noneconomic dam- bill scored by the Congressional Budget one there to provide the services that ages, but I like to say it’s got a 21st Office. And the Texas plan, as applied

VerDate Aug 31 2005 05:05 Jun 12, 2007 Jkt 059060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.080 H11JNPT1 bajohnson on PRODPC60 with HOUSE H6230 CONGRESSIONAL RECORD — HOUSE June 11, 2007 through the House of Representatives This brings me to one of the things I much good. So the second bill, H.R. language, applied to the entire 50 initially spoke about, one of three 2584, the High Need Physician Spe- States, would yield a savings of $3.8 bil- health care bills, H.R. 2583, the so- cialty Workforce Incentive Act of 2007, lion over 5 years. Now, not a mammoth called Physician Workforce and Grad- would help locate young doctors where amount of money, but when you are uate Medical Education Enhancement they are needed to solve part of the im- talking about a $2.999 trillion budget, Act of 2007. There is a Washington-type pending physician shortage crisis that savings is savings. And these are mon- title that everyone can love. Well, part likely could affect the entire country. ies that we are in a sense just going to of ensuring the future health care We have got to consider training doc- leave on the table in this budgetary workforce in this country is going to tors for high need specialties. This act cycle that could have gone to some of be to make certain that there are the will establish a mix of scholarships, the other spending priorities, some of types of residency programs in the loan repayment funds and tax incen- which I have already alluded to in the types of communities in which we want tives to entice more students to med- SCHIP and the Federally Qualified doctors to consider going into practice. ical school and create incentives for Health Center statutes. But anything, You know, the funny thing about phy- those students and newly-minted doc- even those things not dealing with sicians is they do have a lot of inertia. tors to help them go into healthcare. health, $3.8 billion, as the old saying They tend to stay where they’re The program will have a established re- goes, you keep leaving that amount of dropped; that is, they tend to work and payment program for students who money on the table and pretty soon have their practice in communities agree to go into family practice, inter- you’re going to be talking about some where they trained or close to where nal medicine, emergency medicine, real dollars. they trained. general surgery or OB/GYN, and prac- And also consider this: A study done tice in underserved areas. It will be a 5- in 1996, that’s over 10 years ago, out of b 2230 year authorization at $5 million a year Stanford University, revealed that in A lot of us have followed that trajec- and it will provide additional edu- the Medicare system alone, the cost of tory, and I suspect there is nothing cational scholarships in exchange for a defensive medicine was approximately unique about that. It will continue to commitment to serve in a public or pri- $28 to $30 billion a year. The cost of be the way physicians behave for prob- Medicare, not the entire cost of the vate nonprofit health facility deter- ably well into the future. So the bill in- mined to have a critical shortage of health care infrastructure of the troduced just last week was designed to United States of America, the cost to primary care physicians. get more training programs in areas Again, the Gulf Coast area comes to Medicare was $28 to $30 billion a year 10 that are underserved, like rural areas, years ago. I submit that that number mind, but there are plenty of areas in inner-city areas, to get young doctors- my home State of Texas, West Texas has likely increased today. We can in-training in locations where they are scarcely afford to continue this trajec- and in fact East Texas, that would fit actually needed. the bill for something like that. It is tory that we are on with regards to The Physician Workforce and Grad- medical liability in this country. very similar to what used to be called uate Medical Education Enhancement And again, remember when I started the Berry Plan. The armed services Act of 2007 would develop a program this part of the discussion talking used to offer a scholarship and some about are we going to have anyone that would permit hospitals that do loan forgiveness to encourage physi- there to provide the services when we not traditionally operate a residency cians to go into one of the branches of want them. And another consideration training program that will allow them service. This is modeled after those is that young people today entering the opportunity to start a residency plans that were so popular in the early college, in college, just getting out of training program and in fact build that 1970s. Again, it is an important step in college, who wanted to consider a ca- physician workforce of the future on getting doctors into the communities reer in health care, are looking at the site in those communities where they where they are actually needed. crisis that we face in medical liability are in fact needed. The third bill of the three that I in- in this country, and it’s keeping them On average, it costs $100,000 a year to troduced last week, H.R. 2585, really out of the game, and that’s not right. train a resident, and that cost for a deals with the heart of the problem, One of the obstetrics residency direc- smaller hospital is clearly prohibitive. which is stabilization of the current tors from a big New York program was Because of the cost consideration, the physician workforce. down here actually a couple of years bill would create a loan fund available When we talk about the current phy- ago now, and I asked her, is the med- to hospitals to make residency training sician workforce, discussing things like ical liability crisis, is it having an ef- programs where none has operated in medical liability, placement of doctors fect on your residency classes that the past. The programs would require in locations of greatest need and finan- you’re recruiting? And she told me full accreditation and be focused obvi- cial concerns, encouraging doctors to that right now we are taking people ously in rural and suburban inner- remain in those high-need specialties, into our residency program that we urban or other smaller community- the next step is to fix on that largest wouldn’t have interviewed 5 years ago. type hospitals. I can think of several group of doctors in the country and In other words, we are lowering the communities in the congressional dis- certainly the largest and still growing class and the capabilities of those peo- trict that I represent that might ben- group of patients, those baby-boomers ple who are willing to go into obstet- efit from such a program. that you heard MARK KIRK talk about rics as a specialty. Well, these are our Clearly, it is one thing to say we are in the last hour. children’s doctors, these are our chil- just going to educate more doctors, but Baby-boomers are going to continue dren’s children’s doctors that are being to get them to practice in the areas to age. They are going to retire, and trained in the residency programs where they are needed, and, boy, an the demand for services has no where today. I fail to see how it advances the area that comes to mind is the area to go but up. If the physician work- case for patient safety and the well- around New Orleans, Louisiana. They force trends continues as they are being of Americans to continue to have lost doctors. The wholesale loss of today, we may no longer be talking allow this condition to exist without doctors since the twin hurricanes of about trying to fund the Medicare pro- addressing it. August of 2005, it is going to be very gram. We may be talking about trying Again, we voted on the bill several difficult to encourage people to come to find the Medicare physician. We times in this House over the past sev- back to that area. But the reality is if may be talking about the fact that eral years. My understanding is the bill someone trains in that area, the likeli- there is no one there to take care of was just recently reintroduced last hood of them staying in that area is in- America’s seniors. week. I hope we will have a chance to creased. Year after year, there is a reduction address it in this House. And I hope we It is all well and good to create new in reimbursement payments from the can get some activity from the other residency programs, but if you don’t Center for Medicare and Medicaid Serv- body. I am not optimistic, but I believe have anyone interested in filling that ices to doctors for services that they this is so important that we have got residency slot, it is not going to be provide their Medicare patients. This is to continue to try to get this done. really something that does all that not a question of doctors just simply

VerDate Aug 31 2005 05:05 Jun 12, 2007 Jkt 059060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.081 H11JNPT1 bajohnson on PRODPC60 with HOUSE June 11, 2007 CONGRESSIONAL RECORD — HOUSE H6231 wanting to make more money. It is there is more demands on that volume, on our way or well past the where we about a stabilized repayment for serv- then the slices of that pie are just would have in fact solved this problem. ices that are already rendered. It is going to get successively thinner year So, it is time to begin that journey of about a question of fundamental fair- after year. 1,000 miles with the very first steps, ness. And it is not just affecting doc- Medicare payments to physicians and we do have to focus on the fact tors. It is affecting patients, and it be- cover only about 65 percent of the cost that this is a long-term solution. comes a real crisis of access. of providing the patient services. That A lot of people say why do it that Not a week goes by that I don’t get a doesn’t figure in anything for the doc- way? Why not just bite the bullet and letter or fax from a physician back in tor’s take-home pay. That is the cost get the SGR out of the way and get it Texas who says, you know what? I have of providing the services. That is the repealed? It costs a tremendous just had enough of this, and I am going office rent. That is the nurse’s salary. amount of money. The other unfortu- to retire early. I am no longer going to That is keeping the lights on. That is nate aspect of that costing a tremen- see Medicare patients in my practice or paying for the medical equipment. dous amount of money is it may make I am going to restrict the procedures That is buying the syringes and the the premium for the Part B recipient, that I offer to Medicare patients. medicines that might be administered it may make that premium go up sig- In fact it happened to me while we in that office. nificantly. were home on the Memorial Day re- Can you imagine any industry, any In Congress, we are all required to cess. A woman came up to me, someone business, any company that would con- submit legislation to the Congressional I had trained with, and said, look, I tinue in business if they received only Budget Office to find out how much it just can no longer do these long, in- two-thirds of the cost of what it costs costs. If we are going to spend the tax- volved operations and be paid literally them to provide the services? Cur- payers’ money, how much are we going a pittance for the service, when I could rently the sustainable growth rate for- to spend, over what time will we spend spend my time doing other things that mula links physician payment updates it? would actually pay for the cost of run- to the Gross Domestic Product, which Because of constraints at the Con- ning my practice. actually has no relationship whatso- gressional Budget Office, we are not al- I certainly understand that. I cer- ever to the cost of providing those lowed to do what is called dynamic tainly sympathize with that. It is a dif- services. scoring. We are not able to look at ficult situation for doctors to find But simply the repeal of the SGR, changing a program or a new program themselves in, because they want to do one of the big stumbling blocks for and say if we did things this way, we right. These are difficult operations that is it is very, very costly when fig- would save money in the future. That that they trained for years to be able ured in the overall Federal budget. But is well and good, but we can’t claim to provide for people. Now, the fact the reality is we have to do it. Maybe those future savings to offset the cost that they are so poorly compensated by if we do it over time, perhaps we can of doing it a new way. And that is what Medicare, they are simply having to bring that down to a level that is in static scoring tells us, and that is why turn their back on these challenging, fact manageable. dynamic scoring would be so beneficial technically difficult procedures, and Paying physicians fairly will extend in a situation like this. But we are not say I will just see the well patient in their careers for many of those doctors able to use that. the office and stay out of the operating now in practice and those who would If we look at some of the things we room. I saw it happen in the hospital otherwise opt out of the Medicare pro- have done already in the Medicare sys- environment before I left the practice gram or seek early retirement or re- tem we can say, you know, if we do it of medicine to come to Congress. strict those procedures that they offer this way, we are actually going to save But I hear it in virtually every town to their Medicare patients. It also has some money. We are not allowed to hall that I do back in my district. the effect of ensuring an adequate net- capture those savings. Someone will raise their happened or work of doctors available to older The Trustees Report that came out come up to me afterwards and say, how Americans as this country makes the just a few weeks ago, there were 600,000 come on Medicare, you turn 65 and you transition to the physician workforce hospital beds in the year 2005 that have to change doctors? The answer is of the future. weren’t filled because of things that because their doctor found it no longer In the physician payment stabiliza- doctors and hospitals are doing better, economically viable to continue to see tion bill, the SGR formula would be re- improvements that have been made in Medicare patients because they weren’t pealed 2 years from now, in 2010. There the healthcare system. 600,000 hospital able to cover the cost of delivering the would be some incentive payments beds that weren’t filled. Do we get the care rendered. They weren’t able to based on quality reporting and tech- financial credit for those 600,000 hos- cover the cost of providing the care. nology improvements installed to pro- pital beds that weren’t filled? No, we Medicare payments to physicians are tect the practicing of physicians can’t claim that. That is just some- modified annually. They use something against the 5 percent cut that will like- thing that is absorbed by the system, called the sustainable growth rate for- ly occur each in the years 2008 and 2009. and we go on and reset things for the mula. A lot of the people around here Those things would be voluntary. No next year and continue on our merry call it the SGR rate. Because of flaws one would have to do them. No one way with the SGR. in the process, the sustainable growth would be required to participate in the But the reality is if we could capture rate formula, mandated physician fee quality program or the technology im- those savings, if we could aggregate cuts in recent years have only been provement, but it would be available to those savings, it is not just in hospital moderately averted by last-minute those doctors and those practices who beds, there are other areas where sav- machinations and fixes that the Con- wanted to offset the proposed cuts that ings are occurring at the same time, if gress has provided. In fact, if no long- would occur in physician reimburse- we could capture those savings, aggre- term congressional action is imple- ment over the 2 years until a formal re- gate those savings, and use those sav- mented, the SGR will continue to man- peal of the SGR would be allowed to ings to offset the cost of the SGR re- date cuts for physician reimbursement happen. peal, we might very well come down to as far as the eye can see, cuts in aggre- Now, for most doctors, that is unac- a much more manageable number. gate between 35 and 40 percent over the ceptable. They say, well, I want the The old bank robber, Willie Sutton, next 10 years. SGR repealed now, not 2 years from was famous for saying he robbed banks Now, unlike hospitals, who are reim- now, and I want it repealed this year because that is where the money is. bursed under essentially a cost of liv- and I want a positive update or I am Well, let’s go after the procedures ing adjustment every year known as going to stop seeing Medicare patients. where most of the money is spent in the Medicare Economic Index, physi- The reality is that possibly if we do CMS, identify where the savings are in cians are reimbursed under the SGR, this over time, we will be able to get it delivering the care for people who are which says there is a fixed amount of done. The other reality is I wish we had in those diagnostic groups, and let’s money to pay for all of the doctor-de- started this when I first got to Con- keep that money, capture that money, rived healthcare in this country, and gress 4 years ago, and we might be well and use it to offset the cost of the SGR.

VerDate Aug 31 2005 05:05 Jun 12, 2007 Jkt 059060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.082 H11JNPT1 bajohnson on PRODPC60 with HOUSE H6232 CONGRESSIONAL RECORD — HOUSE June 11, 2007 I think that is the greatest return on Right after the Walter Reed story physician workforce and modernize investment that we could expect from broke, I was there visiting. Yes, the technology if we simply have the polit- those savings that we are likely going physical conditions were one thing; but ical and institutional courage to take to see from Medicare in the future. one soldier told me the biggest concern the steps necessary. The same considerations apply to the he has is as he prepares his records, he Medicaid program as well. Again, it is on medical hold and as he is looking f could be a useful exercise to go through to go back to join his unit or be dis- and identify the top 10 conditions and charged, he has to put in order his OMISSION FROM THE CONGRES- see where the easy savings are in tak- medical records to make the case for SIONAL RECORD OF THURSDAY, ing care of patients with those condi- staying in the service or get the dis- MAY 17, 2007 AT PAGE H5467 tions. How can their care be better ability to which he is entitled if he is Mr. FRANK of Massachusetts. Mr. managed? How can things be prospec- discharged from the service. Chairman, I move that the Committee tively managed? What types of inter- The biggest fear they have is they do now rise. vention might keep a patient out of an will spend hour after hour putting The motion was agreed to. expensive hospitalization or away from records together and highlighting crit- Accordingly, the Committee rose; an expensive dialysis unit? These are ical areas, have them sit on someone’s and the Speaker pro tempore (Ms. the times of savings we need to gather. desk until they are lost, and then have JACKSON-LEE of Texas) having assumed I see that I am going to run up to start over again. Their biggest con- the chair, Mr. ALTMIRE, Acting Chair- against some time constraints. I just cern was the inability of the Depart- man of the Committee of the Whole want to mention health information ment of Defense and the Veterans Ad- House on the state of the Union, re- technology is something that we do ministration to interact with each ported that that Committee, having have to pay some attention to. other on the transfer of medical In the SGR reform bill that I intro- had under consideration the bill (H.R. records. Clearly, that is a concept 1427) to reform the regulation of cer- duced, there is some language about whose time has come. moving us down the road on informa- tain housing-related Government-spon- Price transparency. I have talked sored enterprises, and for other pur- tion technology, embracing informa- about HSAs. If we are going to have tion technology. I haven’t always been poses, had come to no resolution there- health savings accounts work for on. a big proponent of that. When I was Americans, we are going to have to be practicing medicine, if someone had able to allow them to access informa- f come to me with proposals like that, I tion about price, cost and quality of would say, you know, that is going to medical care and procedures. I intro- ANNOUNCEMENT BY THE SPEAKER increase the number of hours I spend duced legislation dealing with price PRO TEMPORE every day, not increase my payments transparency earlier. The SPEAKER pro tempore. The to any great degree, and I just don’t My home State of Texas has gone a Chair desires to announce that pursu- see how it is going to be economically long way in this regard, providing in- ant to rule XXVII, as a result of the useful to me as a physician. formation up on the Internet about the That was before I traveled to the adoption by the House and the Senate costs at various hospitals throughout City of New Orleans for the second of the conference report on Senate Con- the State and how they compare to time in January of 2006 and was taken current Resolution 21, the joint resolu- other hospitals in the State. There is a into the records room at Charity Hos- tion (H.J. Res. 43), increasing the stat- lot of information. It is technically pital shortly after they had gotten all utory limit on the public debt, has complex. It may even be boring to lis- of the water out of the records room at been engrossed and is deemed to have ten to, but nonetheless it is part of an Charity Hospital. passed the House on May 17, 2007. incredibly important story. The story b 2245 of how the most advanced, most inno- f It looked like the records room of vative health care system in the world any big city hospital. There were rows itself is in need of a little attention. DISPENSING WITH CALENDAR and rows, perhaps hundreds of thou- The last chapter should read happily WEDNESDAY BUSINESS ON sands of records in this large room, ever after. How do we get there? The WEDNESDAY NEXT tens of thousand of square feet devoted last chapter may read private industry to the storage of medical records. They leads to a healthy ending. We are in a Mr. FRANK of Massachusetts. were ruined. They had been ruined by debate that will forever change the Madam Speaker, I ask unanimous con- the water and by the black mold grow- way health care is delivered in our sent that the business in order under ing on the manilla folders. There was country. The next 18 months will spell the Calendar Wednesday rule be dis- not enough protective gear to protect that out for us. We have to understand pensed with on Wednesday next. someone to go in and pull the charts what is working in our system. How do The SPEAKER pro tempore. Is there out of the racks and begin to go we make it work better, and how do we objection to the request of the gen- through them to get the patient’s med- extend that to areas where we don’t tleman from Massachusetts? ical history. find excellence in our system, whether There was no objection. Clearly, the time has come where we those areas be public or private. We f need to have the concept of computer- can’t delay making changes to bring ized access to medical records. It is our health care system into the 21st LEAVE OF ABSENCE something this country needs to em- century. brace. I believe the only way this can work By unanimous consent, leave of ab- The old adage when I was in college, is to allow the private sector to lay the sence was granted to: you could say, the dog ate my home- foundation for further improvements. Mr. DAVIS of Illinois (at the request work. No student today would do a re- The pillars of the system we have have of Mr. HOYER) for today. port, a term paper and keep one single to be rooted in the bedrock of a thriv- Mr. GUTIERREZ (at the request of Mr. paper copy. They have it on a flash ing public sector, and a thriving pri- HOYER) for today and June 12. drive, on a hard drive, on a floppy disk. vate sector, not in the shaky ground of Mr. CULBERSON (at the request of Mr. They have printed it out several times. a public and private system always at BOEHNER) for today on account of ill- They live in the electronic age. It war with each other, and many times ness. would make no sense to the medical are inefficient. Mr. EVERETT (at the request of Mr. student of today to have a single paper We need to devote our work in Con- BOEHNER) for today on account of busi- copy of a term paper or lab report that gress to building a stronger private ness in the district. they would have to turn in for a grade. sector in health care. History has prov- Mr. SESSIONS (at the request of Mr. It would never cross their mind. en this to be a tried and true measure. BOEHNER) for today and the balance of Some of the other things, the inter- We can bring down the number of unin- the week on account of taking his son operability of our systems is key. sured, increase patient access, stabilize to scout camp.

VerDate Aug 31 2005 07:14 Jun 12, 2007 Jkt 059060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.083 H11JNPT1 bajohnson on PRODPC60 with HOUSE June 11, 2007 CONGRESSIONAL RECORD — HOUSE H6233 SPECIAL ORDERS GRANTED APHIS-2006-0125] (RIN: 0579-AC39) received partment of Defense, transmitting the De- June 4, 2007, pursuant to 5 U.S.C. 801(a)(1)(A); partment’s report on the amount of the ac- By unanimous consent, permission to to the Committee on Agriculture. quisitions made from entities that manufac- address the House, following the legis- 2114. A letter from the Director, Defense ture the articles, materials, or supplies out- lative program and any special orders Security Cooperation Agency, transmitting side of the United States in fiscal year 2006, heretofore entered, was granted to: Pursuant to the reporting requirements of pursuant to Public Law 109-115, section 837; (The following Members (at the re- Section 36(b)(1) of the Arms Export Control to the Committee on Armed Services. Act, as amended, Transmittal No. 07-33, con- quest of Ms. WOOLSEY) to revise and ex- 2126. A letter from the Assistant to the cerning the Department of the Air Force’s tend their remarks and include extra- Board, Board of Governors of the Federal Re- proposed Letter(s) of Offer and Acceptance to serve System, transmitting the Board’s final neous material:) India for defense articles and services, pursu- rule — Loans to Executive Officers, Direc- Mr. SPRATT, for 5 minutes, today. ant to 22 U.S.C. 2776(a); to the Committee on tors, and Principal Shareholders of Member Ms. WOOLSEY, for 5 minutes, today. Armed Services. Banks [Regulation O; Docket No. R-1271] re- Ms. KAPTUR, for 5 minutes, today. 2115. A letter from the Deputy Director, ceived June 4, 2007, pursuant to 5 U.S.C. Mr. DEFAZIO, for 5 minutes, today. Defense Security Cooperation Agency, trans- 801(a)(1)(A); to the Committee on Financial mitting Pursuant to the reporting require- Ms. JACKSON-LEE of Texas, for 5 min- Services. ments of Section 36(b)(1) of the Arms Export utes, today. 2127. A letter from the Chief Counsel, Control Act, as amended, Transmittal No. 07- FEMA, Department of Homeland Security, (The following Members (at the re- 25, concerning the Department of the Navy’s transmitting the Department’s final rule — quest of Mr. JONES of North Carolina) proposed Letter(s) of Offer and Acceptance to Final Flood Elevation Determinations — re- to revise and extend their remarks and Japan for defense articles and services, pur- ceived April 20, 2007, pursuant to 5 U.S.C. include extraneous material:) suant to 22 U.S.C. 2776(a); to the Committee 801(a)(1)(A); to the Committee on Financial Mr. POE, for 5 minutes, June 18. on Armed Services. Services. 2116. A letter from the Deputy Director, 2128. A letter from the Chief Counsel, Mr. BURTON of Indiana, for 5 minutes, Defense Security Cooperation Agency, trans- today and June 12, 13, 14, and 15. FEMA, Department of Homeland Security, mitting Pursuant to the reporting require- transmitting the Department’s final rule — Mr. SOUDER, for 5 minutes, today and ments of Section 36(b)(1) of the Arms Export Final Flood Elevation Determinations — re- June 12, 13, 14, and 15. Control Act, as amended, Transmittal No. 07- ceived April 20, 2007, pursuant to 5 U.S.C. Mr. DAVIS of Kentucky, for 5 min- 15, concerning the Department of the Navy’s 801(a)(1)(A); to the Committee on Financial utes, today. proposed Letter(s) of Offer and Acceptance to Services. Mr. GARRETT of New Jersey, for 5 Finland for defense articles and services, 2129. A letter from the Counsel for Legisla- minutes, June 12. pursuant to 22 U.S.C. 2776(a); to the Com- tion and Regulations, Department of Hous- mittee on Armed Services. ing and Urban Development, transmitting Mr. JONES of North Carolina, for 5 2117. A letter from the Deputy Director, minutes, June 18. the Department’s final rule — HOME Invest- Defense Security Cooperation Agency, trans- ment Partnerships Program; American mitting Pursuant to the reporting require- f Dream Downpayment Initiative and Amend- ments of Section 36(b)(1) of the Arms Export ments to Homeownership Affordability Control Act, as amended, Transmittal No. 07- BILLS PRESENTED TO THE [Docket No. FR-4832-F-02] (RIN: 2501-AC93) 23, concerning the Department of the Army’s PRESIDENT received April 17, 2007, pursuant to 5 U.S.C. proposed Letter(s) of Offer and Acceptance to 801(a)(1)(A); to the Committee on Financial Lorraine C. Miller, Clerk of the the Philippines for defense articles and serv- House reports that on June 6, 2007, she Services. ices, pursuant to 22 U.S.C. 2776(a); to the 2130. A letter from the Counsel for Legisla- presented to the President of the Committee on Armed Services. tion and Regulations, Department of Hous- 2118. A letter from the Under Secretary for United States, for his approval, the fol- ing and Urban Development, transmitting lowing bills. Acquisition, Technology and Logistics, De- partment of Defense, transmitting a review the Department’s final rule — Approval of H.R. 1675. To suspend the requirements of of the C-130 Avionics Modernization Program Condominiums in Puerto Rico on Evidence the Department of Housing and Urban Devel- (AMP program), pursuant to 10 U.S.C. 2433; of Presentment of Legal Documents [Docket opment regarding electronic filing of pre- to the Committee on Armed Services. No. FR-5009-F-02] (RIN: 2502-AI36) received vious participation certificates and regard- 2119. A letter from the Under Secretary for April 17, 2007, pursuant to 5 U.S.C. ing filing of such certificates with respect to Acquisitions, Technology and Logistics, De- 801(a)(1)(A); to the Committee on Financial certain low-income housing investors. partment of Defense, transmitting a review Services. H.R. 1676. To reauthorize the program of of the Joint Primary Aircraft Trainer Sys- 2131. A letter from the Regulatory Spe- the Secretary of Housing and Urban Develop- tem (JPATS) program, pursuant to 10 U.S.C. cialist, Department of the Treasury, trans- ment for loan guarantees for Indian housing. 2433; to the Committee on Armed Services. mitting the Department’s final rule — Ex- panded Examination Cycle for Certain Small f 2120. A letter from the Under Secretary for Acquisitions, Technology and Logistics, De- Insured Depository Institutions and U.S. ADJOURNMENT partment of Defense, transmitting a review Branches and Agencies of Foreign Banks of the Joint Air-to-Surface Standoff Missile [Docket ID OTS-2007-0006] received April 17, Mr. BURGESS. Madam Speaker, I 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the move that the House do now adjourn. (JASSM) program, pursuant to 10 U.S.C. 2433; to the Committee on Armed Services. Committee on Financial Services. The motion was agreed to; accord- 2121. A letter from the Under Secretary for 2132. A letter from the Administrator, En- ingly (at 10 o’clock and 50 minutes Acquisitions, Technology and Logistics, De- ergy Information Administration, Depart- p.m.), under its previous order, the partment of Defense, transmitting a review ment of Energy, transmitting the Depart- House adjourned until tomorrow, Tues- of the Expeditionary Fighting Vehicle (EFV) ment’s report for Calendar Year 2006 on the day, June 12, 2007, at 9 a.m., for morn- program, pursuant to 10 U.S.C. 2433; to the country of origin and the sellers of uranium and uranium enrichment services purchased ing-hour debate. Committee on Armed Services. 2122. A letter from the Under Secretary for by owners and operators of U.S. civilian nu- f Acquisition, Technology and Logistics, De- clear power reactors, pursuant to Public Law partment of Defense, transmitting a review 102-486, section 1015; to the Committee on EXECUTIVE COMMUNICATIONS, of the Warfighter Information Network-Tac- Energy and Commerce. ETC. tical (WIN-T) program, pursuant to 10 U.S.C. 2133. A letter from the Deputy Chief Coun- Under clause 8 of rule XII, executive 2433; to the Committee on Armed Services. sel, Department of Commerce, transmitting the Department’s final rule — Rules to Im- communications were taken from the 2123. A letter from the Under Secretary for Personnel and Readiness, Department of De- plement and Administer a Coupon Program Speaker’s table and referred as follows: fense, transmitting a letter on the approved for Digital-to-Analog Converter Boxes 2112. A letter from the Congressional Re- retirement Vice Admiral Donald C. Arthur, [Docket Number: 0612242667-7051-01] (RIN: view Coordinator, Department of Agri- United States Navy, and his advancement to 0660-AA16) received April 25, 2007, pursuant culture, transmitting the Department’s final the grade of vice admiral on the retired list; to 5 U.S.C. 801(a)(1)(A); to the Committee on rule — Classical Swine Fever Status of the to the Committee on Armed Services. Energy and Commerce. Mexican State of Nayarit [Docket No. 2124. A letter from the Under Secretary for 2134. A letter from the Attorney, Office of APHIS-2006-0104] received June 4, 2007, pursu- Personnel and Readiness, Department of De- Assistant General Counsel for Legislation ant to 5 U.S.C. 801(a)(1)(A); to the Committee fense, transmitting a letter on the approved and Regulatory Law, Department of Energy, on Agriculture. retirement Vice Admiral Rodney P. Rempt, transmitting the Department’s final rule — 2113. A letter from the Congressional Re- United States Navy, and his advancement to Acquisition Regulation: Technical Revisions view Coordinator, Department of Agri- the grade of vice admiral on the retired list; or Amendments to Update Clauses (RIN: culture, transmitting the Department’s final to the Committee on Armed Services. 1991-AB62) received June 4, 2007, pursuant to rule — Importation of Emerald Ash Borer 2125. A letter from the Under Secretary for 5 U.S.C. 801(a)(1)(A); to the Committee on Host Material From Canada [Docket No. Acquisition, Technology and Logistics, De- Energy and Commerce.

VerDate Aug 31 2005 05:05 Jun 12, 2007 Jkt 059060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.086 H11JNPT1 bajohnson on PRODPC60 with HOUSE H6234 CONGRESSIONAL RECORD — HOUSE June 11, 2007 2135. A letter from the Legal Advisor to the Mr. EDWARDS: Committee on Appropria- gencies, for statewide plans for providing Chief, Media Bureau, Federal Communica- tions. H.R. 2642. A bill making appropria- such services in response to such emer- tions Commission, transmitting the Com- tions for military construction, the Depart- gencies, and for the training of mental mission’s final rule — Amendment of Section ment of Veterans Affairs, and related agen- health professional with respect to the treat- 73.202(b), Table of Allotments, FM Broadcast cies for the fiscal year ending September 30, ment of victims of such emergencies, and to Stations. (Romney and Wardensville, West 2008, and for other purposes (Rept. 110–186). establish the National Mental Health Crisis Virginia) [MB Docket No. 05-143 RM-11221 Referred to the Committee of the Whole Response Technical Assistance Center; to RM-11286] received June 4, 2007, pursuant to House on the State of the Union. the Committee on Energy and Commerce. 5 U.S.C. 801(a)(1)(A); to the Committee on Mr. DICKS: Committee on Appropriations. By Mr. JEFFERSON: Energy and Commerce. H.R. 2643. A bill making appropriations for H.R. 2647. A bill to amend the Public 2136. A letter from the White House Liai- the Department of the Interior, environ- Health Service Act to improve mental health son, Department of Education, transmitting ment, and related agencies for the fiscal year and substance abuse services for juveniles; to a report pursuant to the Federal Vacancies ending September 30, 2008, and for other pur- the Committee on Energy and Commerce. Reform Act of 1998; to the Committee on poses (Rept. 110–187). Referred to the Com- By Mr. ABERCROMBIE: Oversight and Government Reform. mittee of the Whole House on the State of H.R. 2648. A bill to amend the Internal Rev- 2137. A letter from the White House Liai- the Union. enue Code of 1986 to repeal the reduction in son, Department of Education, transmitting Mr. DINGELL: Committee on Energy and the deductible portion of expenses for busi- a report pursuant to the Federal Vacancies Commerce. H.R. 251. A bill to amend the ness meals and entertainment; to the Com- Reform Act of 1998; to the Committee on Communications Act of 1934 to prohibit ma- mittee on Ways and Means. Oversight and Government Reform. nipulation of caller identification informa- By Mr. BILBRAY (for himself and Mr. 2138. A letter from the White House Liai- tion, and for other purposes; with an amend- HUNTER): H.R. 2649. A bill to make amendments to son, Department of Health and Human Serv- ment (Rept. 110–188). Referred to the Com- the Reclamation Projects Authorization and ices, transmitting a report pursuant to the mittee of the Whole House on the State of Adjustment Act of 1992; to the Committee on Federal Vacancies Reform Act of 1998; to the the Union. Committee on Oversight and Government Natural Resources. Reform. f By Mr. BOYD of Florida: 2139. A letter from the Human Resources H.R. 2650. A bill to modify certain water re- Specialist, Department of Labor, transmit- PUBLIC BILLS AND RESOLUTIONS sources projects for the Apalachicola, Chat- ting a report pursuant to the Federal Vacan- Under clause 2 of rule XII, public tahoochee, and Flint Rivers, Georgia, Flor- cies Reform Act of 1998; to the Committee on bills and resolutions were introduced ida, and Alabama; to the Committee on Transportation and Infrastructure. Oversight and Government Reform. and severally referred, as follows: 2140. A letter from the Special Assistant to By Mr. ENGEL: the Secretary, White House Liaison, Depart- By Mr. BOUSTANY: H.R. 2651. A bill to require large publicly ment of Veterans Affairs, transmitting a re- H.R. 2639. A bill to amend the Internal Rev- traded companies and significant emitters of port pursuant to the Federal Vacancies Re- enue Code of 1986 to modify the rules with re- greenhouse gases to report their emissions to form Act of 1998; to the Committee on Over- spect to health savings accounts and medical the Environmental Protection Agency, and for other purposes; to the Committee on En- sight and Government Reform. savings accounts, and for other purposes; to 2141. A letter from the Special Assistant to the Committee on Ways and Means, and in ergy and Commerce, and in addition to the the Secretary, Department of Veterans Af- addition to the Committee on Energy and Committee on Financial Services, for a pe- fairs, transmitting a report pursuant to the Commerce, for a period to be subsequently riod to be subsequently determined by the Federal Vacancies Reform Act of 1998; to the determined by the Speaker, in each case for Speaker, in each case for consideration of Committee on Oversight and Government consideration of such provisions as fall with- such provisions as fall within the jurisdic- tion of the committee concerned. Reform. in the jurisdiction of the committee con- 2142. A letter from the Director, Office of cerned. By Mr. ENGLISH of Pennsylvania: H.R. 2652. A bill to amend the Internal Rev- Personnel Management, transmitting the Of- By Mrs. MCCARTHY of New York (for enue Code of 1986 to generate renewable en- fice’s final rule — Pay Administration (Gen- herself, Mr. BOUCHER, Mr. DINGELL, ergy and encourage novel technologies re- eral) (RIN: 3206-AK74) received April 17, 2007, Mr. SMITH of Texas, Mr. BISHOP of lated to the production of energy, and for pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- New York, Mr. CASTLE, Mr. EMANUEL, other purposes; to the Committee on Ways mittee on Oversight and Government Re- Mrs. LOWEY, Mr. MOORE of Kansas, and Means. form. Mr. MORAN of Virginia, Mr. By Mr. GRAVES: 2143. A letter from the Acting Director, PASCRELL, Ms. SCHAKOWSKY, Mr. H.R. 2653. A bill to provide for priority con- SHAYS, Ms. WASSERMAN SCHULTZ, and U.S. Trade and Development Agency, trans- sideration for grade crossing safety improve- Mrs. CAPPS): mitting a report pursuant to the Federal Va- ments where there have been serious colli- cancies Reform Act of 1998; to the Com- H.R. 2640. A bill to improve the National Instant Criminal Background Check System, sions; to the Committee on Transportation mittee on Oversight and Government Re- and Infrastructure. and for other purposes; to the Committee on form. By Ms. HERSETH SANDLIN (for her- 2144. A letter from the Rules Adminis- the Judiciary. self and Mr. MCGOVERN): By Mr. JEFFERSON: trator, Department of Justice, transmitting H.R. 2654. A bill to designate the facility of the Department’s final rule — National Se- H.R. 2644. A bill to amend title XVIII of the the United States Postal Service located at curity; Prevention of Acts of Violence and Social Security Act to provide for coverage 202 South Dumont Avenue in Woonsocket, Terrorism [BOP-1116; AG Order No. 2878-2007] of marriage and family therapist services South Dakota, as the ‘‘Eleanor McGovern (RIN: 1120-AB08) received April 17, 2007, pur- under Medicare part B, and for other pur- Post Office Building’’; to the Committee on suant to 5 U.S.C. 801(a)(1)(A); to the Com- poses; to the Committee on Energy and Com- Oversight and Government Reform. mittee on the Judiciary. merce, and in addition to the Committee on By Ms. HIRONO: f Ways and Means, for a period to be subse- H.R. 2655. A bill to provide for a loan for- quently determined by the Speaker, in each giveness program for certain individuals who REPORTS OF COMMITTEES ON case for consideration of such provisions as serve as early childhood educators; to the PUBLIC BILLS AND RESOLUTIONS fall within the jurisdiction of the committee Committee on Education and Labor. Under clause 2 of rule XIII, reports of concerned. By Mr. MAHONEY of Florida (for him- By Mr. JEFFERSON: committees were delivered to the Clerk self and Mr. PUTNAM): H.R. 2645. A bill to amend the Juvenile Jus- H.R. 2656. A bill to enhance the ongoing for printing and reference to the proper tice and Delinquency Prevention Act of 1974 profitability and viability of America’s calendar, as follows: to improve mental health and substance farms, forests, and ranches by making con- Ms. SLAUGHTER: Committee on Rules. abuse treatment by providing grants for jus- servation activities more cost-effective and House Resolution 473. Resolution providing tice system personnel training, treatment efficient, by creating new revenue opportuni- for consideration of the bill (H.R. 2638) mak- pograms, and diversion programs, and for ties through biofuels, and for other purposes; ing appropriations for the Department of other purposes; to the Committee on Edu- to the Committee on Agriculture, and in ad- Homeland Security for the fiscal year ending cation and Labor, and in addition to the dition to the Committees on Energy and September 30, 2008, and for other purposes Committee on the Judiciary, for a period to Commerce, and Science and Technology, for (Rept. 110–184). Referred to the House Cal- be subsequently determined by the Speaker, a period to be subsequently determined by endar. in each case for consideration of such provi- the Speaker, in each case for consideration Mr. VISCLOSKY: Committee on Appro- sions as fall within the jurisdiction of the of such provisions as fall within the jurisdic- priations. H.R. 2641. A bill making appropria- committee concerned. tion of the committee concerned. tions for energy and water development and By Mr. JEFFERSON: By Mrs. MCCARTHY of New York (for related agencies for the fiscal year ending H.R. 2646. A bill to amend the Public herself, Ms. WOOLSEY, and Mr. KIL- September 30, 2008, and for other purposes Health Service Act to establish grant pro- DEE): (Rept. 110–185). Referred to the Committee of grams to provide funding for mental health H.R. 2657. A bill to amend the Employee the Whole House on the State of the Union. services in response to public health emer- Retirement Income Security Act of 1974 to

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ensure that employees are not improperly fied teachers, and for other purposes; to the H.R. 25: Mr. GILCHREST. disqualified from benefits under pension Committee on Education and Labor. H.R. 35: Mr. HARE. plans and welfare plans based on the By Mr. RANGEL: H.R. 82: Mr. BAKER, Mr. BUCHANAN, Mr. misclassification or reclassification of their H. Con. Res. 167. Concurrent resolution ex- DONNELLY, Mr. MILLER of North Carolina, status; to the Committee on Education and pressing the sense of Congress that Lena Mr. SESTAK and Mr. SULLIVAN. Labor. Horne should be recognized as one of the H.R. 176: Mr. WEXLER. By Mr. MCHUGH: most popular performers of the 1940s and H.R. 237: Mr. MATHESON. H.R. 2658. A bill to amend the Internal Rev- 1950s and for her outspoken opposition to ra- H.R. 303: Mr. ADERHOLT. enue Code of 1986 to provide a tax credit for cial and social injustice; to the Committee H.R. 333: Mr. BISHOP of Georgia. farmers’ investments in value-added agri- on Oversight and Government Reform. H.R. 464: Mr. SERRANO. culture; to the Committee on Ways and By Mr. MCINTYRE (for himself, Mr. H.R. 555: Mr. BUTTERFIELD. Means. ISSA, Mr. BURTON of Indiana, Mr. H.R. 621: Ms. SCHWARTZ, Mr. FORTENBERRY, By Mr. POMEROY (for himself, Mr. HAYES, Mr. CONAWAY, Mr. WAMP, Mr. Mrs. JO ANN DAVIS of Virginia, and Mr. HULSHOF, Mr. PETERSON of Min- BISHOP of Georgia, Mr. ROSS, Mr. HAYES nesota, Mr. MORAN of Kansas, Mr. CARDOZA, Mr. MARCHANT, Mr. LAN- H.R. 662: Mr. GRIJALVA, and Mr. MCGOV- UDALL of Colorado, and Mrs. TOS, Mr. ADERHOLT, Mr. SCOTT of ERN. MCMORRIS RODGERS): Georgia, Mr. FILNER, Mr. KUHL of H.R. 675: Mr. BOOZMAN. H.R. 2659. A bill to treat payments under New York, Mr. LINCOLN DAVIS of Ten- H.R. 690: Mr. TIBERI, Mrs. MALONEY of New the Conservation Reserve Program as rentals nessee, Mrs. MUSGRAVE, Mr. AKIN, York, and Mr. SIRES. from real estate; to the Committee on Ways Mr. SULLIVAN, Mr. PITTS, Mr. H.R. 715: Mr. PAYNE, Ms. HIRONO, Mr. JEF- and Means. SOUDER, Mr. PICKERING, Mr. GARY G. FERSON, Mr. WALZ of Minnesota, Ms. EDDIE By Mr. RUPPERSBERGER (for him- MILLER of California, Mr. SKELTON, BERNICE JOHNSON of Texas, and Mr. BISHOP of self, Ms. KILPATRICK, and Ms. Mr. RAHALL, Mr. ALEXANDER, Mr. New York. WASSERMAN SCHULTZ): BAKER, Mr. BARTLETT of Maryland, H.R. 718: Mr. ISRAEL. H.R. 2660. A bill to amend title VII of the Mr. ETHERIDGE, Mr. MARSHALL, Mr. H.R. 741: Mr. PRICE of North Carolina. Civil Rights Act of 1964 to extend the period BOREN, Mr. MATHESON, Mr. ARCURI, H.R. 758: Mr. SMITH of Washington and Mr. for filing charges of discrimination in viola- Mr. SHULER, Mr. FORBES, Mr. COOPER, ELLISON. tion of such title and to provide relief for Mr. LINCOLN DIAZ-BALART of Florida, H.R. 760: Mr. PASTOR and Ms. NORTON. certain current injuries arising from com- Mr. LIPINSKI, Mr. SHIMKUS, Mr. KING- H.R. 784: Mr. LANGEVIN and Mr. BISHOP of pensation calculations attributable to com- STON, Mr. GARRETT of New Jersey, Georgia. pensation decisions made at any time in vio- Mr. GOODE, Mr. DAVIS of Kentucky, H.R. 857: Mr. LEWIS of Kentucky. lation of such title; to the Committee on Mr. ABERCROMBIE, Mr. JONES of North H.R. 928: Mr. GORDON. Education and Labor. Carolina, Mr. CANTOR, Mr. SPRATT, H.R. 943: Mr. LARSEN of Washington. By Mr. SARBANES: Mr. LAMPSON, Mr. MICHAUD, Ms. H.R. 962: Ms. BALDWIN. H.R. 2661. A bill to make careers in public LINDA T. SA´ NCHEZ of California, and H.R. 971: Ms. FOXX. service more feasible for students with high Ms. JACKSON-LEE of Texas): H.R. 980: Mr. STUPAK, Mr. SALAZAR, Mr. educational debt; to the Committee on Edu- H. Res. 474. A resolution recognizing the SNYDER, Mr. ELLISON, and Mr. GUTIERREZ. cation and Labor. immeasurable contributions of fathers in the H.R. 997: Mr. STEARNS, Mr. WELLER, and By Mrs. SCHMIDT: healthy development of children, supporting Mr. PETERSON of Pennsylvania. H.R. 2662. A bill to require the Secretary of responsible fatherhood, and encouraging H.R. 1038: Mr. COOPER. Transportation to collect certain data per- greater involvement of fathers in the lives of H.R. 1043: Mr. SCOTT of Georgia. taining to cancelled and diverted flights of their children, especially on Father’s Day; to H.R. 1073: Mr. DEFAZIO. air carriers; to the Committee on Transpor- the Committee on Education and Labor. H.R. 1098: Mr. GERLACH and Mr. tation and Infrastructure. By Mr. GRIJALVA: LATOURETTE. By Mr. SHUSTER: H. Res. 475. A resolution congratulating H.R. 1102: Mr. HINOJOSA. H.R. 1108: Mr. ALEXANDER, Mr. CARNAHAN, H.R. 2663. A bill to amend title 49, United the University of Arizona Wildcats for win- and Mr. BRADY of Pennsylvania. States Code, to direct the Secretary of ning the 2007 National Collegiate Athletic H.R. 1113: Mr. CUMMINGS, Mr. FATTAH, Mrs. Homeland Security to extend a requirement Association Division I Softball Champion- JO ANN DAVIS of Virginia, Mr. SOUDER, Ms. for the prescreening of air passengers to ship; to the Committee on Education and GRANGER, Mr. PRICE of North Carolina, Mr. international flights that overfly the United Labor. DELAHUNT, Mr. HINOJOSA, and Mr. WEXLER. States; to the Committee on Homeland Secu- By Mr. MEEHAN (for himself, Mr. rity. H.R. 1115: Mr. MCNULTY. SHAYS, Mrs. MALONEY of New York, By Mr. WEINER: H.R. 1187: Mr. VISCLOSKY. Mr. HONDA, Mr. MICA, Mr. WAXMAN, H.R. 2664. A bill to require the Federal H.R. 1189: Ms. SHEA-PORTER. and Mr. CAMPBELL of California): Government to reimburse a State or local H.R. 1192: Mr. MILLER of North Carolina. H. Res. 476. A resolution condemning big- government for financial losses incurred H.R. 1239: Mr. FOSSELLA. otry, violence, and discrimination against when an employee of the State or local gov- H.R. 1261: Ms. FALLIN, Mr. REICHERT, Mr. Iranian-Americans; to the Committee on the ernment who performs public safety or first BUCHANAN, and Mr. STEARNS. Judiciary. responder duties and who is also a member of H.R. 1280: Mrs. MALONEY of New York, and By Mr. GARY G. MILLER of California a reserve component of the uniformed serv- Mr. MCGOVERN. (for himself, Mr. FRANK of Massachu- ices is called or ordered to active duty for a H.R. 1295: Mr. GOODE, Mr. FRANKS of Ari- setts, Mr. BACHUS, Ms. WATERS, Mrs. period of more than 30 days; to the Com- zona, and Mr. HUNTER. BIGGERT, Mr. HINOJOSA, Mr. mittee on Armed Services. H.R. 1304: Mr. COBLE, Mr. BOREN, Mr. WEST- NEUGEBAUER, Mr. CLAY, Mr. DAVIS of By Mr. WELCH of Vermont (for himself MORELAND, Mr. HODES, Mr. LATHAM, and Mr. Kentucky, Mr. MANZULLO, Mr. AL and Mr. HODES): PETERSON of Minnesota. GREEN of Texas, Mrs. MCCARTHY of H.R. 2665. A bill to authorize the Secretary H.R. 1338: Mr. GENE GREEN of Texas, Mr. New York, Mrs. MALONEY of New of the Interior to provide assistance in im- BAIRD, Mr. MCNERNEY, Mr. WELCH of York, Mr. WATT, and Mr. ROSKAM): plementing cultural heritage, conservation, Vermont, and Ms. VELA´ ZQUEZ. H. Res. 477. A resolution recognizing Na- and recreational activities in the Con- H.R. 1363: Mr. KUCINICH, Ms. ROYBAL-AL- tional Homeownership Month and the impor- necticut River watershed of the States of LARD, Ms. of California, Mr. tance of homeownership in the United New Hampshire and Vermont; to the Com- GORDON, and Mr. POMEROY. States; to the Committee on Financial Serv- mittee on Natural Resources. H.R. 1366: Mr. PEARCE and Mr. EHLERS. ices. By Mr. RUSH: H.R. 1418: Mr. FERGUSON, Mr. LOBIONDO, H.R. 2666. A bill to provide for the imple- f Mr. FORTUN˜ O, Mrs. BOYDA of Kansas, mentation of a system of licensing for pur- Mr. CARNEY, Mrs. CHRISTENSEN, Mr. SMITH chasers of certain firearms and for a record ADDITIONAL SPONSORS of New Jersey, and Mr. PICKERING. of sale system for those firearms, and for Under clause 7 of rule XII, sponsors H.R. 1428: Mr. WAMP. other purposes; to the Committee on the Ju- were added to public bills and resolu- H.R. 1441: Mrs. DAVIS of California and Mrs. diciary. MALONEY of New York. By Ms. WOOLSEY: tions as follows: H.R. 1456: Mr. SCHIFF and Mr. CROWLEY. H.R. 2667. A bill to provide for the estab- H.R. 23: Mr. RADANOVICH, Mr. BISHOP of H.R. 1459: Mr. JONES of North Carolina and lishment of a disabled farmers’ market nu- Georgia, Mr. SCHIFF, Mr. BAIRD, Mr. Mr. WHITFIELD. trition pilot program; to the Committee on HASTINGS of Florida, Mr. MEEHAN, Mr. KIL- H.R. 1475: Ms. SCHAKOWSKY. Agriculture. DEE, Mr. RAMSTAD, Ms. JACKSON-LEE of H.R. 1496: Mr. CARTER. By Mr. WU: Texas, Mr. THOMPSON of California, Mr. H.R. 1514: Mr. GINGREY and Mr. REHBERG. H.R. 2668. A bill to amend the Elementary GUTIERREZ, Mr. HINOJOSA, Mr. CAMP of H.R. 1542: Mr. KUCINICH. and Secondary Education Act of 1965 to re- Michigan, Mr. PLATTS, Mr. LYNCH, Mr. SHER- H.R. 1551: Ms. WATERS. duce class size through the use of fully quali- MAN, Mr. CLEAVER, and Ms. NORTON. H.R. 1567: Mr. AL GREEN of Texas.

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H.R. 1576: Mr. HARE, Mr. LEWIS of Ken- H.R. 2537: Mr. ISRAEL and Ms. BORDALLO. and development’’ after ‘‘Impact Assess- tucky, Mr. WELLER, and Mr. SESTAK. H.R. 2593: Mr. HINOJOSA and Mr. ORTIZ. ment’’. H.R. 1673: Mr. HERGER. H.R. 2604: Ms. NORTON, Mr. DAVIS of Illi- H.R. 2638 C ERMOTT ALONEY H.R. 1705: Mr. M D , Mrs. M nois, Mrs. MALONEY of New York, Mr. TOWNS, OFFERED BY: MR. DEAL OF GEORGIA of New York, Mr. SERRANO, Mr. DAVIS of Illi- Mr. MCDERMOTT, and Mr. MCNULTY. AMENDMENT NO. 4: At the end of the bill nois, and Mr. FILNER. H.R. 2605: Mr. BISHOP of New York and Mr. (before the short title), insert the following: H.R. 1707: Mr. WU and Mr. EMANUEL. FILNER. SEC. 544. None of the funds made available H.R. 1709: Mr. ARCURI. H.R. 2633: Mr. DAVIS of Illinois. in this Act may be used to provide assistance H.R. 1732: Mr. YOUNG of Alaska. H.R. 2637: Ms. SHEA-PORTER. to any State or local government that fails H.R. 1776: Mr. LINCOLN DAVIS of Tennessee H.J. Res. 9: Mr. BOEHNER, Mr. BUYER, Mr. to or refuses to assist in the enforcement of and Mr. DAVIS of Illinois. FEENEY, Mr. STEARNS, and Mr. EVERETT. Federal immigration laws. H.R. 1780: Mr. FEENEY. H.J. Res. 12: Mr. LEWIS of Kentucky, Mr. H.R. 2638 H.R. 1783: Mr. KUCINICH, Mr. CLAY, and Mr. GORDON, Mr. LINCOLN DAVIS of Tennessee, OFFERED BY: MR. DEAL OF GEORGIA WEINER. Mr. FRELINGHUYSEN, Mr. FRANKS of Arizona, H.R. 1791: Mr. WESTMORELAND. Mr. TANCREDO, Ms. HERSETH SANDLIN, and AMENDMENT NO. 15: At the end of the bill H.R. 1809: Mr. PETERSON of Minnesota. Mr. HENSARLING. (before the short title) insert the following H.R. 1810: Mr. CROWLEY. H.J. Res. 28: Mr. DAVIS of Alabama, Mr. new section: H.R. 1845: Mr. CRAMER, Mr. RYAN of Ohio, SEC. ll. None of the funds made available RYAN of Ohio, Mr. KUCINICH, Mr. COHEN, Mr. Mr. CAMP of Michigan, Mr. MORAN of Kansas, in this Act may be used to destroy or put to RANGEL, Ms. LEE, Mr. DAVIS of Illinois, Ms. Mr. SALAZAR, Mr. BRALEY of Iowa, and Ms. pasture any horse or mule belonging to the CARSON, Mr. FILNER, Mr. AL GREEN of Texas, BALDWIN. Unites States that has become unfit for serv- Mr. HOLT, Ms. JACKSON-LEE of Texas, Ms. H.R. 1866: Mr. BOUSTANY, Ms. ZOE LOFGREN ice until the individual trainer or handler of EDDIE BERNICE JOHNSON of Texas, Mr. KEN- of California, Mr. HELLER, and Mr. FORTUN˜ O. the horse or mule is given the option for the NEDY, Ms. SCHAKOWSKY, Mr. TOWNS, and Mr. H.R. 1912: Mr. FORTUN˜ O. transfer or conveyance of the horse or mule WATT. H.R. 1957: Mrs. NAPOLITANO, Mr. ALLEN, to the trainer’s possession. H. Con. Res. 21: Mr. DAVIS of Kentucky. Ms. NORTON, Ms. MOORE of Wisconsin, Mr. H. Con. Res. 104: Ms. BERKLEY. H.R. 2638 KENNEDY, Mr. WEXLER, and Mr. GRIJALVA. H. Con. Res. 138: Mr. PASCRELL, Mr. OFFERED BY: MR. TANCREDO H.R. 1975: Mr. ORTIZ, Mr. PERLMUTTER, and LOBIONDO, Mr. SAXTON, Mr. HOLT, Mr. GAR- Mr. JONES of North Carolina. AMENDMENT NO. 16: At the end of the bill RETT ORRINE ROWN H.R. 1977: Mr. FERGUSON, Mr. LOBIONDO, of New Jersey, Ms. C B of (before the short title), insert the following: EFFERSON ACKSON EE SEC. 544. None of the funds made available and Mr. SIRES. Florida, Mr. J , Ms. J -L of in this Act may be used to carry out the visa H.R. 2017: Mr. ABERCROMBIE. Texas, Mr. BUTTERFIELD, Mr. CONYERS, Ms. H.R. 2027: Mr. CARNEY, Mrs. JO ANN DAVIS LEE, Mr. DAVIS of Illinois, and Mr. FER- waiver program under section 217 of the Im- of Virginia, and Mr. GORDON. GUSON. migration and Nationality Act (8 U.S.C. H.R. 2032: Ms. MCCOLLUM of Minnesota, Ms. H. Con. Res. 162: Mr. COURTNEY. 1187). HIRONO, and Ms. SLAUGHTER. H. Res. 226: Mr. FILNER. H.R. 2638 H.R. 2060: Mr. HASTINGS of Washington and H. Res. 231: Mr. WELLER. OFFERED BY: MR. TANCREDO H. Res. 257: Mr. BRADY of Pennsylvania, Mr. MCINTYRE. AMENDMENT NO. 7: At the end of the bill H.R. 2109: Mr. CANTOR. Mr. COBLE, Mr. MCHUGH, and Mr. SESSIONS. (before the short title), insert the following: H.R. 2111: Mr. CONYERS. H. Res. 282: Ms. MOORE of Wisconsin, Mr. SEC. 544. None of the funds made available H.R. 2129: Ms. WATERS, Mr. GONZALEZ, Mr. MEEKS of New York, Mr. WALSH of New in this Act may be used in contravention of GEORGE MILLER of California, and Mr. EMAN- York, Mr. JOHNSON of Georgia, Mr. WELLER, section 642(a) of the Illegal Immigration Re- UEL. Mr. HINOJOSA, and Mr. SESTAK. form and Immigrant Responsibility Act of H.R. 2131: Mr. MARKEY. H. Res. 287: Ms. MATSUI. 1996 (8 U.S.C. 1373(a)). H. Res. 353: Ms. LEE and Mr. FERGUSON. H.R. 2164: Mr. ALEXANDER. H.R. 2638 H.R. 2165: Mrs. NAPOLITANO, Mr. HOLT, Mr. H. Res. 356: Mr. HOLT, Mr. KENNEDY, Mr. OFFERED BY: MR. TANCREDO CONYERS, Mrs. BONO, Mr. HILL, Ms. CASTOR, CROWLEY, Mr. SPACE, and Mr. PAYNE. and Mr. MCDERMOTT. H. Res. 395: Mr. SARBANES. AMENDMENT NO. 8: At the end of the bill H.R. 2169: Mr. PASCRELL. H. Res. 431: Mr. ELLISON, Mr. BERMAN, and (before the short title), insert the following: H.R. 2232: Ms. BERKLEY. Ms. SCHAKOWSKY. SEC. 544. None of the funds made available H.R. 2265: Mr. DINGELL and Ms. HIRONO. H. Res. 442: Mr. PRICE of North Carolina. in this Act may be used to carry out the di- H.R. 2287: Mrs. CHRISTENSEN. H. Res. 444: Mr. COHEN. versity visa program established in section H.R. 2295: Mr. THOMPSON of California, Mr. H. Res. 467: Mr. MARIO DIAZ-BALART of 203(c) of the Immigration and Nationality THOMPSON of Mississippi, and Ms. SUTTON. Florida, Mr. SHERMAN, Mr. SESSIONS, Mr. Act (8 U.S.C. 1153(c)). H.R. 2304: Ms. WOOLSEY and Mr. MATHESON. ETHERIDGE, Mr. MARSHALL, Mrs. MALONEY of H.R. 2638 H.R. 2341: Mr. SHAYS and Mr. GRIJALVA. New York, Mr. CANTOR, Mrs. TAUSCHER, Mr. OFFERED BY: MRS. DRAKE H.R. 2347: Mr. BACA, Mr. CAPUANO, Mr. BER- HENSARLING, and Ms. MATSUI. AMENDMENT NO. 9: Page 2, line 16, after the MAN, Ms. ROS-LEHTINEN, Mr. GUTIERREZ, Ms. f dollar amount, insert ‘‘(reduced by BERKLEY, Mr. HODES, Mr. HONDA, and Ms. $10,400,000)’’. WASSERMAN SCHULTZ. AMENDMENTS Page 17, line 23, after the dollar amount, H.R. 2349: Mr. WYNN. insert ‘‘(increased by $9,100,000)’’. H.R. 2352: Mr. LEWIS of Georgia. Under clause 8 of rule XVIII, pro- H.R. 2638 H.R. 2358: Mr. CASTLE. posed amendments were submitted as OFFERED BY: MRS. DRAKE H.R. 2362: Mr. SESSIONS and Mr. ROHR- follows: ABACHER. AMENDMENT NO. 10: At the end of the bill H.R. 2638 H.R. 2367: Mr. GRIJALVA. (before the short title), insert the following: H.R. 2373: Mr. ABERCROMBIE. OFFERED BY: MR. ROGERS OF KENTUCKY SEC. 544. None of the funds made available in this Act may be used by U.S. Citizenship H.R. 2384: Mr. DAVIS of Illinois and Mr. AMENDMENT NO. 1: At the end of the bill MCGOVERN. (before the short title), insert the following: and Immigration Services to grant an immi- gration benefit to any individual who com- H.R. 2392: Ms. HIRONO and Ms. ZOE LOFGREN SEC. ll. Each amount appropriated or of California. otherwise made available by this Act that is mits manslaughter while under the influence H.R. 2401: Ms. WATERS. not required to be appropriated or otherwise of alcohol and while operating a motor vehi- H.R. 2417: Mr. MCGOVERN. made available by a provision of law is here- cle that has been involved in interstate com- H.R. 2421: Mr. EMANUEL. by reduced by 5.7 percent. merce. H.R. 2425: Mr. BLUNT. H.R. 2638 H.R. 2638 H.R. 2426: Mr. PETERSON of Minnesota. OFFERED BY: MR. WELDON OF FLORIDA H.R. 2435: Mr. HOLT. OFFERED BY: MR. ROGERS OF KENTUCKY AMENDMENT NO. 11: Page 18, line 25, insert H.R. 2443: Mr. KING of New York, Mr. LEWIS AMENDMENT NO. 2: At the end of the bill before the period at the end the following: ‘‘: of Kentucky, Mr. MCCAUL of Texas, Mr. DON- (before the short title), insert the following: Provided further, That, of the funds made NELLY, Ms. WASSERMAN SCHULTZ, Mr. DENT, SEC. lllll. None of the funds made available under this heading, $250,000 is for a and Mr. ISRAEL. available under this Act may be used to re- study to determine how participation in the H.R. 2458: Mr. SAM JOHNSON of Texas. cruit or hire a total of more than 45,000 full- program under section 287(g) of the Immigra- H.R. 2470: Mr. CARNAHAN, Mr. COURTNEY, time equivalent airport screeners. tion and Nationality Act (8 U.S.C. 1357(g)) Mr. FATTAH, and Mr. OBERSTAR. H.R. 2638 can be increased nationwide’’. H.R. 2499: Ms. JACKSON-LEE of Texas. H.R. 2503: Ms. BALDWIN, Mrs. DAVIS of Cali- OFFERED BY: MR. LANGEVIN H.R. 2638 fornia, and Ms. KILPATRICK. AMENDMENT NO. 3: Page 50, line 26, insert ‘‘: OFFERED BY: MR. WELDON OF FLORIDA H.R. 2508: Mrs. MYRICK and Mrs. JO ANN Provided further, That $50,000,000 of such AMENDMENT NO. 12: At the end of the bill DAVIS of Virginia. amount shall be for cybersecurity research (before the short title), insert the following:

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SEC. 544. None of the funds made available Deputy Chief of Staff (Policy), the Policy SEC.ll. PIPELINE AND REFINERY VULNER- in this Act may be used to provide funds to Advisor (Office of the Chief of Staff), and the ABILITY. a State or political subdivision of a State Director of Public Liaison (Office of the As- That not later than 120 days after the date that refuses a reasonable request made by sistant Secretary of Public Affairs). of the enactment of this Act, the Secretary the head of a law enforcement agency of the (2) Within the Federal Emergency Manage- of Homeland Security shall submit a classi- State or subdivision that the State or sub- ment Agency, the Assistant Secretary (Pol- fied report describing the security division take such steps as may be necessary icy and Planning), the Director of Policy and vulnerabilities of the nation’s pipelines and in order for the law enforcement agency to Program Analysis, and the Regional Admin- oil refineries to the Committee on Appro- participate in the program under section istrators. priations of the House of Representatives, 287(g) of the Immigration and Nationality (3) Within the United States Citizenship the Committee on Appropriations of the Sen- Act. and Immigration Services, the Chief of Pol- ate, the Committee on Homeland Security of H.R. 2638 icy and Strategy. the House of Representatives, the Committee (4) Within the Office of the Assistant Sec- on Homeland Security and Government Af- OFFERED BY: MS. GINNY BROWN-WAITE OF retary for Policy, the Assistant Secretary fairs of the Senate, the Committee on Trans- FLORIDA for Policy Development. portation and Infrastructure of the House of AMENDMENT NO. 13: Page 2, line 16, after (5) Within the Office of the Under Sec- Representatives, and the Committee on the dollar amount insert ‘‘(reduced by retary for Emergency Preparedness and Re- Commerce, Science, and Transportation of $89,125,000)’’. sponse, the Director of Policy. the Senate. Page 11, line 24, after the dollar amount in- (6) Within the Office of US-VISIT Program, H.R. 2638 sert ‘‘(increased by $89,125,000)’’. the Chief of Staff and Senior Policy Advisor. OFFERED BY: MR. ISSA H.R. 2638 (7) Within the United States Customs and AMENDMENT NO. 26: At the end of the bill Border Protection, the Policy Advisor. OFFERED BY: MS. GINNY BROWN-WAITE OF (before the short title), insert the following: FLORIDA (8) Within the Transportation Security Ad- SEC. 544. None of the funds made available ministration, the Director of Special AMENDMENT NO. 14: Page 15, line 15, insert in this Act may be used to enter into a con- Projects for Transportation Security Policy. after the colon the following: ‘‘Provided fur- tract with an entity that employs individ- (9) Within the Office of the Under Sec- ther, That of the amounts made available uals unless the entity agrees to elect to par- retary for Border and Transportation Secu- under this heading, $300,000,000 shall be obli- ticipate in the basic pilot program described rity, the Director of Transportation Security gated for the purposes of constructing fenc- in section 403(a) of the Illegal Immigration Policy for Border and Transportation Secu- ing along the southwest border of the United Reform and Immigrant Responsibility Act of rity. States:’’. 1996 (8 U.S.C. 1324a note). (10) Within the Office of the Under Sec- H.R. 2638 retary for Information Analysis and Infra- H.R. 2638 OFFERED BY: MR. CONAWAY structure Protection, the Deputy Assistant OFFERED BY: MR. SHAYS AMENDMENT NO. 15: At the end of the bill Secretary for Infrastructure Protection Pol- AMENDMENT NO. 27: Page 7, line 16, after (before the short title), insert the following: icy. ‘‘which’’ insert the following: ‘‘$100,000 is for SEC. ll. It is the sense of the House of (11) Within the Office of the Under Sec- sharing counter-terrorism and stolen and Representatives that any reduction in the retary for Science and Technology, the Spe- lost travel document information between amount appropriated by this Act achieved as cial Assistant for Science and Technology. the Department and Interpol and’’. a result of amendments adopted by the H.R. 2638 H.R. 2638 House should be dedicated to deficit reduc- tion. OFFERED BY: MR. CROWLEY OFFERED BY: MR. POE H.R. 2638 AMENDMENT NO. 21: Page 2, line 9, after the AMENDMENT NO. 28: At the end of title V, dollar amount insert ‘‘(reduced by add the following new section: OFFERED BY: MR. CONAWAY $15,000,000)’’. Sec. ll. None of the funds made available AMENDMENT NO. 16: Page 11, line 24, after Page 2, line 16, after the dollar amount in- in this Act may be used by the Secretary of the dollar amount insert ‘‘(reduced by sert ‘‘(reduced by $35,000,000)’’. Homeland Security to implement a plan $5,000,000) (increased by $5,000,000)’’. Page 39, line 14, after the dollar amount in- under section 7209 of the Intelligence Reform H.R. 2638 sert ‘‘(increased by $50,000,000)’’. and Terrorism Prevention Act of 2004 (Public OFFERED BY: MS. CORRINE BROWN OF FLORIDA Page 40, line 5, after the dollar amount in- Law 108–458; 8 U.S.C. 1185 note) that permits sert ‘‘(increased by $50,000,000)’’. travel into the United States from foreign AMENDMENT NO. 17: In title I, in the item countries using any document other than a relating to ‘‘Office of the Chief Financial Of- Page 40, line 8, after the dollar amount in- passport to denote citizenship and identity. ficer’’, after the dollar amount, insert ‘‘(re- sert ‘‘(increased by $50,000,000)’’. duced by $500,000)’’. H.R. 2638 H.R. 2638 In title I, in the item relating to ‘‘Inspec- OFFERED BY: MR. GINGREY OFFERED BY: MR. CARTER tor General, operating expenses’’, after the AMENDMENT NO. 22: Strike section 527 (page AMENDMENT NO. 29: Page 14, line 16, strike dollar amount, insert ‘‘(increased by 65, beginning at line 17). ‘‘Office:’’ and insert ‘‘Office.’’. $500,000)’’. Page 14, strike line 17 and all that follows H.R. 2638 H.R. 2638 through page 16, line 2. OFFERED BY: MS. JACKSON LEE OF TEXAS OFFERED BY: MS. CORRINE BROWN OF FLORIDA H.R. 2638 AMENDMENT NO. 23: At the appropriate AMENDMENT NO. 18: Page 61, after line 11, OFFERED BY: MR. ELLSWORTH place, insert the following: insert the following: AMENDMENT NO. 30: At the end of the bill (d) Orlando International Airport and Sec.ll. Any reports required in this Act and accompanying reports to be submitted (before the short title), add the following Miami International Airport shall be two of new section: the seven airports selected to implement a to the Committees on Appropriations and the Department of Homeland Security’s an- SEC. 544. None of the funds appropriated in pilot program to screen airport workers who this Act may be used to enter into a contract enter or re-enter secure airport space. nual justifications of the President’s budget request shall be posted on the Department of in an amount greater than the simplified ac- H.R. 2638 Homeland Security’s public website not later quisition threshold unless the prospective OFFERED BY: MS. CORRINE BROWN OF FLORIDA than 48 hours after such submission unless contractor certifies in writing to the agency awarding the contract that the contractor AMENDMENT NO. 19: Page 3, line 14, after information in the report compromises na- the dollar amount insert ‘‘(reduced by tional security. owes no Federal tax debt. For purposes of the preceding sentence, the certification re- $1,000,000)’’. H.R. 2638 Page 39, line 14, after the dollar amount in- quirement of part 52.209-5 of the Federal Ac- OFFERED BY: MS. JACKSON LEE OF TEXAS sert ‘‘(increased by $1,000,000)’’. quisition Regulation shall also include a re- quirement for a certification by a prospec- H.R. 2638 AMENDMENT NO. 24: On page 39, line 9, be- fore the period, insert the following: tive contractor of whether, within the three- OFFERED BY: MS. CORRINE BROWN OF FLORIDA Provided further, That funds be used to in- year period preceding the offer for the con- AMENDMENT NO. 20: At the end of the bill crease outreach to encourage emergency pre- tract, the prospective contractor— (before the short title), insert the following: paredness efforts for vulnerable commu- (1) has or has not been convicted of or had SEC. ll. (a) None of the funds provided by nities, including racial and ethnic minori- a civil judgment rendered against the con- this Act shall, effective as of April 1, 2008, be ties, persons with disabilities, the elderly, tractor for violating any tax law or failing to used to fund any position described in sub- and the economically disadvantaged. pay any tax; section (b). (2) has or has not been notified of any de- H.R. 2638 (b) The positions described in this sub- linquent taxes for which the liability re- section are as follows: OFFERED BY: MS. JACKSON LEE OF TEXAS mains unsatisfied; or (1) Within the Office of the Secretary of AMENDMENT NO. 25: At the appropriate (3) has or has not received a notice of a tax Homeland Security, the Ombudsman, the place, insert the following: lien filed against the contractor for which

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HENSARLING AMENDMENT NO. 45: Page 39, line 14, after H.R. 2638 AMENDMENT NO. 32: In title I, under the the dollar amount insert ‘‘(reduced by OFFERED BY: MR. HENSARLING $25,000,000)’’. heading ‘‘Office of the Secretary and Execu- AMENDMENT NO. 58: At the end of the bill Page 39, line 16, after the dollar amount in- tive Management’’, after the first dollar (before the short title) insert the following: sert ‘‘(reduced by $25,000,000)’’. amount insert ‘‘(reduced By $300,000)’’. SEC. ll. None of the funds made available H.R. 2638 H.R. 2638 in this Act in title III under the heading OFFERED BY: MR. HENSARLING OFFERED BY: MR. HENSARLING ‘‘Federal Emergency Management Agency— AMENDMENT NO. 46: Page 39, line 14, after State and local programs’’ for grants for use AMENDMENT NO. 33: In title I, under the the dollar amount insert ‘‘(reduced by in high threat, high-density urban areas may heading ‘‘Office of the Secretary and Execu- be used to support dance classes. tive Management’’, after the first dollar $300,000,000)’’. amount insert ‘‘(reduced By $1,241,000)’’. Page 39, line 16, after the dollar amount in- H.R. 2638 sert ‘‘(reduced by $300,000,000)’’. OFFERED BY: MR. HENSARLING H.R. 2638 H.R. 2638 AMENDMENT NO. 59: At the end of the bill OFFERED BY: MR. HENSARLING OFFERED BY: MR. HENSARLING (before the short title) insert the following: AMENDMENT NO. 34: In title I, under the SEC. ll. None of the funds made available AMENDMENT NO. 47: Page 39, line 14, after heading ‘‘Office of the Under Secretary for the dollar amount insert ‘‘(reduced by in this Act in title III under the heading Management’’, after the first dollar amount $20,000,000)’’. ‘‘Federal Emergency Management Agency— insert ‘‘(reduced By $142,000)’’. Page 40, line 5, after the dollar amount in- State and local programs’’ for grants for use H.R. 2638 sert ‘‘(reduced by $20,000,000)’’. in high threat, high-density urban areas may be used to support puppet shows. OFFERED BY: MR. HENSARLING Page 40, line 23, after the dollar amount in- H.R. 2638 AMENDMENT NO. 35: In title I, under the sert ‘‘(reduced by $20,000,000)’’. heading ‘‘Office of the Under Secretary for H.R. 2638 OFFERED BY: MR. HENSARLING Management’’, after the first dollar amount OFFERED BY: MR. HENSARLING AMENDMENT NO. 60: At the end of the bill (before the short title) insert the following: insert ‘‘(reduced by $350,000)’’. AMENDMENT NO. 48: Page 39, line 14, after SEC. ll. None of the funds made available H.R. 2638 the dollar amount insert ‘‘(reduced by in this Act in title III under the heading $190,000,000)’’. OFFERED BY: MR. HENSARLING ‘‘Federal Emergency Management Agency— Page 40, line 5, after the dollar amount in- AMENDMENT NO. 36: In title I, under the State and local programs’’ for grants for use sert ‘‘(reduced by $190,000,000)’’. heading ‘‘Office of the Under Secretary for in high threat, high-density urban areas may Page 40, line 10, after the dollar amount in- Management’’, after the first dollar amount be used to support bingo games. sert ‘‘(reduced by $190,000,000)’’. insert ‘‘(reduced by $10,160,000)’’. H.R. 2638 H.R. 2638 H.R. 2638 OFFERED BY: MR. HENSARLING OFFERED BY: MR. HENSARLING OFFERED BY: MR. HENSARLING AMENDMENT NO. 61: At the end of the bill AMENDMENT NO. 49: Page 39, line 14, after (before the short title) insert the following: AMENDMENT NO. 37: In title I, under the the dollar amount insert ‘‘(reduced by heading ‘‘Office of the Under Secretary for SEC. ll. None of the funds made available $225,000,000)’’. in this Act in title III under the heading Management’’, after the first dollar amount Page 40, line 5, after the dollar amount in- insert ‘‘(reduced by $1,467,000)’’. ‘‘Federal Emergency Management Agency— sert ‘‘(reduced by $225,000,000)’’. State and local programs’’ for grants for use H.R. 2638 Page 40, line 17, after the dollar amount in- in high threat, high-density urban areas may OFFERED BY: MR. HENSARLING sert ‘‘(reduced by $225,000,000)’’. be used to support yoga classes. AMENDMENT NO. 38: In title I, under the H.R. 2638 H.R. 2638 heading ‘‘Office of the Under Secretary for OFFERED BY: MR. HENSARLING OFFERED BY: MR. HENSARLING Management’’, after the first dollar amount AMENDMENT NO. 50: Page 39, line 14, after AMENDMENT NO. 62: At the end of the bill insert ‘‘(reduced by $1,212,000)’’. the dollar amount insert ‘‘(reduced by (before the short title) insert the following: H.R. 2638 $50,000,000)’’. SEC. ll. None of the funds made available OFFERED BY: MR. HENSARLING Page 40, line 5, after the dollar amount in- in this Act in title III under the heading sert ‘‘(reduced by $50,000,000)’’. ‘‘Federal Emergency Management Agency— AMENDMENT NO. 39: In title I, under the Page 41, line 5, after the dollar amount in- State and local programs’’ for grants for use heading ‘‘Office of the Chief Financial Offi- sert ‘‘(reduced by $50,000,000)’’. cer’’, after the dollar amount insert ‘‘(re- in high threat, high-density urban areas may duced By $6,045,000)’’. H.R. 2638 be used to support art classes. FFERED BY: MR. HENSARLING H.R. 2638 H.R. 2638 O AMENDMENT NO. 51: Page 39, line 14, after OFFERED BY: MR. HENSARLING OFFERED BY: MR. HENSARLING the dollar amount insert ‘‘(reduced by AMENDMENT NO. 63: At the end of the bill AMENDMENT NO. 40: In title I, under the $58,000,000)’’. (before the short title) insert the following: heading ‘‘Office of the Chief Financial Offi- Page 42, line 5, after the dollar amount in- SEC. ll. None of the funds made available cer’’, after the dollar amount insert ‘‘(re- sert ‘‘(reduced by $58,000,000)’’. in this Act in title III under the heading duced By $400,000)’’. H.R. 2638 ‘‘Federal Emergency Management Agency— H.R. 2638 State and local programs’’ for grants for use OFFERED BY: MR. HENSARLING OFFERED BY: MR. HENSARLING in high threat, high-density urban areas may AMENDMENT NO. 52: Page 39, line 14, after be used to support theater workshops. AMENDMENT NO. 41: In title I, under the the dollar amount insert ‘‘(reduced by H.R. 2638 heading ‘‘Office of the Under Secretary for $50,000,000)’’. Management’’ after the dollar amount insert Page 42, line 5, after the dollar amount in- OFFERED BY: MR. HENSARLING ‘‘(reduced By $13,331,000)’’. sert ‘‘(reduced by $50,000,000)’’. AMENDMENT NO. 64: At the end of the bill H.R. 2638 H.R. 2638 (before the short title) insert the following: SEC. ll. None of the funds made available OFFERED BY: MR. HENSARLING OFFERED BY: MR. HENSARLING in this Act in title III under the heading AMENDMENT NO. 42: In title I, under the AMENDMENT NO. 53: Page 42, line 25, after ‘‘Federal Emergency Management Agency— heading ‘‘Office of the Chief Financial Offi- each dollar amount insert ‘‘(reduced by State and local programs’’ for grants for ter- cer’’, after the dollar amount insert ‘‘(re- $270,000,000)’’. rorism prevention activities may be used to duced By $79,000’’. H.R. 2638 support dance classes. H.R. 2638 OFFERED BY: MR. HENSARLING H.R. 2638 OFFERED BY: MR. HENSARLING AMENDMENT NO. 54: Page 42, line 25, after OFFERED BY: MR. HENSARLING AMENDMENT NO. 43: In title I, under the each dollar amount insert ‘‘(reduced by AMENDMENT NO. 65: At the end of the bill heading ‘‘Office of the Chief Financial Offi- $23,000,000)’’. (before the short title) insert the following:

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SEC. l. None of the funds made available ‘‘Federal Emergency Management Agency— SEC. ll. None of the funds made available in this Act in title III under the heading State and local programs’’ for interoperable in this Act may be used for the alteration or ‘‘Federal Emergency Management Agency— communications grants may be used for sup- removal of the Galveston Causeway Bridge State and local programs’’ for grants for ter- porting yoga classes. in Galveston, Texas. rorism prevention activities may be used for H.R. 2638 H.R. 2638 puppet shows. OFFERED BY: MR. HENSARLING OFFERED BY: MR. HENSARLING H.R. 2638 AMENDMENT NO. 74: At the end of the bill AMENDMENT NO. 83: At the end of the bill OFFERED BY: MR. HENSARLING (before the short title) insert the following: (before the short title), insert the following: AMENDMENT NO. 66: At the end of the bill SEC. ll. None of the funds made available SEC. ll. None of the funds made available (before the short title) insert the following: in this Act in title III under the heading in this Act may be used for the alteration or SEC. l. None of the funds made available ‘‘Federal Emergency Management Agency— removal of the Burlington Northern Railroad in this Act in title III under the heading State and local programs’’ for interoperable Bridge in Burlington, Iowa. ‘‘Federal Emergency Management Agency— communications grants may be used for sup- H.R. 2638 State and local programs’’ for grants for ter- porting art classes. OFFERED BY: MR. HENSARLING rorism prevention activities may be used for H.R. 2638 AMENDMENT NO. 84: At the end of the bill bingo games. OFFERED BY: MR. HENSARLING (before the short title), insert the following: H.R. 2638 AMENDMENT NO. 75: At the end of the bill SEC. ll. None of the funds made available OFFERED BY: MR. HENSARLING (before the short title) insert the following: in this Act may be used for the alteration or removal of the Canadian Pacific Railway AMENDMENT NO. 67: At the end of the bill SEC. ll. None of the funds made available (before the short title) insert the following: in this Act in title III under the heading Bridge in LaCrosse, Wisconsin. SEC. l. None of the funds made available ‘‘Federal Emergency Management Agency— H.R. 2638 in this Act in title III under the heading State and local programs’’ for interoperable OFFERED BY: MR. HENSARLING ‘‘Federal Emergency Management Agency— communications grants may be used for sup- AMENDMENT NO. 85: At the end of the bill State and local programs’’ for grants for ter- porting theater workshops. (before the short title), insert the following: rorism prevention activities may be used for H.R. 2638 SEC. ll. None of the funds made available yoga classes. OFFERED BY: MR. HENSARLING in this Act may be used for the alteration or H.R. 2638 AMENDMENT NO. 76: At the end of the bill removal of the Chelsea Street Bridge in Chelsea, Massachusetts. OFFERED BY: MR. HENSARLING (before the short title) insert the following: H.R. 2638 AMENDMENT NO. 68: At the end of the bill SEC. ll. None of the funds made available (before the short title) insert the following: in this Act in title III under the heading OFFERED BY: MR. HENSARLING SEC. l. None of the funds made available ‘‘Federal Emergency Management Agency— AMENDMENT NO. 86: At the end of the bill in this Act in title III under the heading emergency performance grants’’ may be used (before the short title), insert the following: ‘‘Federal Emergency Management Agency— for supporting yoga classes. SEC. ll. None of the funds made available State and local programs’’ for grants for ter- H.R. 2638 in this Act may be used to pay the salary of rorism prevention activities may be used for OFFERED BY: MR. HENSARLING a Department of Homeland Security Director of the Office of Multimedia. art classes. AMENDMENT NO. 77: At the end of the bill H.R. 2638 (before the short title) insert the following: H.R. 2638 OFFERED BY: MR. HENSARLING SEC. l. None of the funds made available OFFERED BY: MR. HENSARLING in this Act in title III under the heading AMENDMENT NO. 69: At the end of the bill AMENDMENT NO. 87: At the end of the bill (before the short title) insert the following: ‘‘Federal Emergency Management Agency— (before the short title), insert the following: emergency performance grants’’ may be used SEC. l. None of the funds made available SEC. ll. None of the funds made available in this Act in title III under the heading for supporting bingo games. in this Act may be used to purchase a Louis ‘‘Federal Emergency Management Agency— H.R. 2638 Vuitton handbag. State and local programs’’ for grants for ter- OFFERED BY: MR. HENSARLING H.R. 2638 rorism prevention activities may be used for AMENDMENT NO. 78: At the end of the bill OFFERED BY: MR. HENSARLING theater workshops. (before the short title) insert the following: AMENDMENT NO. 88: At the end of the bill H.R. 2638 SEC. l. None of the funds made available (before the short title), insert the following: OFFERED BY: MR. HENSARLING in this Act in title III under the heading SEC. ll. None of the funds made available ‘‘Federal Emergency Management Agency— in this Act may be used to pay for adult en- AMENDMENT NO. 70: At the end of the bill emergency performance grants’’ may be used tertainment. (before the short title) insert the following: for supporting puppet shows. Sec. ll. None of the funds made available H.R. 2638 in this Act in title III under the heading H.R. 2638 OFFERED BY: MR. HENSARLING ‘‘Federal Emergency Management Agency— OFFERED BY: MR. HENSARLING AMENDMENT NO. 89: At the end of the bill State and local programs’’ for interoperable AMENDMENT NO. 79: At the end of the bill (before the short title), insert the following: communications grants may be used for sup- (before the short title) insert the following: SEC. ll. None of the funds made available porting dance classes. SEC. l. None of the funds made available in this Act may be used to pay for a parking H.R. 2638 in this Act in title III under the heading ticket. OFFERED BY: MR. HENSARLING ‘‘Federal Emergency Management Agency— H.R. 2638 emergency performance grants’’ may be used FFERED Y R ENSARLING AMENDMENT NO. 71: At the end of the bill O B : M . H for supporting dance classes. (before the short title) insert the following: AMENDMENT NO. 90: At the end of the bill Sec. ll. None of the funds made available H.R. 2638 (before the short title), insert the following: in this Act in title III under the heading OFFERED BY: MR. HENSARLING SEC. ll. None of the funds made available ‘‘Federal Emergency Management Agency— AMENDMENT NO. 80: At the end of the bill in this Act may be used to purchase jewelry. State and local programs’’ for interoperable (before the short title) insert the following: H.R. 2638 communications grants may be used for sup- SEC. l. None of the funds made available OFFERED BY: MR. HENSARLING porting puppet shows. in this Act in title III under the heading AMENDMENT NO. 91: At the end of the bill H.R. 2638 ‘‘Federal Emergency Management Agency— (before the short title), insert the following: OFFERED BY: MR. HENSARLING emergency performance grants’’ may be used SEC. ll. None of the funds made available for supporting art classes. in this Act may be used to pay a bail bond. AMENDMENT NO. 72: At the end of the bill (before the short title) insert the following: H.R. 2638 H.R. 2638 Sec. ll. None of the funds made available OFFERED BY: MR. HENSARLING OFFERED BY: MR. HENSARLING in this Act in title III under the heading AMENDMENT NO. 81: At the end of the bill AMENDMENT NO. 92: At the end of the bill ‘‘Federal Emergency Management Agency— (before the short title) insert the following: (before the short title), insert the following: State and local programs’’ for interoperable SEC. l. None of the funds made available SEC. ll. None of the funds made available communications grants may be used for sup- in this Act in title III under the heading in this Act may be used to send or otherwise porting bingo games. ‘‘Federal Emergency Management Agency— pay for the attendance of more than 50 Fed- H.R. 2638 emergency performance grants’’ may be used eral employees at any single conference oc- for supporting theater workshops. OFFERED BY: MR. HENSARLING curring outside the United States. H.R. 2638 H.R. 2638 AMENDMENT NO. 73: At the end of the bill (before the short title) insert the following: OFFERED BY: MR. HENSARLING OFFERED BY: MR. HENSARLING SEC. ll. None of the funds made available AMENDMENT NO. 82: At the end of the bill AMENDMENT NO. 93: At the end of the bill in this Act in title III under the heading (before the short title), insert the following: (before the short title), insert the following:

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SEC. l. Total appropriations made in this H.R. 2638 made available under this heading, at least Act (other than appropriations required to OFFERED BY: MS. LOFGREN OF CALIFORNIA $3,000,000 is for the establishment of a Na- be made by a provision of law) are hereby re- AMENDMENT NO. 94: Page 31, line 13, insert tional Transportation Security Center of Ex- duced by $362,540,000. after expended ‘‘Provided that, of the funds cellence.’’

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Vol. 153 WASHINGTON, MONDAY, JUNE 11, 2007 No. 93 Senate The Senate met at 2 p.m. and was hereby appoint the Honorable BENJAMIN L. and we listened to hour after hour of called to order by the Honorable KENT CARDIN, a Senator from the State of Mary- debate. I don’t think there is a single CONRAD, a Senator from the State of land, to perform the duties of the Chair. Senator, no matter how one may have North Dakota. ROBERT C. BYRD, finally voted on the motion to proceed President Pro tempore. or not to proceed to the bill, who PRAYER Mr. CARDIN thereupon assumed the doesn’t see an urgent need to fix our The Chaplain, Dr. Barry C. Black, of- chair as Acting President pro tempore. badly broken immigration system. fered the following prayer: f Even those people who oppose this leg- Let us pray. RECOGNITION OF THE MAJORITY islation vehemently believe the system O God, our Father, speak to us today LEADER is broken and needs to be fixed. that here in Your presence we may find So everyone agrees that we need to knowledge of what You want us to do. The ACTING PRESIDENT pro tem- fix it, and I think the best way to fix it Guide our Senators this week so that pore. The majority leader is recog- is to legislate. When it came time to they clearly understand Your desires nized. vote on the bipartisan compromise last and give them the wisdom to obey. f Thursday, 7 Republicans joined with 38 Provide them with daily strength to SCHEDULE Democrats to invoke cloture. Let us honor You with their service. May they put that in proper perspective. Fourth- never act in such a way that they lose Mr. REID. Mr. President, today the fifths of Democrats voted to proceed to their self-respect. Keep them from Senate will be in a period of morning complete this legislation, and one-sev- being the kind of people who want to business until 3:30 p.m., with the time enth of the Republicans voted to pro- get everything out of life while only equally divided and controlled between ceed. That is 80 percent and 14 per- putting a little into it. Remind them the two leaders or their designees. At cent—80 percent of the Democrats said that they will answer to You for the 3:30 p.m., the Senate will have 2 hours move forward and 14 percent of the Re- way they have used their talents to of debate as follows: an hour on the publicans said move forward. Eighty- serve others. Give them the ambition motion to proceed to the energy legis- six percent of the Republicans said no. to honor You with faithfulness and hu- lation, and the second hour will be de- Today, in an hour or so, I am going mility. bate on the motion to proceed to the to send a letter to President Bush to We pray in Your sacred Name. Amen. legislation expressing no confidence in lay out my hope that we can still move Attorney General Gonzales. Starting at f forward on this legislation, but I want 5:30 p.m. today, the Senate will con- him to know that further progress will PLEDGE OF ALLEGIANCE duct a rollcall vote on the motion to require active support from more Re- The Honorable KENT CONRAD led the invoke cloture on the motion to pro- publicans, which is something he has Pledge of Allegiance, as follows: ceed to the Gonzales legislation. If that to make sure his Republicans under- I pledge allegiance to the Flag of the cloture vote fails, then the Senate will stand. United States of America, and to the Repub- have a vote on the motion to proceed I see in today’s newspaper lic for which it stands, one nation under God, to the energy legislation. that one Republican Senator said: I indivisible, with liberty and justice for all. ORDER OF PROCEDURE think the Democrats are going to have f I now ask unanimous consent that at to take care of most of those votes, the APPOINTMENT OF ACTING 5:10 today, until the vote at 5:30, the newspaper article says. Without men- PRESIDENT PRO TEMPORE time be equally divided and controlled tioning the Senator’s name, the article between the two leaders, with the ma- The PRESIDING OFFICER. The states: jority leader controlling the final 10 clerk will please read a communication Put the onus on Democrats to make up the minutes. to the Senate from the President pro 15-vote deficit on cloture, saying Repub- The ACTING PRESIDENT pro tem- licans have nearly maxed out support on tempore (Mr. BYRD). pore. Without objection, it is so or- their side. The assistant legislative clerk read dered. This appears on page 24 of Roll Call: the following letter: f ‘‘I think the Democrats are going to U.S. SENATE, have to deal with most of those PRESIDENT PRO TEMPORE, CONSIDERATION OF IMMIGRATION [votes],’’ the Senator said. Washington, DC, June 11, 2007. AND ENERGY ISSUES To the Senate: Mr. President, 80 percent and 14 per- Under the provisions of Rule I, paragraph Mr. REID. Mr. President, we have cent. It is the President’s bill. So if 3, of the Standing Rules of the Senate, I spent 2 weeks on the immigration bill, other Republican Senators feel the

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VerDate Mar 15 2010 21:51 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JN7.REC S11JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7418 CONGRESSIONAL RECORD — SENATE June 11, 2007 same as the Senator who is expressed The bill we begin debate on today— amendment before any additional on page 24 of Roll Call, saying we have the Renewable Fuels, Consumer Pro- amendments are offered on this bill. to overcome the 15-vote deficit, it tection Energy Efficiency Act of 2007— I hope my colleagues will vote in won’t happen. We have about maxed takes several major steps toward re- favor of the motion to proceed. In fact, out at 80 percent. ducing our dependence on foreign oil, I hope we can proceed to the bill imme- The letter I am going to send to the promoting renewable energy that we diately and not have to use the 30 President will say a number of things. produce right here in America, and pro- hours. That will allow time for more Among other things, it will say: tecting our environment from global amendments. A strong spirit of bipartisanship has held warming. This bill is a substitute to f together the coalition of Democrats and Re- H.R. 6. This bill is a bipartisan bill. publicans who negotiated the compromise A number of my chairmen came to RECOGNITION OF THE MINORITY and has sustained the Senate through 2 full me and said: We have this great legisla- LEADER weeks of debate on the bill. Unfortunately, tion in my committee; can we bring it that bipartisanship was largely absent in a The ACTING PRESIDENT pro tem- crucial vote last Thursday. forward? I said: No, we have to have an pore. The minority leader is recog- energy bill; our initial energy bill has nized. Then I will go on to state to the to be bipartisan. So the Energy Com- f President the percentages I just out- mittee, under the direction of Senators lined. BINGAMAN and DOMENICI, came up with IMMIGRATION I further say in the letter to the a good package. That is part of what President: Mr. MCCONNELL. Mr. President, just we are going to be debating in the Sen- a brief word about the immigration We appreciate the efforts of you and other ate. Republicans who have worked with us to get bill. We could have been wrapping it up the bill this far. But we believe it will take Then, in the Commerce Committee, tonight. stronger leadership by you to ensure that op- Senator STEVENS and Senator INOUYE As I indicated to my good friend, the ponents of the bill do not block the path to also came up with an extremely impor- majority leader, on Thursday after- final passage. Simply put, we need many tant piece of legislation dealing with noon, I thought there was every reason more than seven Republicans to vote for clo- CAFE standards, which is making cars to believe we could have finished the ture and final passage of the bill. more efficient. That is going to be in immigration bill by tonight. Instead, This letter will be signed by Senators the bill to be brought to the floor. we ended up having another cloture REID, DURBIN, SCHUMER, and MURRAY, Senator BOXER and Senator INHOFE vote—in my view, a day or two pre- the Democratic leadership team. also worked together to come up with mature—taking Friday off, and today I want to get the bill done. The over- another piece of legislation that we spending our time on a meaningless whelming majority of the Democratic have put in this one bill. Their part of resolution giving the President advice caucus has already voted for cloture. this bill is also excellent and deals with about whom the Attorney General The American people are certainly green buildings and making the mas- ought to be. looking to Congress for leadership. We sive fleet of Federal cars more energy Having said that, I appreciate the hope President Bush and his Repub- efficient. It is a good piece of legisla- comments of the majority leader that lican allies in Congress will find a way tion, and it is a bipartisan bill. he would like to finish the immigra- There will be people wanting to put to work with us to deliver this bill to tion bill. There is a substantial number tax measures on this, but I think we the immigrants, businesses, and all of Republican Senators who believe should wait until the tax committee— other Americans who deserve it. this bill would be an improvement over If we see new cooperation and a clear Senators BAUCUS and GRASSLEY—does the current situation, over the status way forward from the Republican cau- that. This is a bill which we should try quo, and so I hope we will be able to cus, I will do everything possible to re- to protect the bipartisan aspect of. It chart a path to get us back on track at address the immigration issue after the really is quite a good bill, and if we are some point and hopefully complete, on debate on the Energy bill is completed. able to pass it, we will save 4 million a bipartisan basis, what could well be And it is difficult for me to even say barrels of oil every day. That is pretty the most important domestic achieve- this because I really wanted to move good. ment of this Congress. next to the Defense authorization bill. This bill will set new energy effi- I am pleased to hear the majority If we can work out something, when we ciency standards for lighting, appli- leader say there is a possibility that we finish this Energy bill, to complete im- ances, and water use. This bill alone could get back to this measure and migration, I want to do that. will save 1⁄2 trillion gallons of water wrap it up. That certainly is my hope, Finally, Mr. President, on energy, we every year. For a place like Nevada, and I will look forward to working with will turn our focus this week to one of where we get 4 inches of rain every him toward that end. the great remaining challenges of our year in Las Vegas, that is a lot of I yield the floor. time: our national energy policy. water. In 1931, Thomas Alva Edison had a This is a bill which protects con- f meeting with Henry Ford, whose cars sumers by punishing companies that RESERVATION OF LEADER TIME were driving up consumer demand for price gouge and manipulate supply for gasoline. This is what Edison told their profits. It is a bill which invests The ACTING PRESIDENT pro tem- Ford: in carbon capture and storage, and it pore. Under the previous order, the leadership time is reserved. I’d put my money on the sun and solar en- directs the President and his Cabinet ergy. What a source of power! I hope we don’t to improve diplomatic relations with f have to wait until oil and coal run out before our energy partners in order to give us MORNING BUSINESS we tackle that. more leverage in the global energy Here it is, 76 years later—76 years market. The ACTING PRESIDENT pro tem- later—and we haven’t tackled our ad- Altogether, this bill will save Amer- pore. Under the previous order, there diction to oil, and it has grown into a ican consumers tens of billions of dol- will be a period for the transaction of three-pronged crisis: threatening our lars every year, cut our oil consump- morning business until 3:30 p.m., with economy, threatening our Nation’s se- tion, reduce our dependence on foreign Senators permitted to speak for up to curity, and threatening our environ- energy, and, by the way, might just 10 minutes each, with the time equally ment. save the planet while we are at it. divided and controlled between the two Today, we will use 21 million barrels It is a good, important bill, a bipar- leaders or their designees. of oil and tomorrow the same. How tisan bill, and as I have indicated, The Senator from North Dakota. much is 21 million barrels of oil? It is many of my colleagues will be tempted f a ditch 10 feet deep and 200 football to offer tax amendments. I ask that fields long or a ditch 10 feet deep and 11 they wait until the Finance Committee ATTORNEY GENERAL GONZALES miles long. Every day, we use that oil— has had an opportunity to make rec- Mr. CONRAD. Mr. President, I rise every day. ommendations on an energy tax today to discuss the issues surrounding

VerDate Mar 15 2010 21:51 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JN7.REC S11JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 11, 2007 CONGRESSIONAL RECORD — SENATE S7419 the removal of eight U.S. attorneys sons for their dismissal. Here we have The reasons given for their firings have not last year. Attorney General Gonzales them. been consistent with my experience. . . . has claimed that he had no involve- David Iglesias, New Mexico—there And that: ment in the firing of the U.S. attor- was a probe of Democrats not com- I had very positive encounters with these neys. In fact, this is his statement. He pleted quickly enough. We had promi- folks. said: nent Republicans complaining that he Comey was effusive in his praise of several of the fired prosecutors. I was not involved in seeing any memos, had not reached conclusion on a probe was not involved in any discussions about of Democrats quickly enough. Comey was the Deputy Attorney what was going on. That’s basically what I Carol Lamm, in California—she se- General, and he described Paul knew as the Attorney General. cured the conviction of a Republican Charlton of Arizona as ‘‘ one of the That is really a stunning claim. His Congressman, also had indicted the No. best.’’ He said he had a very positive own Chief of Staff, , ad- 3 official at the CIA, and was inves- view of David Iglesias of New Mexico, mitted the Attorney General misled tigating a Republican Congressman. and called Daniel Ogden of Las Vegas the country. He is not alone. Kyle Daniel Ogden, Nevada—investigated ‘‘straight as a Nevada highway and a Sampson, former Chief of Staff to the a Republican Governor and former Re- fired-up guy.’’ Attorney General, said: publican Congressman. Of John McCay of Seattle, Comey I don’t think the Attorney General’s state- in Arkansas—was re- said: ment that he was not involved in any discus- placed by a operative. He in- I was inspired by him. sions . . . was accurate. I remember dis- vestigated a Republican Governor of Now, it doesn’t take long to figure cussing with him this process of asking cer- Missouri. out what has happened. The Attorney tain U.S. attorneys to resign. John McCay, in Washington State— General comes and testifies he can’t re- reported, on to the dismay of local GOP partisans, call, he doesn’t remember, that he Michael Battle, the former Director of did not investigate the gubernatorial wasn’t really a part of it. He is contra- the Executive Office for U.S. Attor- election won by a Democrat. dicted by his own staff. Then he says it neys, and I quote from that story: Paul Charlton, Arizona—he inves- is performance based, but the perform- The former Justice Department official tigated Republican Congressman Jim ance reviews are without exception who carried out the firings of eight U.S. at- Colby and . positive for these people who have been torneys last year told Congress . . . that a You start to connect the dots here. fired. Their supervisor, who was Dep- memo on the firings was distributed at a No- They said the reason these people were uty Attorney General, has rave reviews vember 27 meeting attended by Attorney removed was because of poor perform- for virtually all of them. General Alberto R. Gonzales. ance. At least that is the assertion of Let’s connect the dots. These are po- NBC News reported on William Mer- the Attorney General. But if you look litically motivated firings. I don’t cer, the Acting Associate Attorney at the written reviews of these same know what other conclusion one can General: U.S. attorneys, ones who had been re- come to, and that is a very serious Justice Department official William W. moved and ones for whom you can find matter. I have been in the Senate for Mercer told congressional investigators on a clear partisan reason for their re- more than 20 years. I have never come April 11 that he attended a meeting with the moval—look at the written reviews of to the floor and raised questions about Attorney General . . . to discuss ‘‘fired U.S. the political motivation of an Attorney Attorney Carol Lamm’s situation.’’ their performance, which is the reason given by the Attorney General for their General—never. I do so now, and I do it It is simply not credible that the At- removal. because I believe this is a serious mat- torney General of the United States David Iglesias, New Mexico, written ter. had no role in the removal of eight U.S. review: When the administration of justice attorneys. After all, he is the head of becomes politically tainted in this the Justice Department. To his credit, Respected by the judiciary, agencies and staff . . . complied with department prior- country, that is an enormously serious the Attorney General did eventually ities. matter. There is no longer, in my admit that he had misspoken in de- Carol Lamm, California: mind, any question but that this Attor- scribing his lack of involvement. Given ney General has tainted his office. Effective manager and respected leader. the growing public record, I don’t That is only further demonstrated by think he had much choice. Daniel Ogden, Nevada: his late night visit to the hospital bed However, to the great disappoint- Overall evaluation was very positive. of the Attorney General of the United ment of people on both sides of the Bud Cummins of Arkansas: States, at that time , to aisle, the Attorney General failed mis- Very competent and highly regarded. get him to sign documents that he re- erably in his attempt to set the record John McCay, Washington State: fused to sign about the legality of cer- straight. In his testimony before the tain actions of this administration. Senate Judiciary Committee, the At- Effective, well-regarded and capable lead- er. We have seen enough. This Attorney torney General used the words, ‘‘I don’t General needs to leave his office. He recall,’’ or a variant on those words, 64 Paul Charlton, Arizona: has tainted his office. He does not de- times. ‘‘I don’t recall,’’ ‘‘I don’t have Well respected . . . established goals that serve the high responsibility and enor- any recollection,’’ ‘‘I have no mem- were appropriate to meet the priorities of mous honor serving as Attorney Gen- the department. ory’’—64 times. Some counts have that eral of the United States. number at over 70. Some even approach What do we have here? The Attorney I yield the floor. 90. General says he wasn’t involved. Oth- The ACTING PRESIDENT pro tem- Time after time, the Attorney Gen- ers of his own staff say he was in- pore. The Senator from Missouri. volved. Then he says it was perform- eral was unable to respond to even f basic questions. He couldn’t explain or ance reasons for which these people couldn’t remember why the U.S. attor- were removed, but if you look at the MEDIA BIAS neys were fired or how he was involved. written reviews of the people who were Mr. BOND. Mr. President, recently I Again, his performance was truly stun- removed, their performance reviews returned from Iraq where I visited ning. His inability or refusal to answer were excellent. Tikrit, Baghdad, Bamadi, and Balad basic questions raises serious issues. Is But what you do have is a clear polit- with three of my congressional col- he incompetent or is he simply playing ical motivation in case after case in- leagues. We had the opportunity to the loyal soldier? Why were these U.S. volving these U.S. attorneys. When you meet with the commanding officers attorneys removed? go back to the reason the Attorney and troops on each location. On the Unfortunately, the answer that im- General is giving now, that it is per- floor of the Senate I spoke to you mediately suggests itself is that these formance based, here is what the about witnessing firsthand some of the firings were politically motivated. former supervisor of these prosecutors progress being made. Since I have seen Let’s look at some of the fired U.S. at- said: so little coverage of that progress, I torneys and the possible political rea- Comey added that: think progress bears repeating.

VerDate Mar 15 2010 21:51 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JN7.REC S11JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7420 CONGRESSIONAL RECORD — SENATE June 11, 2007 The new plan, the counterinsurgency Our correspondent wrote that he was The U.S. military has made a real plan, is showing initial signs of shocked. He checked it out every way difference in Iraqi communities. There progress. Violence in al-Qaim, Haditha, he could, but it appears to have been a are examples of good stories, such as Hit, Ramadi, and Falluja has dramati- false report. The headlines refer to the the local new precinct joint command cally decreased due to local leaders failed attack but depicted a dramati- headquarters. But somehow we are not now siding with coalition forces pur- cally different outcome. There has doing an adequate job of spreading the suing al-Qaida in Iraq. been no apparent retraction, so thou- news. Let me cite an example from to- In Baghdad, U.S. and Iraqi security sands upon thousands, maybe hundreds day’s Washington Post page A11: ‘‘Trib- forces are clearing and holding some of of thousands who saw the headline as- al Coalition In Anbar Said To Be Crum- the most dangerous areas, and sec- sumed yet another tragic incident oc- bling.’’ Well, I have missed it, perhaps, tarian violence has decreased. curred in Falluja and just lumped that if I saw anything in the Washington I was especially impressed with the in with all the other bad news that Post about the coalition. About 23 successes in Ramadi, where only a few makes up a grim picture of Iraq. And sheiks in the tribal areas are cooper- months ago some were claiming it lost you see why our men and women fight- ating with the United States. But when forever, and al-Qaida said it was going ing over there are frustrated. you read the story a little farther, you to establish its headquarters there. In The following morning our cor- see the headline is about one Sunni April, attacks in Ramadi decreased by respondent found himself in another leader who has great concern about an- 74 percent. All 23 tribal areas in situation. He learned a combined Iraqi other Sunni leader, and calls him a Ramadi are cooperating with U.S. Army police and U.S. Marine patrol in ‘‘traitor.’’ Unfortunately, this happens forces to fight al-Qaida militants, 263 Falluja encountered a small band of in- to go on frequently among tribes. weapons caches were discovered in the surgents at a suicide vehicle factory. When you read farther down in the preceding 3 months, and Iraqis are vol- The police engaged the enemy, killing story, we finally interview General unteering by the thousands to join the four of them, and the Iraqi Army and Petraeus. General Petraeus said: I Army and local police force. Marines trapped additional escaping think they have done this for their I am disappointed this progress has insurgents, killing three more. Two lives. This is not just a business deal not been widely covered by the media large trucks laden with explosives and that they have struck; when you op- in the United States. In fact, the only rigged to be suicide vehicles were pose al-Qaida, you are putting it all on TV coverage I have seen was a 60-sec- found. the line. This is not an economic issue. ond clip by Nick Johnson of CNN, who This was a best case scenario: enemy That was the message from our com- did an excellent job. I see the LA Times killed in his tracks, weapon was discov- mander. He did not get the headline. had a story, ‘‘Iraqi Tribal Chiefs Form- ered before it caused any harm, there There was another member of the ing an Anti-Insurgent Party.’’ were no civilian casualties whatsoever, council who said that: The salvation is The frustration at the failure of our and U.S. demolition forces blew up the like one family. There are no problems media to call the successes what they two suicide vehicles. Instead of cele- were is very high. Earlier last week, between us and the members. brating this success, the e-mail noted— U.S. military officials said virtually my office received an e-mail from one the writer noted it was disappointing everyone in Anbar belongs to a tribe of our troops serving in Iraq. He de- to read a headline, ‘‘Children Killed.’’ and that rather than ignore that fact, tailed an exciting success story, the es- According to the story, the U.S. tank they were trying to exploit it. tablishment of a new joint command fired a high-explosive round at insur- precinct for Iraqi police, Iraqi Army There is an overlay of government struc- gents placing an IED in yes- ture and tribal structure, and the two, when and Marines, the first such precinct terday, killing three Iraqi children. they work well, mesh and, in a sense, com- headquarters to be established in The insurgents got away. To anyone plement each other in Anbar. Falluja. His e-mail detailed what a suc- watching the news that day, it would I was able to see an article, a TV cess the operation had been. Almost 200 seem the war in Iraq is being lost and story by Ollie North this past Sunday, Iraqis volunteered for police recruit- the terrorists are winning. While there a war story. He was talking about the ment, hundreds more received out- has been significant progress in Iraq, good old days in World War II. If there patient medical care, damage claims there is no doubt we are losing the war was anything good about the old days were settled, and all present received of information. I couldn’t have said it in World War II, Hollywood and the food and oil rations. And the Iraqis better than the young man who wrote media were on the same side as our seemed to be very pleased to be cooper- my office in frustration, who said: troops. What a wonderful vestige of the ating with the United States. What incredible economy of effort the old times. But the enemy, being very clever, enemy is afforded when U.S. media is their I thought this was a great oppor- working to thwart any and all megaphone. Why spend precious resources on progress, reacted to this success story developing your own propaganda machine tunity to see what had happened in the by sending in some poor suicide bomb- when you can make your opponent’s own past. The war of ideas and public opin- er. Thanks to aggressive patrolling ef- news outlets scream your message louder ion is not just critical in Iraq, it is forts by Iraqi forces, the bomber was than you ever hoped to do independently. critical in the broad war on terror. forced to detonate his vest almost half The young man ended his e-mail by As we know from reading the state- a mile away when he was halted by po- saying the incidents he detailed were ments of Ayman al-Zawahari, the No. 2 lice. He caused superficial wounds to very important to him and his com- in command, he knows they cannot win one Iraqi civilian and killed himself. rades who were serving in Iraq. Typical the war militarily; they can win it only No one else was injured, no other dam- of our brave warfighters, the young by influencing public opinion in the age caused. In the aftermath of the in- man stressed that he and his fellow sol- United States. Unfortunately, recent cident the precinct signed up an addi- diers will continue to fight the fight. congressional action indicates the ter- tional 75 recruits for police service. He acknowledged there will be mis- rorists may not be far off base. Resolu- As this American warrior wrote to takes, setbacks, and casualties that tions to withdraw from Iraq, delaying us: the world will hear about, but there funding for the troops, telling the This bomber failed. He failed to kill inno- will also be successes, victories over Sunni terror cells and the Shia militias cents and he failed to deter the progress of enemy combatants, progress, stability, that America’s political will is waver- standing up Iraqi police. and growth in the new Iraq, but, trag- ing—the supporters of these resolu- But to his frustration there was no ically, it appears no one is going to tions are sending a message: Hang on, coverage of this good news story. In- hear about that in our media since it the United States will not have the po- deed, the media, the U.S. media totally has been increasingly clear that our litical will to outlast them. Our men misreported the story. A number of media is unwilling or able to report and women in uniform are right to be media outlets carried these headlines. anything except bloody headlines and disheartened that we have not only the From the Baltimore Sun, ‘‘Attack on bad news. The U.S. Government has a media but some Members of Congress Iraq Police, At Least 20 Dead.’’ responsibility to do a better job of pub- who are unduly influenced by our From the , ‘‘Twen- lic diplomacy, strategic influence get- enemy. It is critical that we not fall ty Iraqis Die in Suicide Attacks.’’ ting our story out. into this trap set by al-Qaida and the

VerDate Mar 15 2010 21:51 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JN7.REC S11JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 11, 2007 CONGRESSIONAL RECORD — SENATE S7421 other Islamic terrorists who wish to on this matter possibly mean? By a President. Neither the Constitution defeat us. It is about time we realize negative vote, would the House be say- nor this statute say anything about the our brave men and women in Iraq are ing that what the Senate has expressed confidence of the Senate for the con- putting their lives on the line, they are as its own opinion is really not the tinued service of officials the President under fire every day. They are fighting Senate’s opinion? This makes no sense has authority to appoint. a battle and they are making progress whatsoever. In fact, the House already The separation of powers, a principle in the global war on terror. They need has its own resolution regarding the fundamental to our constitutional sys- the funds for equipment, which we fi- Attorney General’s service, and it is a tem itself, is becoming a casualty of nally passed to them, but they also de- regular House resolution. partisan politics. serve our moral support and support in The sponsors of S.J. Res 14 either do The brand new Congressional Re- winning the hearts and minds not only not understand or have disregarded search Service report I mentioned ear- of the United States but of the world. how the legislative process is supposed lier could not identify a single resolu- I yield the floor, and suggest the ab- to work. I suspect it is the latter, using tion like this one even being offered in sence of a quorum. this political ploy to force the Presi- the past and this should not be the The ACTING PRESIDENT pro tem- dent’s involvement. first. No matter what its substance, a pore. The clerk will call the roll. Either way, this body should reject it joint resolution is inappropriate for ex- The assistant legislative clerk pro- out of hand. pressing the sense of the Senate about ceeded to call the roll. The Senate has not used a joint reso- his issue. No matter what its form, a Mr. HATCH. I ask unanimous consent lution in the past on the rare occasion resolution expressing a lack of con- that the order for the quorum call be when it has sought to criticize execu- fidence in an executive branch official rescinded. tive branch officials. Resolutions in the is inappropriate in our system of gov- The PRESIDING OFFICER (Mr. 109th Congress to censure the President ernment. WEBB). Without objection, it is so or- or condemn remarks by a former Cabi- Let me now address two points re- dered. net Secretary were Senate resolutions. garding the substance of this inappro- priate joint resolution. The first point f The resolution to censure the Presi- dent introduced in the 106th Congress, is about the real purpose behind its NO CONFIDENCE RESOLUTION offered by one of the cosponsors of to- words. Even though expressing a lack Mr. HATCH. Mr. President, this day’s joint resolution, was a Senate of confidence in an executive branch afternoon the Senate will decide resolution. Resolutions in the 81st and official is irrelevant in our system of whether to end debate on proceeding to 82nd Congresses demanding the res- government, we all know that the real Senate Joint Resolution 14, which ex- ignation of Secretary of State Dean purpose behind this resolution is to presses the sense of the Senate that the Acheson were Senate resolutions. The pressure the Attorney General to re- Attorney General no longer holds the resolution to censure and condemn sign. On the one hand, if its sponsors want confidence of the Senate or the Amer- President James Buchanan in 1862 was to call for the Attorney General’s res- ican people. a Senate resolution. Our only attempt ignation, they should be honest and do I rise to oppose this so-called no con- to censure the Attorney General, back so. On the other hand, Senators cer- fidence resolution on both procedural in 1886, was through Senate resolu- tainly do not need a resolution—espe- and substantive grounds and will urge tions. This unprecedented use of a joint cially one as fundamentally flawed and my colleagues to vote against ending resolution would distort our legislative inappropriate as this one—to call for debate. To paraphrase Shakespeare, procedure, and I urge my colleagues to the Attorney General’s resignation. As whether or not this joint resolution reject it. a number of this resolution’s sponsors amounts to sound and fury, it signifies The second point about the form of have already done, with the rapt atten- nothing. It is nothing more than a bit this measure is that it purports to be a tion and constant repetition of a com- of political theater which should be re- no confidence resolution. Parliaments pliant media, Senators can demand the jected out of hand. take no-confidence votes for an obvious Let me make two points about its Attorney General’s resignation any reason. In a parliamentary system of time they choose. form and two points about its sub- government, the legislative body’s con- My second point about the substance stance before offering a few comments fidence or support is necessary for the of this misguided joint resolution con- about the controversy from which it head of government and cabinet min- cerns its actual content, the words arose. The first point I want to make isters to serve. themselves. about its form is that this measure For an equally obvious reason, the This joint resolution does not con- would express the sense or opinion of so-called no-confidence resolution be- demn or criticize the Attorney General the Senate through a joint resolution. fore us should be rejected. This is not a for anything he has done or said. It As opposed to regular Senate resolu- parliament. In our Presidential system does not call for his censure. And, just tions that require only Senate passage, of government, the separation of pow- to repeat, this joint resolution does not joint resolutions are legislative vehi- ers means that the chief executive is call for the Attorney General’s resigna- cles requiring passage by both houses elected separately from the legislature, tion. and signature by the President. and cabinet officials such as the Attor- In the past, the Senate has consid- We use joint resolutions to propose ney General serve at the pleasure of ered resolutions doing each of these, al- constitutional amendments and some the President. beit through regular Senate resolu- other legislative business, but this leg- Under the Constitution, the Senate’s tions properly suited to the task. But islative vehicle is simply the wrong consent was required for the Attorney this joint resolution before us does not way to conduct non-legislative busi- General’s appointment, but our con- even contain a single ‘‘whereas,’’ ness such as expressing the opinion of fidence is not required for the Attorney clause offering any indication of the one house. In a report dated today, the General’s continued service. The Attor- basis or any reason for what it says. Congressional Research Service con- ney General serves at the pleasure of Rather, this joint resolution speaks cludes that the form of this measure as the President, not at the confidence of vaguely of ‘‘holding confidence,’’ as if a joint resolution is inappropriate for the Senate. this were an all-or-nothing proposition, what it purports to do. The separation of powers has been a as if this were some kind of a pass-fail I think this is significant and the casualty throughout the controversy test. reason for this conclusion is obvious. If concerning the removal of U.S. Attor- Even when parliaments take no-con- this joint resolution should somehow neys that gave rise to this misguided fidence votes, those votes are at least pass the Senate—which I certainly ex- resolution. As with the Attorney Gen- limited to the confidence of parliament pect it will not—it will be sent to the eral—and with very few exceptions— itself. This joint resolution purports to House. U.S. attorneys serve at the pleasure of speak about all the confidence of all How on Earth can the House vote on the President. the American people. But what could a the sense of the Senate? What could a The U.S. attorney statute says that ‘‘yes’’ or ‘‘roll vote on such a resolu- House vote about the Senate’s opinion they are subject to removal by the tion possibly mean? Would a ‘‘no’’ vote

VerDate Mar 15 2010 21:51 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JN7.REC S11JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7422 CONGRESSIONAL RECORD — SENATE June 11, 2007 mean that no American has any con- however, only about 8 percent of Amer- This summer, Americans will see se- fidence in the Attorney General about icans said this is the story they fol- quels of several movies in the theaters. anything? lowed most closely. Here in the Senate’s political theater, Would a ‘‘yes’’ vote mean that every These national polls are far better we have already seen several sequels of American has complete confidence in suited to measure what the American the same movie. Last week’s Judiciary the Attorney General about every- people think than the joint resolution Committee hearing, for example, was thing? before us, and my Democratic col- part five on the hiring and firing of Because neither one of those can pos- leagues might want to consider an- U.S. attorneys. Every one of those sibly be true, a resolution worded this other nugget of public opinion. same sequels has the same ending. It is way is either seriously misguided or A USA Today/Gallup poll showed no wonder more Americans believe nothing but a publicity stunt. It is not that while 38 percent of Americans be- that enough is enough than believe the focused on his job performance, or his lieve that the Attorney General should Attorney General should resign. leadership of the Justice Department, resign, 40 percent of Americans believe Before I close, let me say a few words but is focused on the Attorney General that Democrats in Congress are spend- about the controversy that was the im- himself. ing too much time on this issue. Let petus for this misguided joint resolu- A resolution asking for a ‘‘yes’’ or me repeat that. More Americans say tion. As I said earlier, U.S. attorneys ‘‘no’’ vote on something as vague and Democrats spend too much time on serve at the pleasure of the President. misdirected as confidence in a person this issue than believe the Attorney With very few exceptions, he may re- attempts to reduce the multifaceted General should resign. One reason move them for whatever reason he and complex to the unilateral and sim- might be that there is so little to show chooses. The President has the author- plistic. In doing so, this misleading for the effort. ity to remove a U.S. attorney to allow joint resolution turns a bit of political Just a few weeks ago, one of my dis- someone else to serve in that position theater into a theater of the absurd. tinguished Democratic colleagues said or because that U.S. attorney’s per- The Senate should not even consider during a press conference that Demo- formance is, in some general or specific such a resolution evoking the image of crats just know that U.S. attorneys way, inadequate. Each of the U.S. at- Caesar listening for the chants of the were fired last year for improper rea- torneys removed last year had served crowd before giving a thumbs-up or a sons. How do Democrats know this? Be- his or her 4-year term and had no right thumbs-down. Rather than purporting cause they have any evidence for that to serve longer if the President didn’t to speak for the American people, I conclusion? want them to. That means the real think we should let the American peo- No. My Democratic colleague had to issue is whether these U.S. attorneys ple speak for themselves. admit that ‘‘we don’t have a smoking were removed for genuinely improper I found 16 opinion polls by nationally gun.’’ That is Washington political reasons, such as interfering with an on- recognized polling outfits during code for ‘‘just take our word for it be- going case. After all this time, all this March and April asking Americans cause we can’t prove it.’’ effort, and all this taxpayer money, whether the Attorney General should Just a couple of weeks before that, there is no evidence for that conclu- resign. These polls did not ask a vague, another distinguished Democratic col- sion. squishy question such as: Do you have league told a gaggle of reporters after a I must candidly say, at the same confidence in the Attorney General? No Judiciary Committee hearing that he time, that the process by which this these polls asked the real question be- ‘‘just knows’’ someone in the White administration set out to evaluate U.S. hind the joint resolution before us House ordered that those U.S. attor- attorneys and replace some of them today: Do you think the Attorney Gen- neys be removed. Now, how does he was bungled from the start. Proper re- eral should resign? An average of 39 know this? Because he has any evi- spect for the office of the Federal pros- percent of Americans said ‘‘yes.’’ Only dence for this conclusion? No. He too ecutor and for the individuals who oc- one poll showed bare majority respond- had to admit that ‘‘of course we don’t cupy it would, it seems to me, require ing in the affirmative and, considering know that’’ a more rigorous, disciplined, organized its margin of error, even that one It is truly ironic that this con- process than apparently was used here. might not show majority support for troversy involves prosecutors. Prosecu- The Attorney General has said as much this result at all. tors must have some evidence to bring and said he should have been more in- Frankly, I am a little surprised that charges. Prosecutors must have some volved. I also think the individuals who the percentage of Americans who say evidence for a conviction. I just wish were asked to resign deserve better, the Attorney General should resign is that some of my Senate colleagues felt more respectful treatment. But there is not higher. My Democratic colleagues such an obligation either to prove their a high burden of proof for those who and many of their media allies, after allegations or move on to more impor- say that a badly executed and ex- all, have been working very hard week tant matters. plained process, even a poorly con- after week after week to persuade our We have been investigating and prob- ceived and mismanaged process, was fellow citizens that the Attorney Gen- ing the removal of those U.S. attorneys instead a nefarious, partisan, political eral should go. for 6 months. Dozens of staff in the scheme to subvert the justice system. Daily front-page news coverage, Sen- Senate, the House, and the Justice De- Continuing to make such claims with- ate and House hearings, protests and partment have done little else since out coming close to meeting that bur- lobbying by activists, blogs, columns, the 110th Congress began. We have seen den appears to many designed, instead, editorials—the Attorney General’s crit- hearing after hearing, interview after to serve partisan political goals. ics have been pulling out all the stops interview, thousands of pages of docu- As I close, I ask my colleagues to for 6 months now. And while the joint ments, and even hundreds of thousands consider one more set of polls. During resolution before us suggests that this of taxpayer dollars to hire outside law the same 2 months, March and April, as aggressive, coordinated effort has de- firms as reinforcements. they were asking about the Attorney prived the Attorney General of every- Democrats continue to authorize sub- General’s resignation, national polling one’s confidence about everything, poenas not only for people who have outfits also asked Americans if they only a little over a third of Americans not refused to testify, but for people approve of the way Congress is doing think he should resign. The Pew Re- who have agreed to testify, and even its job. While an average of 39 percent search Center examined news coverage for people who have already testified. of Americans believe the Attorney during the week in March when the At- And after all that, my Democratic col- General should resign, an average of 56 torney General gave a much-criticized leagues have to admit that they have percent of Americans disapprove of press conference. They found that the no smoking gun, they cannot prove the how we are doing our job. Should we all story about dismissed U.S. attorneys accusations they continue to repeat. resign? I think there are some people was the most reported story in the na- There are plenty of innuendos, carica- who probably would say yes. Far more tional media, with coverage jumping tures, and characterizations. But re- Americans disapprove of Congress than eight fold from the previous week. In peating talking points, sound bites and believe the Attorney General should re- spite of that Herculean media effort, cliches is no substitute for evidence. sign. I wonder whether spending so

VerDate Mar 15 2010 21:51 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JN7.REC S11JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 11, 2007 CONGRESSIONAL RECORD — SENATE S7423 much time on fishing expeditions that The PRESIDING OFFICER. The Sen- The Attorney General called me be- yield no fish and wasting time on inap- ator from Pennsylvania is recognized. fore his hearing came up and asked for propriate, misleading resolutions such Mr. SPECTER. Mr. President, I have my advice, and I said: Set out the rea- as the one before us today only add to sought recognition to speak about the sons why you asked these individuals Americans’ disapproval of our job per- resolution of no confidence on Attor- to resign. Set out the reasons why. He formance. ney General Gonzales. This resolution did not do so. The day after a very tem- In a statement last Friday, the main poses many currents and crosscurrents pestuous hearing in the Judiciary Com- sponsor of this joint resolution said the and many overlapping currents and mittee, he called me again and asked vote on this resolution is about loy- crosscurrents. I have written down five for my advice as to what he ought to alty. I suppose he meant loyalty to the of the currents which I believe are in- do. I said: Al, you still haven’t re- President, as if that were the only rea- volved in the analysis of this issue. sponded as to why you asked these peo- son to oppose using the wrong vehicle First: Have I lost confidence in At- ple to resign. I took the position at for a misleading statement that has no torney General Gonzales? Second: Is that time, and I take the position at relevance to our system of government. this resolution politically motivated? the present time, that I am not going In a way, I agree this is about loyalty, Third: Does Senator SCHUMER have a to ask the President to fire Attorney but I think it is about loyalty to the conflict of interest? Fourth: Will this General Gonzales. That is a matter for Constitution, to the integrity of the resolution likely lead to the departure the President to decide. I am not going legislative process, to this body as an of Attorney General Gonzales or give to let the President tell me how to institution, and to a fair and honest de- him more reason to stay on? And fifth: vote, and I am not going to say to him bate about these issues. If my col- Is the principal reason for this resolu- how he ought to run the executive leagues are loyal to those, they will see tion to help the Department of Justice branch on grounds of separation of that this bit of absurd political theater or to embarrass Republicans? It is an power. Similarly, with Attorney Gen- serves no real purpose and will only interrelationship and a wing of these eral Gonzales, as to what he does, that add to most Americans’ already nega- various considerations which has led to is a personal decision for him to make. tive view of how we are doing our job. my own conclusion on this resolution. But I have been very emphatic in the So I urge my colleagues to reject this First of all, have I lost confidence in Judiciary Committee hearings, as we cloture motion. Attorney General Gonzales? Absolutely have investigated this matter, that I I yield the floor. yes. Attorney General Gonzales has think the Attorney General has not The PRESIDING OFFICER. The Sen- made representations which are false. done the job and that the Department ator’s time has expired. He said he was not involved in discus- of Justice would be much better off Mrs. FEINSTEIN. Mr. President, I sions. He was contradicted by three of without him. wish to ask what the time allocation is his top aides and by documentary evi- The second question I looked at is: Is because I wish to speak on the Demo- dence, e-mails. He said he was not in- this resolution politically motivated? I cratic side. volved in deliberations. Again, he was think that it certainly is. This ties in The PRESIDING OFFICER. The re- contradicted by three top aides and to the crosscurrent as to whether Sen- maining 20 minutes is under the con- documentary evidence, the e-mails. He ator SCHUMER has a conflict of interest. trol of the majority. said he was not involved in the memo- I believe he does. I said so to Senator The Senator from Pennsylvania. randa which were circulated on this SCHUMER eyeball to eyeball, con- Mr. SPECTER. Mr. President, simi- matter. Again, contradicted by three fronting him in the Judiciary Com- larly reserving the right to object, I top aides and documentary evidence. mittee meeting. The day after New have been waiting. I wonder if we He said the terror surveillance pro- Mexico’s U.S. Attorney David Iglesias might have a unanimous consent gram brought no objection within the testified about a conversation that agreement that I be permitted to speak Department of Justice, and we find on Iglesias had with Senator DOMENICI, for 10 minutes, unless the Senator from examination there were serious dis- the Democratic Senatorial Campaign California wants to go first? sents within the Department of Justice Committee posted on their Web site Mrs. FEINSTEIN. Mr. President, if I on the constitutionality of the ter- criticisms of Senator PETE DOMENICI. might respond to that. Of course I want rorist surveillance program. So much The following day, the Democratic to cooperate, but I wish to use the 20 so that , when he fundraising apparatus, led by Senator minutes of Democratic time. I would be served as , was one SCHUMER, published a fundraising let- prepared to extend the time for morn- of those who went to the hospital room ter, and there is no doubt about that ing business if the Senators would of then-Attorney General John conflict of interest. Senator SCHUMER agree to that. Ashcroft to get Attorney General Perhaps there could be a unanimous has been designated to lead the inves- Ashcroft to certify that the program tigation because he is the chairman of consent agreement that Senator SPEC- was constitutional. So there is no the relevant subcommittee. So I think TER is allowed 10 minutes, and I would doubt in my mind that there is no con- be allowed the 20 minutes of Demo- there is no doubt about the overtone of fidence which is residing in Attorney cratic time, requiring an extension of heavy politicization and the conflict of General Gonzales. 10 minutes of morning business. interest. This is much more than a personnel The PRESIDING OFFICER. Is there The third consideration I have is will matter. This is a matter for the admin- objection? this resolution likely lead to the depar- Mr. SPECTER. Mr. President, how istration of the Department of Justice, ture or give the Attorney General a much time remains on each side? which is second only to the Depart- reason to stay on? My hunch is the The PRESIDING OFFICER. The ma- ment of Defense on the welfare of the thrust of the resolution, if it seeks his people of the United States. The De- jority has 181⁄2 minutes and the Repub- ouster, is going to be a boomerang and lican time has expired. partment of Justice has the responsi- is going to be counterproductive. My Mr. SPECTER. Mr. President, the bility for investigating terrorism and own sense is there is no confidence in majority has 181⁄2 minutes, and the mi- antiterrorism, has the responsibility the Attorney General on this side of nority has how much? for enforcing our drug laws, has the re- the aisle but that the views will not be The PRESIDING OFFICER. The mi- sponsibility for enforcing Federal laws expressed in this format. Already, some nority time has expired. of violent crime and white-collar who have called for his resignation on Mrs. FEINSTEIN. If I may, Mr. Presi- crime. The Attorney General has the the Republican side of the aisle have dent, through the Chair to the distin- responsibility for supervising 93 U.S. said they will not vote for this resolu- guished ranking member of the Judici- attorneys from around the country who tion. Others who have declined to com- ary Committee, say my suggestion is have very important positions, some- ment about his capacity have said that we extend the time of morning business thing that I know something about in this is not the proper way to proceed, to accommodate the Senator’s 10 min- some detail, since I was the district at- that our form of government does not utes and my 20 minutes. torney of Philadelphia for some 8 have a no-confidence vote. The PRESIDING OFFICER. Is there years. There is no doubt the Depart- Is the principal reason for this reso- objection? Without objection, it is so ment at the present time is in sham- lution to help the Department of Jus- ordered. bles. tice or to embarrass Republicans? I

VerDate Mar 15 2010 21:51 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JN7.REC S11JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7424 CONGRESSIONAL RECORD — SENATE June 11, 2007 think clear cut, it is designed to em- deal with this resolution on the merits every single one of the Department of barrass Republicans. It is designed to and vote to invoke cloture. Justice’s senior officials who have tes- embarrass Republicans if the Senate I yield the floor. tified has stated under oath that they says the Senate has no confidence in The PRESIDING OFFICER. The Sen- did not place a U.S. attorney on the the Attorney General, and it is de- ator from California is recognized. termination list, with one exception— signed to embarrass Republicans who Mrs. FEINSTEIN. Mr. President, I Kevin Ryan of California. This includes vote against the motion for cloture be- don’t often differ with the distin- Kyle Sampson, the Attorney General’s cause it will be a ‘‘gotcha’’ 30-second guished ranking member. But I came Chief of Staff; , former commercial in later campaigns. It will to the floor as a member of the Senate Deputy Attorney General; Paul McNul- be used to say that whoever votes Judiciary Committee now for 15 years ty, Deputy Attorney General; Mike against the motion to invoke cloture is and as one who takes no particular Elston, Paul McNulty’s Chief of Staff; sanctioning the conduct of Attorney pleasure in what I am about to say. I , White House Liaison; General Gonzales, and anybody who urge a ‘‘yes’’ vote on cloture. I want to Bill Mercer, Associate Attorney Gen- votes against the motion to invoke clo- say why. eral; Mike Battle, Director of the Exec- ture is going to be the recipient of The Department of Justice is one of utive Office of the U.S. Attorneys; and those 30-second ‘‘gotcha’’ commercials. the country’s most important depart- David Margolis, Associate Deputy At- Now, there are many reasons to vote ments. It has a budget of $24 billion torney General. They have all said against the cloture motion. One rea- and over 100,000 employees. It is they did not add names to the list of son—and a dominant reason—is that charged with combating terrorism, those to be fired. To this day, we have the Senate has a lot more important fighting violent crime, stopping drug been unable to find out who put in things to do than engage in this debate trafficking, upholding civil rights, and place the unprecedented targeted pro- on this issue. Thursday night, the ma- enforcing civil liberties. It houses key gram to fire several U.S. attorneys jority leader took down the immigra- agencies, including the FBI, DEA, the midterm, at one time, and who made tion bill. Regrettably, he had cause to Bureau of Prisons, the Marshals Serv- the decision to place these attorneys because the Republican Senators who ice, and U.S. Attorney’s Offices. on that firing list. had objected to the immigration bill As a leader of the Department, the We also learned that an internal wouldn’t allow any amendments to Attorney General is the chief law en- order, entitled ‘‘Delegation of Certain come up. They wouldn’t allow their forcement officer for the people of this Personnel Decisions to the Chief of amendments—they didn’t step forward Nation. He is the chief lawyer of the Staff,’’ that was issued March 1, 2006— with their amendments, nor did they United States. He runs a big depart- in that order, the Attorney General allow others to offer amendments. But ment. He must be a strong manager designated his role in hiring and firing we were on the verge of getting a list. who can direct the day-to-day oper- certain senior officials in the Depart- It was taking a little more time. The ations and an independent leader with ment of Justice to his Chief of Staff, majority leader took down the bill. But an unyielding commitment to the law, Kyle Sampson, and a young, 33-year- the national interest would be a lot who is willing to stand up against, yes, old former researcher for the Repub- better served had we continued with even the President, if necessary. He lican National Committee, Monica the bill on Friday or perhaps on Satur- must lead by example, upholding the Goodling. I must say that I find this a day—we can work on Saturday—or re- highest ethical standards. major abdication of the duty of a lead- turn to the bill today—or still return I think President Lincoln’s Attorney er. In fact, according to internal to the bill today, instead of taking up General put the challenge on the map memos, the Attorney General was this resolution. when he said this: going to completely abdicate his role, Another reason why people could jus- The office I hold is not properly political, until the Office of Legal Counsel tifiably vote against cloture is because but strictly legal, and it is my duty above all stepped in, saying he must at least be the investigation is not complete. That other ministers of state to uphold the law consulted in the process. is still hanging fire, so why have the and to resist all encroachments from what- In a memo dated February 24, 2006, resolution before we finish our inves- ever quarter. Paul Corts, Assistant Attorney General tigation? That is the job of the U.S. Attorney for Administration, wrote this: But there is another reason: the Con- General. The subject before us today is The Office of Legal Counsel advises that stitution arguably expresses a way to the fact that, for many of us, this At- permitting the Attorney General’s delegates deal with Attorney General Gonzales, torney General has not lived up to this to approve appointments (or removals) of and that is by impeachment, as it is standard, and he has lost our con- constitutionally ‘‘inferior officers’’. . . fidence. Unfortunately, the Attorney would be inconsistent with the [Excepting not in line to have a resolution of dis- Clause in the Constitution]. The Office of approval. That is the British system of General has failed to meet the chal- Legal Counsel recommends that the dele- no confidence. It is my sense that lenges during his tenure. gates exercising the authority of this delega- many on this side of the aisle, if not The Department of Justice has be- tion submit appointments or removals to the most, if not almost all—I ask unani- come highly politicized in its hiring Attorney General. mous consent for 1 additional minute. and firing—I hope to lay that out—and Taken together, the most favorable The PRESIDING OFFICER. Without I believe in many of the legal opinions interpretation of these various actions objection, it is so ordered. it issues as well. In many respects, it is is that the Attorney General has clear- Mr. SPECTER. It is my sense that today an extension of the White House, ly sought to avoid these key respon- many on this side of the aisle—most, if rather than the scrupulous, inde- sibilities. not almost all—will vote against clo- pendent enforcer of Federal law as sug- Unfortunately, information has come ture because there are ample reasons gested by President Lincoln’s Attorney to light that demonstrates that the to vote against cloture. But as I look General. problems are not limited to poor man- at this matter, as to which is the more Through the investigation into the agement. Rather, the Department’s weighty, the more compelling, the hiring and firing of at least 9 U.S. at- reputation, independence, and credi- more important, candidly stating I torneys, we have heard Attorney Gen- bility have been put in serious ques- have no confidence in Attorney Gen- eral Gonzales give vague and uncon- tion. eral Gonzales or rejecting the outright vincing responses in critical areas Mr. Gonzales has stated that he be- political chicanery which is involved in about his Department’s performance. lieves the Attorney General wears this resolution offered by the Demo- The Attorney General testified that ‘‘two hats’’—one as a member of the crats, I come down on the side of the he does not know who selected the var- President’s staff and another as the interests of the country, and moving ious U.S. attorneys to be fired; there- Nation’s top law enforcement officer. for improvements in the Department of fore, he does not know why they were How does this compare with what I just Justice is to make a candid statement fired. Can you believe that? He testi- read from Abraham Lincoln’s Attorney that I have no confidence in the Attor- fied that the firings were based on a General? Answer: It does not. ney General, which I have said repeat- ‘‘process of consulting with senior lead- It is this perspective which I believe edly. It is no surprise. I am going to ership in the Department.’’ However, has led the Attorney General to treat

VerDate Mar 15 2010 21:51 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JN7.REC S11JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 11, 2007 CONGRESSIONAL RECORD — SENATE S7425 the Department of Justice as a polit- on the list to be fired after the Presi- On May 23, 2007, Ms. Goodling testi- ical arm of the White House rather dent and Karl Rove called the Attorney fied that ‘‘I may have gone too far in than as the independent law enforce- General to pass along complaints. asking political questions of applicants ment agency it should be. For example, Specifically, Kyle Sampson, former for career positions, and I may have the committee’s investigation has Chief of Staff to the Attorney General, taken inappropriate political consider- shown that seven of the nine U.S. at- testified on March 29, 2007, that: ations into account on some occa- torneys who were fired were not fired I do remember learning, I believe, from the sions.’’ for so-called ‘‘performance reasons’’ at Attorney General that he had received a This is a 33-year-old making these de- all, as stated. In fact, when reviewing complaint from Karl Rove about U.S. Attor- cisions. Where was the Attorney Gen- the six evaluation and review staff re- neys in three jurisdictions, including New eral? Mexico, and the substance of the complaint ports, which are called the EARS re- The Congress has also discovered was that those U.S. Attorneys weren’t pur- that political appointees directed ports, of the fired U.S. attorneys, all suing voter fraud cases aggressively enough. were given strong, positive perform- changes to be made to the performance Mr. Sampson went on to testify that evaluations of career staff and overrode ance evaluations. Here are some exam- he also remembered that: ples: career attorneys’ recommendations re- Just a week before I left the Department in Bud Cummins: garding which cases to pursue or not March, I remember the Attorney General pursue. United States Attorney Cummins was very telling me that he had had a meeting with competent and highly regarded by the Fed- For example, in testimony before the the President in October sometime. . . . I re- House, Joe Rich, who worked at DOJ’s eral judiciary, law enforcement, and the civil member the Attorney General saying, ‘‘You client agencies. know, I remember the President in that Civil Rights Division for 37 years, testi- Despite this review, Mr. Cummins meeting we had in October telling me that fied that he was ‘‘ordered to change the was fired in June of 2006. [there were] concerns about Iglesias.’’ standard performance evaluations of : In addition, the committee’s inves- attorneys under my supervision to in- U.S. Attorney Carol Lam was an effective tigation has shown that many of the clude critical comments of those who manager and a respected leader in the Dis- U.S. attorneys who were fired, or put had made recommendations that were trict . . . The United States Attorney com- on a list to be fired, were handling con- counter to the political will of the mitted significant prosecutorial resources to tentious election-related cases, includ- front office and to improve evaluations the felony immigration and border crime ing , former U.S. attorney of those who were politically favored.’’ cases. in Missouri, who recently revealed that What does this do to the credibility Despite this review, Mrs. Lam was he, too, was forced to resign after he of the Department of Justice of the fired on December 7, 2006, ostensibly had refused to support a case against United States? In the Senate Judiciary Committee’s for the very reason that the EARS re- the Democratic secretary of state in hearing last week, Brad Schlozman tes- port found she had done a good job. Missouri, alleging that Missouri was David Iglesias: tified that ‘‘on a number of occasions, violating Federal law for failing to I believe I did order [Joe Rich to This U.S. Attorney had well-conceived purge voter rolls—that is despite the strategic plans that complied with Depart- change performance evaluations.]’’ rules of the Department urging that no There you have it, the politicization ment priorities and reflected the needs of the case involving election practices be District overall. The U.S. Attorney effec- of the Department of Justice. tively managed complaints, detention deci- brought prior to an election; John Sharon Eubanks, lead attorney for sions, and pretrial practices. McKay, former U.S. attorney in Wash- the Department of Justice on the to- Despite this review, Mr. Iglesias was ington, fired, it appears, because he re- bacco cases, has stated that in June fired on December 7, 2006. fused to bring a case during the hotly 2005, she was pressured to ask for lesser Dan Bogden: contested gubernatorial race against penalties against the tobacco compa- essentially the Democratic candidate; U.S. Attorney Bogden was actively in- nies. She said: volved in the day-to-day management of the David Iglesias, former U.S. attorney in At first, the administration officials at- U.S. Attorney’s office, had established an ex- New Mexico, who, it appears, was fired tempted to get the litigation team and me cellent management team, and had estab- because he refused to bring a case al- and my staff to agree to lower the amount, lished appropriate priority programs that leging voter fraud prior to the election; but there was no basis for doing that, and we support Department initiatives. Tom Hefflefinger, former U.S. attorney refused. And finally, after a number of very Despite this review, Mr. Bogden was in Minnesota, who was put on a list to heated discussions, I said, ‘‘You write it and I’ll say it.’’ fired on December 7, 2006. be fired when he was pushing for an in- Paul Charlton: vestigation into voter discrimination What a terrible comment about some against Native Americans; Steve of the biggest cases ever made in the U.S. Attorney Charlton also made his goals history of the United States. and expectations clear to his staff. . . .The Buskupic, U.S. attorney in Wisconsin, Each of these facts on its own is dis- U.S. Attorney’s office prosecuted more im- who was put on a list to be fired, and concerting, but taken together, they migration violations than any other district. his district was the focus of a docu- show a department being run based on Despite this review, Mr. Charlton was ment sent over from the White House politics and not on law. fired December 7, 2006. for investigation that provided infor- I also believe the Attorney General John McKay: mation on Milwaukee voting trends. has compromised important legal prin- McKay is an effective, well-regarded, and These are just examples of U.S. at- ciples by taking positions and espous- capable leader of the [U.S. Attorney’s office] torneys who were fired or considered to ing opinions that are outside the main- and the District’s law enforcement commu- be fired because of their involvement nity. stream of legal thought. For example, in election fraud cases. Other U.S. at- the Attorney General testified on Jan- Despite this review, Mr. McKay was torneys who were fired were involved uary 18, 2007, that habeas corpus, the fired on December 7, 2006. with sensitive public corruption cases. right to challenge one’s imprisonment, The Department did not turn over The congressional investigation has is not protected by the Constitution. the EARS reports for the two U.S. at- also uncovered that political consider- Here is what the Attorney General torneys who were said to have perform- ations were being taken into account said: ance concerns and who were not identi- with regard to hiring and firing deci- There is no express grant of habeas in the fied until late in the process—Margaret sions for career employees at the De- Constitution. There is a prohibition against Chiara and Kevin Ryan. partment and the prestigious Honors taking it away . . . I meant by that com- Since the initial cause for the firing, Program. Now, that is a no-no. ment, the Constitution doesn’t say ‘‘Every performance was clearly debunked by Monica Goodling, a young, inexperi- individual in the United States or every cit- these reports. It now appears that enced lawyer, 33 years old, was named izen is hereby granted or assured the right to these 6 U.S. attorneys were fired be- White House Liaison at the Depart- habeas.’’ cause they upset the political arm of ment of Justice, and in that role she He has also pushed to narrow the def- the White House. was given the authority to hire and fire inition of torture and changed to whom For example, David Iglesias, by all personnel for many critical positions the Geneva Convention applies. In the accounts a rising star, was only placed at the Department. January 2002 memo he wrote:

VerDate Mar 15 2010 21:51 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JN7.REC S11JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7426 CONGRESSIONAL RECORD — SENATE June 11, 2007 In my judgment, this new paradigm ren- He said: Mr. BINGAMAN. Some of that time ders obsolete Geneva’s strict limitations on There has not been any serious disagree- may be yielded back, but I didn’t want questioning of enemy prisoners and renders ment [about the program] . . . The point I to cut off anyone who wishes to speak quaint some of its provisions. want to make is that, to my knowledge, on this issue before we go to a vote. And when it comes to Guantanamo, none of the reservations dealt with the pro- Mr. President, today we begin consid- Attorney General Gonzales has ex- gram that we are talking about today. eration of energy legislation in the pressed strong objections to closing the That was under oath, Mr. President, Senate. Later today, we will be voting detention facility and moving detain- before us. He didn’t tell us about this. to take up legislation that will make a ees to the United States. He didn’t tell us that he went, as White meaningful and bipartisan contribution The New York Times reported of House Counsel, to a critically ill man’s to charting a new direction for Amer- March 22 of this year that Mr. Gates intensive care unit bed and tried to re- ica’s energy policy. argued to close Guantanamo. But ac- verse a decision that the Acting Attor- There is a growing consensus among cording to administration officials— ney General was making. It wasn’t Federal, State, and local policymakers this is the newspaper only: until Mr. Comey came forward and told across the ideological spectrum, also Mr. Gates’s arguments were rejected after us about it did we know. from corporate leaders and the Amer- Attorney General Gonzales and some other What do I conclude? Each of these Government lawyers expressed strong objec- ican public in general, that our Nation tions to moving detainees to the United issues is serious on its own and each needs to move faster and needs to go States, a stance that was backed by the Of- would raise serious questions about the farther to secure its energy future. fice of the Vice President. qualifications and service of this Attor- America’s family farmers and busi- And despite the fact that the U.S. ney General. The Department of Jus- nesses look no further than the prices Code states ‘‘the Foreign Intelligence tice is charged with enforcing the law that are posted at the corner gas sta- Surveillance Act shall be the exclusive and protecting all Americans’ rights tion to see the vivid and daily indica- means’’ by which electronic surveil- and security. The Attorney General tors of the economic perils inherent in lance may be conducted, the Attorney must enforce the law without fear or maintaining the status quo. In fact, General has argued that the language favor to its political ramifications. He they have watched as gas prices have used in the authorization for use of must act independently and pursue jus- stayed at more than $3 per gallon for military force implicitly authorized tice wherever it may lead, and without well over a month. the President to exercise powers, ‘‘in- compromise. He must uphold the high- Our national security experts cite cluding the collection of enemy intel- est ethical standards. the geopolitical implications and the ligence.’’ Let me quote again from President foreign policy challenges presented by In his prepared testimony from Janu- Lincoln’s Attorney General: the rise of State-owned energy compa- ary 2006, he stated: [t]he office I hold is not properly political, nies and by our own growing depend- The Supreme Court confirmed that the ex- but strictly legal; and it is my duty, above ence on oil imports. In 2005, the United pansive language of the resolution—‘‘all nec- all other ministers of State, to uphold the States imported roughly 60 percent of essary and appropriate force’’—ensures that law and to resist all encroachments from the petroleum that we consumed. With- the congressional authorization extends to whatever quarter. . . . out decisive action, that figure is ex- traditional incidents of waging war . . . This is what the Attorney General pected to approach 70 percent over the [and] the use of communications intelligence should be. That is why I am going to next two decades, with more than 35 to prevent enemy attacks is a fundamental support the motion to close off debate and well-accepted incident of military force. percent of that increase expected to and support the resolution. come from member nations of OPEC or He is thereby saying that Guanta- I thank the Chair. I yield the floor. namo is a creature of this and, there- the Organization of Petroleum Export- fore, legal. I don’t agree with that as- f ing Countries. sessment. CONCLUSION OF MORNING Meanwhile, economists take note of I believe each of these legal opinions BUSINESS our energy policy’s fiscal implications has had dramatic negative con- as well related to America’s global The PRESIDING OFFICER. Morning competitiveness. In 2005 and 2006, our sequences, including negatively im- business is now closed. pacting America’s relationship with dependence on petroleum imports com- f most countries abroad. bined with rising prices to add an esti- Finally, and perhaps most disturbing, CREATING LONG-TERM ENERGY mated $120 billion to our Nation’s trade the Senate has heard testimony from ALTERNATIVES FOR THE NA- deficit. Deputy Attorney General James TION ACT OF 2007—MOTION TO There is no doubt there is a compel- Comey that calls into question the At- PROCEED. ling case for action, but there is also something more fundamental that is torney General’s character and integ- The PRESIDING OFFICER. Under embedded in the American conscious- rity. the previous order, the hour of 3:30 p.m. ness that is animating the national Mr. Comey testified about the con- having passed, the Senate will resume call for a new direction in our energy versation in the intensive care unit of consideration of the motion to proceed George Washington University Hos- policy. to H.R. 6, which the clerk will report. President Franklin Roosevelt once pital where he witnessed then-White The bill clerk read as follows: observed: House Counsel Gonzales ‘‘trying to A bill (H.R. 6) to reduce our Nation’s de- The creed of our democracy is that liberty take advantage of a very sick man’’ to pendency on foreign oil by investing in is acquired and kept by men and women who reverse a judgment that the Terrorist clean, renewable, and alternative energy re- are strong and self- reliant. Surveillance Program was illegal. sources, promoting new emerging energy The testimony—his testimony, technologies, developing greater efficiency, Perhaps it is this American principle Comey’s testimony—raised questions and creating a Strategic Energy Efficiency of self-reliance that is driving national about actions that are contrary to the and Renewables Reserve to invest in alter- debate forward when it comes to en- ethical standards lawyers are required native energy, and for other purposes. ergy policy. to uphold. The PRESIDING OFFICER. Under After all, by tapping America’s limit- Mr. Comey’s testimony stands in the previous order, the time until 4:30 less capacity for innovation, our most sharp contrast to the statements made p.m. shall be equally divided and con- abundant renewable resource, the by Mr. Gonzales to the Senate about trolled between the chairman and United States can become more energy this incident. ranking member of the Committee on self-sufficient. Americans believe we In response to Senators’ questions on Energy and Natural Resources. can and should lead the world when it February 6, 2006, the Attorney General Mr. BINGAMAN. Mr. President, I ask comes to developing the new tech- left the impression that any reports of unanimous consent that we be allowed nologies that will produce clean alter- disagreement within the administra- to equally divide a full hour, which was native energy and help us to address tion about the surveillance program our plan this afternoon. the threat of global warming. Inherent were either inaccurate or in reference The PRESIDING OFFICER. Without in this grand challenge is enormous op- to some other program or issue. objection, it is so ordered. portunity—opportunity to build a

VerDate Mar 15 2010 21:51 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JN7.REC S11JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 11, 2007 CONGRESSIONAL RECORD — SENATE S7427 stronger economy, to create the high- mestic renewable fuel supplies. It does cantly larger than the current production paying jobs of the 21st century, and the so in a manner that will reduce life levels and will continue to absorb the biofuel opportunity, of course, to lower our en- cycle greenhouse gas emissions and supply for the foreseeable future. ergy costs. spur regional diversity of biofuels pro- Yet as the Energy Committee began No single political party has a mo- duction and infrastructure. developing its legislation, it was obvi- nopoly on these ideas. Rather, these The second thing the bill that came ous significant challenges remained if ideas are broadly shared by Members of out of the Energy Committee does is it biofuels are to become a cornerstone of the Senate on both sides of the polit- proposes to enhance economywide en- U.S. efforts to improve our energy self- ical aisle. The shared will to make ergy efficiency in a way that will re- sufficiency. Today, approximately 98 progress in securing America’s energy duce our Nation’s imports of foreign oil percent of domestic ethanol production future is what has brought us to this and provide significant savings to con- is derived from cornstarch, and that point today. Later this afternoon, we sumers. creates upward pressure on commodity will vote on a motion to proceed to leg- The third item we addressed is that prices, restricting production to re- islation that represents the bipartisan we will invest in the carbon capture gions of the country where corn is efforts of four committees in the Sen- and storage technologies that will help grown, and posing challenges to effi- ate—the Energy and Natural Resources us to cut back on the greenhouse gas cient distribution of the fuel. Committee, the Environment and Pub- emissions that contribute to global Diversifying feedstocks to include a lic Works Committee, the Commerce warming. broader array of renewable biomass can I think it would be helpful to de- Committee, and the Foreign Relations promote regional diversity in biofuels scribe for my colleagues some of these Committee. If we are successful in production and distribution, spreading issues in a little more detail. bringing the measure before the Sen- economic benefits to rural commu- First, on the topic of biofuels, there ate, I believe by the time the debate is nities across the country and relieving is no question that in recent years concluded, we will also have the rec- pressure on corn commodity prices. In many factors have sharpened public ommendations of a fifth committee, addition, it can lead to greater effi- focus on the search for viable alter- the Senate Finance Committee, to add ciency in the fuel production process natives to conventional petroleum- to this legislation. and help save on fossil fuel emissions. Suffice it to say there has been a tre- based fuels. I have already described mendous amount of bipartisan legisla- many of those factors, including in- Another issue key to making biofuels tive effort on display in bringing this creased world oil prices, concerns re- a significant factor in displacing do- measure forward. Since the outset of garding import dependence, and the en- mestic petroleum use relates to exist- the 110th Congress, the Senate has held vironmental effects of vehicle emis- ing infrastructure challenges. Of the more than 50 hearings on energy and sions. nearly 170,000 vehicle fueling stations climate-related issues. That is at least Biofuels, which is a term that in- in the United States, only 1 percent one hearing held every other day that cludes both ethanol and biodiesel, can carried E85 or biodiesel in 2006. Con- we have been in session. As it relates be derived from an array of crops and sumers must have access to these fuels to what we have been able to accom- other biological materials that are if they are to become a viable alter- plish in the Senate Energy Committee, available throughout our Nation. Since native. let me at the outset thank Senator the 1970s, all cars and light trucks with To address these various challenges, DOMENICI, the ranking member on the gasoline engines built for the U.S. mar- the Energy Committee’s legislation in- committee, for the goodwill and the ket have been able to run on ethanol creases and extends the existing RFS diligence he has demonstrated at every blends of up to 10 percent. That is E10. to 36 billion gallons in 2022, with spe- step in this effort. A smaller yet increasing number of ve- cific incentives for the production of On the second day of the 110th Con- hicles that is now estimated at about 6 biofuels from new sources of renewable gress, we jointly announced an all-day million on American roads today can biomass. Taken together, these provi- conference related to biofuels policy. run on fuel comprised of 85 percent eth- sions will help provide market cer- This conference drew submissions and anol or E85. Meanwhile, existing diesel tainty to both the existing ethanol in- suggestions from more than 100 stake- engines can run on biodiesel in any dustry and to the next generation of holders. During that all-day session, concentration. Due to concerns about advanced biofuels producers. attended by nearly every member of quality standards, however, manufac- In addition, our legislation provides our committee, we heard from about 30 turers may not honor warranties for resources to help break down infra- experts, who gave us suggestions that engines running on biodiesel blends in structure barriers to renewable fuel formed the intellectual basis for the excess of 5 percent, that is B5, or 20 distribution, and it invests in research committee’s work in the important percent, which is B20. into the basic scientific challenges as- area of renewable fuels. After that, we There is little question that passage sociated with the use of promising new held more than 15 energy policy-related of the Energy Policy Act of 2005 was a feedstocks. watershed event for the Nation’s hearings, including 8 oversight and leg- Altogether, the Energy Information biofuels industry. Establishing the first islative sessions, specifically tailored Administration has estimated the leg- Federal renewable fuel standard, the to take testimony on the issues at the islation’s biofuels provisions can help RFS, created an escalating require- core of our legislation. Those issues, in reduce America’s petroleum imports by ment for the amount of biofuels blend- addition to biofuels, were energy effi- a million barrels per day, an important ed in U.S. gasoline, starting with 4 bil- ciency and, second, carbon capture and contribution to improving our Nation’s lion gallons in 2006, and accelerating to storage. energy security. As a result of this process, Senator 7.5 billion gallons in 2012. DOMENICI and I were able to circulate a However, less than 2 years after that The second major topic of the Energy bipartisan proposal to the committee Energy Policy Act was signed by Presi- Committee’s reported legislation is en- for markup. After a session at which dent Bush, increased use of biofuels is ergy efficiency. The obvious goal of we adopted almost 30 amendments already surpassing the original RFS these provisions is to use existing re- from members on both sides of the targets, with 5 billion gallons added to sources more efficiently, which prom- dais, the Energy Committee reported U.S. gasoline in 2006. Another 6 billion ises to further enhance U.S. self-suffi- legislation with a substantial bipar- gallons of production capacity is ex- ciency and provide environmental ben- tisan margin of 20 to 3. On the whole, I pected to go into operation by 2009, efits and, of course, save consumers think what we were able to accomplish bringing total domestic production ca- money. in a relatively short period of time is pacity to approximately 11.7 billion Improving efficiency in transpor- something all members of our com- gallons. According to the Energy Infor- tation remains one of the most impor- mittee can be proud of. mation Administration’s 2007 Annual tant and vexing energy challenges fac- As I mentioned, the legislation Energy Outlook: ing this Nation. Consumption of liquid touches on three key topics related to the market potential for biofuel blends— fuels is currently projected to grow by our energy future. First, it boosts do- that is B10, B5, and B20—remains signifi- more than 6 million barrels per day,

VerDate Mar 15 2010 21:51 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JN7.REC S11JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7428 CONGRESSIONAL RECORD — SENATE June 11, 2007 from 2005 to 2030, with 5.8 million bar- example, and in doing so we can save I yield the floor. rels per day attributable to transpor- taxpayers money. Mrs. BOXER. Parliamentary inquiry tation. So as fuel consumption in- For example, even as the Govern- before my friend yields: How much creases, so too do U.S. imports, a key ment has reduced its energy consump- time do we have on our side? concern for both the economy and our tion, saving 2.5 percent from fiscal year The ACTING PRESIDENT pro tem- national security. 2004 to fiscal year 2005, Federal energy pore. There is 81⁄2 minutes remaining The Senate Commerce Committee costs nevertheless increased 24.1 per- on the Democratic side. has reported legislation that will in- cent or $14.5 billion. Clearly, rising en- Mrs. BOXER. I was hoping to get 5 crease corporate average fuel economy ergy prices have an impact on the Fed- minutes to speak. standards for the first time in many eral budget, just as they have an im- Mr. BINGAMAN. As soon as Senator years, and this legislation is also in- pact on the budgets for families and on DOMENICI has concluded his statement, cluded in the bill we will vote on later the budgets for businesses across I am glad to yield 5 minutes to the this afternoon. The Commerce Com- America. Senator from California. mittee’s chairman and vice chairman To capture additional savings, this The ACTING PRESIDENT pro tem- are to be congratulated on finding a legislation strengthens Federal energy pore. The Senator from Colorado. way forward on this very difficult requirements from lighting procure- Mr. SALAZAR. Parliamentary in- issue. ment, to petroleum displacement, to quiry. As such, I am pleased to say the pro- energy management strategies across Mr. DOMENICI. Mr. President, I be- visions reported by the Energy Com- Federal buildings. As a result, leading lieve I have the floor. I will be glad to mittee also support the goal of reduc- efficiency groups have estimated that yield for a question. ing the transportation sector’s con- the legislation’s provisions in this area Mr. SALAZAR. Mr. President, would sumption of liquid fuels in general, and can save 60 trillion Btu’s of energy, 15 it be possible to have my colleagues gasoline in particular. Our provisions million metric tons of carbon dioxide, yield 31⁄2 minutes, following Senator establish an escalating goal for reduc- and almost $4 billion of taxpayer BOXER’s statement on our side? ing U.S. gasoline consumption, start- money between now and 2015. Mr. BINGAMAN. I am glad to yield ing with 20 percent in 2017. That is A final issue touched on by the NRC the remaining 31⁄2 minutes on this side enough to reduce world oil prices more committee’s reported legislation re- to the Senator from Colorado. than $2.50 per barrel under current EIA lates to carbon capture and storage or Mr. DOMENICI. Mr. President, might assumptions. carbon sequestration. While scientific I ask the Senator from California, This national goal ramps up to 45 and technological challenges remain, would she like to speak now and then I percent in 2030, which is the equivalent carbon sequestration holds particular will speak after her? I have all my of 5.6 million barrels of oil per day. promise related to the potentially time. I would just as well accommodate That is more than twice the amount of large amounts of carbon dioxide emit- you. You are going to speak 5 minutes, oil the United States imported from ted from the use of fossil fuels. Electric and the Senator, would you like to generating plants may be the most the Persian Gulf in 2005. speak 31⁄2, then, and then I will use To complement these initiatives, the likely initial candidates for imple- mine at the end? legislation also makes investments in menting carbon sequestration. Mr. SALAZAR. That would be fine advanced vehicle technology develop- The Energy Policy Act of 2005 di- with me. ment, basic science related to energy rected the Secretary of Energy to carry Mr. DOMENICI. Mr. President, I ask storage, and public education about out research and development on tech- it be ordered that that time be allotted nologies designed to capture carbon di- how consumers can help reduce their now and the time for the Senator from oxide, specifically with respect to com- own petroleum consumption. New Mexico follows that. In addition to the transportation sec- bustion-based energy systems. How- The ACTING PRESIDENT pro tem- tor, efficiency is a resource we can bet- ever, given the critical nature of these pore. Without objection, it is so or- ter deploy in end uses throughout the efforts, the need to demonstrate emerg- dered. The time allocation will be as ing methodologies, and the potential to U.S. economy. For example, lighting stated. apply them to a wider variety of en- and common household appliances can Mr. DOMENICI. I yield to the Sen- ergy technologies, our legislation account for as much as two-thirds of an ator from California. strengthens and further expands this average American family’s electricity The ACTING PRESIDENT pro tem- research. pore. The Senator from California is bills. By improving a number of appli- In summary, I believe the Energy recognized for 5 minutes. ance efficiency standards and stream- Committee has produced legislation Mrs. BOXER. Mr. President, I am lining and strengthening the Depart- that will help us move forward expedi- here to say this is a very important ment of Energy’s existing program, tiously with groundbreaking research consumers stand to collect $12 billion on carbon sequestration that is key to moment in the Senate. We are moving in benefits as a result of provisions in- addressing global warming, will help toward a change in our Nation’s energy cluded in this underlying bill. spur diverse domestic renewable fuels policy. Clearly, this day has taken a In fact, altogether, the bill’s appli- production, and it will promote energy long time to come. ance efficiency provisions will save at efficiency throughout our economy. Obviously, the bills included in the least 50 billion kilowatt hours per year, These efforts, of course, by our com- leader’s package, Senator REID’s pack- or enough to power roughly 4.8 million mittee, have been further com- age, are not the be-all and end-all of typical U.S. households. It will save 17 plemented by good bipartisan work of everything we have to do. But it is a trillion Btus of natural gas per year, or the other Senate committees I men- significant step forward. As I said the enough to heat about a quarter million tioned. Taken together, these bipar- day I was fortunate enough to gain the typical U.S. homes, and it will con- tisan measures form the backbone of a gavel of the Environment and Public serve at least 560 million gallons of national strategy that meet at least Works Committee—and the Senator water per day, or 1.3 percent of daily three complementary goals: boosting who is presiding knows this—as soon as potable water usage around this Na- U.S. energy self-sufficiency, driving we had the votes we would move for- tion. These savings result from provi- American leadership in clean alter- ward with good legislation. sions which establish the first ever native energy, and putting us on a tra- I think Senator BINGAMAN has cer- Federal water conservation standards jectory to address the threat of global tainly had that same attitude, to begin for clothes washers and dishwashers. warming. moving and getting bills to the floor. I Finally, on the topic of efficiency: I urge my colleagues to vote in favor was very pleased when Senator REID The legislation recognizes the Federal of the motion to proceed to energy leg- agreed that we could have a group of Government itself represents the Na- islation which we will have later this bills put together which would be a tion’s largest energy consumer and can afternoon. real confidence builder so the people play a key role in bringing new tech- I know my colleague, Senator know we are working. nologies to market. The Federal Gov- DOMENICI, wishes to speak, giving his As Senator BINGAMAN said, we have ernment has an obligation to lead by views on the pending legislation. three committees represented in this

VerDate Mar 15 2010 21:51 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JN7.REC S11JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 11, 2007 CONGRESSIONAL RECORD — SENATE S7429 particular piece of legislation. The bill. We think we are finally moving forward on the debate on global warm- committees that participated in this, forward on global warming in a small ing, which is essential to our country; as Senator BINGAMAN said, are the En- but deliberative way to set the stage, and finally, looking at other issues, ergy Committee, the Environment and by making the Federal Government the such as CAFE standards, will help us Public Works Committee, and the leader, in terms of reducing greenhouse get down the road. I urge all my col- Commerce Committee. How fortunate gas emissions. leagues to join us in this historic en- am I to sit on two of the three commit- I thank Senator BINGAMAN for the deavor as we march forward toward en- tees. I wish I sat on all three—this is time and I believe Senator SALAZAR is ergy independence in our Nation. such an important issue—but I am so next. The ACTING PRESIDENT pro tem- pleased to be able to sit on both the The ACTING PRESIDENT pro tem- pore. The Senator from New Mexico is Environment Committee, of which I pore. The Senator from Colorado is rec- recognized. am the Chair, and the Commerce Com- ognized for 3 minutes. Mr. DOMENICI. Mr. President, might mittee. Mr. SALAZAR. Mr. President, let I first say to Senator BINGAMAN, I en- We all know global warming is a me, first of all, congratulate Senator joyed his remarks and summary of looming problem for us. We all should BINGAMAN and Senator DOMENICI, the where we are and where we have been. know at this point. The Environment chairman and ranking member of the Most of that trip has been together; Committee has held at least 12 hear- Energy Committee, for their great part of it with you on the majority and ings on the subject, at which the Pre- work and their leadership. I think the part of it me on the majority. In com- siding Officer was present—I think at legislation they have brought to the bination, there is some pretty good leg- almost all of them. We know the Fed- floor today, along with the legislation islation. People may still say they eral Government is lagging behind on from the other jurisdictions in the Sen- want more, but when you have a sys- global warming; that is, reducing ate, exemplifies the working relation- tem such as we have in America, you greenhouse gas emissions. We are lag- ship we have seen from the Energy have to have two bodies, the Senate ging behind Europe. We are lagging be- Committee over the last 2 years. The and House, agree. We have debate, they hind the mayors of this country and 2005 Energy Policy Act could not have have a Rules Committee. Then you go many States, including my State of been passed without the bipartisan to conference and, think of it, how California, where there has been a bi- leadership exhibited by Senator BINGA- those two, the House and Senate, natu- partisan move forward on reducing MAN and Senator DOMENICI. For that, I rally disagree. Right? We have to get greenhouse gas emissions. am grateful to be a part of their com- all that in agreement before we have a The contribution the Environment mittee. bill that goes to the President. Then he Committee has made to this bill is to Let me say to all our colleagues, we has to sign it. do that, it is to essentially make the should definitely vote yes on the mo- We are lucky. The very first one we Federal Government a model of energy tion to proceed, as we embark on this did, the big bill, probably the best efficiency and of lessening the carbon journey of looking at energy independ- piece of legislation in modern times to footprint we are making. ence for our Nation. The drivers for en- cause America to produce more energy, what energy we could, and to do it in a I am very proud of that. Every single ergy independence, in my mind, are manner that was frugal, with reference one of the bills that is in this package stark and clear. It is fundamentally to environmental damage, was the first passed the Environment committee one of the very most important issues one and the President did us a great with overwhelming support. Only one that face our Nation today. First and favor. He came to our State to sign it, had a few against it at the end, but al- foremost, the driver of national secu- as you recall. It was the first major most all of them were virtually unani- rity compels us to get rid of the addic- piece of legislation. I think that was mous. tion we currently have to foreign oil. We started off taking a look at Fed- great on his part, a very good gesture, When one looks at what is happening eral Government buildings, and we re- because the two Senators were from in Lebanon and the funding of the alized we are way behind the times in New Mexico and it was the first big bill Hezbollah organization that continues terms of the way we use energy. Since and it was one he signed with relish— to create havoc in that part of the our committee has jurisdiction over which means, even as to the executive these buildings, we decided to say that world, it is a stark reminder to us that branch, it was not too far off the mark. from now on, we are going to make for too long, America has slept while Before I get to my statement, I am sure we can save money for taxpayers our enemies have fueled themselves going to say there is one thing that did by reducing the energy costs in Federal with the dollars that come from the not go right. In your remarks, Senator, Government buildings. Not only that, very high price of oil from places such you mentioned a couple of times how but we set up a very important grant as Iraq. Our country today is depend- we in the first bill had promoted tech- program which will give matching ent on us being able to grasp that con- nology because it was obvious to every- grants to local governments so for cept of national security. one that, so long as America lived in a their buildings they can have help That is why in this Senate Chamber world with cheap oil, the power of making them energy efficient. you will see it is not only Democrats those who would invent and would use I do not know if my colleagues are who are going to be working on this en- new technology in the field of energy aware of this, but in America 39 per- ergy legislation but it is Republicans was minimized when gasoline was 50 cent of global warming emissions are working on this legislation, because cents at the pump, because there was attributed to buildings. If the Federal the issue of energy independence is not no broad incentive to do something Government takes the lead and we help a Democratic agenda or Republican about it. all governments make their buildings agenda, it is an agenda that is essential But about the time we got to our energy efficient, we are moving for- to the future security of America. major bill, it was quite clear that we ward. I am hopeful, as we move forward no longer were even major players on We also passed a very good com- with this legislation, we will grasp the the international oil scene. They could promise bill by Senators LAUTENBERG fact that we are taking some signifi- almost do with us what they wanted and WARNER on new buildings, the cant steps forward. First, the biofuels because we were way too dependent. green buildings legislation. We also increased by moving forward with a re- They grew more and more, and that passed a bill on a Capitol powerplant, newable fuel standard will mean we made those who do not like America kind of a model project to see what we will be quintupling the amount of en- less and less concerned about the eco- can do from the carbon coming out of ergy we expect we can produce from nomics of them having a monopoly, so that coal-fired plant. We are excited biofuels. Second, the major initiative to speak. Toying around with the coun- about that. We passed a bill that would with respect to energy efficiency is try that is an open economic society is make the energy building, the Depart- something we ought to embrace. That a big difference. They can really wreak ment of Energy building, a solar build- is low-hanging fruit for all of us in havoc. ing. America as we deal with energy inde- But when we did our bill, we put in a Wrapping it up I see my time is up. pendence. Third, we take major steps provision, a kind of catch-all. I remem- We are very happy to partake in this with carbon sequestration and move ber working on it, and I remember you

VerDate Mar 15 2010 21:51 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JN7.REC S11JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7430 CONGRESSIONAL RECORD — SENATE June 11, 2007 questioning it. Then after a while we the short term. The Energy Policy Act Energy bill—we already know that— agreed, and it was the section that pro- is brightening our Nation’s nuclear providing rural America literally thou- vided for loan guarantees and other in- renaissance. Already over 30 nuclear sands of jobs and billions in new cap- centives for the technologies we men- powerplants are in the works. Imagine ital investment dollars to help bring tioned in this bill as being most impor- that. We went more than two decades clean fuel to our Nation’s gas tanks. tant for America’s future. without a single one applying, and we In the area of biofuels, the 2005 bill You and I remember one of those have now over 30, with a number of created a solid foundation for these sig- that happened was nuclear. We even them way up near the top of the clear- nificant policies set forth in the bill, as had to work hard on a different kind of ance scale where we will be seeing we will consider this shortly on the incentive for nuclear, and we got it in. them cleared for the beginning of con- Senate floor. As a result of the Energy It was a new kind of insurance for the struction soon. bill of 2005, we revitalized a renewable first few who built theirs, that they get I am sure many of us will go to that fuel industry in America through the an insurance policy from the Federal and say it is high time, and we were first ever renewable fuel standard and Government so as to permit them to pleased to be part of it. Now, if oper- production tax credit. We all wondered expedite the building of that very com- ational, these plants will provide when that would come. It is done. plicated, energy-producing nuclear enough electricity for nearly 30 million There are now 114 biorefineries na- powerplant. American homes, while displacing tionwide, with the capacity to produce But the administration, because about 270 metric tons of carbon dioxide 5.5 billion gallons of ethanol a year. somebody in high places does not like each year. That is all because of the act that we loan guarantees—there are all kinds of Just think of that. Think of how passed in 2005 that we keep referring to loan guarantees in government and in much we would have to do to displace that we worked here in this body, on a this world. But somehow somebody that much carbon dioxide if it was pro- bipartisan basis, and then went to the said: You know, we don’t like them. duced, and we had to get rid of it after House the same way, and then had the And the Department of Energy does it was produced, in a coal-burning pow- President join us with great joy in not do them, if you can imagine. erplant or some other plant in the signing it in our State. Additionally, ethanol refinery con- So the Department of Energy has not process of ignition-produced CO2. been doing loan guarantees. Who cares. This is safe, clean, affordable, and re- struction and expansion currently in There are loan guarantees all over the liable large-scale energy for our Na- the works has enough combined capac- Government. The Department of Agri- tion. That is why earlier this year the ity to have an additional 6 billion gal- culture has billions of dollars in loan Nuclear Regulatory Commission ap- lons of ethanol. The biofuels policy in- guarantees. I don’t think we are going proved two early site permits for new cluded in the Energy Policy Act of 2005 broke. They are paid back. It is just reactors in Illinois and Mississippi. has helped create approximately 10,000 that the guarantees are given in a As we try to reduce our dependence American jobs across many sectors of manner that permits those who use on foreign energy and address the issue our Nation’s economy. I think some- them to get money where they other- of the global climate change, it be- times we wonder why the economy did wise would not. comes imperative for our energy and so well. Maybe we should look around Well, we did not do that yet in that environmental security that we keep and say maybe the money spent on en- first bill. I think we still—you and I— the momentum going on nuclear en- ergy facilities across this land, because owe the citizens of our country another ergy in this country. of this act, had something to do with push, and maybe we ought to check On coal technologies, clean coal tech- keeping the employment up and keep- into it and give one more push to the nologies, the policies set forth in the ing the growth up. I am not sure of administration to see how we can en- Energy bill of 2005 have resulted in that, but I just throw it out. Indeed, that act of 2005 could have hance the promotion of loan guaran- bringing 159 new coal-based facilities been called a jobs act, could have been tees by the administration because to various planning stages. Over the called a jobs-producing act, a diver- there should be, for all kinds of prod- next 5 years, the United States will add sification act, providing jobs that were ucts that need a lot of money for ex- an estimated 60,000 miners to the never there before. Ethanol production perimentation, and for many other American workforce. Just think of and demand are setting records in that, Mr. President. Everybody has technologies, there should be a very big America as we seek renewable fuel to pot of loan guarantees. Not $300, $400 been wondering if we are going to have power our cars that we drive. million, there ought to be more, a few enough jobs, enough jobs for our peo- The bill reported out of the Energy billion, so that they can do the work, ple, because they are looking at the and Natural Resources Committee this draw their money on new ideas, and get economy of yesteryear, not of tomor- year, with a strong bipartisan vote, we on with helping us make that step from row. responded to that call for sustain- a society that was almost totally roped Coal miners, instead of being out of ability and to provide a path for the in by oil and gas and nothing else, into work, we will be looking for people to emergence of cellulosic ethanol. That a society with a great divergence of en- join the corps of coal miners in this is what we are here to work on today. ergies. country as we produce more coal be- That will mean we will be able to That is the way we are going in the cause we are going to learn how to use produce much more cellulosic ethanol, legislation. The bill before us con- it clean in our country as we seek to which will do the same thing as eth- tinues that momentum. So I speak avoid this total dependance upon crude anol except it will make us able to today as we prepare to consider energy oil and natural gas. produce far more since we can add the legislation on the floor of the Senate to This past week, the Departments of cellulosic to the ethanol that comes provide the proper context of this bill. Treasury and Energy together an- from corn, and what a machine we will I think it would be instructive to re- nounced new instructions for applying have to produce gasoline for our cars. flect, as I have just done, upon the re- tax credits for advanced coal and gas- In the 2005 Energy bill, we addressed cent accomplishments of Congress. ification projects. In total, three En- almost every conceivable area of en- I have already indicated to you about ergy bill tax credits will provide over ergy policy—from coal to nuclear to 2 years ago the President signed the $1.5 billion to help advance energy electricity transmission, to oil and gas, Energy Policy Act of 2004. Senator projects and capture and sequester car- hydrogen to biofuels. We did this with BINGAMAN from my home State, this bon dioxide. These are already being a majority of both parties in the Sen- sweeping law was the most comprehen- done and the credits have been given ate, embracing this forward-thinking sive energy policy enacted in decades. under the laws which were written in policy for America. I have watched with pride—and this this thoughtful process of developing This wasn’t even a close vote. In each has not been mentioned enough be- legislation over the past 2 years. case it was substantially more than 60 cause it is hard to do. But I have This bill also put in place mecha- votes, a bipartisan vote, almost equal watched with pride that in just 2 years, nisms to ensure a secure, reliable elec- from each side on each of the impor- this long-term policy has already tricity grid for our Nation, and helped tant bills. There have been two al- begun to show great positive impact in transform our agricultural bill into an ready. This one will be the third.

VerDate Mar 15 2010 21:51 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JN7.REC S11JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 11, 2007 CONGRESSIONAL RECORD — SENATE S7431 Simply put, the Energy Policy Act of leader and the floor procedures, that is native ways to produce energy, such as 2005 has already helped to strengthen on this bill. So if people want to do through fuel cells and other distributed our energy security and to grow our something about CAFE, it is pending. generation. Nation’s economy. More importantly, Once this bill is made pending, it is the For too many years, Congress has if implemented effectively, the larger subject matter before the Senate, the sent mixed messages about the impor- impacts of this great bipartisan legis- CAFE standards, which will compel tance of energy independence, security, lation will be felt for decades in this automobile companies to do better diversity, and reliability, especially in country. than they have in terms of miles per the area of renewable and distributed As we prepare to debate on the floor gallon. We have never gone as far as energy and the opportunity for using of the Senate today, we are going to the Commerce Committee did, so it advanced clean coal technology. The consider a bill smaller in scope and less ought to make for a few hot speeches Congress has lacked the commitment, bold in its version. Nevertheless, this here on the floor. I don’t know when or perhaps understanding, about the bill represents bipartisan work span- they will come, but sooner or later major role that renewable energy and ning four committees of the Senate. they will because the CAFE standards clean coal can play in helping our Na- There are a lot of good policies in this for vehicles we drive will be changed. tion meet its future electricity de- bill. However, I believe there must be a I have only one page remaining. I mands without seriously impacting the full and fair debate on this bill and a don’t need to use all my time, espe- environment. complete amendment process to ensure cially when some Senators have had to This is despite the fact that policy- that the work we will do in the Senate wait. I will close by saying to Senators makers have been told repeatedly by and for the American people on energy who are not paying attention and to energy developers that certainty about policy will be complete. Anything staffs watching for their Senators, we the availability of incentives is abso- short of that will be a departure from are not going to be on this bill very lutely essential before they can com- the example of the 2005 act. much longer today. If you want to mit the capital needed to move forward The bill we expect to soon consider come down and speak, I have a little on a major energy project. Yet Con- provides for a biofuels mandate with bit of time. I can give you some. But I gress has passed energy incentives the potential to displace 20 percent of think we are going to start yielding to that, in many cases, are available for the growth in gasoline that we use in other Senators, I assume, and move on. as a little as one year or two. this country by 2020. This addition of 36 I haven’t talked to Senator BINGAMAN In my judgment, the hood ornament billion gallons of biofuels a year will on that. for this start-and-stop, boom-and-bust see the majority of its content come How much time do I have remaining? energy policy is the tax credit for fa- from cellulosic ethanol, a sharp and The ACTING PRESIDENT pro tem- cilities that produce electricity from important move away from corn-based pore. The Senator has 9 minutes re- wind and other renewable resources. ethanol in our fuel mix. maining. This credit has been extended for short We consider this an energy-efficient Mr. DOMENICI. I reserve that time periods five times, and shamefully has measure that if properly implemented and suggest the absence of a quorum. been allowed to expire three times, has the potential to provide important The ACTING PRESIDENT pro tem- since it was enacted in 1992. The Tax efficiencies in vehicles, buildings, pore. The clerk will call the roll. Code is replete with other energy tax homes, and businesses to save the The assistant legislative clerk pro- incentives that Congress made avail- American consumer more than $12 bil- ceeded to call the roll. able for just a year or two, and that lion annually. This is one part of our Mr. SCHUMER. I ask unanimous con- will expire before their full benefit can energy policy that goes unnoticed, the sent that the order for the quorum call be realized. one I have just described, important ef- be dispensed with. It is imperative that we provide a ficiencies. And I do say to our major- The ACTING PRESIDENT pro tem- clear signal to the marketplace that we ity, who was my minority member pore. Is there objection? are committed to the development of when we started, that he has led the ef- Mr. DOMENICI. I object. renewable sources of energy and ad- fort in this part of the changes in the The ACTING PRESIDENT pro tem- vanced clean coal technologies. That is energy policy, those that would make pore. Objection is heard. why I introduced the Clean Energy us more efficient. The clerk will continue the call of Production Tax Incentives Act to make He described today in his speech how the roll. these incentives available for 10 years. much efficiency will come just from The assistant legislative clerk con- The vast majority of energy facilities washing machines and dishwashers. I tinued with the call of the roll. and infrastructure are owned, devel- am not ashamed to talk on the floor Mr. DOMENICI. Mr. President, I ask oped, and operated by the private sec- about dishwashers. Some people say we unanimous consent that the order for tor. We must work closely with indus- shouldn’t talk about dishwashers. Why the quorum call be rescinded. try and other stakeholders to provide shouldn’t we, when it saves a huge The ACTING PRESIDENT pro tem- incentives so that these steps can be amount of energy? I remember when I pore. Without objection, it is so or- taken. For example, I am very sup- got a dishwasher. I got a laundry board dered. portive of a whole range of clean en- as a gift from a constituent because I Mr. DOMENICI. I yield back the re- ergy technologies and resources. North had helped with REA that went up the mainder of my time. I say to the Sen- Dakota epitomizes that with its coal, mountain and took electricity up ator from New York, I was just trying oil, gas, wind and other renewable re- there. So she came down to me at the to find out if there were more people on sources. We can and must utilize them foot of the mountain and said: Here is my side. now and into the future. If we want se- your washboard. I don’t need it any- Mr. DORGAN. Mr. President, in the cure, clean, and reliable energy re- more; I got electricity. I just bought a coming weeks the Senate will debate sources in the future, we must work washing machine. I am thanking you our national energy policy. An impor- with the private sector to help achieve by giving you the washboard. She tant part of that debate will involve our goals. This bill has the support of didn’t have efficiency; that was all tax and other incentives to encourage National Rural Electric Cooperative brawn, right? development of our abundant domestic Association, the North Dakota Asso- Anyway, this bill will save us a lot of energy resources. This debate will af- ciation of Rural Electric Cooperatives, energy on those two items that we fect the lives of every American. Xcel Energy, Basin Electric Power Co- need and use to make our lives better. During that debate we must find a operative, the American Wind Energy On fuel economy, the Senate stands way to encourage greater use of renew- Association, and Otter Tail Power poised to address vehicle fuel effi- able energy sources, advanced clean Company. ciency. One way to help reduce our de- coal technologies in the generation of I also believe we must advance our pendency is by reforming our CAFE electricity, and accelerate efforts to energy interests in a fiscally respon- standards for the vehicles we drive. Ev- move that clean energy to markets by sible manner. The costs of the clean en- erybody should know the Commerce building large transmission projects. ergy tax incentive investments in this Committee did that and, by act of our Furthermore, we need to find alter- legislation would be offset by closing

VerDate Mar 15 2010 21:51 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JN7.REC S11JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7432 CONGRESSIONAL RECORD — SENATE June 11, 2007 down tax loopholes that allow profit- ship are all without precedent. It is a That is on credibility. able U.S. multinational companies to simple measure we have before us. Let On the Attorney General’s lack of avoid paying their fair share. me read it. commitment to independence and the Over the years, I have heard a few It is the sense of the Senate that Attorney rule of law, the record is also disturb- clear messages from the investment General Alberto Gonzales no longer holds the ingly clear. The Attorney General has community, Federal and State regu- confidence of the Senate and of the Amer- long shown that he misperceives his ican people. lators, energy industry, and environ- role. He forgets that he is the people’s mental and local community interests. Are there any Members here who lawyer, not just the President’s. If one It must be clean so that we are don’t agree with that sentiment? If so, needs a single image to symbolize the incentivizing an environmentally sus- I haven’t heard them. Senators are not Attorney General’s contempt for the tainable energy option. We need to a shy lot. Their silence on this point is rule of law, it is that of Alberto send the right market signals with du- deafening. So if Senators cast their Gonzales bending over John Ashcroft’s ration, with a sustained commitment, votes with their conscience, they would sickbed on the night of March 10, 2004. and with certainty so that the best in- speak with near unanimity that there It is the picture of then-White House vestment decisions are made. is no confidence in the Attorney Gen- Counsel Gonzales trying to take advan- I believe this legislation is an impor- eral. Their united voice would undoubt- tage of a very ill man who didn’t even tant step in that direction. edly dislodge the Attorney General have the powers of the Attorney Gen- f from a post he should no longer hold. eral to approve a program that the De- But we may not have a unanimous vote EXPRESSING THE SENSE OF THE partment of Justice could not certify here today, I am told. That is a puzzle was legal. SENATE THAT ATTORNEY GEN- because no matter what standard one ERAL ALBERTO GONZALES NO applies, no matter what criteria one That example, unfortunately, has LONGER HOLDS THE CON- uses, the Attorney General cannot plenty of company. Consider the image FIDENCE OF THE SENATE AND enjoy the confidence of the Senate. He of Attorney General Gonzales in March OF THE AMERICAN PEOPLE—MO- certainly doesn’t of the American peo- of this year making Mrs. Goodling feel TION TO PROCEED ple. ‘‘uncomfortable’’—her word—by going The ACTING PRESIDENT pro tem- The bill of particulars against the through the sequence of events related pore. Under the previous order, the Attorney General is staggering. On the to the U.S. attorney firings. How often Senate will resume debate on the mo- question of the Attorney General’s do people comfort someone by review- tion to proceed to S.J. Res. 14, which credibility, the record speaks for itself. ing their recollection of events that are the clerk will report. Repeatedly, the Attorney General has subject to congressional investigation? The assistant legislative clerk read misled the Congress, misled the Amer- Add to those examples the documented as follows: ican people, and given incredible expla- violations with respect to national se- A motion to proceed to the consideration nations for the U.S. attorney firings. curity letters and other admitted of S.J. Res. 14, expressing the sense of the The Attorney General’s comments abuses in connection with the PA- Senate that Attorney General Alberto have been a series of shifting reactions TRIOT Act. How can such leadership Gonzales no longer holds the confidence of and restatements. Is this confidence-in- inspire confidence? the Senate and of the American people. spiring conduct from the Nation’s chief Rule of law in the Gonzales regime, The ACTING PRESIDENT pro tem- law enforcement officer? sadly, has apparently been an after- pore. Under the previous order, the Re- We learned that Attorney General thought rather than a bedrock prin- publican leader shall control the time Gonzales was personally involved in ciple. Again, there is no liberal or con- from 5 to 5:20, and the majority leader the firing plan after being told he servative or Democratic or Republican shall control the time from 5:20 to 5:30. wasn’t. We learned that the White position on the Attorney General’s The Senator from New York is recog- House was involved after being told it lack of independence and commitment nized. wasn’t. We learned that Karl Rove was to rule of law; it is virtually unani- Mr. SCHUMER. Mr. President, par- involved after being told he wasn’t. We mous. Consider the words of the con- liamentary inquiry: The Republican learned that political considerations servative group the American Freedom leader controls the time from 5:10 to were paramount after being told they Agenda: 5:20, as I understand? weren’t. Then, when the Attorney Gen- The ACTING PRESIDENT pro tem- Attorney General Gonzales has proven an eral finally had the opportunity to set unsuitable steward of the law and should re- pore. Under the previous order, it is the record straight on April 19, 2007, sign for the good of the country. from 5 to 5:20. what did he do? More than 70 times he On the question of whether the De- Mr. SCHUMER. I ask unanimous con- answered ‘‘I don’t know’’ when asked partment has been improperly politi- sent that those of us in favor of this the most basic questions about how he cized, the record is again clear. resolution be given a half hour to de- came to fire 10 percent of the Nation’s bate. U.S. attorneys. The Attorney General Attorney General Gonzales has pre- The ACTING PRESIDENT pro tem- admitted he didn’t know the reasons sided over perhaps the most politicized pore. Is there objection? why several U.S. attorneys were fired Department in history. We have Mr. DOMENICI. I object. but insisted in the very next breath learned that under Alberto Gonzales, The ACTING PRESIDENT pro tem- that he knew they were not fired for being a ‘‘loyal Bushie’’ was more im- pore. Objection is heard. improper reasons. Does that inspire portant than being a consummate pro- Mr. SCHUMER. Mr. President, I un- confidence? One of our most mild-man- fessional. We have learned that U.S. at- derstand there is a misunderstanding. nered Members, Senator PRYOR, be- torneys who were performing their du- They weren’t supposed to start until lieves he was lied to directly by the At- ties admirably were apparently dis- 5:10, but the order says 5 o’clock, which torney General, and he has good reason missed because of unfounded allega- would only give us 10 minutes to de- to think so. tions by political figures, allegations bate this motion. Time after time, the Attorney Gen- that were never investigated or never Let me begin and not waste any fur- eral has shown he doesn’t have the proven. We have learned that an un- ther time. I rise in support of the mo- credibility to lead the Department. precedented voter fraud case was tion to proceed to a vote of no con- This is not a liberal or conservative as- brought in Missouri on the eve of an fidence on Attorney General Alberto sessment. This is not a Democratic or election in clear violation of the De- Gonzales. It is a fair measure. I know it Republican assessment. It is a uni- partment’s own policy. We have is one with few precedents, but it is versal one. Listen to the words of the learned that deep suspicions about im- called for today because the dire situa- conservative National Review maga- proper politicizing even at the entry tion at the Department of Justice is zine, which wrote on March 28: level of the professional ranks were also without precedent. The level of What little credibility Gonzales had is correct. We have learned from the At- disarray and dysfunction, the crisis of gone . . . Alberto Gonzales should resign. torney General’s own former senior credibility, and the failure of leader- The Justice Department needs a fresh start. counselor Monica Goodling that she

VerDate Mar 15 2010 21:51 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JN7.REC S11JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 11, 2007 CONGRESSIONAL RECORD — SENATE S7433 ‘‘crossed the line’’ in considering par- I have a leadership meeting at 5:15. I Senate Republican Campaign Committee, tisan affiliation in filling career posi- have a time problem. I do not seek to the most blatantly political position you can tions at the Justice Department—ca- get in front of the Senator from New hold. Then . . . he embarked on his partisan and political inquisition of the First Family. reer positions, not political positions. York, but I really need to speak at 5 The Office of Professional Responsi- o’clock, at the time I was anticipating According to the New York Times, bility and the Office of Inspector Gen- speaking. the thing about Senator D’Amato’s ac- eral have now opened investigations re- Mr. SCHUMER. Madam President, I tivities that my friend from New York lating to the hiring of immigration ask unanimous consent that the minor- appeared to find particularly galling judges, civil rights lawyers, and Honors ity leader be given his 15 minutes now, was that his behavior was motivated by reelection concerns. Program attorneys. All of this, of that then I be given another 10 minutes Given the two hats my friend from course, occurred under the Attorney to finish my remarks, and the Senator New York currently wears, you can see General’s watch. Either the Attorney from Rhode Island be given 10 minutes why I obviously found the standard he General knew about these potentially to speak, and that we vote imme- set out in 1998 to be quite intriguing. illegal activities and did nothing or he diately thereafter. We all talk to the media—some of us was oblivious to what was going on be- The PRESIDING OFFICER. Is there more than others—and we may make neath his own nose. Either way, Mr. objection? offhand comments we later regret, es- Gonzales is responsible for a deeply po- Mr. MCCONNELL. Madam President, pecially in the heat of a campaign. But litical culture at the Department, un- reserving the right to object, the Sen- the Senator from New York thought precedented in modern times. As ator from Mississippi and I are going his conflict of interest charge was so former Deputy Attorney General Jim to—I guess the Senators from Texas important that he ran a television ad Comey has said, these kinds of blows to and Mississippi and I are going to di- about it. The Buffalo News reported: the reputation of the Department will vide the 15 minutes. Madam President, Among the blizzard of attack ads running be hard to overcome. Does that kind of provided that Senator LOTT and I could this weekend is one in which Schumer leadership inspire confidence? divide the 15 minutes, and Senator charged that D’Amato used the Banking Finally, given all of this, on the basic HUTCHISON could get an additional 4 Committee . . . to mount a ’vicious’ partisan question of competence and effective- minutes, then I would be agreeable to attack on first lady Hillary Rodham Clinton ness, the Attorney General has proven the request. three years ago. himself to lack the leadership ability The PRESIDING OFFICER. Is there Now, New York is certainly an expen- needed to right the Department. By objection? sive media market. Yet because my every account, the Attorney General’s Mr. SCHUMER. Madam President, re- good friend from New York was so con- handling of the U.S. attorney firings serving the right to object, I would add cerned with Senator D’Amato’s has been catastrophic. Morale at the to the request—Senator REID wishes 10 chairing the NRSC while he was inves- Department is at an alltime low. How minutes at the conclusion of the de- tigating the First Lady, he spent a lot can we have confidence in an Attorney bate. So adding the 15 minutes for the of money urging New Yorkers to re- General who can’t get his story minority leader, divided with the mi- move Senator D’Amato from office. So straight? How can we have confidence nority whip from Mississippi, and 4 he must have really thought it was a in an Attorney General who still can’t minutes for the Senator from Texas, 10 serious conflict for someone to lead his tell us why 10 percent of the Nation’s minutes for myself, 10 minutes for the party’s campaign committee while also U.S. attorneys were fired? How can we Senator from Rhode Island, and 10 min- leading an investigation into an admin- have confidence in an Attorney Gen- utes for the Senator from Nevada, I ask istration of the opposite party. How times change, Madam President. eral who would allow his top staff to that we have that time and then we Now my good friend is leading his par- take the fall for his own failings? How vote. ty’s principal campaign committee for can we have confidence in an Attorney The PRESIDING OFFICER. Is there the Senate, the DSCC. At the same General who allowed improper and pos- objection? time, he is leading an official Senate sibly illegal political hiring to take Mr. MCCONNELL. Madam President, investigation into the Justice Depart- place? reserving the right to object, when will ment. Given the crisis of confidence and the vote commence? He chairs the Judiciary Sub- The PRESIDING OFFICER. It will credibility, given the abysmal record of committee on Administrative Over- trampling the rule of law and longtime commence at 5:49. Is there objection? sight and the Courts. standards of nonpolitical hiring, the The media widely reports that he has Without objection, it is so ordered. vote today should be an easy one. Some been tapped by the majority leader to Mr. MCCONNELL. Madam President, will claim they are opposing the mo- lead this investigation. The piece in there are four ways to become a Sen- tion because they say this vote was the National Journal calls him the ator: by appointment, by special elec- called for political reasons. This vote is Democratic ‘‘point man’’ on this par- tion, by winning an open seat, or by de- not about politics. If this were all ticular subject—our good friend from feating an incumbent. about politics, it would be easy to sit New York. back, let the Attorney General remain, My good friend from New York, who He usually has chaired one of the nu- cast aspersions on him for the next 18 has been speaking, and I came to the merous hearings the committee has al- months, and reap the political benefits. Senate the same way: by defeating an ready held on this subject. To borrow But the Department of Justice is too incumbent. That way is often the hard- from the National Journal, you could important, and we have an obligation est, so I am sure the Senator remem- say he is ubiquitous when it comes to to do everything we can in a bipartisan bers his 1998 Senate race against our this subject. way to demand new leadership. former colleague, Senator Al D’Amato. The campaign committee he chairs The PRESIDING OFFICER (Ms. STA- It was quite a race. The Senator from has repeatedly used material derived BENOW). The time of the Senator has New York surely remembers one of his from his investigation for partisan expired. criticisms of Senator D’Amato: that campaign purposes. Mr. SCHUMER. Madam President, we Senator D’Amato had, in essence, He held a press conference before the have had some timing difficulties. We abused his office. ink was barely dry on the Schumer res- have only had about 10 minutes to de- My friend from New York said it was olution. There, he predicted, amaz- bate this resolution. improper for Senator D’Amato to use ingly, that we would go to this resolu- Might I ask the minority leader a his official Senate position to inves- tion immediately after immigration. question? What is his pleasure? I had tigate the former first lady while Sen- And it looks as if the majority leader been told he was coming at 5:10, but ator D’Amato was also chairman of his filed cloture on immigration to make the agreement says 5. party’s Senate campaign committee, sure we kept the schedule of my good The PRESIDING OFFICER. The Re- the NRSC. My friend from New York friend from New York. publican leader. said, in referring to Senator D’Amato: Last, but not least, he is the author Mr. MCCONNELL. Madam President, Do you know what he did right after he got of the resolution we will be voting on my understanding is I am to speak at 5. elected? He became chairman of the national in a little while.

VerDate Mar 15 2010 21:51 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JN7.REC S11JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7434 CONGRESSIONAL RECORD — SENATE June 11, 2007 So I find myself perplexed about the 1989. I do not recall anything of this tions bills, once again. I cannot just application in these circumstances of nature having been proposed before. blame Democrats. We have done the the standard the Senator from New Maybe we should be considering a vote same thing: an omnibus appropriations York set out in 1998. We could call it of no confidence in the Senate or in the bill with all kinds of shenanigans being the Schumer standard. Congress for malfunction, for an inabil- involved in that, trying to lump all It seems to me that Senator ity to produce anything. Yet this reso- these bills together—put the Defense D’Amato’s position in 1998 is like the lution would bring up this issue and appropriations bill in there and irrele- current position of my friend from New have us spend time debating it. vant language and say: Here. Take the York in all material respects. This is not the British Parliament, whole wad, Mr. President. So given that the Senator from New and I hope it never will become the Oh, yes, we did it to Clinton, and we York has said it is a serious conflict of British Parliament. Are we going to have done it to President Bush, but it interest for someone to lead his party’s bring the President here and have a is not the way to do business. Can we campaign committee while he uses his questioning period like the Prime Min- do something about health care? Can official position to lead an investiga- ister has in Great Britain? we get this Energy bill done? Remem- tion of the administration of the oppo- So I am very much concerned about ber now, if you start these different site party, I cannot understand why it this. A vote of no confidence of any cloture votes, being able to find a way is not a conflict of interest for my Cabinet official would have no effect. to get an Energy bill done—not to men- friend from New York to lead his cur- The President makes that decision. tion other things we would like to do rent investigation of the Justice De- And I suspect the ability of a Cabinet after that—they are going to be de- partment. official to perform or not perform is in layed or derailed completely. So this is And given that the Senator from New the eye of the beholder. a very disappointing spectacle here York wanted Senator D’Amato re- But the main point is, that is not our today. moved from office under similar cir- job. We do not have authority to make Now, the sponsor of the resolution— cumstances, I also cannot understand that determination. So what are we the fact is, he is chairman of the Demo- why my good friend should not at least going to accomplish today? This is all cratic Senatorial Campaign Com- recuse himself—recuse himself—from about partisan politics. Nobody is mittee. He is in that position, and then the official investigation of the Justice fooled by this. This is about trying to he is taking these attack positions. So Department that he himself has been get a vote to try to put some people on I do not think anybody has to be drawn leading. the hot spot. That is what it is really a further picture to understand what is In conclusion, I hope it is not the all about. going on with this effort. case that our friend from New York Now, by the way, you have not seen So I urge my colleagues: Look, he has made his point, made his speech. wrote this resolution and pushed the me running around making a big scene We are going to have a vote in a few Senate to spend its valuable time on of expressing my confidence one way or minutes. We ought to summarily punt this particular resolution for partisan the other in this Attorney General, or this out into the end zone where it be- political purposes. And if he did not do any other Attorney General, or the longs. This is beneath the dignity of that, then I trust we will not see the Justice Department, for that matter, the Senate. How low will the Senate campaign committee he is chairing regardless of who is the President of go? If we get into this for hours or using the Senate’s vote on this resolu- the United States. days, pity how much it is going to tion—his own resolution—for campaign We are supposed to be here to pass laws, to get things done. When was the debase this institution even further. purposes. I urge my colleagues to vote against last time we did something like that? Madam President, I yield the floor. the motion to invoke cloture on the Not this year. Frankly, not over the The PRESIDING OFFICER. The Sen- motion to proceed, and let’s move on to last 3 years because of gymnastics like ator from Mississippi. the business of the Senate and the Mr. LOTT. Madam President, par- this—exercising to no effect. No. What business of the American people. The should we be doing for the American liamentary inquiry: How much time do American people may not have par- people? We should be trying to find a I have? ticular confidence one way or the other The PRESIDING OFFICER. The Sen- way to have strong immigration re- in this Attorney General, but this is 1 2 form for illegal and legal immigrants. ator has 9 ⁄ minutes. not an election of the Attorney Gen- Mr. LOTT. I have 91⁄2 minutes? We made a 2-week effort. Some people eral. The PRESIDING OFFICER. That is said: Oh, that is long enough. I can re- I urge my colleagues to vote against correct. member us spending weeks on a bill—I cloture on the motion to proceed and Mr. LOTT. Thank you, Madam Presi- think 6 weeks on No Child Left Behind. let’s get on with the business of the dent. I remember one time we spent a month Senate. I had some passing remarks to make on a tobacco bill, which we eventually I yield the floor. last week about believing we should had to pull down and move on. The PRESIDING OFFICER. The Sen- find a way to move forward the immi- To spend in the Senate weeks on a ator from Texas is recognized. gration reform effort—to improve it, to very important issue, so Senators can Mrs. HUTCHISON. Madam President, change it, but to try to get it done—be- express their views and offer amend- I rise to speak against this motion as cause it is an issue we should not just ments, and they can be voted on, is well. I agree totally with the Senator push aside. quite normal. But, no, we are not doing from Mississippi in saying: What are We ran into some difficulties, and immigration reform. We hope to be we doing spending this whole day talk- there is no use in trying to recount able to get to Defense authorization. ing about a resolution which everyone how that happened. I think the impor- Oh, and by the way, what happened knows will have no effect whatsoever, tant thing is we try to find a way to to the appropriations bills? The major- except probably on the nightly news, resurrect it, get it properly considered, ity leaders do know, I think, that if which I assume was the purpose of in- amended, voted on, and concluded, if at you do not begin the appropriations troducing it in the first place. all possible. But that goes to the heart process in late May or early June, you We have talked about the judgment of what I want to say today. are not going to make it. The majority of the Attorney General in handling Is this what the business of the Sen- leader has, appropriately, said we are the U.S. attorney personnel issues. ate is really all about, a nonbinding, ir- going to pass all the appropriations There is clearly a division. There has relevant resolution? Proving what? bills in regular order. How does he in- been a lot of discussion. A number of Nothing. If this should go forward, we tend to do that? We are not going to do people have said what they think of the would have hours, days—who knows, a a single one in June, and we will be handling of that situation. But stating week—debating on whether to express lucky if we do four in July. It is not your opinion is very different from our confidence or lack thereof in the going to happen. having the Senate address this matter. Attorney General—to no effect. We are going to wind up with a train The President relieved almost all of his Now, I have been in Congress 35 wreck at the end of the fiscal year. We Cabinet when he changed into his sec- years. I have been in the Senate since are going to have all these appropria- ond term. Why wouldn’t he be able to

VerDate Mar 15 2010 21:51 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JN7.REC S11JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 11, 2007 CONGRESSIONAL RECORD — SENATE S7435 replace U.S. attorneys who also serve minority leader and the minority whip, and he is still Attorney General. John at his pleasure in the same way he de- there was not a single word uttered in Ashcroft, who is hardly a liberal, hard- cided to change leadership in the Cabi- defense of the Attorney General. No ly a Democrat, threatened to resign be- net? That is the right of the President. wonder the other side doesn’t want this cause of what then Counsel Gonzales The Senate has the right to confirm resolution brought up. They know the attempted to do, and he is still in of- Cabinet officers and U.S. attorneys, Attorney General has failed miserably fice. and we have exercised that right. What in his job. They know the President The bottom line is very simple. We the Senate should not be doing is pass- has clung stubbornly to keeping a man have a sacred, noble obligation in this ing meaningless resolutions that could who virtually no one in America thinks country to defend the rule of law. only serve a political purpose. is up to the job, who overwhelmingly There was an article in the New York With the issues we have facing this has lost his credibility in his answers Times the other day about how some country, how could we be spending a and nonanswers and ‘‘don’t knows.’’ people are using elections to try to jus- whole day, and possibly more if cloture They can’t defend him. So they do tify themselves staying in office in is invoked, on a resolution that will what somebody does when they don’t some less developed countries. But the have no impact? Why wouldn’t we be have much of an argument—they seek public wasn’t falling for it, because talking about immigration, which we diversions. We will not be diverted. The without rule of law, without democ- discussed last week and the week be- rule of law is too important. The rule racy, without law being applied with- fore that when we were in session? We of law is too sacred. out fear of favor, there is no freedom. were making headway. Immigration is Is it unusual to have a no-confidence Our job is to be vigilant in protecting a very important issue for our country. resolution? Yes. But it is just as un- that freedom. The Energy bill which is before us is usual—more unusual—to have an At- Some of my friends tossed off charges a very legitimate, major issue for our torney General not in charge of his de- of ‘‘political’’—to vote ‘‘no’’ when one, country. We all want to bring gasoline partment on a major issue facing his in fact, agrees with the sentiment in prices down. But all of a sudden, thrust department—the firing of U.S. attor- the resolution is to cast a vote for the in the middle of the energy debate is a neys—to say he didn’t know what was worst political reasons. A ‘‘no’’ vote meaningless resolution of no con- happening 70 times; to have an Attor- ratifies the President’s support for the fidence in the Attorney General. There ney General contradict himself time Attorney General. A ‘‘no’’ vote con- has been no allegation that he has done after time after time. For me, it is un- dones the conduct of the Attorney Gen- something criminal or illegal, just that usual in whatever airport I go to eral. A ‘‘no’’ vote condemns the De- people disagree with his judgment. around this country to have people partment to a prolonged vacuum in There were people who disagreed come up to me—it has happened five or leadership and a crisis of morale. with the Attorney General serving in six times now—and say: I work in the It is politics simply to cover for the the previous administration—Janet Justice Department. I am a civil serv- President when you know on this issue Reno—when the Branch Davidian com- ice employee. Keep it up, Senator. Our he is wrong. It is politics to put blind plex in Waco, TX was charged and peo- Department is demeaned—one of them loyalty to a political leader over the ple died. Many felt the Attorney Gen- used the word ‘‘disgraced’’—by the fact sacred century after century tradition eral jumped the gun and took too dras- that Alberto Gonzales is still Attorney of rule of law. It is politics to voice op- tic an action, when talking would have General. position to the Attorney General and been better. Or the Elian Gonzalez So, yes, a no-confidence resolution is then refuse to back one’s conviction issue. There was much disagreement unusual, but this is not simply a policy with one’s vote. It is politics to know about the handling of that issue. I disagreement. Oh, no. This is a major that Alberto Gonzales should not, must didn’t see Republicans running to the scandal. This is a series of inappro- not, remain as Attorney General and floor of the Senate seeking a resolution priate behaviors by a Cabinet officer. I then quietly, meekly cast your vote to of no confidence in the Attorney Gen- don’t have a single bit of doubt that if keep him. eral. I think, frankly, the majority is the shoe were on the other foot, my I yield the floor, and I reserve the re- jumping the gun in doing something colleagues from the other side of the mainder of my time. such as that here. I hope we will put aisle would be complaining more loud- The PRESIDING OFFICER. The Sen- this away by not invoking cloture on ly, more quickly than we have. ator from Rhode Island is recognized as the motion to proceed. Frankly, I hope What do you do when there is some- part of the unanimous consent agree- we will restore the reputation of this one in an office who we all know ment. body by taking up the issues that af- doesn’t deserve to be in that office, and Mr. WHITEHOUSE. Madam Presi- fect our country, debating them, and not a word—except for Senator dent, I yield 2 minutes to the Senator having votes. HATCH—not a word of confidence has from Missouri. Madam President, I yield the floor. been spoken by the other side? We Mrs. MCCASKILL. Madam President, The PRESIDING OFFICER. The Sen- heard 19 minutes of speeches a minute I thank the Senator from Rhode Island ator from New York is recognized. ago. We don’t hear the words: We sup- for yielding a couple of minutes. Mr. SCHUMER. Madam President, port the Attorney General; we have There have been a couple of times in first, in regard to my good friend from confidence in the Attorney General; my career when I have walked into a Texas, I think there is a little bit too the Attorney General should be able to room and have been humbled. Obvi- much protestation here. We have spent stay. It is because his record is indefen- ously, the day I walked in this place, I less than 2 hours on this issue—just 2 sible. was humbled beyond words. But when I hours—and now we are being told we So, yes, this no-confidence resolution first walked into a criminal courtroom don’t have enough time to debate is unusual, but it rises to the highest as an assistant prosecutor as a very whether one of the most important calling of the Senate, to seek rule of young lawyer, I was also humbled by Cabinet officers is up to the job. That law over politics, to seek rationality the responsibility that had been placed doesn’t hold water. They are not upset and fairness over stubbornness and po- upon me by our system of justice. I re- we are taking 2 hours away from de- litical games. This is what we are sup- member talking to one of the older bate. They have spent much more time posed to do. We have a function of prosecutors in the office about what I on many more things that are of less oversight. There is no question Attor- should worry about. He said: Just re- consequence to this country. ney General Gonzales has failed on member, remember that woman with But let me say this: The minority credibility, on competence, on uphold- the scales of justice, Claire. Remember leader and the minority whip have ing the rule of law. she has a blindfold on. made my case better than I ever could. The Nation has been shocked by what That blindfold is what this is about They failed to utter the words: We have he has done. He urged an ill John today. Frankly, it doesn’t matter faith in Attorney General Gonzales. Ashcroft, on John Ashcroft’s sickbed, whether you are a Democrat or a Re- They failed to state: We have con- to sign a statement that the Justice publican, whether you were for George fidence in Attorney General Gonzales. Department itself thought was not jus- Bush or not for George Bush. What In fact, in the entire speech of both the tified by the law in terms of wiretaps, matters today is how those prosecutors

VerDate Mar 15 2010 21:51 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JN7.REC S11JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7436 CONGRESSIONAL RECORD — SENATE June 11, 2007 out there in this country feel right Time-honored traditions and practices There has been an almost unbeliev- now, and what this incident did to the of the Department, vital to the impar- able series of half-truths and obfusca- way they feel about their jobs. Because tial administration of justice, have tions coming out of the Attorney Gen- there are thousands of professional been gravely damaged or destroyed on eral and his circle. They told us that prosecutors—some of them have been his watch. the firings of U.S. attorneys were per- appointed, some of them have been One, U.S. attorneys used to come formance related. Not true. They told hired, some have been elected—what from their home districts, where they us the Attorney General was not in- they all have in common is they under- were accountable to local people, volved and didn’t discuss the plan to stand their job is not about politics, it where they knew the judges and the fire U.S. attorneys. Not true. They told is about the rule of law. law enforcement officers. Not under us the White House was not involved. When this whole incident unfurled in this Attorney General. Now they fly Not true. They told us these EARS per- front of the American public, to all of them in from Washington where they formance evaluations were not rel- those prosecutors it felt as though they will do President Bush’s bidding. evant. Not true. They told us the At- were being cheapened, that somehow Two, U.S. attorneys were always put torney General didn’t discuss the sub- Gonzales and the rest of them were up for advice and consent. Not under stance of the testimony with other wit- saying they were being judged on their this Attorney General. He presided nesses during the investigation. Not politics and not on their profes- over the statutory circumvention of true. They told us the Chief of Staff of sionalism. our Senate confirmation process. the Deputy Attorney General never Three, the list of people at the White So I come here just for a moment to made threatening calls to U.S. attor- House and the DOJ who used to be able try to give a voice to those thousands neys who were going to publicly dis- to talk about cases with each other re- of prosecutors out there. I know them. cuss the matter. Again, not true. I have worked with them shoulder to cently included only four people at the How many times can the Department shoulder for years. They care deeply White House and only three at the of Justice say things that are not true? about their work, they care deeply DOJ. Not under this Attorney General, Fifth, the hypocrisy is almost unbe- about the rule of law, and they care where 417 White House officials, includ- lievable. The Attorney General’s own deeply about fundamental justice. ing Karl Rove, can now have these for- incompetence and misjudgments fail On their behalf, I rise today for a mo- merly illicit conversations with the the very test he claimed he set for the ment to say this Chamber should vote Department of Justice. fired U.S. attorneys. As one of my col- Four, career attorneys were kept free unanimously a vote of no confidence leagues said to Attorney General of partisan interference. Not under this against the Attorney General of the Gonzales at his hearing, ‘‘Why should Attorney General. There are politics in United States. you not be judged by the same stand- the Honors Program, politics in career I yield the floor. ards at which you judged these dis- The PRESIDING OFFICER. The Sen- official appointments, politics in per- sonnel evaluations, and politics in the missed U.S. Attorneys?’’ ator from Rhode Island is recognized. Madam President, our Attorney Gen- Mr. WHITEHOUSE. Madam Presi- appointment of immigration judges. Five, U.S. attorneys were almost al- eral would fail that standard. How can dent, I thank the Senator from Mis- ways left in place to do their jobs once he oversee our Federal Bureau of Inves- souri for her remarks. Like her, I have they were appointed, knowing that tigation when the FBI Director had to been appointed and elected as a U.S. they had a higher calling than their po- warn FBI agents guarding the Attorney attorney and as an attorney general. I litical appointment. Not under this At- General not to obey his instructions, ask all of my colleagues who are listen- torney General. Simply put, a man who when he was White House Counsel scur- ing to take her at her word. Prosecu- doesn’t care about those institutions of rying over to the ailing Attorney Gen- tors across the country are horrified the Department of Justice is the wrong eral’s hospital room to try to get his about what has happened. I applaud person to lead it back out of the mess signature on a document? Senator SCHUMER for what he has done he has put it in. You can say this is just a partisan ex- to push this forward. He has politicized this Department to ercise, but it may take a decade to re- The Senate has an important over- a degree not seen since the Nixon ad- pair the damage Attorney General sight role. We have advice and consent ministration—U.S. attorneys fired for Gonzales has caused. Every day that responsibilities, and we have a Judici- political reasons, with White House fin- passes without his resignation is one ary Committee on which Senator SCHU- gerprints all over the place, and Karl more day before the repair has begun. MER and I serve. I tell you, the U.S. De- Rove and others passing on informa- From the perspective of the Bush ad- partment of Justice is a precious insti- tion to the Department of Justice ministration, I can see how a wounded, tution in our democracy. It is under about voter fraud to pump up interest grateful Attorney General on a very siege from within, and we need to take in cases. DOJ policy is ignored, with no short leash may be just as they want as some action. justification; written policy was ig- they try to exit Washington without This resolution is not about partisan- nored to bring indictments on the eve further indictments. But that is not ship. It is not about scoring political of a critical election in the State of the Attorney General America needs to points. It is about two very important Missouri; the White House Counsel maintain the best traditions of the De- things—one, letting the people of chastising a U.S. attorney over mis- partment of Justice through adminis- America know we care about an hon- handling a case. How does the White tration and administration and admin- est, independent, and truthful Depart- House Counsel know whether a DOJ at- istration, through Republicans and ment of Justice. That is not meaning- torney mishandled the case? Who is Democrats alike, and to ensure the fair less. It is also about letting the career telling him what is going on in the administration of justice in our coun- people within the Department of Jus- DOJ? The DOJ even invented the posi- try. tice know that we hear them, we care tion of White House Liaison—first time As a former U.S. attorney who has about them, we know what has been ever—who, by her own admission, profound respect for the Department of done to this Department is shameful; screened applicants based on inappro- Justice and its thousands of career em- that this ordeal for them will one day priate and probably illegal political ployees, I believe America deserves an be over, and we will work hard as peo- factors. Attorney General who will lead by ex- ple who care about this country and Third, the Attorney General has set ample, who will set the very highest about the Department of Justice to the bar for his office far too low. His standard for himself and his staff, who make that day come soon, so that once stated definition of what is improper will do his best to keep politics out of again truth and justice can be the stars for him and his staff, believe it or not, the justice system and will restore the that guide the Department of Justice. tracks the legal standard for criminal country’s faith and confidence in one of That, too, is not meaningless. obstruction of justice. Is that the kind its most important institutions. Madam President, the bill of particu- of Attorney General we want? Is that Please set aside politics and let us lars against Attorney General Gonzales the kind of accountability to himself stand up for the Department of Justice. is long. First is the fact that he does we want? The Attorney General should Let us restore a vital institution in not respect the institution he leads. do a lot better than that. American life. Please let us vote for

VerDate Mar 15 2010 21:51 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JN7.REC S11JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 11, 2007 CONGRESSIONAL RECORD — SENATE S7437 cloture and proceed to do what our egated to his staff a major project like Finally, almost every U.S. attorney duty calls for us to do. deciding which of 93 presidential ap- will have one, sometimes more, sen- I yield the floor. pointees to top law enforcement posi- sitive cases that are ongoing at any Mr. FEINGOLD. Mr. President, I will tions to fire. He could not recall doing given time. Anyone familiar with the vote in favor of cloture on the motion any of them. We know that the Attor- process will know that removing a U.S. to proceed. After months of troubling ney General was involved in this proc- attorney who is in the process of han- and even shocking disclosures about ess and made the final decisions on the dling some high profile criminal case the U.S. Attorney firings and the firing plan, but he can’t seem to re- will often result in quite a bit of polit- politicization of the Department of member much beyond that, even ical pushback, even if the U.S. attor- Justice, it is important for the Senate though it was only a few months ago ney has very little hands-on involve- to go on record on the question of that this all took place. He has failed ment with the case. whether the Attorney General should in a very significant way. He should re- One of the problems that the Attor- continue in his post. This vote may end sign. ney General had was that he did not up being our only vote on this matter, With the snowballing problems at the fully understand these dangers in re- but since the resolution itself is non- Justice Department, it could hardly be moving U.S. attorneys because he had binding, this vote, though procedural more plain that the Attorney General never been involved in it as a member in nature, is sufficient to inform the has lost the confidence of Congress and of the Department of Justice. He sim- Nation exactly what the Senate’s posi- the public. As Mr. Comey said in re- ply did not comprehend the seriousness tion is. Those who vote against cloture sponse to my written question: ‘‘This of the issue with which he was dealing. plainly are comfortable with the Attor- entire affair has harmed the Depart- If he had, he would have spent a great ney General remaining right where he ment and its reputation.’’ The Depart- deal more time on it than he did. He is. Those of us who vote for cloture are ment of Justice should always be above would not have delegated it to his as- not. reproach. The AG should step down for sistants—many of them young and also In January 2005, I voted against the good of the country. Since he will not experienced—in the reality of this Alberto Gonzales to be the Attorney not, the Senate should express its judg- process either. General because I was not convinced he ment, on behalf of the American peo- As a result, there occurred an un- would put the rule of law, and the in- ple. seemly series of events that reflected Mr. SESSIONS. Mr. President, as a terests of the country, above those of poorly on Attorney General Gonzales former U.S. Attorney for 12 years and the President and the administration. and other members of the Department as an assistant U.S. attorney for over 2 Unfortunately, those concerns have of Justice, and which has damaged the years, I am well aware that U.S. attor- been realized over and over. It is not reputation of the Department of Jus- neys serve at the pleasure of the Presi- tice. This was not a small matter but a just the U.S. Attorneys scandal. In re- dent and that they are appointed very important matter. I think now he cent months, the Department’s Inspec- through a political process that in- realizes the importance of this process tor General issued a very troubling re- volves home State senators conferring and is sincerely apologetic for allowing port on National Security Letters. The with the President of the United States it to develop the way it did. He is also Attorney General, of course, had as- before the nomination is made, and apologetic for the way that he re- sured us that the Department could be which involves confirmation by the sponded to the inquiries made about trusted to respect civil liberties in its U.S. Senate. the proposed U.S. attorney changes. exercise of the unprecedented powers it As I have observed previously, the Let me insert, parenthetically, that was given in the . matter involving Attorney General much of the criticism leveled against Perhaps the Attorney General’s big- Gonzales concerning the appointment the Attorney General, the President gest failure concerns the warrantless and removal of certain U.S. attorneys and his aides has been exaggerated and wiretapping program. When he came arose because at some point there was sometimes quite inaccurate. But, if it before the Judiciary Committee for his interest in a substantial change in the comes from a member of Congress or a confirmation hearing, he gave very persons holding the offices of U.S. at- Senator, that means you never have to misleading testimony to a question I torneys throughout the country. Ap- say you are sorry. However, if the At- asked concerning whether the position parently, some wanted a large number torney General, in responding to at- the administration had taken with re- of changes and others did not. To them, tacks, makes explanations that are in spect to torture might also allow it to it may have seemed like an easy thing any way less than fully accurate one authorize warrantless wiretaps. He to do. The President would simply just can expect that he will be attacked vo- called my question ‘‘hypothetical.’’ remove them and appoint others. ciferously as attempting to mislead or Just less than a year later, we found Attorney General Alberto Gonzales worse. Unfortunately, there is a double out that the administration had in fact had no previous experience in the De- standard and it often results in unfair- taken precisely that position for years. partment of Justice at any time in his ness and this is one of those cases. His appearance before the Judiciary career and seemed to have very little Many of the complaints against Attor- Committee last year to discuss the interest in who were serving as U.S. at- ney General Gonzales have been very legal justification of the wiretapping torneys. This was an error on his part. unfair and unfortunate. program was one of the weakest and Attorney General Gonzales simply did After this spasm developed, I was least convincing I have ever seen. And not understand that the removal of a worried about the Attorney General’s the recent testimony of former Deputy U.S. attorney is always a delicate and capacity to lead the Department of Attorney General James Comey con- difficult process. First, U.S. attorneys Justice effectively and expressed con- cerning Mr. Gonzales’s bedside visit to have Senatorial support. Their ap- cern as to whether or not he would be former Attorney General John pointment was initially cleared by the able to assemble an able staff to com- Ashcroft raises serious questions about U.S. Senator for that State and often plete his term and whether or not it his veracity at that hearing. It also the Congressman from that district. would be, in sum, better for the De- raises questions about his ethics, and, Secondly, they have local support partment of Justice that he step aside. once again, his respect for the rule of among their friends and constituents I publicly suggested that he and the law. and they often have built up strong President meet together and discuss But it is not just his commitment to support among local, State, and Fed- this issue with frankness. I quoted the the rule of law and his willingness to eral law enforcement agencies. Those Attorney General himself as saying tell the truth to Congress that troubles bonds are often strong and the removal that the matter was not about the At- me about this Attorney General’s ten- of a U.S. attorney often causes concern torney General, but was really about ure. At his most recent appearance be- among those law enforcement agencies what was best for the Department of fore the Senate Judiciary Committee and groups. They have also often Justice. to discuss the U.S. Attorney firings, I gained support in the local community It now appears that the Attorney questioned him about whether he did with childrens’ advocacy groups, crime General and the President have con- some of the most basic things that you prevention groups, and victims’ rights cluded that the Attorney General com- would expect a manager to do if he del- groups. mitted no offense, committed no crime

VerDate Mar 15 2010 21:51 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JN7.REC S11JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7438 CONGRESSIONAL RECORD — SENATE June 11, 2007 for which he should be impeached, and roughshod over the rule of law and of an effort to put partisans in charge has not made any error sufficient that damaged the United States in the eyes of U.S. attorney offices in key States. he should no longer remain as Attor- of the world. He refused to give detain- New Mexico, Washington, Arkansas ney General. The Attorney General’s ees the protections of the Geneva Con- and Nevada are all closely contested lack of experience in certain aspects of ventions, calling them ‘‘quaint.’’ He fa- States. Add those States to which the the Department of Justice were well cilitated the establishment of Guanta- Attorney General sent interim ap- known before he was confirmed by the namo and denied other basic legal pro- pointees from Washington in the past 2 Senate. In my personal view, there is tections to detainees. He approved an years—Florida, Missouri, Iowa and no Cabinet member that requires more interpretation of the law that was in- Minnesota—and the pattern is clear. personal experience and detailed consistent with international agree- Attorney General Gonzales, more than knowledge of the agency they will lead ments. He authorized the use of tor- any other Attorney General in mem- than the Attorney General. It is a very, ture, a step that led to the horrors of ory, has tried to turn the Department very tough job and the Attorney Gen- Abu Ghraib. At every turn, he pro- of Justice into an arm of a political eral must be able to personally handle moted an extreme view of the Presi- party. a large portfolio of issues and at the dent’s authority. Yet, when he came In addition, under his leadership, the same time have a comprehensive grasp before the committee seeking con- Department’s hiring procedures have of complex legal issues and legal prece- firmation, he assured us: ‘‘With the been corrupted by partisan officials dents involving the Department of Jus- consent of the Senate, I will no longer who rejected longstanding merit-based tice. For example, Attorney General represent only the White House; I will hiring procedures and placed political Janet Reno was constantly struggling represent the United States of America party loyalty ahead of legal merit in in the office. Before becoming the At- and its people. I understand the dif- hiring career attorneys. His Depart- ment of Justice has tried to obliterate torney General, she had simply been a ferences between the two roles.’’ the distinction between political ap- county district attorney and had never That assurance has proven hollow. On issue after issue, Mr. Gonzales has pointees and career civil servants. been involved in the kinds of issues she In his testimony before the Judiciary singlemindedly served the President’s faced as Attorney General. In the fu- Committee, Mr. Gonzales has repeat- agenda, without any respect for the ture, I expect to be far more assertive edly made false statements. He told us broader responsibilities of the Attor- in the confirmation process as I will in- the warrantless eavesdropping program ney General. He has continued to pro- sist that any Attorney General nomi- could not be conducted within the lim- nee have significant relevant experi- mote an extreme view of the Presi- its of The Foreign Intelligence Surveil- ence. dent’s power as Commander in Chief to lance Act. Then, on the eve of an ap- In conclusion, I conclude that there authorize warrantless eavesdropping in pearance before the committee, he told is not cause for any censure of Attor- violation of the law, secret detentions, us that the program now fits within ney General Gonzales and I conclude abuse of detainees, and violations of FISA. He told us that there had not that there is no basis whatsoever for the Geneva Conventions. He believes been significant disagreement over him to be impeached. that the President can issue signing that program, but we now know that as It has been 120 years since a no-con- statements that nullify duly enacted many as 30 members of the Justice De- fidence vote has been had on any Cabi- statutes whenever they might limit the partment were prepared to resign if an net member. That is something they do President’s discretion. As Attorney earlier version of the program pro- in Europe. It is not something we do in General, he has used the enormous ceeded unchanged. He stated that he the United States. This no-confidence power of his office to promote the had not seen memoranda or been in- resolution is not necessary, it is harm- agenda of the White House. volved in discussions about the U.S. at- ful to our system, and should not be a The current U.S. attorney scandal torney firings, but it was later revealed precedent in the future. Frankly, it is has revealed the devastating legacy of that he did both. He told us that only driven by politics and not by what is Mr. Gonzales’s tenure as Attorney Gen- eight U.S. attorneys had been targeted best for the Department of Justice be- eral. We now have a Department of for firing, but it turns out the list was cause this process will greatly magnify Justice that is wide open to partisan longer. He has said scores of times that any errors that he has made and create influence and has abandoned many of he does not recall key meetings and a false impression. Attorney General the basic principles that kept the De- events. With each misstatement and Gonzales is a good man who sincerely partment independent and assured the memory lapse, the Attorney General’s wants to meet the highest standards of American people that its decisions credibility has faded until there is the Department of Justice. were based on the rule of law. nothing left. The process in our government is As a result, the Department of Jus- In the years I have served in this that the President nominates for the tice is now embroiled in a scandal in- body, I have had the privilege to work position of Attorney General, and the volving the firing of U.S. attorneys, with many Attorneys General. The de- Senate votes to confirm them or not. under a process controlled by inexperi- fining quality of the outstanding occu- After that confirmation, unless he is enced, partisan staffers in consultation pants of that office—both Democrats subject to impeachment, it is not good with the White House. U.S. attorneys and Republicans—has been an under- policy for the Senate to rush in and ex- were targeted for firing because they standing that the law and the evidence press formal opinions about the Cabi- failed to serve the White House agenda. trump loyalty to a political party or a net officer and his or her performance. Karl Rove and the President passed president. Respect for the rule of law Therefore, I have, after considerable along to the Attorney General com- lies at the heart of our democracy. If thought, concluded this resolution is plaints that U.S. attorneys failed to our machinery of justice becomes just bad policy and precedent, and is un- pursue voter fraud. Over the past 5 another means to preserve and promote fairly damaging to the Department of years, the Department of Justice has the power of the party in office, we Justice. It is a political overreach and actually pushed hard to prosecute have corrupted our democracy. If the should not be passed. Therefore, I op- voter fraud, but among the hundreds of American people believe that partisan- pose the resolution. millions of votes cast in that period, it ship is driving law enforcement, our Mr. KENNEDY. Mr. President, when has managed to convict only 86 people system of justice cannot survive. Alberto Gonzales came before the Sen- nationwide. The pursuit of virtually We need a strong and credible Attor- ate as the President’s nominee for At- nonexistent voter fraud at the ballot ney General who believes deeply in our torney General, many of us were con- box is part of a Republican effort to system of justice as we undertake the cerned that he would not be able to dis- suppress the legitimate votes of minor- difficult and essential job of restoring tinguish between his past role as White ity, elderly, and disabled voters. Other the credibility of the Department of House Counsel and his new role as At- measures taken in this cynical scheme Justice. I urge my colleagues to sup- torney General. During his service as include photo ID laws and purges of port this resolution of no-confidence as counsel to the President, he had as- voter rolls. a first step in rebuilding the faith of sisted the President in promulgating a The conclusion is inescapable that the American people in the Depart- series of disastrous policies that ran the firings of U.S. attorneys were part ment of Justice.

VerDate Mar 15 2010 21:51 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JN7.REC S11JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 11, 2007 CONGRESSIONAL RECORD — SENATE S7439 Mr. BYRD. Mr. President, 28 months rounding the U.S. attorneys, because torneys the legitimacy of such interro- ago, on February 3, 2005, I voted he was, in his words, ‘‘not involved in gation techniques. He was asked if, in against the confirmation of Alberto seeing any memos, was not involved in the meetings he attended, there was Gonzales to be the Attorney General of any discussions about what was going discussion of strapping detainees to the United States. Hallelujah, Amen! on,’’ and, he said, ‘‘that’s basically boards and holding them under water Eight days before that, I was one of 13 what I knew as the Attorney General.’’ as if to drown them. He testified that Senators who voted against the nomi- Mr. President, that is not an impres- there were such meetings, and while he nation of Condoleezza Rice to be the sive response. Even the Attorney Gen- did remember having had some ‘‘dis- U.S. Secretary of State. And, if the eral now says his comment was ‘‘too cussions’’ with Justice Department at- Senate had been permitted to vote on broad’’ and that he ‘‘misspoke.’’ He torneys, he simply could not recall the nomination of Paul Wolfowitz to now admits that he did have some in- what he told them in those meetings. head the World Bank, I would have volvement. But he said this only after He stated that, as White House coun- voted against that nomination, too. the Justice Department released e- sel, he might have attended those I am proud of my votes against con- mails and memoranda which showed meetings, but it was not his role but firmation of these failed architects of that he had, in fact, been involved in that of the Justice Department to de- the unconstitutional war in Iraq. Their discussions about the firings. termine which interrogation tech- flawed policies have cost our Nation He also claimed that he is not really niques were lawful. dearly. I shudder to contemplate the responsible, because, in his words, ‘‘in In other words, he was saying then, billions and even trillions of dollars an organization of 110,000 people,’’ he just as he is saying today: Don’t hold and the decades of effort that it will said, ‘‘I am not aware of every bit of in- me accountable! Don’t blame me if take to correct their extraordinary er- formation that passes through the mistakes were made! And, then, just rors in judgment. These are the same halls of justice, nor am I aware of all like today, he didn’t point the finger of administration officials, led by Alberto decisions.’’ Now that seems an odd as- blame at just one other victim. He Gonzales here at home, who have done sertion, considering that he is, in spread the blame around. While he ad- everything they can to abolish our Na- fact—if you will allow me to use the mitted he’d made some mistakes as tion’s carefully calibrated separation President’s terminology—the top ‘‘de- White House counsel, he attempted to of powers and to undermine Americans’ cider’’ at the U.S. Department of Jus- further deflect responsibility for his civil liberties. Based on ongoing errors tice. actions by saying that a number of in judgment and mistakes made on his When the Attorney General testified what he called other ‘‘operational watch, I remain convinced that my before the Senate Judiciary Committee agencies’’ also took responsibility for vote against Alberto Gonzales was in on April 19, 2007, he continued to argue making flawed decisions on prisoner the best interests of this country. that he was simply out of touch—an as- interrogation techniques. It is, therefore, not surprising that I sertion that has been disputed by the At his confirmation hearing, he said: am pleased to be an original cosponsor two employees he had charged with I have a recollection that we had some dis- of S.J. Res. 14. This resolution ex- filling the U.S. attorney positions with cussions in my office, but let me be very presses the sense of the Senate that At- party loyalists, D. Kyle Sampson and clear with the Committee. It is not my job to torney General Gonzales no longer Monica Goodling. decide which types of methods of obtaining holds the confidence of the Senate and On May 15, 2007, speaking before the information from terrorists would be the of the American people. Frankly, he National Press Club, Mr. Gonzales most effective. That job responsibility falls never held my confidence. Not from made yet another effort to shift the to folks within the agencies. It is also not day one, and I will tell you why that is blame for any wrongdoing. But this my job to make the ultimate decision about time he chose a new victim. He said, whether or not those methods would, in fact, so. meet the requirements of the anti-torture When President Bush nominated ‘‘You have to remember, at the end of statute. That would be the job for the agen- Alberto Gonzales to be the U.S. Attor- the day, the recommendations [to fire cies . . . I viewed it as their responsibility to ney General, the President stated that the U.S. Attorneys] reflected the views make a decision as to whether or not a pro- Mr. Gonzales, as White House counsel, of the deputy attorney general,’’ mean- cedure or method would, in fact, be lawful. had a ‘‘sharp intellect,’’ and that it was ing Paul McNulty. But the Associated Whether on the issue of torture or of White House counsel’s ‘‘sound judg- Press reported immediately thereafter firing U.S. attorneys, when it comes to ment’’ that had, in the President’s that documents released from the Jus- Alberto Gonzales taking responsibility words, ‘‘helped shape our policies in tice Department showed that McNulty for his actions—as Yogi Berra would the war on terror.’’ was not closely involved in picking all say—it’s deja vu all over again. One Sharp intellect and sound judgment? of the U.S. attorneys who were put on wishes that Judge Gonzales could tell I have heard of damning with faint the list. Instead, it was a job mostly us, just once, what his job is, rather praise, but applying those words to driven by the Attorney General’s own, than always telling us only what it is someone who has had a major role in two hand-picked subordinates, Samp- not. the reckless and incompetent way in son and Goodling. Article II, section 3 of the United which this administration has waged I would invite those who believe that States Constitution, as head of the Ex- its so-called war on terror is hardly a Alberto Gonzales did not know what ecutive Branch, the President has a compliment. was happening in his own Department legal duty to take care that the laws be But don’t expect Alberto Gonzales to to join me on a quick trip down mem- faithfully executed. The Constitution take responsibility for what happened ory lane. Let me recount a section of does not say that the President or his on his watch. Throughout his time in the speech that I delivered on the Sen- officers ‘‘should’’ or ‘‘may’’ undertake this administration, whenever Mr. ate floor just prior to voting against that responsibility: it clearly states Gonzales has been questioned about his confirmation to be Attorney Gen- that the President ‘‘shall take Care what he knows about improper con- eral. I reminded my colleagues at that that the Laws be faithfully executed.’’ duct, his standard and repetitive re- time that Judge Gonzales had admitted The President and his Chief Law En- sponse, in the words of the fictional being physically present at meetings in forcement Officer at the Justice De- Sergeant Schultz is simply: ‘‘I know his office to determine which acts partment must be held accountable not nothing.’’ When questioned about who against enemy combatants should be only when they fail to faithfully exe- made the decision to fire U.S. attor- outlawed as torture. cute the law, but also when they or neys for what appear to be purely polit- But at his confirmation hearing, he their subordinates attempt to under- ical reasons, he implausibly states that disavowed having any role in the ad- mine, ignore, or gut the law. while he signed off on the decision, he ministration’s initial decision to define The Attorney General has a credi- was not really responsible because he torture extremely narrowly. On Janu- bility problem, and the American peo- was out of the loop. ary 6, 2005, he was asked by a member ple know it. Despite his assertions to At a press conference on March 13, of the Judiciary Committee whether he the contrary, he continues to con- Attorney General Gonzales stated that had ever chaired a meeting in which he tribute in large measure to the flawed he knew nothing of the scandal sur- discussed with Justice Department at- policies and decision making that have

VerDate Mar 15 2010 21:51 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JN7.REC S11JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7440 CONGRESSIONAL RECORD — SENATE June 11, 2007 flowed from this administration over mittee, for standing up for what is ator WHITEHOUSE. He laid it out. He has the past seven years. For all of these right. That is what he is doing. a feeling of what the Justice Depart- reasons, I urge my colleagues to sup- The Senate has a responsibility to ment is all about. He spoke from his port S.J. Res. 14. express its displeasure with a Cabinet heart. The Department of Justice’s The PRESIDING OFFICER. The ma- officer who has grossly mismanaged his credibility is shredded. Its morale is at jority leader is recognized. responsibilities and failed the Amer- an all-time low, and the blame for that Mr. REID. Madam President, I rise in ican people in the process. This is the tragic deterioration lies squarely on support of S.J. Res. 14, a resolution ex- one and only mechanism we have, the shoulders of two people: the Presi- pressing the sense of the Senate that short of impeachment, to address mal- dent of the United States and the At- Attorney General Gonzales has lost the feasance of a high-ranking Federal offi- torney General of the United States, confidence of Congress and the Amer- cial. Alberto Gonzales. ican people. This is a sense-of-the-Sen- Along with the Department of De- We are here today to discuss Alberto ate resolution. fense and State, the Department of Gonzales. Over the past 6 months, con- Now, Madam President, let me ini- Justice is the most important Cabinet gressional oversight has revealed the tially say that I was doing other things agency we have. The Attorney General many ways the crass political calcula- and was unable to listen to the re- is responsible for enforcing Federal tions in that White House have per- marks of some of my Republican col- law, protecting civil rights, and, most vaded the personnel and prosecutorial leagues. I apologize for that. I have had importantly, ensuring fidelity to the decisions of the Bush-Gonzales Justice a briefing as to what they said. They Constitution of the United States. Department. Remember, for 4 years, have chosen to impugn the motives of Madam President, in my young days this was a big rubberstamp, this thing the sponsor of this resolution, the sen- as a lawyer and public official in Ne- called Congress. ior Senator from New York, Mr. SCHU- vada, during the 1960s, I saw the crit- The careers of many fine men and MER. I work very closely with this man. ical role the Justice Department can women, lawyers, have been destroyed. I have worked in government most all play in what is going on in a State. In One of those is a man from Nevada by of my adult life. Rarely have I seen those days—the early sixties—a person the name of , a career anybody—in fact, I have never seen of color, a Black man or woman, could prosecutor. He worked his way up as a anyone with the intellectual capacity not work in a Strip hotel and could not line prosecutor in Washoe County, of from New York and work in downtown hotels. They weren’t Reno, NV, and became an assistant his ability to understand what is going there unless they were a porter, a jan- U.S. attorney. He—I have spoken with on in the State of New York and in our itor—someplace where they could not him—wanted to spend his life being a country. Any suggestions that were be seen. Thousands of people, Black prosecutor, going after people who vio- made to impugn his integrity are un- and White, protested that discrimina- late the law. That is over with. Once warranted, out of line, and unfair. tion, but it didn’t matter until the Jus- you are removed from being a U.S. at- Senator SCHUMER is a member of the tice Department stepped in. They torney, you can no longer work as a Judiciary Committee. He is a lawyer. stepped in and forced it. There was a deputy U.S. attorney. As a member of that Judiciary Com- consent decree entered into between He, I repeat, was a career prosecutor. mittee and as a lawyer who cares deep- the State of Nevada—I was there. I was When my Republican friend and col- ly about the rule of law and the reputa- Lieutenant Governor, and I helped ne- league, JOHN ENSIGN, recommended tion of the Justice Department, he had gotiate that along with Governor him to be U.S. attorney for Nevada, he an obligation to do what he did. There O’Callaghan and the attorney assigned reached what he thought was the pin- are others who joined with him. Sen- to do that. We worked on that for nacle of his career. Oh, was he mis- ator FEINSTEIN was out front on this weeks and weeks. But for the Justice taken. He has been humiliated, embar- issue with Senator SCHUMER, as were Department, that integration of those rassed, denigrated by this Justice De- others. The chairman of the com- large hotels in Nevada would have partment for no reason. He worked mittee, Senator LEAHY, has been with taken place much later. That is what hard. No one questioned his work ethic. them every step of the way. the Justice Department is all about. My son was a deputy U.S. attorney In my opinion, his work in this inves- Major civil rights battles in Las Vegas with Daniel Bogden. They worked to- tigation has been commendable. over integrating the strip would never gether. A fine lawyer is Daniel Bogden. Mr. LEAHY. Will the majority leader have been determined in favor of the He worked hard as our U.S. attorney to yield for a comment? people of color but for the Justice De- protect Nevadans from crimes, drugs Mr. REID. Yes, I am happy to. partment. and white-collar crimes and earned a Mr. LEAHY. Madam President, I tell You see, the Justice Department is wide respect from law enforcement the leader and the senior Senator from color blind, and that is the way it is agencies throughout the State. New York, I know he has worked hard supposed to be. It wasn’t a Democratic I repeat, he was fired. To this day, no on this. Nobody has had more road- Department of Justice or Republican satisfactory explanation has been pro- blocks thrown in front of him than the Department of Justice. It was an vided to Dan Bogden and the people of Senator from New York. He has asked American, a U.S. Department of Jus- Nevada. legitimate questions. Many times, his tice. Its lawyers were fighting for the In light of this evidence, we learned legitimate questions were not answered most American ideal—the right of all that other U.S. attorneys had been by the Department of Justice. They re- Americans to participate in our democ- fired at the same time because they fused to answer. We had to actually racy. failed to pursue partisan political subpoena them to get answers that What a proud history this is. What a cases. So without any question, there should have been sent to him by return source of pride it is for our country is every reason to believe Dan Bogden courier. He has acted in the best sense what the Justice Department in dec- suffered the same fate. He was fired for of oversight. He has done what one ades past has done. But today under administering justice in Nevada in an should do in oversight. He should not this President, President Bush, and evenhanded, nonpolitical way, as he be criticized for that. under this Attorney General, Alberto thought as a prosecutor he was sup- Maybe those who do the criticizing Gonzales, the Department of Justice posed to do. should ask why they allowed a has lost its way. I can remember as a young lawyer, I rubberstamp Senate under their watch Now the Justice Department is just had a part-time job as a city attorney to continue for 6 years, with conduct another arm of the Karl Rove political in Henderson, NV. It is now the second that certainly borders on the criminal machine, where partisanship earns pa- largest city in the State. It wasn’t and certainly reflects the unethical go- tronage and independence earns con- then. I prosecuted criminal cases. I ings-on at the Department of Justice, tempt. came back to my law firm and I was and they didn’t say one word about it. Today’s Justice Department is dys- bragging. That is the wrong word. I was Mr. REID. Madam President, I appre- functional. I so appreciate the state- saying: Man, that case, I can’t imagine ciate very much the Senator from ment made by the former attorney gen- why that judge did that. That wasn’t a Vermont, the chairman of our com- eral of the State of Rhode Island, Sen- very good case at all. One of the people

VerDate Mar 15 2010 21:51 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JN7.REC S11JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 11, 2007 CONGRESSIONAL RECORD — SENATE S7441 I worked with said: HARRY, that is not law schools in America, the name of proceed to S.J. Res. 14, a joint resolu- your responsibility. which is ‘‘Drop by Drop: Forgetting the tion expressing the sense of the Senate I will use leader time now. History of Water Torture in U.S. that Attorney General Alberto The PRESIDING OFFICER. Without Courts.’’ This is an article written by Gonzales no longer holds the con- objection, it is so ordered. Judge Evan Wallach, one of the fore- fidence of the Senate and of the Amer- Mr. REID. Madam President, he said: most experts in the world on the law of ican people, shall be brought to a Your job is not to convict people. It is the war. I am only going to read the close? The yeas and nays are manda- to do the right thing for the people of last paragraph of this article. He goes tory under the rule. The clerk will call the State of Nevada, the city of Hen- into some detail in the article, talking the roll. derson, NV. about how this Attorney General’s of- The legislative clerk called the roll. That is a lesson somebody should fice, this White House counsel, this ad- have given Alberto Gonzales before he ministration has allowed torture to be Mr. STEVENS (when his name was took the job as Attorney General. Dan part of what Americans do with detain- called). Present. Bogden was fired for doing his job ex- ees and others. Mr. DURBIN. I announce that the actly the way it is supposed to be done. Here is what Judge Wallach said: Senator from Delaware (Mr. BIDEN), When he testified before the Senate If we remember what we said and did when the Senator from Connecticut (Mr. Judiciary Committee, Attorney Gen- our military personnel were victims, if we DODD), the Senator from South Dakota eral Gonzales couldn’t even say why remember our response when they were per- (Mr. JOHNSON), and the Senator from Bogden was included on the list to be petrators, how can our government possibly Illinois (Mr. OBAMA) are necessarily ab- opine that the use of water torture is within sent. fired. Think about that: A man’s career the bounds of law? To do so is beneath con- ruined, and the man who fired him or tempt; it is beyond redemption; and it is a I further announce that, if present had him fired didn’t even know why he repudiation of the rule of law that in our ori- and voting, the Senator from Delaware was fired. gins was the core principle of governance (Mr. BIDEN) would vote ‘‘yea.’’ His lack of memory was astounding. which distinguished our nation from the crowned dictatorships of the European con- Mr. LOTT. The following Senators He couldn’t recall basic facts, even are necessarily absent: the Senator meetings with the President. Writing tinent. from Kansas (Mr. BROWNBACK), the in the New York Times, Professor That is the legacy of this administra- tion and this Attorney General, that Senator from Oklahoma (Mr. COBURN), Frank Bowman, a former Federal pros- and the Senator from Arizona (Mr. ecutor, said, talking about Gonzales: law review articles are being written to MCCAIN). The truth is almost surely that Mr. talk about how awful this Attorney Gonzales’s forgetfulness is feigned—a cal- General is and what he has allowed to The PRESIDING OFFICER (Mr. culated ploy to block legitimate congres- happen. SANDERS). Are there any other Sen- sional inquiry into questionable decisions To do so is beneath contempt; it is beyond ators in the Chamber desiring to vote? made by the Department of Justice, White redemption; and it is a repudiation of the The yeas and nays resulted—yeas 53, House officials, and, quite possibly, the rule of law that in our origins was the core nays 38, as follows: President himself. principle of governance which distinguished If Albert Gonzales was not truthful our nation from the crowned dictatorships of [Rollcall Vote No. 207 Leg.] the European continent. with the Congress, he deserves to be YEAS—53 fired—not Bogden but Gonzales. Alberto Gonzales is profoundly un- worthy to hold one of the highest and Akaka Feinstein Nelson (NE) On the other hand, if the Attorney Baucus Hagel Pryor General was not involved in the deci- most important offices of our great Bayh Harkin Reed sion to fire Bogden and others, he is country. I urge my colleagues to sup- Bingaman Inouye Reid port this resolution reflecting the facts Boxer Kennedy Rockefeller guilty of gross negligence and deserves before us. I urge Attorney General Brown Kerry Salazar to be fired. He turned over the awe- Byrd Klobuchar Gonzales to resign his office, to give Sanders some power of his office to a handful of Cantwell Kohl Schumer Cardin Landrieu the Department of Justice a chance it Smith young, inexperienced ideologues and Carper Lautenberg needs to recover from his catastrophic Snowe allowed them to carry out a political Casey Leahy tenure. If he does not, I urge President Specter campaign from the once-hallowed halls Clinton Levin Bush to finally remove him. Coleman Lincoln Stabenow of the Justice Department. The PRESIDING OFFICER. All time Collins McCaskill Sununu But the Attorney General’s misdeeds Tester has expired. Conrad Menendez Dorgan Mikulski Webb extend well beyond politically driven Mr. REID. Have the yeas and nays personnel decisions. As White House Durbin Murray Whitehouse been ordered? Feingold Nelson (FL) Wyden counsel, he presided over the develop- The PRESIDING OFFICER. The yeas ment of antiterror tactics that have and nays are mandatory. NAYS—38 undermined the rule of law and made CLOTURE MOTION Alexander Dole Lott Americans less safe. We know now Under the previous order, pursuant to Allard Domenici Lugar from former Deputy Attorney General Bennett Ensign Martinez rule XXII, the Chair lays before the Bond Enzi Jim Comey the Attorney General tried McConnell Senate the pending cloture motion, Bunning Graham Murkowski to take advantage of John Ashcroft’s which the clerk will report. Burr Grassley Roberts serious illness—was sick in a hospital The legislative clerk read as follows: Chambliss Gregg Sessions Cochran Hatch Shelby bed—to obtain Justice Department ap- CLOTURE MOTION Corker Hutchison Thune proval for an illegal surveillance pro- Cornyn Inhofe We, the undersigned Senators, in accord- Vitter Craig Isakson gram. He took papers there for him to ance with the provisions of rule XXII of the Voinovich sign. Standing Rules of the Senate, hereby move Crapo Kyl DeMint Lieberman Warner Time and time again, Alberto to bring to a close debate on the motion to Gonzales has proven beyond a doubt his proceed to Calendar No. 179, S.J. Res. 14, re- ANSWERED ‘‘PRESENT’’—1 lating to Attorney General Alberto Gonzales. utter lack of judgment and independ- Stevens ence is foremost in his mind. Whether , Richard J. Durbin, Kent Con- rad, Bernard Sanders, Jeff Bingaman, NOT VOTING—7 it is tortured reasoning allowing tor- Dan Inouye, Jon Tester, S. Whitehouse, Biden Dodd Obama ture or his support of domestic surveil- Debbie Stabenow, Byron L. Dorgan, lance, firing unfairly U.S. attorneys, Brownback Johnson Amy Klobuchar, , Carl Coburn McCain hiring immigration judges based on Levin, Chuck Schumer, Barbara Boxer, their political affiliation—there is a Jack Reed, H.R. Clinton. The PRESIDING OFFICER. On this long list. But let’s talk about his being The PRESIDING OFFICER. By unan- vote, the yeas are 53, the nays 38, and one of the masters of torture in our imous consent, the mandatory quorum one Senator responded ‘‘present.’’ country. call has been waived. Three-fifths of the Senators duly cho- I have a law review article from Co- The question is, Is it the sense of the sen and sworn not having voted in the lumbia Law Journal, one of the finest Senate that debate on the motion to affirmative, the motion is rejected.

VerDate Mar 15 2010 21:51 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JN7.REC S11JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7442 CONGRESSIONAL RECORD — SENATE June 11, 2007 CREATING LONG-TERM ENERGY Durbin Lautenberg Salazar We also worked to safeguard our con- ALTERNATIVES FOR THE NA- Ensign Leahy Sanders stituents’ livelihoods—establishing the Enzi Levin Schumer TION ACT OF 2007—MOTION TO Feingold Lieberman Sessions wool trust fund, keeping open global PROCEED—Continued Feinstein Lincoln Shelby beef markets, and making sure that Graham Lott Smith our trading partners played by the CLOTURE MOTION Grassley Lugar Snowe rules. The PRESIDING OFFICER. Under Gregg Martinez Specter Hagel McCaskill We worked together to safeguard our Stabenow the previous order, pursuant to rule Harkin McConnell Stevens natural resources, improve rural en- XXII, the Chair lays before the Senate Hatch Menendez ergy infrastructure, and plan for a sus- the pending cloture motion. The clerk Hutchison Mikulski Sununu Tester tainable energy future with clean coal will report the motion to invoke clo- Inhofe Murkowski Inouye Murray Thune technologies. ture. Isakson Nelson (FL) Vitter These and many other accomplish- Voinovich The legislative clerk read as follows: Kennedy Nelson (NE) ments will be Senator Thomas’s leg- Kerry Pryor Warner CLOTURE MOTION Klobuchar Reed Webb acy. It is a legacy for which he deserves We, the undersigned Senators, in ac- Kohl Reid Whitehouse recognition, remembrance, and honor. cordance with the provisions of rule Kyl Roberts Wyden It is a legacy for which our Nation is XXII of the Standing Rules of the Sen- Landrieu Rockefeller grateful. ate, hereby move to bring to a close de- NOT VOTING—8 But many will remember Senator bate on the motion to proceed to Cal- Bayh Coburn McCain Thomas more for who he was than for endar No. 9, H.R. 6, Comprehensive En- Biden Dodd Obama what he did. They will remember some- ergy legislation. Brownback Johnson one with a quick wit, an easy smile, Jeff Bingaman, Dick Durbin, S. White- The PRESIDING OFFICER. On this and a generous helping hand. house, Blanche L. Lincoln, Jon Tester, vote, the yeas are 91, the nays are zero. I will remember Senator Thomas as I Robert P. Casey, Jr., Patty Murray, Three-fifths of the Senators duly cho- met him when he first joined the Sen- Daniel K. Akaka, Jack Reed, Mary sen and sworn having voted in the af- ate in 1989. Back then, I recognized in Landrieu, Max Baucus, Mark Pryor, firmative, the motion is agreed to. him something very familiar. Senator Ron Wyden, , Pat Leahy, Claire McCaskill, Amy Klobuchar, Ken Ms. KLOBUCHAR. Mr. President, I Thomas was a man of the American Salazar. suggest the absence of a quorum. West. He embodied the values and the The PRESIDING OFFICER. The The PRESIDING OFFICER. By unan- character of the people whom he rep- clerk will call the roll. imous consent, the mandatory quorum resented. The assistant legislative clerk pro- You always knew where Senator call has been waived. ceeded to call the roll. Thomas stood. Like many in the West, The question is, Is it the sense of the Mr. KENNEDY. Mr. President, I ask Senator Thomas was quiet, unassum- Senate that debate on the motion to unanimous consent that the order for ing, and unpretentious—but he was proceed to H.R. 6, an act to reduce our the quorum call be rescinded. never intimidated. Nation’s dependency on foreign oil by The PRESIDING OFFICER. Without He was gentle and decent. When he investing in clean, renewable, and al- objection, it is so ordered. gave you his word, he kept it. And as ternative energy resources, promoting f we all saw in these final months of his new emerging energy technologies, de- life, when he had to, he could fight like veloping greater efficiency, and cre- MORNING BUSINESS hell. ating a Strategic Energy Efficiency Mr. KENNEDY. Mr. President, I ask That is the man I will miss and it is and Renewables Reserve to invest in al- unanimous consent that there now be a the man I wish to recognize today—an ternative energy, and for other pur- period of morning business with Sen- honorable Senator and a great man of poses, shall be brought to a close? ators permitted to speak therein for up the American West. The yeas and nays are mandatory to 10 minutes each. Mr. DOMENICI. Mr. President, this under the rule. The PRESIDING OFFICER. Without last Saturday, I traveled with my wife The clerk will call the roll. objection, it is so ordered. Nancy and many of our colleagues in The assistant legislative clerk called the Senate to Casper, WY, for the fu- f the roll. neral service of my friend Senator Mr. DURBIN. I announce that the REMEMBERING SENATOR CRAIG Craig Thomas. Senator from Indiana (Mr. BAYH), the THOMAS During the service I was particularly Senator from Delaware (Mr. BIDEN), Mr. BAUCUS. Mr. President, I honor impressed by the words of Minority the Senator from Connecticut (Mr. a colleague, a friend, and a great Sen- Leader MCCONNELL and I would like to DODD), the Senator from South Dakota ator, Senator Craig Thomas. thank him for so eloquently eulogizing (Mr. JOHNSON), and the Senator from No words that I can speak will ease Senator Thomas. So appropriately did Illinois (Mr. OBAMA) are necessarily ab- the sadness of this loss. Nothing my his words honor Senator Thomas that I sent. colleagues and I say can fill the empti- hope all our colleges in the Senate will Mr. LOTT. The following Senators ness that his passing has left or lessen take the time to read them. are necessarily absent: the Senator the pain that so many feel. I ask unanimous consent that this from Kansas (Mr. BROWNBACK), the I feel compelled to speak of Senator transcript of Senator MCCONNELL’s Senator from Oklahoma (Mr. COBURN), Thomas not for the effect of my words. comments be printed in the RECORD. and the Senator from Arizona (Mr. Instead, I speak to recognize the effect There being no objection, the mate- MCCAIN). of his words, his actions, and his serv- rial was ordered to be printed in the The PRESIDING OFFICER. Are there ice. RECORD, as follows: any other Senators in the Chamber de- His were words, actions, and service SERVICE IN HONOR OF CRAIG THOMAS, JUNE 9, siring to vote? that have improved the lives and fu- 2007 The yeas and nays resulted—yeas 91, tures of Americans. His words and ac- Reverend [Moore], Susan, Lexie, Patrick, nays 0, as follows: Greg, Peter; distinguished guests, colleagues tions will leave a legacy long after our and friends of Craig Lyle Thomas. [Rollcall Vote No. 208 Leg.] sadness passes. There are people that we can’t ever imag- YEAS—91 Senator Thomas represented Wyo- ine dying because they’re so alive, and there Akaka Burr Collins ming effectively and with dignity. I are people we can’t imagine dying because Alexander Byrd Conrad was proud to work with him. they seem so healthy and so strong. Craig Allard Cantwell Corker Thomas’s death is doubly hard because he Baucus Cardin Cornyn We both loved the open beautiful spaces of our home States, and we was both of these people. But death has done Bennett Carper Craig its work, and so we come back to the place Bingaman Casey Crapo worked to keep them clean, safe, and that he was always so eager to return to, to Bond Chambliss DeMint sustainable. We collaborated to im- Boxer Clinton Dole accompany him on one last trip back. Brown Cochran Domenici prove the Endangered Species Act and It was here that he first heard his calling Bunning Coleman Dorgan the Safe Drinking Water Act. to serve in public life, and here that he first

VerDate Mar 15 2010 21:51 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JN7.REC S11JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 11, 2007 CONGRESSIONAL RECORD — SENATE S7443 tasted the bitterness of loss. But Susan al- that full body laugh, and then went to the looked out at the majesty of the canyons and ways told him, ‘‘If you sign up to be a cow- White House with a tuxedo shirt of his own the falls of Yellowstone and knew there is a boy, you can’t complain when you draw a making. God. As a teenager he saw the hard work and raw, bucking bronco.’’ He couldn’t have The Gentleman from Wyoming took an of- dedication of his parents and learned that imagined in those early years that one day fice on the top floor of the Longworth Office giving is more admirable than taking. And he’d be known to America as the Senior Sen- Building, but he didn’t get too comfortable. as a man he could hear the rumble of the ator from Wyoming. But he was never one to Some members of the Senate boast about herd even from his desk in Washington, and dwell on his achievements. So it falls to us, visiting every county in their state over the know that the movements of men were noth- his friends, to speak well of this good man. course of a year. Craig visited all 23 counties ing compared to the power of the wild. One of the great things about this country in Wyoming—the ninth largest state in I am not a cowboy. But I’ve come to know is that so many of its leaders come from America in just two weeks during that first and admire a few of them in my 22 years in such surprising places: a candle shop in Bos- August recess. He enjoyed every minute of the Senate. And I’ve come to know a little ton, a cabin in Kentucky—and a one room- it: driving west from Casper, looking out at bit about their pastimes. I’ve heard that school house in Wapiti, Wyoming. Senator the Wind River Range, and thinking about holding down a steer takes two kinds of rop- Enzi tells me that The Wapiti School is still what an honor it was to serve this big, beau- ers—a header and a heeler, and that there’s standing, but that it’s surrounded now by 10- tiful place he loved. an old saying that the header may be the foot fences and a ring of barbed wire—not to This was his home, and he loved it. He quarterback, but that the heeler makes the keep the kids in, but to keep the grizzlies loved the land, he loved the people. But any- money. The idea is that there may be more out. That fence wasn’t there when Craig was one who knew him knew what his greatest glory in roping the head, but that the heeler in school. They were tougher then. love was. has the harder, more important, and less Craig met Susan in 1978. She was working Craig Thomas was always the tough guy— glamorous job. No one who knew Craig on a statewide campaign, he was working for not tough to deal with, not tough on others, Thomas is surprised to know that he pre- the state Republican Party, and she invited just tough. When his family moved to Cody, ferred to be a heeler. he signed up for two sports: wrestling and him over to talk about the race. When she looked out the window and saw a man riding The most impressive thing in Washington football. One of his teammates on the foot- is also the rarest: and that’s a man whose po- ball team, Al Simpson, was also his neigh- toward her office on his bicycle, she turned to the woman next to her and said, ‘‘Now sition and power has no effect on the person bor. It may be the only time in American he was when he got there. I’ve never met a history that two U.S. senators grew up a who would that be?’’ She soon found out, and thanks to her loving support, so did the rest man who was changed less by what the world block and half from each other. calls riches or power than Craig Lyle Thom- There was a time when it was normal for of the country. Everything they did, they did together. She was with him for every race he as. tough guys to be studious too. And if you Now this great American life has come to went back to Cody in the 1940s, you’d find won. Craig always said Susan was the one who liked campaigning. an end. Yet we know it continues: This hus- the son of Craig and Marjorie Thomas as at- band, father, lawmaker, mentor, and friend tentive to his football plays as he was to They were like children, but they were deadly serious about their work. Craig goes to the Father’s house. We take comfort Mrs. Thompson’s English lessons. He’d re- entrusting him to the Lord of Mercy, who member and benefit from both many years viewed politics as a high calling, and he viewed Susan’s work the same way. He ad- tells us that in the life to come, every ques- later during hundreds of legislative battles mired her deeply. He never failed to mention tion will be answered, every tear wiped or on countless nights by the campfire along her. I remember my wife Elaine telling me away. And we are confident in the hope that the North Laramie River, reciting the ‘‘Cre- after giving the commencement speech one he will ride again, healthy and strong, along mation of Sam McGee.’’ a wider, more majestic plain in a land that’s As a young man, Craig would have heard year at Susan’s high school, how devoted to everlasting. about the days when an unwritten code of her the students there were. We honor Susan today for her devotion to honesty, bravery, and chivalry governed f Craig. We’ll miss seeing her outside the Sen- daily life in Cody. And he was inspired by ate chamber waiting for him to finish up his HONORING OUR ARMED FORCES stories of another code of bravery that guid- votes. The Senate’s a lonelier, less joyful ed young Americans of his own day in exotic TECHNICAL SERGEANT RYAN A. BALMER place without Craig. It’s already a lonelier, places like Guadalcanal, Bougainville, less joyful place without her too. Mr. BAYH. Mr. President, I rise Tarawa, and Guam. World War II cost the The people of Wyoming sent Craig to the today with a heavy heart and deep Marines nearly 87,000 dead and wounded. But Senate in 1994, and those of us who’ve served sense of gratitude to honor the life of a as a young man fresh out of college with his with him there are grateful they did. It was whole life ahead of him, Craig Thomas want- brave airman from Mishawaka. Ryan the first time since 1906 that every statewide Balmer, 33 years old, was killed on ed in. Fifty years later, he still proudly wore office in Wyoming was held by a Republican, the anchor and the globe on his lapel. and the credit, of course, goes to Craig. He June 5 while deployed near Kirkuk, He was happiest when he was here, but 18 led the ticket, and he worked tirelessly to Iraq, when an improvised explosive de- years ago history called him to Washington bring everyone else along with him. vice struck his vehicle. With an opti- and he responded dutifully. It was anything But again, he didn’t take the credit. And mistic future before him, Ryan risked but inevitable. His opponent in the campaign the victory and the higher office did nothing everything to fight for the values to replace an outgoing congressman who’s to change the man. If there was any chance done pretty well himself over the last 18 Americans hold close to our hearts, in of that, Susan made sure to nip it in the bud. a land halfway around the world. years had about 99 percent name recognition She made him hang a photo of himself fall- and had just lost an election for U.S. Senate ing off a horse. She knew the Scripture that Ryan has served in the Air Force by about 1,200 votes. The lowest point in the ‘‘pride cometh before a fail’’ But Craig knew since enlisting shortly after graduating race was the early polling, which suggested it too, and he wouldn’t disappoint. He was a Mishawaka High School in 1993. He was that Craig didn’t have a chance. But over the simple, humble son of Wyoming and he re- extremely proud of his military service next 40 days, the Marine and his staff pulled mained one to the end. and was nearing the end of his 6-month it off. Craig set the tone, he led the way, and He was always eager to get home. So eager, tour in Iraq when he was killed by the he let others take the credit. That was his in fact, that one time when his Mustang way. broke down on the way to the airport, he left improvised explosive device. In addi- Four days after the election, Craig and it on the side of the highway and hitchhiked tion to his military service, Ryan, the Susan packed their bags, headed east, and the rest of the way. They let him on the youngest of nine children, was the de- two days after that Craig was sworn in as a plane to Cheyenne without a ticket or any- voted husband of Danielle Balmer and member of the U.S Congress. It wasn’t the thing. He called his staff from the airport to the father of two sons and one daugh- easiest transition. As soon as Craig got to see if someone could get the car. When they ter. Washington, he froze with a sudden realiza- found it, the keys were still in the ignition. Ryan was killed while serving his tion—he didn’t have any suits. So he did They sent his clothes on the next plane. country in Operation Iraqi Freedom. what anybody from Wyoming would do. He We’ll never forget his toughness, his good- called Al Simpson, who told him where to ness, his humor, his steady reassuring hand. He was assigned to Detachment 113, 1st find one. Nor his kindness, which he always showed Field Investigations Region, stationed A few months later, he had a similar pre- toward everyone—from presidents to door- at Hill Air Force Base, UT. A good high dicament. He and Susan got an invite to the men. He was straightforward and honest. In school friend of Ryan’s, Dave White House and Craig didn’t have a tuxedo. a phrase that Craig might have recalled from Falkenau, told local media that, So he told one of his staffers to go to a dry Mrs. Thompson’s Shakespeare lessons, he ‘‘[Ryan] would go out of his way for cleaning store up the street and rent one— was not a man ‘‘to double business bound.’’ anyone; I wouldn’t be surprised if he but not to worry about the shirt. When the His only business was his duty—to God, died trying to save someone else from staffer came back, she found Craig in his of- country, family, and friends. And he fulfilled fice with a buck knife. He was cutting holes them beautifully. dying.’’ into his cuffs for where the cufflinks would He was strong, humble, and full of faith. Today, I join Ryan’s family and go. Craig just laughed that big laugh of his, And here is why. As a boy Craig Thomas friends in mourning his death. While

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Permitting these of Ryan, a memory that will burn allows people who can make valuable workers to enter the country legally brightly during these continuing days contributions to our society—by, for furthers the second core principle of of conflict and grief. example, strengthening families or per- comprehensive reform: avoiding a fu- Ryan was known for his dedication to forming jobs that cannot be filled by ture flow of undocumented workers his family and his love of country. Americans—to enter the country le- who would otherwise create a new un- Today and always, Ryan will be re- gally. These goals must be accom- derground economy. Unlike the bill we membered by family members, friends, plished in a way that is consistent with passed last year, however, the bill the and fellow Hoosiers as a true American our values as a nation. The funda- Senate considered this year has no hero, and we honor the sacrifice he mental problem with this bill, as it meaningful path to permanent resi- made while dutifully serving his coun- now stands, is that it fails to accom- dence for immigrants in the temporary try. plish these objectives; in fact, it con- worker program. It requires workers in As I search for words to do justice in tains several provisions that go di- that program to interrupt their em- honoring Ryan’s sacrifice, I am re- rectly against these objectives. ployment every 2 years and leave the minded of President Lincoln’s remarks With respect to the 12 million un- U.S. for a period of 1 year, and it pro- as he addressed the families of the fall- documented immigrants, the bill held hibits most of these workers from en soldiers in Gettysburg: ‘‘We cannot genuine promise when it came to the bringing their families to the U.S. dedicate, we cannot consecrate, we floor. As both the President and the Taken together, these provisions are a cannot hallow this ground. The brave Secretary of Homeland Security have recipe for a massive new flow of illegal men, living and dead, who struggled said, mass deportation is not a viable immigration—once again defeating the here, have consecrated it, far above our option, nor is amnesty for those who very purpose the program was meant poor power to add or detract. The have broken the law. As introduced on to serve. world will little note nor long remem- the Senate floor, this legislation would I am also concerned that the tem- ber what we say here, but it can never have required those who are here ille- porary worker program contains insuf- forget what they did here.’’ This state- gally to come forward, pay hefty fines, ficient protections for U.S. and foreign ment is just as true today as it was pay taxes, learn English and civics, workers. I was pleased at the success of nearly 150 years ago, as I am certain work, and wait in the back of the line— the Durbin-Grassley amendment, that the impact of Ryan’s actions will before earning the privilege of perma- which strengthened the bill’s require- live on far longer than any record of nent resident status. That would have ment that employers recruit and hire these words. been a workable solution. U.S. workers before hiring temporary It is my sad duty to enter the name Unfortunately, this linchpin of the foreign workers. But that protection is of Ryan A. Balmer in the official bill was undercut by the Senate’s adop- simply not sufficient. The single best record of the Senate for his service to tion of an amendment offered by Sen- mechanism for enforcement of labor this country and for his profound com- ator CORNYN. The amendment removed protections is a path to permanent res- mitment to freedom, democracy, and critical confidentiality provisions that idence. Knowing that foreign workers peace. When I think about this just would have protected applicants for le- cannot simply be used up and thrown cause in which we are engaged and the galization from being deported if their away prevents employers from exploit- unfortunate pain that comes with the applications were denied. The problem ing them. That, in turn, takes away loss of our heroes, I hope that families with this approach is that few undocu- the incentive to hire foreign workers like Ryan’s can find comfort in the mented immigrants will even apply for over U.S. citizens and ensures that words of the prophet Isaiah who said, legalization without this protection. working conditions for all workers ‘‘He will swallow up death in victory; They will stay in the shadows, and we don’t sink to a lowest common denomi- and the Lord God will wipe away tears will be exactly where we are now. If nator. It is a critical protection that is from off all faces.’’ this bill ultimately moves forward, it lacking from this bill. May God grant strength and peace to is vitally important that these con- Because I believe the temporary those who mourn, and may God be with fidentiality provisions be included in worker program as currently drafted all of you, as I know He is with Ryan. the House bill and retained in con- will foster illegal immigration and will f ference; otherwise, the bill will defeat not sufficiently protect U.S. and for- its own main purpose. eign workers, I voted for Senator IMMIGRATION REFORM I also hope to see progress on other BINGAMAN’s amendment to limit the Mr. FEINGOLD. Mr. President, over provisions that threaten to undermine scope of the program and Senator DOR- the last few weeks, the Senate has con- the very purpose of the earned legaliza- GAN’s amendment to sunset the pro- sidered an issue that inspires strong tion program. I am particularly con- gram in 5 years. Unless and until the feelings all around—the need for immi- cerned about requiring undocumented structural problems with the program gration reform. While the bill we were immigrants to leave the United States are fixed—and I hope they will be—we considering has many flaws, I am dis- in order to apply for permanent resi- should not be putting in place a perma- appointed that some Members of this dence. Although the bill guarantees nent program of the magnitude con- body decided to talk it to death. I their reentry, this ‘‘touch-back’’ re- templated by the original bill. voted to move this bill forward because quirement creates a major practical Another serious flaw in the bill is its Congress should act on this issue, and obstacle for many immigrants, espe- inclusion of multiple ‘‘triggers’’—en- because I am hopeful that the bill’s cially those who come from far-flung forcement requirements that must be flaws can be cured during the next regions of the globe. Moreover, many fulfilled before other critical reforms stages of the legislative process. undocumented immigrants—who may could begin. While these provisions are Despite our differences in approach, be receiving their information about designed to further the second core all of us in this Chamber agree on three the legislation from unreliable sources, goal of immigration reform—pre- core principles that form the bedrock or who may face language barriers in venting a future flow of illegal immi- of any comprehensive immigration re- understanding its provisions—will be gration—they will have exactly the op- form. First, we must do something unwilling to leave the U.S. for fear posite effect. History tells us that an about the estimated 12 million undocu- that they will not be allowed to return. ‘‘enforcement-only’’ approach simply mented immigrants who live and work Again, a bill that creates a legalization doesn’t work: the probability of catch- in the shadows. The status quo is sim- program but discourages immigrants ing an illegal immigrant has fallen ply unacceptable. It harms citizens and from applying for legalization gets us over the past two decades from 33 per- noncitizens alike and makes us less nowhere. cent to 5 percent, despite the fact that

VerDate Mar 15 2010 21:51 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JN7.REC S11JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 11, 2007 CONGRESSIONAL RECORD — SENATE S7445 we have tripled the number of border yond that, even allowing the Govern- cans. We also must understand why, as agents and increased the enforcement ment to detain—forever—immigrants the United States heroically battled budget tenfold. True border security who have never been suspected, let fascism, our Government turned away requires both increased enforcement alone convicted, of any crime. That thousands of Jewish refugees fleeing measures and the creation of adequate does nothing to make us safer, and it Nazi Germany, delivering many of legal channels for immigration, includ- goes against everything this country them to their deaths at the hands of ing programs to bring needed foreign stands for. the Nazi regime. I first introduced this workers into the U.S. and to allow un- A similar challenge to our core val- legislation in 2001 after hearing from a documented immigrants who pass ues was presented by an amendment of- group of German Americans in Wis- background checks to earn legal sta- fered by Senator CORNYN. The amend- consin who were concerned that this tus. These measures allow us to sepa- ment would have allowed the Govern- sad chapter in our Nation’s history had rate those who are here to work and ment to deny citizenship to legal im- gone unnoticed for too long. It is only contribute to our communities from migrants based on secret evidence and appropriate for a country that prides terrorists and others who pose a seri- without any opportunity for review. It itself on equality and justice to ac- ous threat to this Nation, so that our would have required the mandatory de- knowledge and learn from its mistakes. immigration enforcement agents can portation of several new categories of It is long past time to enact the War- focus their efforts in the right place. immigrants without any individualized time Treatment Study Act, and I will Postponing these measures—as this bill determination of whether such depor- continue to push for it to become law. does—makes us less safe, not more. tation was appropriate. And it would I hope the Senate will still have the The bill’s solution to the third chal- have doomed the earned legalization chance to address the need for com- lenge of immigration reform—shaping program with provisions that would prehensive immigration reform. Con- the contours of legal immigration—is a make most applicants ineligible. In gress needs to act on this issue, which radical shift away from family reunifi- short, the amendment put forward a is why I voted to move forward with cation. That solution is not consistent scattershot approach that would have this bill despite the serious flaws I with the core values of this Nation. In penalized immigrants who pose no have discussed. I will work with my the past, our immigration laws have threat to us and stripped them of cru- colleagues to try to make sure this acknowledged that our country and our cial due process rights. Fortunately, happens and to make sure that we end communities are stronger when fami- Senator KENNEDY offered us an alter- up with a bill that represents true im- lies are united. But under this bill, it native that responsibly and effectively migration reform—one that encourages will be much harder for U.S. citizens targets the small proportion of immi- the 12 million undocumented immi- and legal immigrants to be reunited grants who threaten the safety of our grants in this country to come forward with parents, siblings, and adult chil- communities. His amendment will en- out of the shadows, takes a comprehen- dren. Some of my colleagues argued sure that immigrants who have com- sive approach to preventing illegal im- that this shift in policy is a necessary mitted serious crimes not fully covered migration in the future, and strength- step toward embracing a ‘‘merit-based’’ by existing immigration laws, includ- ens our society by welcoming immi- system of immigration. But I believe ing firearms offenses, domestic vio- grants who can make valuable con- there is a great deal of merit in keep- lence, child abuse, or felony drunk tributions. ing families together. And I don’t be- driving, cannot come to this country. I f lieve that bringing people with useful joined the majority of the Senate in skills to this country can only be ac- voting for this more sensible and effec- VERMONT HOUSING AND complished at the expense of family tive approach and against Senator COR- CONSERVATION BOARD unity. NYN’s amendment. Mr. LEAHY. Mr. President, it is my We had the opportunity to do some- Despite my concerns about the bill, pleasure today to bring to the atten- thing about the bill’s antifamily provi- it contains several provisions that are tion of the Senate the important work sions. Along with Senators MENENDEZ important and worthy. For example, the members and staff of the Vermont and OBAMA, I cosponsored two amend- this bill contains the DREAM Act, Housing and Conservation Board have ments: one that would sunset the so- which provides higher education oppor- accomplished during their first 20 years called ‘‘merit-based’’ system in 5 years, tunities for children who are long-term of service to protect Vermont’s work- and one that would reallocate points U.S. residents and came to this coun- ing landscape and to help ensure that within the merit-based system to place try illegally through no fault of their Vermonters have safe and affordable more value on family ties. The first own. It also contains AgJOBS, a bill places to call home. amendment failed, while the Senate long in the making that will provide Since 1987, VHCB, its board members has not yet had the opportunity to vote much needed assistance to agricultural and staff have invested in 427 farms, re- on the second. Other amendments workers. And it contains the Secure sulting in the conservation of 118,500 would have improved this aspect of the and Safe Detention and Asylum Act, to acres of farmland; protected 250,000 bill, but they fell victim to points of ensure that asylum seekers and other acres of recreational and natural areas; order, and we were prevented from vot- vulnerable populations have a mean- and constructed or rehabilitated 8500 ing on them. So we are left with a sys- ingful opportunity to exercise their units of affordable housing. This has tem that values 3 years of U.S. employ- rights under law, and to provide for hu- been a conscious investment of $200 ment more than the relationship be- mane detention conditions in accord- million in our Green Mountains, tween a brother and sister. ance with the recommendations of the leveraging an additional $750 million Beyond these much debated aspects U.S. Commission on International Reli- from public and private sources. Few of the bill, I am also deeply concerned gious Freedom. organizations can boast the stimulus of by a little-discussed provision that I am pleased the Senate approved the $1 billion in two short decades. would allow the Department of Home- addition to the bill of the Wartime For centuries, Vermonters have made land Security to detain several dif- Treatment Study Act, legislation Sen- their livings working the land. As land ferent categories of immigrants indefi- ator GRASSLEY and I have been trying use patterns drastically change across nitely. These immigrants may effec- to enact for years to examine the the country, including in the valleys of tively be given a lifetime jail sentence, treatment of German Americans, Vermont, VHCB has helped many farm- even though they have committed no Italian Americans, and other European ers and communities conserve the rural crime for which such a sentence could Americans during World War II, as well working landscape that has come to de- be imposed by judge or jury. There is as Jewish refugees fleeing Nazi Ger- fine Vermont and the way of life in our already a provision in our existing im- many. While there has been study of State’s communities. VHCB has be- migrations laws under which the Gov- the internment and relocation of Japa- come a national leader in farmland ernment may indefinitely detain any nese Americans during World War II, protection practices—educating family immigrant who is suspected of ter- few people know about our Govern- farmers how they can make money pro- rorism or whose release would threaten ment’s failure to protect the basic tecting working farmland and rural national security. The bill goes far be- rights of German and Italian Ameri- landscape for generations to come. The

VerDate Mar 15 2010 21:51 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JN7.REC S11JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7446 CONGRESSIONAL RECORD — SENATE June 11, 2007 protections VHCB has been able to people of Vermont, I thank and ap- ADDITIONAL STATEMENTS offer Vermont’s farmers have resulted plaud everyone who has worked to in hundreds of farms remaining active make the Vermont Housing and Con- and contributing members of their servation Board a success. Congratula- MONTANA HISTORY communities, allowing them to remain tions on 20 great years preserving the ∑ Vermont’s ultimate environmental character and affordability of Mr. BAUCUS. Mr. President, the his- stewards. VHCB’s expertise also al- Vermont. tory of Butte, Anaconda, and Walkerville is as bright and intricate lowed me to work with them to imple- f ment a farm preservation pilot pro- as the people who live there. Stories of RECOMMISSION OF THE USS gram in Vermont that has since be- greed, danger, and power intermingle ‘‘MICHIGAN’’ come known as the Farm and Ranch with values like hard work and loyalty, Land Protection Program, a national Mr. LEVIN. Mr. President, I would to weave a tapestry as rich as any city farmland protection program. Today, like to take this opportunity to com- in America. As the Montana Historical this program has protected nearly a memorate the recommission of the Society has so richly shown, the his- half million acres of farmland in 42 USS Michigan, SSGN–727. A formal re- tory of Butte is the history of our States nationwide. turn to service ceremony will be held country. For centuries, the very same farmers on Tuesday, June 12 at 1 p.m. to honor As America began to slowly mature who have lived off the land have be- the USS Michigan and her officers and from a budding nation to an inter- come well known for their love of fish- crew, which includes captain of the national superpower, the growing pains ing, hunting, hiking and snowmobiling boat CDR Terry Takats and chief of became evident. Settlers, packing what across Vermont’s forests and open the boat CMDCM Wayne Lassiter. little belongings they could fit into the spaces. With encroaching urban sprawl The USS Michigan will return to ac- legendary prairie schooners, began to and changing demographics, these tive duty as the second Ohio-class nu- gaze at the horizon and seek fame and lands, too, have been dwindling. VHCB clear-powered Trident missile sub- fortune on the Western frontier. As the has made it a priority to preserve these marine in the U.S. Navy to be refitted trails became longer, and the distance natural lands and access to these lands, from a ballistic missile submarine, grew greater, the limits of one nation conserving a quarter of a million acres SSBN, into a guided missile submarine, were pressed. Yet the powers of Amer- of these green spaces. SSGN. This conversion has enhanced ican ingenuity and our Nation’s leg- As a dual mission organization, and transformed the capabilities of the endary can-do spirit kicked in. Samuel VHCB has also led the country in de- USS Michigan, making it a more valu- Morse learned how to communicate veloping and administering steady pri- able asset and serving as an example of through code, and Alexander Graham vate, State and Federal funding the Navy’s ongoing transformation to Bell discovered how to talk through sources for the preservation, develop- face current and future threats around wires. ment and rehabilitation of quality af- the world. While these men showed great ge- The USS Michigan has had a proud fordable housing in all corners of nius, without the sweat of working tradition of service, and SSGN–727 will Vermont. These homes, like the great men and women these inventions would be the third naval vessel to bear the pieces of granite my grandfather once be nothing more than a footnote in his- name of our great State. The first ship cut out of the mountainsides of tory. But as miners extracted moun- to carry this name was launched by the Vermont, are the foundations for the tains of copper from the Earth’s belly, Navy in 1843 as its first iron-hulled future of Vermont. Additionally, many telegraph and telephone wires began to warship. She operated throughout the of these homes are designated perpet- crisscross our country. Suddenly, a let- Great Lakes for her entire period of ually affordable, ensuring that genera- ter that used to take days would now service, gaining notoriety when she take minutes. Citizens on the eastern tions of Vermonters will have places to helped to successfully end the Fenian call home. Recently the U.S. Depart- seaboard would know what was hap- invasion of Canada by intercepting sup- pening on the plains, and at last we ment of Housing and Urban Develop- plies between Buffalo and Fort Erie, ment named Vermont’s federally fund- truly were one Nation. Ontario along the Niagara River. And at the heart of this was Butte, ed HOME program, administered by U.S. Naval vessels bearing the Michi- Anaconda, and Walkerville. Here, the VHCB, as the most effective program gan name have courageously seen ac- gallow frames and the towering Ana- among 51 participating jurisdictions in tion against Mexico, served as convoy conda Company smokestacks pierce the country for the fourth quarter in a escorts during WWI, and most recently the skyline as a monument to the men row. completed more than 33 strategic de- Like so many Vermonters, I live in a terrent patrols throughout the world. and women whose toil became the bed- rather old house in the Green Moun- The newly converted USS Michigan rock of our great Nation. Though faced tains. At least half of Vermont’s hous- SSGN–727 will return to service with a with danger, and even death, these ing stock is estimated to be more than new mission and enhanced capabilities. workers strapped on their boots every 50 years old, and many are more than a The new guided missile submarine morning and from daybreak till night century old. With this Yankee char- conversion program was developed by provided the fuel for a growing nation. acter comes a great danger that VHCB the Navy to create a more efficient and Faced with dire circumstance and has identified and tackled with great effective dual-use submarine force. The physical harm, these workers devel- skill: lead poisoning. The most com- USS Michigan’s successful trans- oped a bond that none outside the mon cause of lead poisoning is exposure formation has maintained all the bene- mines could understand. They stood to- to dust from deteriorated lead-based fits of its predecessor, while creating a gether through thick and thin, and paint in a child’s home or daycare. The ship that will act as a force multiplier truly were a family. Vermont Lead-Based Paint Hazard Re- for the Navy. It has an increased pay- This bond took form in two of the duction Program, administered by load capacity of 154 cruise missiles and Nation’s most radical unions, the West- VHCB, has provided technical and fi- the capability to more effectively ern Federation of Miners, and the In- nancial assistance to eligible landlords house, sustain, and deploy a variety of dustrial Workers of the World. Located and homeowners to reduce the risk of special operations forces, allowing for in ‘‘the Gibraltar of Unionism’’, Butte lead poisoning in Vermont’s buildings a support role, as well as stealth inser- and Walkerville, these unions waged a and homes. tion and extraction of operatives. The class warfare the likes of which is still Since the very beginning, my good flexibility of this new submarine will the fodder for legends. The class war friend Gus Seelig has steered this orga- allow it to efficiently function in a va- soon came to a raging boil after the nization through both calm and stormy riety of multimission scenarios. Butte Granite/Speculator Mine fire, the weather. Like any good leader, I am The USS Michigan is a shining exam- worst hard-rock mining disaster in the certain that Gus would say this organi- ple of the U.S. Navy’s transformation, Nation’s history. Unions were busted, zation owes a great deal of its success and I know my colleagues will join me agitators dealt with, and the crushing to its many past and present board in commemorating its return to active hand of the ‘‘company’’ dealt a crip- members and staff. On behalf of the service. pling blow to the workers.

VerDate Mar 15 2010 21:51 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JN7.REC S11JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 11, 2007 CONGRESSIONAL RECORD — SENATE S7447 Yet with the New Deal came new life The community of Noonan is a won- that have helped shape this country for the unions. As the Federal Govern- derful place for its residents to live, into what it is today, which is why this ment guaranteed the right of workers work, and raise future generations. The fine community is deserving of our rec- to unionize, the strength of the men people of Noonan take pride in their ognition. and women who worked the mines community and all the opportunities it Granville has a proud past and a began to shine. In 1934, a 4-month has to offer. The town has an exciting bright future.∑ strike, lead to the birth of the CIO, an centennial weekend planned that in- f organization that has become synony- cludes dances, a parade, variety show, 125TH ANNIVERSARY OF mous with unions, and workers’ rights. a Sunday brunch, and much more. COOPERSTOWN, NORTH DAKOTA Now, as Butte, Walkerville, and Ana- I ask the Senate to join me in con- conda usher in the 21st century, these gratulating Noonan, ND, and its resi- ∑ Mr. CONRAD. Mr. President, I am cities’ special past will be immor- dents on their first 100 years and in pleased today to honor a community in talized forever. In 2006, the National wishing them well through the next North Dakota that is celebrating its Park Service recognized that this trio century. By honoring Noonan and all 125th anniversary. On July 5–8, the of cities’ history of mining and labor other historic small towns of North Da- residents of Cooperstown will celebrate should be remembered for generations kota, we keep the great pioneering their community’s history and found- and declared the district a National frontier spirit alive for future genera- ing. Historic Landmark. I was proud to tions. It is places such as Noonan that Cooperstown is a vibrant community work with many people from the area, have helped to shape this country into located in east-central North Dakota. and showing the determination of their what it is today, which is why this fine The town was founded in 1882 by Rollin ancestors, was able to make this land- community is deserving of our recogni- and Thomas Cooper, who had pre- mark a reality. The district will be the tion. viously been miners in Colorado. As largest National Historic Landmark in Noonan has a proud past and a bright with many communities in North Da- the West, covering the period from 1876 future.∑ kota, the arrival of the railroad in 1883 to 1934 and encompassing nearly 10,000 f contributed greatly to Cooperstown’s acres with over 6,000 contributing re- growth. The town’s post office was es- sources. And one woman, whose heart 100TH ANNIVERSARY OF tablished on December 28, 1882. The and soul was poured into this district, GRANVILLE, NORTH DAKOTA town continued to grow, becoming in- is Ellen Crain, Director of the Butte ∑ Mr. CONRAD. Mr. President, I am corporated as a village in 1892 and as a Public Archives. With the undeterred pleased today to recognize a commu- city in 1906. tenacity of the miners before her, Ellen nity in North Dakota that will be cele- Today, Cooperstown plays host to worked for 14 long years to make this brating its 100th anniversary. On June manufacturers, agricultural businesses, possible. Because of her hard work, the 29–July 1, the residents of Granville and many other local companies. Coop- citizens in the district will also be able will gather to celebrate their commu- erstown is also proud to boast a strong to reflect with pride on their past, as nity’s history and founding. community, with chapters of 4–H, the they work to uphold the cities’ great Granville is a friendly rural commu- ∑ American Legion, and the Boy and Girl tradition in the future. nity located in northern North Dakota. Scouts of America, in addition to sev- f William Christianson, along with his eral local community organizations. 100TH ANNIVERSARY OF NOONAN, wife Minnie, were the first non-native Tourism opportunities abound in NORTH DAKOTA people to settle the soon-to-be prairie Cooperstown. Sportsmen seek out ∑ Mr. CONRAD. Mr. President, today I town of Granville in 1895. William was hunting and fishing near Lake Ash- recognize a community in North Da- an employee of the Great Northern tabula and the Red River Lake. The kota that will be celebrating its 100th Railway, and the town of Granville was Cooper Theater hosts local plays, and anniversary. On June 29–July 1, the named after Granville M. Dodge, a civil the Griggs County Museum provides a residents of Noonan will gather to cele- engineer for the railway. Established in window on Cooperstown’s past. brate their community’s history and 1901, the Granville State bank was one I ask the Senate to join me in con- founding. of the first businesses established. gratulating Cooperstown, ND, and its Noonan is a thriving rural commu- Granville was officially declared a city residents on their first 125 years and in nity in northwest North Dakota that in 1907. wishing them well in the future. By shares a border with the Canadian Today, like so many smaller rural honoring Cooperstown and all the province of Saskatchewan. Noonan communities in North Dakota, Gran- other historic small towns of North Da- holds an important place in North Da- ville is a tight-knit town where every- kota, we keep the great tradition of kota’s history. Like many of the rural one knows their neighbor. Granville is the pioneering frontier spirit alive for communities in North Dakota, Noonan known for its welcoming hospitality future generations. It is places such as began its history as a community with and conversation and it is easy to wit- Cooperstown that have helped to shape the arrival of the Great Northern Rail- ness this local atmosphere at Gran- this country into what it is today, road. Noonan received its name from ville’s Memorial Diner. A beautiful which is why this fine community is Patrick Noonan, the first mayor of city park offers a chance for parents deserving of our recognition. Noonan. The first businesses in Noonan and their children to have fun and play Cooperstown has a proud past and a included the Golden Rule General together. bright future.∑ Store, an implement store, and a hotel. The community of Granville is a f wonderful place for its citizens to live Noonan officially became a city on CANNON AIR FORCE BASE September 14, 1928. and experience life together. The peo- ANNIVERSARY Today, the community of Noonan is ple of Granville take great pride in largely based on agriculture and is their community and all it has to offer. ∑ Mr. DOMENICI. Mr. President, 50 home to some of the best waterfowl To celebrate their centennial anniver- years ago on June 8, 1957, Clovis Air and upland game hunting in northwest sary, the town will be holding a Force Base was renamed Cannon Air North Dakota. There is also a volun- barbeque, wagon train, parade, and Force Base. On this anniversary, I teer fire department and EMT service, fireworks. would like to like to pay tribute to the two taverns, and many other busi- I ask the Senate to join me in con- men and women who have and continue nesses in this close-knit community gratulating Granville, ND and its resi- to serve at Cannon. where everyone knows everyone. The dents on their first 100 years and in Cannon was named after GEN John nearby Noonan trout pond offers camp- wishing them well through the next Kenneth Cannon who commanded ing and fishing. Noonan is also home to century. By honoring Granville and all Army Air Corps forces in the Medi- a prominent Lions Club chapter, which other historic small towns of North Da- terranean and later was commanding is the oldest service organization in kota, we keep the great pioneering general of all Army Air Corps forces in Noonan and whose main goal is to help frontier spirit alive for future genera- Europe during the Second World War. the blind. tions. It is places such as Granville After the war, General Cannon served

VerDate Mar 15 2010 21:51 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JN7.REC S11JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7448 CONGRESSIONAL RECORD — SENATE June 11, 2007 as commander in chief of U.S. Air secure uses of nuclear material for the Liaison at the library. For more than a Forces Europe and commanding gen- public good. A participant in the devel- quarter century, Mr. Mehnert’s keen eral of Tactical Air Command. During opment of NRC’s Strategic Plan, he editorial and literary talents have his service, General Cannon earned championed a number of significant helped library’s director, Donald A.B. four Distinguished Service Medals, a regulatory improvements, including ef- Lindberg, M.D., and his predecessor, Legion of Merit, a Bronze Star, and the forts to risk-inform regulations, pro- Martin M. Cummings, M.D., to commu- Air Medal. He also received decorations vide discipline in staff review of appli- nicate the most current and reliable from Great Britain, France, Italy, Po- cations for license renewal, and prepare medical and consumer health informa- land, Yugoslavia, and Morocco. the agency for potential new power re- tion to medical professionals, research- For the last 50 years the service men actor applications. Recently Jeff ers, patients, families, and the public. and women who called Cannon home chaired a Combined License Review During his tenure at the National Li- have been deployed numerous times Task Force which made a number of brary of Medicine, Mr. Mehnert has around the world to ensure the na- recommendations to improve the effi- been in the vanguard of a revolution in tional security of our country. They ciency and effectiveness of the review health information. The introduction have performed their duty faithfully of new reactor applications. He was the of the Internet and the Web environ- and in a manner that I am sure would leading advocate for the use of the al- ment vastly increased the number and make General Cannon proud. ternate dispute resolution process in extent of NLM services and audiences. This year we will see major changes agency enforcement actions and has In 1997, after more than a century of at Cannon as the 27th Fighter Wing is taken a special interest in improving serving the library and medical com- deactivated in preparation for the im- the management of decommissioning munities exclusively, the National Li- pending arrival of the 16th Special Op- funding. brary of Medicine launched Medline erations Wing in October. While we are As an NRC Commissioner, Jeff freely on the Web and declared that it excited for the arrival of the 16th Spe- Merrifield was actively involved in the would seek to serve the general public cial Operations Wing, we are sad to see agency’s post September 11, 2001, re- as well. With Mr. Mehnert’s help, other the men and women of the 27th Fighter sponse activities. These actions re- NLM services for the consumer public Wing go. sulted in a significant improvement in quickly followed. In 1998, In the coming years I am sure the security at NRC licensed facilities. MedlinePlus.gov, a source of authori- 16th Special Operations Wing will con- Both before and since the terrible tative full-text health information tinue the 27th Fighter Wing’s long tra- events of 9/11, NRC licensed power reac- written for the consumer was unveiled. dition of excellence at Cannon. Again, I tors are some of the best protected fa- In 2000, ClinicalTrials.gov—an NLM would like to thank the men and cilities in the civilian community. Web site that provides consumers with women, past and present, who have Recognizing the NRC’s influence in information on medical research stud- made Cannon a source of national the international regulatory commu- ies that are recruiting patients—was pride.∑ nity, Jeff has traveled abroad to dis- launched. Other NLM consumer-ori- f cuss policy issues with nuclear regu- ented databases were introduced in the RECOGNITION OF JEFFREY S. lators and foreign dignitaries in more last decade as bandwidth and the power MERRIFIELD than 35 countries and has toured more of personal computers increased. They ∑ Mr. GREGG. Mr. President, the Hon- than 140 nuclear reactors overseas. In have included NIHSeniorHealth.gov, a orable Jeffrey S. Merrifield will be 2005, he led an NRC delegation to India talking Web site with topics and for- leaving the U.S. Nuclear Regulatory for the fifth bilateral exchange be- mats tailored to the needs of older per- Commission, NRC, on June 30, 2007. tween the Indian Atomic Energy Regu- sons; Genetics Home Reference, a Web Originally from Antrim, NH, Jeff latory Board and the NRC. This was site that makes genetics and its rela- Merrifield has served as a member of the first visit to India by a member of tionship to disease more understand- the Commission since October 23, 1998. the Commission following President able to the public; the Household Prod- First appointed by President Clinton, Bush’s initiative ‘‘Next Steps in the ucts database that provides easy-to-un- Jeff was reappointed by President Bush Strategic Partnership’’ with India. Jeff derstand information on the potential and was sworn in for a second term on was also the major advocate for the es- health effects of ingredients contained August 5, 2002. After a distinguished tablishment of a three-nation agree- in common household products; and government career at the NRC and on ment with Canada and Mexico on nu- many others. Capitol Hill, Jeff Merrifield has chosen clear materials and waste issues One of Mr. Mehnert’s most tangible to pursue endeavors in the private sec- through periodic trilateral meetings. legacies has been his recent service on tor. Mr. President, please join me in the editorial team responsible for pro- Throughout his tenure at the NRC, thanking Jeff Merrifield for his dedi- ducing a new quarterly NIH magazine, Jeff Merrifield has invested consider- cated service to the American people NIHMedlinePlus, which is sent to doc- able time in familiarizing himself with and in wishing him and his family all tors’ offices nationwide for their pa- the operations of NRC licensees, vis- the best in their future pursuits.∑ tients to read. The production of this iting all 104 operating power reactors f consumer-oriented magazine fulfills in the United States, as well as numer- Congress’s call to publicize the fruits of TRIBUTE TO ROBERT B. MEHNERT ous nuclear materials facilities and NIH-sponsored research to patients, sites undergoing decommissioning. Jeff ∑ Mr. HARKIN. Mr. President, I would their families, and the public at large. actively supported initiatives to im- like to pay tribute to Robert B. Mr. Mehnert has been recognized by prove the transparency, efficiency, and Mehnert, who is retiring after 48 years the National Library of Medicine and effectiveness of NRC regulatory pro- of dedicated service to the Government the National Institutes of Health for grams. He headed an NRC Communica- and people of the United States of his exceptional leadership and achieve- tions Task Force charged with initi- America. ments. Aside from numerous merit ating and implementing many rec- Mr. Mehnert began his public service awards, his honors have also included ommendations to improve agency in- in 1958 with the U.S. Army, continuing being the recipient of both the NLM ternal and external communications. in uniform until 1962. In 1963 he reen- Director’s Award and the NIH Direc- Jeff also led an interagency task force tered Federal service, this time as a tor’s Award on several occasions. of fifteen departments and agencies to management intern with the then-De- As someone who has worked for identify gaps in the control and use of partment of Health, Education and many years to support medical re- radiation source materials as required Welfare. He rose quickly through the search, I am especially grateful to peo- by the Energy Policy Act of 2005. Rec- ranks and, in 1971, Mr. Mehnert became ple who have dedicated their lives to ommendations of this task force were Chief of the Office of Public Informa- this crucial public health mission. Bob detailed in a report to the President tion at the National Library of Medi- Mehnert has done that and is a great and Congress. cine of the National Institutes of testament to what public service is all Jeff Merrifield has advocated a vision Health. Since 1998 he has directed the about. Bob and his wife, Helene, have of excellence in regulating the safe and Office of Communications and Public three daughters, seven grandchildren,

VerDate Mar 15 2010 21:51 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JN7.REC S11JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 11, 2007 CONGRESSIONAL RECORD — SENATE S7449 and 1.5 great grandchildren—that is, services to the community. They even Dan has forged community partner- one is on the way. I thank Bob for his had a minibank at the local Badger ships that truly reflect the university’s distinguished career in service to the Army Ammunition Plan. The Baraboo motto: Let Knowledge Serve the City. American people, and I wish him many National Bank continued to expand the These include many of the nonprofit well-deserved years of happiness in re- building on the corner, taking in space organizations in the Portland Metro- tirement.∑ to the south and to the west. politan community, the urban and sub- f In 1975, Merlin E. Zitzner became the urban school districts, and the area’s eleventh president and CEO of The community colleges. RECOGNIZING THE BARABOO Baraboo National Bank. Zitzner, a I want to highlight a development at NATIONAL BANK Viroqua native, graduated from UW Portland State that is especially im- ∑ Mr. KOHL. Mr. President, I would Whitewater and a graduate degree from portant to me and to the work I have like to take the time to recognize and UW Madison. Under this leadership The pursued in the Senate. Shortly after honor Baraboo National Bank located Baraboo Bancorporation Inc. was his arrival, Dan said that investment in Baraboo, WI. This year, the bank formed as the holding company of The in science, technology, and engineering celebrates 150 years as Baraboo’s first Baraboo National Bank and later the would be a priority. One area that has and oldest bank. State Bank of Viroqua and Green Lake emerged as a national research center On July 15, 1857, Simeon Mills joined State Bank. is in nanometrology. Attracting Dr. with Terrell Thomas to open Sauk The Baraboo National Bank contin- Jun Jiao to Portland State set the ini- County Bank, Wisconsin’s 15th char- ued to grow by adding the Downtown tiative in motion and today PSU has tered bank, in a building just down the Drive-up Bank branch, West Baraboo one of the premier centers for Electron street from its present location. They branch, East Baraboo branch, South- Microscopy and Nanofabrication. This began with $50,000 in operating capital west branch and opening the Lake is evidence that President Bernstine and by the end of that year were well Delton National Bank branch. Later understands the importance of nano- on their way to establishing a success- would follow the acquisition of the technology and is committed to having ful institution. By the early 1860s, the Rock Springs and Bank of Wonewoc PSU make a major contribution in this Sauk County Bank had grown their op- branches. Most recently the Reedsburg area. erating capital to break the $100,000 National Bank and the Portage Na- Under President Bernstine’s leader- mark. A fire in their first location tional Bank where built as well as the ship, Portland State University has re- caused the bank to move into tem- acquisition of the two locations of the ceived national recognition for its fac- porary quarters on the back of a lot Northwoods National Bank in ulty, community and service-learning purchased on the corner of Oak and Rhinelander and Elcho. programs and is listed in the Princeton Third Avenue. The new building would Today with assets nearing the Review book, Colleges with a Con- soon be built on this corner and stand $800,000,000 mark and a market share in science: 81 Great Schools with Out- until today. Baraboo averaging 66 percent, The standing Community Involvement. For In 1873 the charter for Sauk County Baraboo National Bank has a lot to be its work to revitalize its community, Bank changed and the bank renamed as thankful for. Customer loyalty going its work in urban development, and First National Bank of Baraboo. For a back for several generations and local support for the local economy, Port- 7-year period after the bank changed businesses enjoying growth are what land State University is listed on the its name, banks in Wisconsin were fi- the bank is really all about.∑ first President’s Higher Education Community Service Honor Roll and nancially stressed and many were clos- f ing across the State. However, through was recognized by The New England the actions taken by the principle offi- RETIREMENT OF DANIEL Board of Higher Education as one of 25 cers and stockholders, the bank was BERNSTINE universities considered ‘‘Saviors of Our able to avoid disaster. Otto Ringling ∑ Mr. WYDEN. Mr. President, today I Cities.’’ The Association of American came to the First National Bank of want to pay tribute to one of Oregon’s Colleges and Universities also recog- Baraboo and deposited a large sum of and indeed our Nation’s finest higher nized PSU in its report, ‘‘College money to show his support for the education leaders, Dr. Daniel O. Learning for the New Global Century,’’ bank. To show their appreciation, the Bernstine, president of Portland State as a leader in the area of fostering bank would often send the Ringlings University. Portland State University civic, intercultural, and ethical learn- money when they needed help. is our state’s largest university, and is ing. And for the past 5 years, Portland The 1880s brought more prosperity to foundational to Oregon’s well-earned State University has ranked among the Sauk County and the bank grew well reputation for educational and techno- Nation’s best colleges in five categories beyond its neighboring competitors to logical innovation. Earlier this year, that lead to student success, according over $400,000 in assets. By this time the President Bernstine announced he to U.S. News & World Report in its bank decided it was time for a name would leave PSU at the end of the aca- America’s Best Colleges 2007 edition. For these reasons and more, I con- change. In doing so, was now called demic year and become the President sider President Bernstine’s decision to The Bank of Baraboo, which would re- and Chief Executive Officer of the Law take on this new responsibility to be a main for about 58 years. Baraboo was School Admissions Council in Pennsyl- loss to Portland State University and now the 25th largest city in the State. vania. to Oregon. I am pleased that he will re- Industry and small businesses all over Pennsylvania’s gain is truly Oregon’s main active in the higher education loss. As president of Portland State, the county were helped by the bank to community and I wish him well in his Dan and his team have truly trans- get their start. new position in Pennsylvania. Mr. This included the Circus Industry. formed Oregon’s only urban university. President, Daniel O. Bernstine is an Or- The Bank of Baraboo was a strong sup- Under his leadership the enrollment egon treasure and has made a positive has grown substantially; research fund- porter of the Ringling and Gollmar difference in the lives of students and ing has increased from $17 million to Brother’s Circus. When the Ringling to our community.∑ brothers needed money to expand their more than $40 million; the University circus in the 1900s, they turned to The completed its first ever comprehensive f Bank of Baraboo for help. Through the campaign; and the campus has added a MESSAGES FROM THE PRESIDENT 1920s this bond grew to the point that a new Urban Center, the University Messages from the President of the few of the Ringlings were appointed di- Place hotel, the Native American Stu- United States were communicated to rectors and became stock holders who dent and Community Center, the the Senate by Mr. Williams, one of his were very loyal customers. Simon Benson House, Epler Hall, the secretaries. In 1938 a final national bank charter Broadway Housing complex, the Peter f changed the name from The Bank of Stott recreational field, the Northwest Baraboo to The Baraboo National Center for Engineering, Science, and EXECUTIVE MESSAGES REFERRED Bank. As banking products expanded, Technology, and the Portland Street- As in executive session the Presiding the bank was now able to provide more car. Officer laid before the Senate messages

VerDate Mar 15 2010 21:51 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JN7.REC S11JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7450 CONGRESSIONAL RECORD — SENATE June 11, 2007 from the President of the United to law, the certification of a proposed license enty-five sites and found potential environ- States submitting sundry nominations for the export of technical data, defense arti- mental violations on one hundred fifty of and a withdrawal which were referred cles and defense services, including manufac- these sites in the Almonaster/Gentilly area to the appropriate committees. turing know-how, to Germany for the manu- alone; and facture of 120mm tank training ammunition; Whereas, on one of these sites, sixty-five (The nominations received today are to the Committee on Foreign Relations. thousand cubic yards of debris or approxi- printed at the end of the Senate pro- EC–2224. A communication from the Assist- mately an eleven foot tall mound of debris ceedings.) ant Secretary, Office of Legislative Affairs, was found to have been illegally dumped on f Department of State, transmitting, pursuant this one site in New Orleans East; and to law, the certification of a proposed license Whereas, the illegal piles of debris do not EXECUTIVE AND OTHER for the export of technical data, defense serv- have protective barriers to keep whatever COMMUNICATIONS ices, and defense articles to support the man- poisons are in the piles contained and from ufacture of F–15 aircraft major structural leaking out into the wetlands surrounding The following communications were components for Israel; to the Committee on this area; and laid before the Senate, together with Foreign Relations. Whereas, numerous federal agencies have accompanying papers, reports, and doc- EC–2225. A communication from the In- roles and responsibilities in the health, safe- uments, and were referred as indicated: terim Director, Pension Benefit Guaranty ty, and economic development after hurri- EC–2215. A communication from the Sec- Corporation, transmitting, pursuant to law, canes Katrina and Rita which range from de- retary of Housing and Urban Development, the report of a rule entitled ‘‘Benefits Pay- bris removal, oversight of regulations, and transmitting, the report of proposed legisla- able in Terminated Single-Employer Plans; recovery funding; and tion entitled ‘‘The Community Development Allocation of Assets in Single-Employer Whereas, the removal of all dump sites Block Grant Reform Act of 2007’’; to the Plans; Interest Assumptions for Valuing and within the New Orleans Regional Business Committee on Banking, Housing, and Urban Paying Benefits’’ (29 CFR Parts 4022 and 4044) Parks will improve the health, safety, and Affairs. received on June 7, 2007; to the Committee economic development: Therefore, be it EC–2216. A communication from the Gen- on Health, Education, Labor, and Pensions. Resolved, That the Legislature of Louisiana eral Counsel, Federal Energy Regulatory EC–2226. A communication from the Direc- memorializes the Congress of the United Commission, transmitting, pursuant to law, tor, Office of Congressional Affairs, Federal States to urge and request the respective ex- the report of a rule entitled ‘‘Standards for Election Commission, transmitting, pursu- ecutive branch departments to take a Business Practices and Communication Pro- ant to law, the Semiannual Report of the proactive role in assisting the communities tocols for Public Utilities’’ (RIN1902–AD31) Commission’s Inspector General for the pe- of New Orleans East in protecting their received on June 7, 2007; to the Committee riod ending March 31, 2007; to the Committee health and safety and in promoting economic on Energy and Natural Resources. on Homeland Security and Governmental Af- development; Therefore, be it further EC–2217. A communication from the Chief fairs. Resolved, That the Legislature of Louisiana of the Publications and Regulations Branch, f does hereby request the Congress of the United States and the appropriate federal , Department of the PETITIONS AND MEMORIALS Treasury, transmitting, pursuant to law, the agencies, in coordination with appropriate report of a rule entitled ‘‘Qualifying Gasifi- The following petitions and memo- Louisiana state agencies, to immediately cation Project Program’’ (Notice 2007–53) re- rials were laid before the Senate and take the following actions: (a) cease funding ceived on June 7, 2007; to the Committee on any waste disposal activities within the New were referred or ordered to lie on the Orleans Regional Business Park; (b) develop Finance. table as indicated: EC–2218. A communication from the Chief and implement procedures for expeditious of the Publications and Regulations Branch, POM–112. A concurrent resolution adopted environmental sampling, analysis, and re- Internal Revenue Service, Department of the by the Senate of the State of Louisiana urg- porting; (c) resolve the blurring of debris Treasury, transmitting, pursuant to law, the ing Congress to take a proactive role in as- management responsibilities between the report of a rule entitled ‘‘Guidance Under sisting the communities of New Orleans East Federal Emergency Management Agency and Guaranteed Payments’’ (Notice 2007–40) re- in protecting their health and safety and in Environmental Protection Agency, and state ceived on June 7, 2007; to the Committee on promoting economic development; to the environmental and public health agencies; Finance. Committee on Environment and Public (d) review and enhance the Environmental EC–2219. A communication from the Chief Works. Protection Agency’s oversight role of illegal of the Publications and Regulations Branch, SENATE CONCURRENT RESOLUTION NO. 4 and improper debris disposal; and (e) provide guidance and mechanisms for the develop- Internal Revenue Service, Department of the Whereas, the health, safety, welfare, and ment of public/private partnerships in restor- Treasury, transmitting, pursuant to law, the economic recovery of the residents and busi- ing and redeveloping the New Orleans Re- report of a rule entitled ‘‘Qualifying Ad- nesses of New Orleans East are dependent gional Business Park and the New Orleans vanced Coal Project Program’’ (Notice 2007– upon the continued assistance and encour- East community; be it further 52) received on June 7, 2007; to the Com- agement from our federal partners; and Resolved, That a copy of this Resolution mittee on Finance. Whereas, the Legislature of Louisiana cre- shall be transmitted to the secretary of the EC–2220. A communication from the Assist- ated the New Orleans Regional Business United States Senate and the clerk of the ant Secretary, Office of Legislative Affairs, Park as a special municipal district for the United States House of Representatives and Department of State, transmitting, pursuant primary purpose of engaging industrial, to each member of the Louisiana delegation to law, the certification of a proposed license manufacturing, processing, assembling, dis- to the United States Congress. for the export of technical data, defense serv- tribution, and wholesale businesses; and ices, and defense articles to support the sale Whereas, as of early May 2006, approxi- POM–113. A resolution adopted by the of the Sensor Fused Weapon to the United mately forty companies out of one hundred House of Representatives of the State of Ha- Arab Emirates; to the Committee on Foreign four pre-Katrina were back in business and waii urging Congress to create a replacement Relations. the future of the others is largely uncertain; for the outdated Fast Track Trade Authority EC–2221. A communication from the Assist- and system so United States trade agreements ant Secretary, Office of Legislative Affairs, Whereas, New Orleans East has become the are developed and implemented using a more Department of State, transmitting, pursuant illegal burial grounds for homes and busi- democratic, inclusive mechanism that en- to law, the certification of a proposed license nesses washed out by hurricanes Katrina and shrines the principles of federalism and state for the export of technical data, defense serv- Rita; and sovereignty; to the Committee on Finance. ices, and defense articles necessary to sup- Whereas, illegal dumping makes it ex- port the Royal Australian Air Force’s Hornet tremely hard to attract businesses to New HOUSE RESOLUTION NO. 63 Upgrade Program; to the Committee on For- Orleans East and to the business park; and Whereas, in general, democratic account- eign Relations. Whereas, in the business park alone there able governance in the states, and specifi- EC–2222. A communication from the Assist- are twenty-three known illegal dumping cally, the authority granted to the legisla- ant Secretary, Office of Legislative Affairs, sites and thirteen illegal automobile dump- tive branch by the Constitution of the State Department of State, transmitting, pursuant ing sites; and of Hawaii, is being undermined by inter- to law, the certification of a proposed manu- Whereas, the U.S. Environmental Protec- national commercial and trade rules en- facturing license agreement for the transfer tion Agency awarded the business park forced by the World Trade Organization and of technical data, assistance and manufac- $400,000 in grants to catalogue contamina- established by the North American Free turing know-how to Japan for the manufac- tion, but none of the federal funds will be Trade Agreement, and is further threatened ture of the AN/APX–72 Identification Friend used for clean-up; and by similar provisions in an array of pending or Foe Transponder; to the Committee on Whereas, the Louisiana Department of En- trade agreements; and Foreign Relations. vironmental Quality Enforcement Division, Whereas, today’s trade agreements have ef- EC–2223. A communication from the Assist- Surveillance Division and Criminal Inves- fects that extend significantly beyond the ant Secretary, Office of Legislative Affairs, tigations Section of the Legal Affairs Divi- bounds of traditional trade matters such as Department of State, transmitting, pursuant sion have inspected over one hundred sev- tariffs and quotas; and

VerDate Mar 15 2010 21:51 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JN7.REC S11JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 11, 2007 CONGRESSIONAL RECORD — SENATE S7451 Whereas, the North American Free Trade legislation that is presented to Congress to S. 1586. A bill to authorize the Secretary of Agreement and other United States free conform hundreds of United States laws to the Interior to provide assistance in imple- trade agreements grant foreign firms new trade agreement obligations and to incor- menting cultural heritage, conservation, and rights and privileges regarding acquisition of porate the actual trade agreement itself into recreational activities in the Connecticut land and facilities and operating within a United States federal law, which preempts River watershed of the States of New Hamp- state that exceed those granted to American state law; and shire and Vermont; to the Committee on En- businesses under state and federal laws; and Whereas, Fast Track Trade Authority is ergy and Natural Resources. Whereas, the North American Free Trade not necessary for negotiating trade agree- By Ms. SNOWE (for herself, Mr. CAR- Agreement already has generated ‘‘regu- ments, as demonstrated by the existence of PER, Mr. ISAKSON, Mr. KERRY, Mr. latory takings’’ cases against state and local scores of trade agreements, including major OBAMA, Mr. LIEBERMAN, Mrs. LIN- land use decisions, state environmental and pacts such as the agreements administered COLN, and Mr. BAYH): public health policies, adverse state court by the World Trade Organization imple- S. 1587. A bill to amend the Internal Rev- rulings, and state and local contracts that mented in the past thirty years without use enue Code to allow a special depreciation al- would not have been possible in United of Fast Track Trade Authority; and lowance for reuse and recycling property and States courts; and Whereas, Fast Track Trade Authority, to provide for tax-exempt financing of recy- Whereas, when states are bound to comply which was established in 1974 by President cling equipment, and for other purposes; to with government procurement provisions Richard Nixon when trade agreements were the Committee on Finance. contained in trade agreements, common eco- limited to traditional matters such as tariffs By Ms. LANDRIEU (for herself, Mr. nomic development and environmental poli- and quotas, is now woefully outdated and in- COLEMAN, Ms. SNOWE, Mr. BAYH, Ms. cies such as buy-local laws, prevailing wage appropriate given the diverse range of STABENOW, Mr. LUGAR, and Mr. COCH- laws, policies to prevent offshoring of state nontrade issues now included in ‘‘trade’’ RAN): jobs, as well as recycled content laws could agreements that broadly affect federal and S. 1588. A bill to amend the Public Health be subject to challenge as violating the obli- state nontrade regulatory authority; and Service Act, the Employee Retirement In- gations in the trade agreements; and Whereas, the current grant of Fast Track come Security Act of 1974, and the Internal Whereas, recent trade agreements curtail Trade Authority expires in July 2007: Now, Revenue Code of 1986 to require that group state regulatory authority by placing con- therefore, be it and individual health insurance coverage and Resolved by the House of Representatives of straints on future policy options; and group health plans provide coverage for the Twenty-fourth Legislature of the State of Whereas, the World Trade Organization treatment of a minor child’s congenital or Hawaii, Regular Session of 2007, That the General Agreement on Trade in Services developmental deformity or disorder due to United States Congress is respectfully re- could undermine state efforts to expand trauma, infection, tumor, or disease; to the quested to create a replacement for the out- health care coverage and rein in health care Committee on Health, Education, Labor, and dated Fast Track Trade Authority system so costs and places constraints on state and Pensions. that United States trade agreements are de- local land use planning and gambling policy; By Mr. BINGAMAN (for himself, Mr. veloped and implemented using a more and KERRY, Mr. AKAKA, Mr. SALAZAR, Mr. Whereas, new General Agreement on Trade democratic, inclusive mechanism that en- shrines the principles of federalism and state WHITEHOUSE, and Ms. MIKULSKI): in Services negotiations could impose addi- S. 1589. A bill to amend title XIX of the So- tional constraints on state regulation of en- sovereignty; and be it further Resolved, That the Congress is requested to cial Security Act to reduce the costs of pre- ergy, higher education, professional licens- include in this new process for developing scription drugs for enrollees of Medicaid ing, and other issues; and and implementing trade agreements an ex- managed care organizations by extending the Whereas, despite the indisputable fact that plicit mechanism for ensuring the prior in- discounts offered under fee-for-service Med- international trade agreements have a far- formed consent of state legislatures before icaid to such organizations; to the Com- reaching impact on state and local laws, fed- states are bound to the nontariff terms of mittee on Finance. eral government trade negotiators have any trade agreement that affect state regu- By Mr. BYRD (for himself and Mr. failed to respect states’ rights to prior in- latory authority so as to ensure that the ROCKEFELLER): formed consent before binding states to con- United States Trade Representative respects S. 1590. A bill to provide for the reinstate- form state law and authority to trade agree- the decisions made by states; and be it fur- ment of a license for a certain Federal En- ment requirements and have refused even to ther ergy Regulatory Commission project; to the send copies of key correspondence to state Resolved, That certified copies of this Reso- Committee on Energy and Natural Re- legislatures; and lution be transmitted to the President of the sources. Whereas, the current encroachment on United States, Ambassador Susan Schwab, f state regulatory authority by international United States Trade Representative, the commercial and trade agreements has oc- President of the United States Senate, the SUBMISSION OF CONCURRENT AND curred due in no small part to the fact that Speaker of the United States House of Rep- SENATE RESOLUTIONS United States trade policy is being formu- resentatives, and the members of Hawaii’s The following concurrent resolutions lated and implemented under the Fast Track congressional delegation. Trade Authority procedure; and and Senate resolutions were read, and Whereas, Fast Track Trade Authority f referred (or acted upon), as indicated: eliminates vital checks and balances estab- REPORTS OF COMMITTEES By Mr. ISAKSON: lished in the United States Constitution by S. Res. 230. A resolution designating the broadly delegating Congress’ exclusive Con- The following reports of committees month of July 2007, as ‘‘National Teen Safe stitutional authority to set the terms of were submitted: Driver Month’’; to the Committee on the Ju- trade to the Executive Branch such that the By Mr. LIEBERMAN, from the Committee diciary. Executive Branch is empowered to negotiate on Homeland Security and Governmental Af- f broad-ranging trade agreements and to sign fairs, without amendment: them before Congress votes on the agree- S. 457. A bill to extend the date on which ADDITIONAL COSPONSORS ments; and the National Security Personnel System will S. 185 Whereas, the ability of the Executive first apply to certain defense laboratories At the request of Mr. LEAHY, the Branch to sign trade agreements prior to (Rept . No. 110–79). name of the Senator from New Mexico Congress’ vote of approval means Executive f Branch negotiators are able to ignore con- (Mr. BINGAMAN) was added as a cospon- gressional negotiating objectives or states’ INTRODUCTION OF BILLS AND sor of S. 185, a bill to restore habeas demands, and neither Congress nor the JOINT RESOLUTIONS corpus for those detained by the United states have any means to enforce any deci- The following bills and joint resolu- States. sion regarding what provisions must be con- tions were introduced, read the first S. 242 tained in every United States trade agree- At the request of Mr. DORGAN, the ment and what provisions may not be in- and second times by unanimous con- cluded in any United States trade agree- sent, and referred as indicated: name of the Senator from South Da- ment; and By Mr. INHOFE (for himself and Mr. kota (Mr. THUNE) was added as a co- Whereas, federal trade negotiators have ig- COBURN): sponsor of S. 242, a bill to amend the nored and disrespected states’ demands re- S. 1585. A bill to designate the Department Federal Food, Drug, and Cosmetic Act garding whether states agree to be bound to of Veterans Affairs Outpatient Clinic in with respect to the importation of pre- certain nontariff trade agreement provi- Tulsa, Oklahoma, as the ‘‘Ernest Childers scription drugs, and for other purposes. sions; and Department of Veterans Affairs Outpatient S. 311 Whereas, Fast Track Trade Authority also Clinic’’; to the Committee on Veterans’ Af- circumvents normal Congressional review fairs. At the request of Ms. LANDRIEU, the and amendment committee procedures, lim- By Mr. LEAHY (for himself, Mr. name of the Senator from Rhode Island its debate to twenty hours total, and forbids SUNUNU, Mr. GREGG, and Mr. SAND- (Mr. WHITEHOUSE) was added as a co- any floor amendments to the implementing ERS): sponsor of S. 311, a bill to amend the

VerDate Mar 15 2010 21:51 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JN7.REC S11JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7452 CONGRESSIONAL RECORD — SENATE June 11, 2007 Horse Protection Act to prohibit the medicare outpatient rehabilitation the treatment of Individual Develop- shipping, transporting, moving, deliv- therapy caps. ment Accounts, and for other purposes. ering, receiving, possessing, pur- S. 469 S. 881 chasing, selling, or donation of horses At the request of Mr. BAUCUS, the At the request of Mrs. LINCOLN, the and other equines to be slaughtered for name of the Senator from Colorado names of the Senator from Georgia human consumption, and for other pur- (Mr. ALLARD) was added as a cosponsor (Mr. ISAKSON), the Senator from Michi- poses. of S. 469, a bill to amend the Internal gan (Mr. LEVIN) and the Senator from S. 339 Revenue Code of 1986 to make perma- North Carolina (Mrs. DOLE) were added At the request of Mr. BAYH, the name nent the special rule for contributions as cosponsors of S. 881, a bill to amend of the Senator from New Jersey (Mr. of qualified conservation contribu- the Internal Revenue Code of 1986 to LAUTENBERG) was added as a cosponsor tions. extend and modify the railroad track of S. 339, a bill to promote the national S. 543 maintenance credit. At the request of Mr. SMITH, the security and stability of the United At the request of Mr. NELSON of Ne- States economy by reducing the de- braska, the names of the Senator from name of the Senator from Maine (Ms. COLLINS) was added as a cosponsor of S. pendence of the United States on oil Hawaii (Mr. INOUYE) and the Senator 881, supra. through the use of alternative fuels from New Mexico (Mr. BINGAMAN) were and new technology, and for other pur- added as cosponsors of S. 543, a bill to S. 897 poses. improve Medicare beneficiary access by At the request of Ms. MIKULSKI, the S. 376 extending the 60 percent compliance name of the Senator from New Jersey At the request of Mr. LEAHY, the threshold used to determine whether a (Mr. LAUTENBERG) was added as a co- name of the Senator from Oregon (Mr. hospital or unit of a hospital is an in- sponsor of S. 897, a bill to amend the SMITH) was added as a cosponsor of S. patient rehabilitation facility under Internal Revenue Code of 1986 to pro- 376, a bill to amend title 18, United the Medicare program. vide more help to Alzheimer’s disease caregivers. States Code, to improve the provisions S. 584 S. 898 relating to the carrying of concealed At the request of Mrs. LINCOLN, the At the request of Ms. MIKULSKI, the weapons by law enforcement officers, name of the Senator from Arkansas name of the Senator from New Jersey and for other purposes. (Mr. PRYOR) was added as a cosponsor (Mr. LAUTENBERG) was added as a co- S. 384 of S. 584, a bill to amend the Internal sponsor of S. 898, a bill to amend the At the request of Ms. LANDRIEU, the Revenue Code of 1986 to modify the re- Public Health Service Act to fund name of the Senator from Arkansas habilitation credit and the low-income breakthroughs in Alzheimer’s disease (Mrs. LINCOLN) was added as a cospon- housing credit. research while providing more help to sor of S. 384, a bill to provide pay pro- S. 642 tection for members of the Reserve and caregivers and increasing public edu- At the request of Mr. DURBIN, the cation about prevention. the National Guard, and for other pur- name of the Senator from New York S. 969 poses. (Mrs. CLINTON) was added as a cospon- At the request of Mr. DODD, the name S. 397 sor of S. 642, a bill to codify Executive of the Senator from Vermont (Mr. At the request of Mr. MARTINEZ, the Order 12898, relating to environmental SANDERS) was added as a cosponsor of name of the Senator from South Da- justice, to require the Administrator of S. 969, a bill to amend the National kota (Mr. THUNE) was added as a co- the Environmental Protection Agency Labor Relations Act to modify the defi- sponsor of S. 397, a bill to amend the to fully implement the recommenda- nition of supervisor. Internal Revenue Code of 1986 to allow tions of the Inspector General of the S. 970 individuals a refundable credit against Agency and the Comptroller General of At the request of Mr. SMITH, the income tax for the purchase of private the United States, and for other pur- name of the Senator from South Da- health insurance, and for other pur- poses. poses. kota (Mr. JOHNSON) was added as a co- S. 667 sponsor of S. 970, a bill to impose sanc- S. 399 At the request of Mr. BOND, the name tions on Iran and on other countries for At the request of Mr. BUNNING, the of the Senator from Michigan (Ms. assisting Iran in developing a nuclear names of the Senator from Arkansas STABENOW) was added as a cosponsor of program, and for other purposes. (Mr. PRYOR) and the Senator from S. 667, a bill to expand programs of S. 991 (Mr. CRAPO) were added as co- early childhood home visitation that At the request of Mr. DURBIN, the sponsors of S. 399, a bill to amend title increase school readiness, child abuse name of the Senator from South Da- XIX of the Social Security Act to in- and neglect prevention, and early iden- kota (Mr. JOHNSON) was added as a co- clude podiatrists as physicians for pur- tification of developmental and health sponsor of S. 991, a bill to establish the poses of covering physicians services delays, including potential mental Senator Study Abroad under the Medicaid program. health concerns, and for other pur- Foundation under the authorities of S. 402 poses. the Mutual Educational and Cultural At the request of Mrs. LINCOLN, the S. 774 Exchange Act of 1961. name of the Senator from Oregon (Mr. At the request of Mr. DURBIN, the S. 1003 WYDEN) was added as a cosponsor of S. name of the Senator from California At the request of Ms. STABENOW, the 402, a bill to amend the Internal Rev- (Mrs. BOXER) was added as a cosponsor name of the Senator from South Da- enue Code of 1986 to allow a deduction of S. 774, a bill to amend the Illegal Im- kota (Mr. JOHNSON) was added as a co- for qualified timber gains. migration Reform and Immigrant Re- sponsor of S. 1003, a bill to amend title S. 406 sponsibility Act of 1996 to permit XVIII of the Social Security Act to im- At the request of Mrs. HUTCHISON, the States to determine State residency for prove access to emergency medical name of the Senator from Wisconsin higher education purposes and to au- services and the quality and efficiency (Mr. FEINGOLD) was added as a cospon- thorize the cancellation of removal and of care furnished in emergency depart- sor of S. 406, a bill to ensure local gov- adjustment of status of certain alien ments of hospitals and critical access ernments have the flexibility needed to students who are long-term United hospitals by establishing a bipartisan enhance decision-making regarding States residents and who entered the commission to examine factors that af- certain mass transit projects. United States as children, and for fect the effective delivery of such serv- S. 450 other purposes. ices, by providing for additional pay- At the request of Mrs. LINCOLN, the S. 871 ments for certain physician services name of the Senator from Maryland At the request of Mr. LIEBERMAN, the furnished in such emergency depart- (Ms. MIKULSKI) was added as a cospon- name of the Senator from Ohio (Mr. ments, and by establishing a Centers sor of S. 450, a bill to amend title XVIII BROWN) was added as a cosponsor of S. for Medicare & Medicaid Services of the Social Security Act to repeal the 871, a bill to establish and provide for Working Group, and for other purposes.

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S. 1033 S. 1257 S. 1363 At the request of Mr. LIEBERMAN, the At the request of Mr. LIEBERMAN, the At the request of Mrs. CLINTON, the name of the Senator from New Hamp- name of the Senator from Michigan names of the Senator from Nebraska shire (Mr. SUNUNU) was added as a co- (Mr. LEVIN) was added as a cosponsor of (Mr. HAGEL) and the Senator from sponsor of S. 1033, a bill to assist in the S. 1257, a bill to provide the District of Pennsylvania (Mr. CASEY) were added conservation of rare felids and rare Columbia a voting seat and the State as cosponsors of S. 1363, a bill to im- canids by supporting and providing fi- of Utah an additional seat in the House prove health care for severely injured nancial resources for the conservation of Representatives. members and former members of the programs of nations within the range S. 1267 Armed Forces, and for other purposes. of rare felid and rare canid populations At the request of Mr. LUGAR, the S. 1373 and projects of persons with dem- name of the Senator from South Da- At the request of Mr. PRYOR, the onstrated expertise in the conservation kota (Mr. JOHNSON) was added as a co- names of the Senator from New Mexico of rare felid and rare canid populations. sponsor of S. 1267, a bill to maintain (Mr. BINGAMAN) and the Senator from S. 1064 the free flow of information to the pub- South Dakota (Mr. JOHNSON) were At the request of Mrs. CLINTON, the lic by providing conditions for the fed- added as cosponsors of S. 1373, a bill to name of the Senator from Pennsyl- erally compelled disclosure of informa- provide grants and loan guarantees for vania (Mr. CASEY) was added as a co- tion by certain persons connected with the development and construction of sponsor of S. 1064, a bill to provide for the news media. science parks to promote the clus- the improvement of the physical eval- S. 1301 tering of innovation through high tech- uation processes applicable to members nology activities. At the request of Mr. DEMINT, the of the Armed Forces, and for other pur- name of the Senator from Utah (Mr. S. 1382 poses. At the request of Mr. REID, the HATCH) was added as a cosponsor of S. S. 1117 1301, a bill to preserve and protect the names of the Senator from South Da- At the request of Mr. BOND, the name free choice of individual employees to kota (Mr. JOHNSON) and the Senator of the Senator from Nebraska (Mr. form, join, or assist labor organiza- from Minnesota (Ms. KLOBUCHAR) were NELSON) was added as a cosponsor of S. tions, or to refrain from such activi- added as cosponsors of S. 1382, a bill to 1117, a bill to establish a grant program ties. amend the Public Health Service Act to provide vision care to children, and to provide the establishment of an S. 1307 for other purposes. Amyotrophic Lateral Sclerosis Reg- At the request of Mr. COLEMAN, the S. 1224 istry. name of the Senator from Oklahoma At the request of Mr. ROCKEFELLER, S. 1398 (Mr. COBURN) was added as a cosponsor the name of the Senator from Wash- At the request of Mr. REID, the name of S. 1307, a bill to include Medicare ington (Ms. CANTWELL) was added as a of the Senator from Connecticut (Mr. provider payments in the Federal Pay- cosponsor of S. 1224, a bill to amend LIEBERMAN) was added as a cosponsor ment Levy Program, to require the De- title XXI of the Social Security Act to of S. 1398, a bill to expand the research partment of Health and Human Serv- reauthorize the State Children’s Health and prevention activities of the Na- ices to offset Medicare provider pay- Insurance Program, and for other pur- tional Institute of Diabetes and Diges- ments by the amount of the provider’s poses. tive and Kidney Diseases, and the Cen- delinquent Federal debt, and for other ters for Disease Control and Prevention S. 1226 purposes. At the request of Mr. BAYH, the name with respect to inflammatory bowel S. 1310 of the Senator from Kentucky (Mr. disease. At the request of Mr. SCHUMER, the BUNNING) was added as a cosponsor of S. 1409 S. 1226, a bill to amend title XIX of the name of the Senator from Connecticut At the request of Mrs. CLINTON, the Social Security Act to establish pro- (Mr. LIEBERMAN) was added as a co- name of the Senator from Massachu- grams to improve the quality, perform- sponsor of S. 1310, a bill to amend title setts (Mr. KENNEDY) was added as a co- ance, and delivery of pediatric care. XVIII of the Social Security Act to sponsor of S. 1409, a bill to provide and provide for an extension of increased S. 1242 enhance education, housing, and entre- payments for ground ambulance serv- At the request of Mr. TESTER, the preneur assistance for veterans who ices under the Medicare program. name of the Senator from Montana serve in the Armed Forces after Sep- S. 1334 (Mr. BAUCUS) was added as a cosponsor tember 11, 2001, and for other purposes. of S. 1242, a bill to amend the Federal At the request of Mr. DODD, the name S. 1410 Crop Insurance Act and Farm Security of the Senator from South Dakota (Mr. At the request of Mr. COLEMAN, the and Rural Investment Act of 2002 to es- JOHNSON) was added as a cosponsor of name of the Senator from Wisconsin tablish a biofuel pilot program to offer S. 1334, a bill to amend section 2306 of (Mr. KOHL) was added as a cosponsor of crop insurance to producers of experi- title 38, United States Code, to make S. 1410, a bill to amend the Internal mental biofuel crops and a program to permanent authority to furnish gov- Revenue Code of 1986 to allow a credit make loans and loan guarantees to pro- ernment headstones and markers for against income tax for the purchase of ducers of experimental biofuel crops. graves of veterans at private ceme- hearing aids. S. 1243 teries, and for other purposes. S. 1416 At the request of Mr. KERRY, the S. 1338 At the request of Mrs. LINCOLN, the names of the Senator from Arkansas At the request of Mr. ROCKEFELLER, name of the Senator from Indiana (Mr. (Mrs. LINCOLN) and the Senator from the name of the Senator from South BAYH) was added as a cosponsor of S. South Dakota (Mr. JOHNSON) were Dakota (Mr. JOHNSON) was added as a 1416, a bill to amend the Internal Rev- added as cosponsors of S. 1243, a bill to cosponsor of S. 1338, a bill to amend enue Code of 1986 to make permanent amend title 10, United States Code, to title XVIII of the Social Security Act the deduction for mortgage insurance reduce the age for receipt of military to provide for a two-year moratorium premiums. retired pay for nonregular service from on certain Medicare physician payment S. 1418 60 years of age to 55 years of age. reductions for imaging services. At the request of Mr. DODD, the name S. 1249 S. 1356 of the Senator from South Dakota (Mr. At the request of Mrs. FEINSTEIN, the At the request of Mr. BROWN, the JOHNSON) was added as a cosponsor of name of the Senator from New York name of the Senator from North Da- S. 1418, a bill to provide assistance to (Mrs. CLINTON) was added as a cospon- kota (Mr. DORGAN) was added as a co- improve the health of newborns, chil- sor of S. 1249, a bill to require the sponsor of S. 1356, a bill to amend the dren, and mothers in developing coun- President to close the Department of Federal Deposit Insurance Act to es- tries, and for other purposes. Defense detention facility at Guanta- tablish industrial bank holding com- S. 1487 namo Bay, Cuba, and for other pur- pany regulation, and for other pur- At the request of Mrs. FEINSTEIN, the poses. poses. name of the Senator from California

VerDate Mar 15 2010 21:51 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JN7.REC S11JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7454 CONGRESSIONAL RECORD — SENATE June 11, 2007 (Mrs. BOXER) was added as a cosponsor ing on the Government of the People’s Medal of Honor. He continued his ca- of S. 1487, a bill to amend the Help Republic of China to use its unique in- reer in the Army earning several other America Vote Act of 2002 to require an fluence and economic leverage to stop military awards including the Combat individual, durable, voter-verified genocide and violence in Darfur, Infantry Badge, Europe and Africa paper record under title III of such Act, Sudan. Campaign Medals, The Purple Heart, and for other purposes. S. RES. 215 The Bronze Star, and the Oklahoma S. 1502 At the request of Mr. ALLARD, the Distinguished Service Cross. He retired At the request of Mr. CONRAD, the name of the Senator from New York from the Army in August of 1965 as a name of the Senator from Iowa (Mr. (Mr. SCHUMER) was added as a cospon- lieutenant colonel in Oklahoma’s 45th GRASSLEY) was added as a cosponsor of sor of S. Res. 215, a resolution desig- Infantry Division. S. 1502, a bill to amend the Food Secu- nating September 25, 2007, as ‘‘National Ernest Childers passed away on rity Act of 1985 to encourage owners First Responder Appreciation Day’’. March 17, 2005, and was Oklahoma’s last Congressional Medal of Honor win- and operators of privately-held farm, S. RES. 224 ner still living in the State. He was an ranch, and forest land to voluntarily At the request of Mrs. FEINSTEIN, the honored guest of many Presidential in- make their land available for access by name of the Senator from Hawaii (Mr. augurations and as a Creek Indian, was the public under programs adminis- AKAKA) was added as a cosponsor of S. named Oklahoma’s Most Outstanding tered by States and tribal govern- Res. 224, a resolution expressing the Indian by the Tulsa Chapter of the ments. sense of the Senate regarding the Council of American Indians in 1966. He S. 1514 Israeli-Palestinian peace process. once said ‘‘The American Indian has At the request of Mr. DODD, the AMENDMENT NO. 1415 only one country to defend, and when names of the Senator from New Mexico At the request of Mrs. HUTCHISON, the you’re picked on, the American Indian (Mr. DOMENICI) and the Senator from name of the Senator from Nevada (Mr. never turns his back.’’ I am proud and Iowa (Mr. HARKIN) were added as co- ENSIGN) was withdrawn as a cosponsor believe it is only appropriate to intro- sponsors of S. 1514, a bill to revise and of amendment No. 1415 proposed to S. duce once again this year a bill to re- extend provisions under the Garrett 1348, a bill to provide for comprehen- name the Department of Veterans Af- Lee Smith Memorial Act. sive immigration reform and for other fairs’ Outpatient Clinic in Tulsa, Okla- S. 1523 purposes. homa, the Ernest Childers Department At the request of Mrs. BOXER, the f of Veterans Affairs Outpatient Clinic names of the Senator from Virginia STATEMENTS ON INTRODUCED to honor the enduring legacy of a true (Mr. WARNER), the Senator from Ken- BILLS AND JOINT RESOLUTIONS hero and fine soldier. I ask unanimous tucky (Mr. MCCONNELL) and the Sen- consent that the text of the bill be By Mr. INHOFE (for himself and ator from Connecticut (Mr. LIEBERMAN) printed in the RECORD. were added as cosponsors of S. 1523, a Mr. COBURN): There being no objection, the text of bill to amend the Clean Air Act to re- S. 1585. A bill to designate the De- the bill was ordered to be printed in duce emissions of carbon dioxide from partment of Veterans Affairs Out- the RECORD, as follows: the Capitol power plant. patient Clinic in Tulsa, Oklahoma, as S. 1585 the ‘‘Ernest Childers Department of S. 1557 Be it enacted by the Senate and House of Rep- At the request of Mr. DODD, the Veterans Affairs Outpatient Clinic’’; to resentatives of the United States of America in names of the Senator from Washington the Committee on Veterans’ Affairs. Congress assembled, (Mrs. MURRAY) and the Senator from Mr. INHOFE. Mr. President, I rise SECTION 1. DESIGNATION OF ERNEST CHILDERS South Dakota (Mr. JOHNSON) were today for myself and on the behalf of DEPARTMENT OF VETERANS AF- my colleague, Dr. COBURN, to reintro- FAIRS OUTPATIENT CLINIC. added as cosponsors of S. 1557, a bill to (a) DESIGNATION.—The Department of Vet- amend part B of title IV of the Elemen- duce a bill to honor the memory of an American hero and proud son from our erans Affairs Outpatient Clinic in Tulsa, tary and Secondary Education Act of Oklahoma, shall be known and designated as 1965 to improve 21st Century Commu- great State of Oklahoma. Ernest Chil- the ‘‘Ernest Childers Department of Vet- nity Learning Centers. ders was the first Native American to erans Affairs Outpatient Clinic’’. receive the Congressional Medal of (b) REFERENCES.—Any reference in any S. CON. RES. 3 Honor. This is our Nation’s highest law, regulation, map, document, record, or At the request of Mr. SALAZAR, the military award and it was awarded to other paper of the United States to the out- names of the Senator from Pennsyl- him by Congress ‘‘for conspicuous gal- patient clinic referred to in subsection (a) vania (Mr. CASEY) and the Senator lantry and intrepidity at risk of life shall be considered to be a reference to the from Connecticut (Mr. LIEBERMAN) ‘‘Ernest Childers Department of Veterans Af- above and beyond the call of duty in fairs Outpatient Clinic’’. were added as cosponsors of S. Con. action.’’ Res. 3, a concurrent resolution express- Ernest Childers was born in Broken By Mr. BINGAMAN (for himself, ing the sense of Congress that it is the Arrow, Oklahoma, on February 1, 1918 goal of the United States that, not Mr. KERRY, Mr. AKAKA, Mr. as the third of five children. His father SALAZAR, Mr. WHITEHOUSE, and later than January 1, 2025, the agricul- died when he was young and he grew up tural, forestry, and working land of the Ms. MIKULSKI): mostly on a farm. His hunting skills in S. 1589. A bill to amend title XIX of United States should provide from re- his youth provided much of the food for the Social Security Act to reduce the newable resources not less than 25 per- his family and formed the basis of a costs of prescription drugs for enrollees cent of the total energy consumed in great military career. of Medicaid managed care organiza- the United States and continue to Ernest Childers enlisted in the Okla- tions by extending the discounts of- produce safe, abundant, and affordable homa National Guard in 1937 while at- fered under fee-for-service Medicaid to food, feed, and fiber. tending the Chilocco Indian School in such organizations; to the Committee S. RES. 201 north-central Oklahoma. He then went on Finance. At the request of Mr. CHAMBLISS, the to Fort Sill in Lawton, Oklahoma, for Mr. BINGAMAN. Mr. President, I rise name of the Senator from Rhode Island basic training before being deployed to today to with Senators KERRY, AKAKA, (Mr. WHITEHOUSE) was added as a co- Africa in World War II. On September SALAZAR and WHITEHOUSE to introduce sponsor of S. Res. 201, a resolution sup- 22, 1943, despite a broken instep that the Drug Rebate Equalization Act of porting the goals and ideals of ‘‘Na- forced him to crawl, Second Lieutenant 2007. tional Life Insurance Awareness Childers advanced against enemy ma- As you know, the Medicaid drug re- Month’’. chine gun nests in Oliveto, Italy, kill- bate ensures that State Medicaid pro- S. RES. 203 ing two snipers and capturing an grams receive the best price for pre- At the request of Mr. MENENDEZ, the enemy mortar observer in the process. scription drugs for their beneficiaries. name of the Senator from South Da- His actions were instrumental in help- Unfortunately, health plans that serve kota (Mr. JOHNSON) was added as a co- ing the Americans win the Battle of over 10 million Medicaid beneficiaries sponsor of S. Res. 203, a resolution call- Oliveto and won him the Congressional cannot access the same discounts

VerDate Mar 15 2010 21:51 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JN7.REC S11JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 11, 2007 CONGRESSIONAL RECORD — SENATE S7455 through the Federal drug rebate pro- I ask unanimous consent that the ‘‘(B) subject to discounts under section gram. Plans typically get no rebate on text of the bill and letters of support be 340B of the Public Health Service Act.’’. (c) EFFECTIVE DATE.—The amendments generic drugs and about a third of the printed in the RECORD. rebate on brand drugs as States re- There being no objection, the mate- made by this section take effect on the date of enactment of this Act and apply to rebate ceive. Therefore, States are paying rial was ordered to be printed in the agreements entered into or renewed under more for the acquisition of prescription RECORD, as follows: section 1927 of the Social Security Act (42 drugs for these health plan enrollees S. 1589 U.S.C. 1396r–8) on or after such date. than for beneficiaries in fee-for-service Be it enacted by the Senate and House of Rep- Medicaid, raising costs for Federal and resentatives of the United States of America in CONTROLLING PHARMACEUTICAL COSTS State governments. Congress assembled, THROUGH GREATER EFFICIENCIES AND BET- TER ADMINISTRATION OF THE DRUG REBATE Even with this price disadvantage, SECTION 1. SHORT TITLE. PROGRAM the total cost of prescription drugs for This Act may be cited as the ‘‘Drug Rebate health plans is less on a per member Equalization Act of 2007’’. BACKGROUND per month basis because of health SEC. 2. EXTENSION OF PRESCRIPTION DRUG DIS- Medicaid fee-for-service and managed care plans’ greater use of generics and case COUNTS TO ENROLLEES OF MED- spent an estimated $36.8 billion in FY 2003 on management. Unfortunately, many ICAID MANAGED CARE ORGANIZA- pharmaceuticals. Prescription drugs are one States are considering carving pre- TIONS. of the fastest growing categories of Medicaid scription drugs out from health plans (a) IN GENERAL.—Section 1903(m)(2)(A) (42 expenditures, having quadrupled between U.S.C. 1396b(m)(2)(A)) is amended— for the sole purpose of obtaining the re- 1992 and 2003. Between 2000 and 2003, spending (1) in clause (xi), by striking ‘‘and’’ at the on drugs increased by 17 percent per year, bate, thereby undermining plans’ abil- end; faster than any other major type of Medicaid ity to maintain a comprehensive care (2) in clause (xii), by striking the period at service. In 1998, less than 8 percent of Med- and disease management program that the end and inserting ‘‘; and’’; and icaid expenditures were for drugs—by 2003 includes prescription drugs. Not only (3) by adding at the end the following: drugs claimed over 13 percent. After 2006 will this legislation save money, it will ‘‘(xiii) such contract provides that (I) pay- drugs for Medicare beneficiaries will be paid eliminate this incentive and ensure ment for covered outpatient drugs dispensed for by Medicare. These recipients currently that health plans can maintain a com- to individuals eligible for medical assistance account for about half of all Medicaid drug prehensive care coordination system who are enrolled with the entity shall be spending. State Medicaid programs will still subject to the same rebate required by the be responsible for the drug costs of children for their patients. agreement entered into under section 1927 as This policy change was passed by the and families and other non-Medicare eligi- the State is subject to and that the State bles. Senate during last year’s debate over shall allow the entity to collect such rebates Drugs are paid for by Medicaid through 3 the Deficit Reduction Act. This year’s from manufacturers, and (II) capitation rates separate mechanisms. First, the state pays version of the bill improves on last paid to the entity shall be based on actual the pharmacists for the ingredient costs of year’s bill in several important ways. cost experience related to rebates and sub- the drug. Previously, most states paid phar- First, the bill ensures that health plans ject to the Federal regulations requiring ac- macists based on the average wholesale price can continue their good work by using tuarially sound rates.’’. (AWP) less some percentage. AWP is the av- their own integrated care coordination (b) CONFORMING AMENDMENTS.—Section erage list price that a manufacturer suggests and disease management protocols. 1927 (42 U.S.C. 1396r–8) is amended— wholesalers charge pharmacies. Federal re- (1) in subsection (d)— imbursements to states for state spending on Second, the bill will maintain the fee- (A) in paragraph (1), by adding at the end certain outpatient prescription drugs are for-service prohibition against health the following: subject to ceilings called federal upper limits plans ‘‘double dipping’’ into the Med- ‘‘(C) Notwithstanding the subparagraphs (FULs), also known as the maximum allow- icaid drug rebate and the 340b discount (A) and (B)— able cost (MAC). The effect of the FUL is to drug pricing program. Finally, it will ‘‘(i) a medicaid managed care organization provide a financial incentive to pharmacies ensure that plans can use so-called with a contract under section 1903(m) may to substitute lower-cost ‘‘generic’’ equiva- positive formularies while simulta- exclude or otherwise restrict coverage of a lents for brand-name drugs. The Deficit Re- neously ensuring that enrollees will covered outpatient drug on the basis of poli- duction Act (DRA) expanded the impact of cies or practices of the organization, such as have access to off-formulary drugs FULs by applying them to multiple source those affecting utilization management, for- drugs for which the FDA has rated at least 1 through the regulated prior authoriza- mulary adherence, and cost sharing or dis- other drug (instead of the previous 2) to be tion process. These changes signifi- pute resolution, in lieu of any State policies therapeutically and pharmaceutically equiv- cantly improve the bill and will help or practices relating to the exclusion or re- alent. The DRA also changed the FUL for- improve its chances of passage. striction of coverage of such drugs; and mula from a percentage of the AWP to a per- This policy enjoys widespread sup- ‘‘(ii) nothing in this section or paragraph centage of the Average Manufacturer Price port. Extending the Medicaid drug re- (2)(A)(xiii) of section 1903(m) shall be con- (AMP), which is the average price paid to a bate to enrollees in health plans is sup- strued as requiring a medicaid managed care manufacturer by wholesalers. For those ported by the National Governors Asso- organization with a contract under such sec- drugs, the FUL would be equal to 250 percent ciation, the National Association of tion to maintain the same such polices and of the AMP. The result of the AWP-to-AMP practices as those established by the State State Medicaid Directors, the National change is to make Medicaid pharmaceutical for purposes of individuals who receive med- payments closer to actual cost. The DRA Medicaid Commission, the National As- ical assistance for covered outpatient drugs also expanded the required reporting of AMP sociation of Community Health Cen- on a fee-for service basis.’’; and and best price data, allowing states to have ters, the Partnership for Medicaid, the (B) in paragraph (4), by inserting after sub- access to reported AMP data for the first Association for Community Affiliated paragraph (E) the following: time, and requiring HHS to make AMP data Plans, and the Medicaid Health Plans ‘‘(F) Notwithstanding the preceding sub- available to the public. of America. I am entering into the paragraphs of this paragraph, any formulary Second, the states pay the pharmacists a record copies of letters provided by established by medicaid managed care orga- dispensing fee which typically ranges from $3 these organizations over the last few nization with a contract under section to $5 per prescription. This fee is expected to 1903(m) may be based on positive inclusion of cover a wide range of services associated years memorializing their support for drugs selected by a formulary committee with dispensing drugs to Medicaid patients. this concept. consisting of physicians, pharmacists, and The need to adequately reimburse phar- Last year, the Congressional Budget other individuals with appropriate clinical macists for these services was recognized by Office estimated that the Bingaman experience as long as drugs excluded from Congress under the Medicare Modernization amendment would have saved Federal the formulary are available through prior Act of 2003, which included a provision re- taxpayers $1.7 billion over 5 years. authorization, as described in paragraph quiring Medicare Part D drug plans to reim- Likewise, the CMS Office of the Actu- (5).’’; and burse pharmacists for ‘‘medication therapy ary estimated that extending the drug (2) in subsection (j), by striking paragraph management services’’ administered to pa- rebate to health plans would save Fed- (1) and inserting the following: tients with multiple chronic conditions. eral taxpayers $2.2 billion over 5 years. ‘‘(1) Covered outpatients drugs are not sub- Third, states receive a rebate directly from ject to the requirements of this section if the manufacturers based on their utilization. I think that we can say that this policy such drugs are— The brand name rebate is the greater of a will provide significant savings to ‘‘(A) dispensed by a health maintenance or- flat rebate amount of 15.1 percent of average Americans, whatever the number. ganization other than a medicaid managed manufacturers price (AMP) or the difference I urge my colleagues to join me in care organization with a contract under sec- between AMP and the best price offered to supporting this legislation. tion 1903(m); and any nongovernmental buyer. Manufacturers

VerDate Mar 15 2010 21:51 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JN7.REC S11JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7456 CONGRESSIONAL RECORD — SENATE June 11, 2007 have to pay an additional rebate if their drug oversight over the program and increasing rebate program that requires pharma- prices have risen faster than the rate of gen- manufacturer accountability over proper ceutical manufacturers to provide a rebate eral inflation. The DRA also made limited calculation of rebates, Medicaid would reap to participating state Medicaid agencies. In changes to the Medicaid drug rebate pro- the full benefits of the Medicaid drug rebate return, states must cover all prescription gram. In addition, some states have entered program. drugs manufactured by a company that par- into supplemental rebate agreements with Increase the basic level of rebate. CBO has ticipates in the rebate program. At the time manufacturers in return for putting their estimated that setting the basic rebate level of this legislation, only a small percentage drugs on a preferred drug list. CBO estimates at 23 percent would result in savings of $3.2 of Medicaid beneficiaries were enrolled in that the average rebate received by the billion over 5 years. Available information capitated managed care plans and were pri- states equaled 31.4 percent of AMP with the supports setting the rebate at a higher level marily served by plans that also had com- average basic rebate of 19.6 percent and the than it is at today. mercial lines of business. These plans re- inflation adjustment rebate equal to 11.7 per- Payment for pharmacist services should be quested to be excluded from the drug rebate cent. States also receive a rebate on generic realigned to reflect true costs, including program as it was assumed that they would drugs of 11 percent of AMP. In return for the medication therapy management services. be able to secure a better rebate on their rebates, states must provide access to all With the Congress having addressed the issue own. Though regulations have not yet been FDA-approved drugs, although they may and of pharmaceutical acquisition prices, now is promulgated, federal interpretation to date do have extensive prior authorization pro- the appropriate time to adjust reimburse- has excluded Medicaid managed care organi- grams, step therapy, limited prescriptions ment for pharmacists’ services to reflect zations from participating in the federal re- per month and co-payments. their increased role in managing medication- bate program. Medicaid managed care plans do not re- based therapies, counseling patients, and Today, the situation is quite different. 58% ceive the statutory rebate levels, and instead providing other critical pharmacy services of all Medicaid beneficiaries are enrolled in must negotiate rebates on their own. to Medicaid patients. some type of managed care delivery system, ISSUES TO CONSIDER Encourage evidence-based formularies many in capitated health plans. Some man- aged care plans, especially Medicaid-domi- Administration of the rebate program is where appropriate. Development of nated plans that make up a growing percent- inadequate. The Government Accountability formularies should provide access to nec- age of the Medicaid marketplace, are looking Office has found significant shortcomings in essary treatments, and encourage and sup- port benefit management best practices that at the feasibility of gaining access to the the Centers for Medicare and Medicaid Serv- Medicaid pharmacy rebate. However, a num- ices’ (CMS) administration of the Medicaid are proven in widespread use today. Effec- tiveness, not cost, should be the main objec- ber of commercial plans remain content to drug rebate program, including lack of clear negotiate their own pharmacy rates and are guidance to manufacturers for determining tive when developing formularies. The goal is for plans to provide high-quality, cost-ef- not interested in pursuing the Medicaid re- AMP, poor reporting of certain group pur- bate. chase prices in setting ‘‘best price’’ levels, fective drug benefits by using effective drug Policy Statement and limited audits of manufacturer price set- utilization management techniques. Al- ting methods. Moreover, the Health and though effectiveness data do not exist for all The National Association of State Med- Human Services (HHS) Office of the Inspec- classes of medications, and are not appro- icaid Directors is supportive of Medicaid tor General (OIG) recently found that CMS’s priate for certain populations, well-designed managed care organizations (MCOs), in their failure to add qualified new drugs to the Fed- evidence-based formularies that take into capacity as an agent of the state, being able eral upper limit list had resulted in state account comparative effectiveness data have to participate fully in the federal Medicaid Medicaid programs paying more than they the potential to provide access to high qual- rebate program. To do so, the MCO must ad- otherwise would have for these drugs. ity, cost-effective medications. here to all of the federal rebate rules set Changes to the rebate program in the DRA Allow Medicaid managed care plans to forth in OBRA ’90 and follow essentially the are minimal and are not expected to have a have access to the drug rebate for non-340B same ingredient cost payment methodology major effect on it. drugs. All Medicaid beneficiaries should have used by the state. The state will have the Reimbursement is not reflective of the their drug costs reduced to the maximum ex- ability to make a downward adjustment in true costs of drugs and pharmacy services. tent possible, either by the Medicaid rebate the MCO’s capitation rate based on the as- The DRA-driven changes in pharmaceutical or by the 340B program. While recognizing sumption that the MCO will collect the full acquisition prices, by moving to an AMP- that managed care plans should have access rebate instead of the state. Finally, if a based system, may result in some system to the Medicaid drug rebate, it is also impor- pharmacy benefit manager (PBM) is under savings, though how much is not clear. How- tant to be mindful of the need to protect contract with an MCO to administer the ever, the dispensing fee is also considered by 340B-covered entities from the risk of cre- Medicaid pharmacy benefit for them, then many to be inadequate for reimbursing phar- ating a ‘‘duplicate discount’’ due to the over- the same principal shall apply, but in no way should both the MCO and the PBM be al- macists for the range of services they pro- lap of the rebate and the 340B program. lowed to claim the rebate.—Approved by vide. These services may include managing Extend the 340B drug discount to Inpatient Pharmaceuticals. The Safety Net Inpatient NASMD June 24, 2002 inventory, counseling patients on proper We oppose the Senate provision that pro- medication use, and complying with federal Drug Affordability Act (S. l840/H.R. 3547) would require that 340B hospitals and Crit- vides for mandatory dispensing fee guide- and state regulations in addition to storing, lines. States welcome more research in dis- warehousing, and dispensing the drug. With- ical Access Hospitals rebate Medicaid a sig- nificant portion of their 340B savings on in- pensing fees throughout the US health care out an adequate dispensing fee, some phar- system. Currently, there is very little infor- macies may elect not to participate in Med- patient drugs administered to Medicaid pa- tients. In addition, to the extent that any mation for states to use when considering icaid rather than assume financial loss. appropriate dispensing fees. New reference Exemption for managed care plans ineffi- Critical Access Hospitals operate outpatient information would be helpful; but mandatory cient. Over 10 million Medicaid beneficiaries pharmacies, they would be required to pass through to Medicaid their 340B savings for guidelines should not be imposed on states. receive their drugs through Medicaid man- The effective date for any dispensing fee aged care plans which do not have access to Medicaid patients. These savings to Medicaid also accrue to taxpayers by reducing costs provisions should be the date 6 months after the Medicaid drug rebate. Under the drug re- the close of the first regular state legislative for federal, state and local governments. The bate, States receive between 18 and 20 per- session. A state may need extra time to im- proposal allows health care providers to cent discounts on brand name drug prices plement a pharmacy reimbursement system stretch limited resources as they care for and between 10 and 11 percent for generic to determine appropriate dispensing fees and America’s neediest populations. The Public drug prices. According to a recent study, make changes to separate out the dispensing Hospital Pharmacy Coalition (PHPC) esti- Medicaid-focused managed care organiza- fee from the reimbursement in their sys- mates that the Safety Net Inpatient Drug tions (MCOs) typically only receive about a tems. 6 percent discount on brand name drugs and Affordability Act (S. 1840/H.R. 3547) would Governors should maintain flexibility to no discount on generics. Because many MCOs provide significant savings to the Medicaid establish dispensing fees to maintain access (particularly smaller Medicaid-focused program and lower costs for taxpayer-sup- to both pharmacies that may provide spe- MCOs) do not have the capacity to negotiate ported safety net institutions that care for cialty services as well as those that serve deeper discounts with drug companies, Med- low-income and uninsured patients. PHPC beneficiaries in rural and underserved areas. icaid is overpaying for prescription drugs for estimates that this legislation would reduce Limiting such pharmacies by arbitrary fed- enrollees in Medicaid health plans. The Con- Medicaid costs by over $100 million per year. eral statutory definitions or regulation will gressional Budget Office (CBO) recently esti- not help states to manage their pharmacy mated that this change would save $2 billion AMERICAN PUBLIC HUMAN SERVICES ASSOCIA- programs. New federal mandates on how to over 5 years. TION, NATIONAL ASSOCIATION OF STATE consider dispensing fees for such pharmacists MEDICAID DIRECTORS POTENTIAL SOLUTIONS are unnecessary and burdensome. Tighten administration of the rebate pro- POLICY STATEMENT: MCO ACCESS TO THE Preferred Drug List Restriction: NGA opposes gram. Inconsistent and inaccurate calcula- MEDICAID PHARMACY REBATE PROGRAM House provision tions of AMP, best price, and other compo- Background The House provision (SEC.3105) that would nents of the rebate formula have cost Med- The Omnibus Budget Reconciliation Act of limit states’ current ability to include men- icaid millions of dollars. By improving CMS 1990 (OBRA ’90) established a Medicaid drug tal health drugs on a state’s preferred drug

VerDate Mar 15 2010 21:51 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JN7.REC S11JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 11, 2007 CONGRESSIONAL RECORD — SENATE S7457 list should be dropped from the final bill. on Medicaid spending without throwing peo- the Social Security Act. We support this ef- This provision would be very costly—far be- ple off the rolls, or cutting benefits or pay- fort and urge Congress to enact this common yond the $120 million estimated by the Con- ment rates, Your proposal offers just such a sense provision. gressional Budget Office—and would under- common-sense solution, one that we would Medicaid Health Plans of America, formed mine states current ability to use common- be pleased to support in the event that the in 1993 and incorporated in 1995, is a trade as- sense tools that are used throughout the Congress acts to constrain costs without un- sociation representing health plans and health care system to manage expensive dermining the fundamental goals of the pro- other entities participating in Medicaid mental health drugs. For example, Texas es- gram. managed care throughout the country. It’s timates the provisions federal impact from Sincerely, primary focus is to provide research, advo- its state would be a cost of $50 million over DANIEL R. HAWKINS, Jr., cacy, analysis, and organized forums that five years and California alone estimates $250 Vice President for Federal, State, support the development of effective policy million cost to the federal government over and Public Affairs. solutions to promote and enhance the deliv- the five year budget window. ery of quality healthcare. The Association Tiered Co Pays for Prescription Drugs: NGA ASSOCIATION FOR COMMUNITY initially coalesced around the issue of na- supports House provision with modification AFFILIATED PLANS, tional health care reform, and as the policy Washington, DC, June 5, 2007. The House provision that would allow debate changed from national health care re- HON. JEFF BINGAMAN, states to use tiered co-pays to encourage use form to national managed care reform, the Hart Senate Office Building, of more affordable drugs should be main- areas of focus shifted to the changes in Med- Washington, DC. tained in the final package; however, the icaid managed care. DEAR SENATOR BINGAMAN: On behalf of the Your proposal to allow Medicaid managed provision that limits this flexibility and oth- Association of Community Affiliated Plans care organizations access to the Medicaid erwise links Medicaid program administra- (ACAP), our 32 member health plans, and drug rebate makes sense given the migration tion to TRICARE-approved formularies over four million Americans they serve, I am of Medicaid beneficiaries from fee-for-service should be dropped. writing to express our gratitude and support to managed care since 1990. Increasingly, Rebates: NGA supports some Senate provisions, for your legislation to extend the benefits of states have not been able to take advantage one with modification the Medicaid drug rebate to the Medicaid of the drug rebate for those enrollees in man- The Senate provision that would increase beneficiaries enrolled in Medicaid health aged care, thus driving up federal and state minimum rebates on brand name drugs plans. Medicaid costs. The savings estimated in the should be maintained in the final bill. Created by the Omnibus Budget Reconcili- Lewin Group study are significant and may The Senate provision that extends rebates ation Act (OBRA) of 1990, the Medicaid Drug help to mitigate the needs for other cuts in to managed care organizations that care for Rebate Program requires a drug manufac- the program. In addition, it demonstrates a Medicaid beneficiaries should be maintained turer to have a rebate agreement with the proactive effort to offer solutions to improv- in the final bill. Secretary of the Department of Health and ing the Medicaid program. We applaud this Regarding the requirement in both the Human Services for States to receive federal effort. House and Senate bill for states to collect re- funding for outpatient drugs dispensed to MHPOA is proud to support this legislative bates on physician administered drugs, the Medicaid patients. At the time the law was proposal and will endorse any legislation in provision in the House bill that provides for enacted, managed care organizations were Congress to enact this proposal. a hardship waiver for those states that re- excluded from access to the drug rebate pro- Sincerely, quire additional time to implement the re- gram. In 1990, only 2.8 million people were THOMAS JOHNSON, porting system required to collect these re- enrolled in Medicaid managed care and so Executive Director. bates should be maintained in the final bill. the savings lost by the exemption were rel- atively small. Today, 18 million people are THE MEDICAID COMMISSION NATIONAL ASSOCIATION OF enrolled in capitated managed care plans. (Report to the Honorable Secretary Michael COMMUNITY Pharmacy costs in Medicaid Fee-for-Service O. Leavitt, Department of Health and HEALTH CENTERS, INC., settings are 18 percent higher on a per-mem- Human Services and The United States Washington, DC, August 18, 2005. ber-per-month basis than in the managed Congress September 1, 2005) MARGARET A. MURRAY, care setting even though plans are at a dis- Proposal Executive Director, Association for Community advantage with respect to the federal rebate. Affiliated Plans, Washington, DC. With the federal rebate as an additional tool, The Commission recommends allowing DEAR MS. MURRAY. The National Associa- plans could save the Medicaid program even states to establish pharmaceutical prices tion of Community Health Centers (NACHC), more. based on the Average Manufacturer Price the national trade organization representing Extending the Medicaid drug rebate to (AMP) rather than the published Average America’s 1,100 federally qualified health Medicaid health plans has been championed Wholesale Price (AWP). Additionally, re- centers, has reviewed your proposed initia- by ACAP for several years as a common forms should be implemented to ensure that tive to provide Medicaid managed care orga- sense approach to reforming the Medicaid manufacturers are appropriately reporting nizations with access to the Medicaid drug program, while ensuring that all Medicaid data. Such improvements should include re- rebate found in Section 1927 of the Social Se- beneficiaries receive the care they need. The forms to ensure: (1) clear guidance from CMS curity Act. proposal to extend the drug rebate has been on manufacturer price determination meth- ACAP and NACHC share a very special re- endorsed by the National Governors Associa- ods and the definition of AMP; (2) manufac- lationship. Many of ACAP’s member plans tion, the National Association of State Med- turer-reported prices are easily auditable so are owned and governed by community icaid Directors, the National Medicaid Com- that systematic oversight of the price deter- health center representatives. This unique mission, the Medicaid Health Plans of Amer- mination can be done by HHS; (3) manufac- relationship often creates a mutual policy ica, the Partnership for Medicaid, and the turer-reported prices and rebates are pro- interest and this proposal is an example of National Association of Community Health vided to states monthly rather than the cur- such an intersection. Centers. The Congressional Budget Office rent quarterly reporting; and (4) new pen- Your proposal to allow Medicaid managed and the CMS Actuary have said that this alties are implemented to discourage manu- care organizations access to the Medicaid policy will save between $1.7 billion and $2.2 facturers from reporting inaccurate pricing drug rebate makes sense given the migration billion in Federal tax dollars over 5 years. information. of Medicaid beneficiaries from fee-for-service Again, thank you for your leadership to Estimated savings to managed care since 1990. Increasingly, help modernize the Medicaid program in a $4.3 Billion over 5 years (CMS Office of the states have not been able to take advantage commonsense manner by extending the sav- Actuary) of the drug rebate for those enrollees in man- ings of the drug rebate to Medicaid health EXTENSION OF THE MEDICAID DRUG REBATE aged care, thus driving up federal and state plans. Please do not hesitate to contact me PROGRAM TO MEDICAID MANAGED CARE Medicaid costs. The savings estimated in the if I can be of any further assistance. Lewin Group study are significant and may Sincerely, Current law help to mitigate the needs for other cuts in MARGARET A. MURRAY, Section 1927 of the Social Security Act, ef- the program. In addition, it demonstrates a Executive Director. fective January 1, 1991 sets forth the require- proactive effort to offer solutions to improv- ments of the Medicaid Drug Rebate Program. ing the Medicaid program. We applaud this MEDICAID HEALTH PLANS OF AMERICA, In order for Federal Medicaid matching effort. Washington, DC, April 7, 2005. funds to be available to States for covered While we are deeply concerned that Con- Margaret A. Murray, outpatient drugs of a manufacturer, the gress may engage in budget-driven, rather Executive Director, Association for Community manufacturer must enter into and have in ef- than policy-driven, efforts to restrain or re- Affiliated Plans, Washington, DC. fect a rebate agreement with the Federal duce Medicaid spending, we also recognize DEAR MS. MURRAY: The Medicaid Health government. Without an agreement in place, that—as providers to a substantial portion of Plans of America (MHPOA) supports your States cannot generally receive Federal the Medicaid-enrolled population—we have a proposed initiative to provide Medicaid man- funding for outpatient drugs dispensed to responsibility to put forth viable, realistic aged care organizations with access to the Medicaid recipients. Rebate amounts re- alternatives that can help slow the growth Medicaid drug rebate found in Section 1927 of ceived by states are considered a reduction

VerDate Mar 15 2010 21:51 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JN7.REC S11JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7458 CONGRESSIONAL RECORD — SENATE June 11, 2007 in the amount expended by States for med- lines. States welcome more research in dis- ROCKEFELLER, and I have joined to- ical assistance for purposes of Federal pensing fees throughout the U.S. health care gether today to introduce legislation matching funds under the Medicaid program. system. Currently, there is very little infor- that would allow for the construction The basic rebate for brand name drugs is mation for states to use when considering of a hydroelectric facility near the the the greater of 15.1 percent of the Average appropriate dispensing fees. New reference Manufacturer Price (AMP) or AMP minus information would be helpful; but mandatory City of Grafton, located in north cen- Best Price (BP). Best Price is the lowest guidelines should not be imposed on states. tral West Virginia. A companion meas- price at which the manufacturer sells the The effective date for any dispensing fee ure is being introduced in the U.S.I covered outpatient drug to any purchaser, provisions should be the date 6 months after House of Representatives by Congress- with certain statutory exceptions, in the the close of the first regular state legislative man ALAN MOLLOHAN. The proposed United States in any pricing structure, in session. A state may need extra time to im- hydro facility, to be constructed on an the same quarter for which the AMP is com- plement a pharmacy reimbursement system existing dam, would supply power to puted. to determine appropriate dispensing fees and The rebate for generic drugs is 11 percent Grafton and surrounding area while make changes to separate out the dispensing also providing a significant economic of AMP. fee from the reimbursement in their sys- Under current law Medicaid states cannot tems. benefit to the city. collect rebates from managed care organiza- Governors should maintain flexibility to Our legislation, which was passed by tions in the Medicaid Drug Rebate Program. establish dispensing fees to maintain access the Senate late last year but did not Proposal to both pharmacies that may provide spe- clear the House of Representatives be- The Commission recommends providing cialty services as well as those that serve fore the end of the session, would rein- Medicaid managed care health plans access beneficiaries in rural and underserved areas. state a license from the Federal Energy to the existing pharmaceutical manufacturer Limiting such pharmacies by arbitrary fed- Regulatory Commission, FERC, for a rebate program currently available to other eral statutory definitions or regulation will new hydroelectric facility on the Medicaid health plans. States should have not help states to manage their pharmacy the option of collecting these rebates di- programs. New federal mandates on how to Tygart Valley River. The City of Graf- rectly or allowing plans to access them in consider dispensing fees for such pharmacists ton has been considering the hydro- exchange for lower capitation payments. are unnecessary and burdensome. electric facility for many years, and Estimated savings Preferred drug list restriction first received a license for the project $2 Billion over 5 years (CMS Office of the NGA opposes House provision in 1989. However, that license lapsed in Actuary) 1999 without the city making progress The House provision (Sec. 3105) that would CHANGE THE START DATE OF PENALTY PERIOD limit states’ current ability to include men- on the effort. The Byrd-Rockefeller- FOR PERSONS TRANSFERRING ASSETS FOR tal health drugs on a state’s preferred drug Mollohan measure would reinstate the MEDICAID ELIGIBILITY list should be dropped from the final bill. license and allow Grafton to move Current law This provision would be very costly—far be- ahead with the 20-megawatt hydro- States determine financial eligibility for yond the $120 million estimated by the Con- electric facility. Medicaid coverage of nursing home care gressional Budget Office—and would under- The City of Grafton is working with using a combination of state and federal mine states current ability to use common- a private contractor to develop the statutes and regulations. Personal income sense tools that are used throughout the hydro project. With a new FERC li- and assets must be below specified levels be- health care system to manage expensive cense, the contractor believes that the fore eligibility can be established. Personal mental health drugs. For example, Texas es- resources are sorted into two categories: timates the provisions federal impact from project could be in operation as early those considered countable (those that must its state would be a cost of $50 million over as 2008. It is expected that the new hy- be spent down before eligibility criteria is 5-years and California alone estimates $250 droelectric facility would generate met) and those considered non-countable million cost to the federal government over about $300,000 in annual revenues for (those that applicants can keep and still the 5-year budget window. Grafton, while creating 200 construc- meet the eligibility criteria such as real es- Tiered Co-pays for prescription drugs tion jobs in the process. tate that is the beneficiary’s primary resi- In 1938, the Tygart dam became the dence). Some assets held in trust, annuities, NGA supports House provision with modifica- and promissory notes are also not counted. If tion first flood control project to be com- it is determined that the applicant has ex- The House provision that would allow pleted in the District of the cess countable assets, these must spent be- states to use tiered co-pays to encourage use Army Corps of Engineers under the fore they can become eligible. Personal in- of more affordable drugs should be main- Rivers and Harbors Act of 1935. It re- come is applied to the cost of care after a tained in the final package; however, the mains one of the most expensive and personal needs allowance and a community provision that limits this flexibility and oth- extensive construction projects in the spouse allowance is deducted. erwise links Medicaid program administra- history of West Virginia. I recognize Federal law requires states to review the tion to TRICARE-approved formularies that the hydroelectric project has been assets of Medicaid applicants for a period of should be dropped. delayed numerous times, but the Con- 36 months prior to application or 60 months Rebates if a trust is involved. This period is known as gressional Budget Office found that im- NGA supports some Senate provisions, one the ‘‘look back period.’’ Financial eligibility plementing the project will pose zero with modification screeners look for transfers from personal as- negative impact to the Federal budget. sets made during the look back period that The Senate provision that would increase In fact, it will generate roughly $200,000 appear to have been made for the purpose of minimum rebates on brand name drugs in annual licensing fees for the U.S. obtaining Medicaid eligibility. Transfers should be maintained in the final bill. The Senate provision that extends rebates Treasury. Approval of our legislation made before the look back period are not re- will yield a return on this previous sig- viewed. to managed care organizations that care for Applicants are prohibited from transfer- Medicaid beneficiaries should be maintained nificant investment by the American ring resources during the look back period in the final bill. taxpayer by leveraging new value out for less than fair market value. Some trans- Regarding the requirement in both the of old infrastructure. fers of resources are allowed, such as trans- House and Senate bill for states to collect re- Clean, hydroelectric power genera- fers between spouses. If a state eligibility bates on physician administered drugs, the tion from an expensive dam previously screener finds a non-allowed transfer, cur- provision in the House bill that provides for used only for flood control, at no cost rent law (OBRA 1993) requires the state to a hardship waiver for those states that re- quire additional time to implement the re- to the Federal Government, is the type impose a ‘‘penalty period’’ during which of cost-effective, progressive action Medicaid will not pay for long-term care. porting system required to collect these re- The length of the penalty period is cal- bates should be maintained in the final bill. that we should facilitate and applaud culated by dividing the amount transferred at every chance. It is the right thing to by the monthly private pay rate of nursing By Mr. BYRD (for himself and do for the communities and public util- homes in the state. The penalty period starts Mr. ROCKEFELLER): ities in the rural Appalachian counties from the date of the transfer. Using the date S. 1590. A bill to provide for the where the existing dam and lake are lo- of the transfer as the start date provides an reintatement of a license for a certain cated. It is the right thing to do for the opportunity for applicants to preserve assets Federal Energy Regulatory Commis- West Virginians all along the Tygart because some or all of the penalty period sion project; to the Committee on En- and Monongahela Rivers. And it is the may occur while the applicant was not pay- ing privately for long-term care. ergy and Natural Resources. right thing to do for the taxpaying citi- We oppose the Senate provision that pro- Mr. BYRD. Mr. President, my col- zens of this Nation. I respectfully re- vides for mandatory dispensing fee guide- league from West Virginia, Senator quest that my colleagues support our

VerDate Mar 15 2010 21:51 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JN7.REC S11JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 11, 2007 CONGRESSIONAL RECORD — SENATE S7459 legislation, the bill that makes these bill H.R. 6, supra; which was ordered to lie on paragraph (2), each Federal agency shall positive results possible. the table. carry out— SA 1504. Mr. CARDIN submitted an amend- ‘‘(A) commissioning; f ment intended to be proposed by him to the ‘‘(B) operations, maintenance, and repair; bill H.R. 6, supra; which was ordered to lie on SUBMITTED RESOLUTIONS and the table. ‘‘(C) measurement and verification of en- f ergy and water savings. ‘‘(4) GUIDELINES.— SENATE RESOLUTION 230—DESIG- TEXT OF AMENDMENTS ‘‘(A) IN GENERAL.—The Secretary shall NATING THE MONTH OF JULY SA 1500. Mr. PRYOR submitted an issue guidelines and necessary criteria that 2007, AS ‘‘NATIONAL TEEN SAFE amendment intended to be proposed by each Federal agency shall follow for imple- DRIVER MONTH’’ him to the bill H.R. 6, to reduce our mentation of— Nation’s dependency on foreign oil by ‘‘(i) paragraph (1) not later than 90 days Mr. ISAKSON submitted the fol- after the date of enactment of this sub- lowing resolution; which was referred investing in clean, renewable, and al- section; and to the Committee on the Judiciary: ternative energy resources, promoting ‘‘(ii) paragraphs (2) and (3) not later than new emerging energy technologies, de- S. RES. 230 180 days after the date of enactment of this veloping greater efficiency, and cre- subsection. Whereas automobile accidents involving ating a Strategic Energy Efficiency ‘‘(B) RELATIONSHIP TO FUNDING SOURCE.— teenage drivers result in the highest cause of and Renewables Reserve to invest in al- The guidelines issued by the Secretary under death and injury for adolescents between the subparagraph (A) shall be appropriate and ages of 15 and 20 years; ternative energy, and for other pur- poses; which was ordered to lie on the uniform for measures funded with each type Whereas, each year, 7,460 teenage drivers of funding made available under paragraph between the ages of 15 and 20 years are in- table; as follows: (8). volved in fatal crashes, and 1,700,000 teenage On page 152, strike line 24 and insert the ‘‘(5) WEB-BASED CERTIFICATION.— drivers are involved in accidents that are re- following: ‘‘(A) IN GENERAL.—For each building and ported to law enforcement officers; ‘‘under subsection (a)(1). other facility that meets the criteria estab- Whereas driver education and training re- ‘‘(g) USE OF ENERGY AND WATER EFFICIENCY lished by the Secretary under paragraph (1), sources have diminished in communities MEASURES IN FEDERAL BUILDINGS.— each Federal agency shall use a web-based throughout the United States, leaving fami- ‘‘(1) ENERGY AND WATER EVALUATIONS.—Not tracking system to certify compliance with lies underserved and lacking in opportunities later than 1 year after the date of enactment the requirements for— for educating the teenage drivers of those of this subsection, and every 3 years there- ‘‘(i) energy and water evaluations under families; after, each Federal agency shall complete a paragraph (1); Whereas, in addition to costs relating to comprehensive energy and water evaluation ‘‘(ii) implementation of identified energy the long-term care of teenage drivers se- for— and water measures under paragraph (2); and verely injured in automobile accidents, auto- ‘‘(A) each building and other facility of the ‘‘(iii) follow-up on implemented measures mobile accidents involving teenage drivers Federal agency that is larger than a min- under paragraph (3). cost the United States more than imum size established by the Secretary; and ‘‘(B) DEPLOYMENT.—Not later than 1 year $40,000,000,000 in lost productivity and other ‘‘(B) any other building or other facility of after the date of enactment of this sub- forms of economic loss; the Federal agency that meets any other cri- section, the Secretary shall deploy the web- Whereas technology advances have in- teria established by the Secretary. based tracking system required under this creased the opportunity of the United States ‘‘(2) IMPLEMENTATION OF IDENTIFIED ENERGY paragraph in a manner that tracks, at a min- to provide more effective training and re- AND WATER EFFICIENCY MEASURES.— imum— search to novice teenage drivers; and ‘‘(A) IN GENERAL.—Not later than 2 years ‘‘(i) the covered buildings and other facili- Whereas the families of victims of acci- after the date of enactment of this sub- ties; dents involving teenage drivers are working section, and every 3 years thereafter, each ‘‘(ii) the status of evaluations; together to save the lives of other teenage Federal agency— ‘‘(iii) the identified measures, with esti- drivers through volunteer efforts in local ‘‘(i) shall fully implement each energy and mated costs and savings; communities: Now, therefore, be it water-saving measure that the Federal agen- ‘‘(iv) the status of implementing the meas- Resolved, That the Senate— cy identified in the evaluation conducted ures; (1) designates the month of July 2007 as under paragraph (1) that has a 15-year simple ‘‘(v) the measured savings; and ‘‘National Teen Safe Driver Month’’; and payback period; and ‘‘(vi) the persistence of savings. (2) calls upon the members of Federal, ‘‘(ii) may implement any energy or water- ‘‘(C) AVAILABILITY.— State, and local governments and interested saving measure that the Federal agency ‘‘(i) IN GENERAL.—Subject to clause (ii), the organizations— identified in the evaluation conducted under Secretary shall make the web-based tracking (A) to commemorate National Teen Safe paragraph (1) that has longer than a 15-year system required under this paragraph avail- Driver Month with appropriate ceremonies, simple payback period. able to Congress, other Federal agencies, and activities, and programs; and ‘‘(B) PAYBACK PERIOD.— the public through the Internet. (B) to encourage the development of re- ‘‘(i) IN GENERAL.—For the purpose of sub- ‘‘(ii) EXEMPTIONS.—At the request of a Fed- sources to provide affordable, accessible, and paragraph (A), a measure shall be considered eral agency, the Secretary may exempt spe- effective driver training for every teenage to have a 15-year simple payback if the cific data for specific buildings from disclo- driver of the United States. quotient obtained under clause (ii) is less sure under clause (i) for national security than or equal to 15. purposes. f ‘‘(ii) QUOTIENT.—The quotient for a meas- ‘‘(6) BENCHMARKING OF FEDERAL FACILI- AMENDMENTS SUBMITTED AND ure shall be obtained by dividing— TIES.— PROPOSED ‘‘(I) the estimated initial implementation ‘‘(A) IN GENERAL.—Each Federal agency cost of the measure (other than financing shall enter energy use data for each building SA 1500. Mr. PRYOR submitted an amend- costs); by and other facility of the Federal agency into ment intended to be proposed by him to the ‘‘(II) the annual cost savings from the a building energy use benchmarking system, bill H.R. 6, to reduce our Nation’s depend- measure. such as the Energy Star Portfolio Manager. ency on foreign oil by investing in clean, re- ‘‘(C) COST SAVINGS.—For the purpose of ‘‘(B) SYSTEM AND GUIDANCE.—Not later newable, and alternative energy resources, subparagraph (B), cost savings shall include than 1 year after the date of enactment of promoting new emerging energy tech- net savings in estimated— this subsection, the Secretary shall— nologies, developing greater efficiency, and ‘‘(i) energy and water costs; ‘‘(i) select or develop the building energy creating a Strategic Energy Efficiency and ‘‘(ii) operations, maintenance, repair, re- use benchmarking system required under Renewables Reserve to invest in alternative placement, and other direct costs; and this paragraph for each type of building; and energy, and for other purposes; which was or- ‘‘(iii) external environmental, health, secu- ‘‘(ii) issue guidance for use of the system. dered to lie on the table. rity, and other costs based on a cost adder, ‘‘(7) FEDERAL AGENCY SCORECARDS.— SA 1501. Mr. PRYOR submitted an amend- as determined in accordance with the guide- ‘‘(A) IN GENERAL.—The Director of the Of- ment intended to be proposed by him to the lines issued by the Secretary under para- fice of Management and Budget shall issue bill H.R. 6, supra; which was ordered to lie on graph (4). quarterly scorecards for energy management the table. ‘‘(D) EXCEPTIONS.—The Secretary may activities carried out by each Federal agency SA 1502. Mr. REID submitted an amend- modify or make exceptions to the calcula- that includes— ment intended to be proposed by him to the tion of a 15-year simple payback under this ‘‘(i) summaries of the status of— bill H.R. 6, supra; which was ordered to lie on paragraph in the guidelines issued by the ‘‘(I) energy and water evaluations under the table. Secretary under paragraph (4). paragraph (1); SA 1503. Mr. CARDIN submitted an amend- ‘‘(3) FOLLOW-UP ON IMPLEMENTED MEAS- ‘‘(II) implementation of identified energy ment intended to be proposed by him to the URES.—For each measure implemented under and water measures under paragraph (2); and

VerDate Mar 15 2010 21:51 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JN7.REC S11JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7460 CONGRESSIONAL RECORD — SENATE June 11, 2007 ‘‘(III) follow-up on implemented measures calculation of energy savings, and any other Sec. 146. Study of engine durability associ- under paragraph (3); and evaluation of costs and savings needed to im- ated with the use of biodiesel. ‘‘(ii) any other means of measuring per- plement the guarantee of savings under this Sec. 147. Study of incentives for renewable formance that the Director considers appro- section; and fuels. priate. ‘‘(II) in the case of utility energy service Sec. 148. Study of streamlined lifecycle ‘‘(B) AVAILABILITY.—The Director shall contracts, needs that are similar to the pur- analysis tools for the evalua- make the scorecards required under this poses described in subclause (I). tion of renewable carbon con- paragraph available to Congress, other Fed- ‘‘(ii) MODIFICATION OF EXISTING CON- tent of biofuels. eral agencies, and the public through the TRACTS.—Not later than 180 days after the Sec. 149. Study of the adequacy of railroad Internet. date of enactment of this subparagraph, each transportation of domestically- ‘‘(8) FUNDING.— Federal agency shall, to the maximum ex- produced renewable fuel. ‘‘(A) AUTHORIZATION OF APPROPRIATIONS.— tent practicable, modify any indefinite deliv- Sec. 150. Study of effects of ethanol-blended There are authorized to be appropriated such ery and indefinite quantity energy savings gasoline on off road vehicles. sums as are necessary to carry out this sub- performance contracts, and other indefinite TITLE II—ENERGY EFFICIENCY section. delivery and indefinite quantity contracts PROMOTION ‘‘(B) FUNDING OPTIONS.— using private financing, to conform to the Sec. 201. Short title. ‘‘(i) IN GENERAL.—To carry out paragraphs amendments made by the Renewable Fuels, Sec. 202. Definition of Secretary. (1) through (3), a Federal agency may use Consumer Protection, and Energy Efficiency Subtitle A—Promoting Advanced Lighting any combination of— Act of 2007.’’; and Technologies ‘‘(I) appropriated funds made available (2) by striking subsection (c). under subparagraph (A); and Sec. 211. Accelerated procurement of energy ‘‘(II) private financing, including financing SA 1502. Mr. REID submitted an efficient lighting. available through energy savings perform- amendment intended to be proposed by Sec. 212. Incandescent reflector lamp effi- ance contracts or utility energy savings con- him to the bill H.R. 6, to reduce our ciency standards. Sec. 213. Bright Tomorrow Lighting Prizes. tracts. Nation’s dependency on foreign oil by ‘‘(ii) COMBINED FUNDING FOR SAME MEAS- Sec. 214. Sense of Senate concerning effi- investing in clean, renewable, and al- cient lighting standards. URE.—A Federal agency may use any com- ternative energy resources, promoting bination of appropriated funds and private fi- Sec. 215. Renewable energy construction nancing described in clause (i) to carry out new emerging energy technologies, de- grants. the same measure under this subsection, veloping greater efficiency, and cre- Subtitle B—Expediting New Energy with proportional allocation for any energy ating a Strategic Energy Efficiency Efficiency Standards and water savings. and Renewables Reserve to invest in al- Sec. 221. Definition of energy conservation ‘‘(iii) LACK OF APPROPRIATED FUNDS.—Since ternative energy, and for other pur- standard. measures may be carried out using private poses; which was ordered to lie on the Sec. 222. Regional efficiency standards for financing described in clause (i), a lack of table; as follows: heating and cooling products. available appropriations shall not be consid- Sec. 223. Furnace fan rulemaking. Strike all after the enacting clause and in- ered a sufficient reason for the failure of a Sec. 224. Expedited rulemakings. sert the following: Federal agency to comply with paragraphs Sec. 225. Periodic reviews. (1) through (3).’’. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Sec. 226. Energy efficiency labeling for con- (a) SHORT TITLE.—This Act may be cited as sumer products. SA 1501. Mr. PRYOR submitted an the ‘‘Renewable Fuels, Consumer Protection, Sec. 227. Residential boiler efficiency stand- amendment intended to be proposed by and Energy Efficiency Act of 2007’’. ards. him to the bill H.R. 6, to reduce our (b) TABLE OF CONTENTS.—The table of con- Sec. 228. Technical corrections. tents of this Act is as follows: Nation’s dependency on foreign oil by Sec. 229. Electric motor efficiency stand- Sec. 1. Short title; table of contents. ards. investing in clean, renewable, and al- Sec. 2. Relationship to other law. ternative energy resources, promoting Sec. 230. Energy standards for home appli- TITLE I—BIOFUELS FOR ENERGY ances. new emerging energy technologies, de- SECURITY AND TRANSPORTATION Sec. 231. Improved energy efficiency for ap- veloping greater efficiency, and cre- Sec. 101. Short title. pliances and buildings in cold ating a Strategic Energy Efficiency Sec. 102. Definitions. climates. and Renewables Reserve to invest in al- Subtitle A—Renewable Fuel Standard Sec. 232. Deployment of new technologies ternative energy, and for other pur- Sec. 111. Renewable fuel standard. for high-efficiency consumer poses; which was ordered to lie on the Sec. 112. Production of renewable fuel using products. table; as follows: renewable energy. Sec. 233. Industrial efficiency program. Beginning on page 146, strike line 22 and Subtitle B—Renewable Fuels Infrastructure Subtitle C—Promoting High Efficiency Vehi- cles, Advanced Batteries, and Energy Stor- all that follows through page 151, line 14, and Sec. 121. Infrastructure pilot program for re- age insert the following: newable fuels. SEC. 263. ENERGY SAVINGS PERFORMANCE CON- Sec. 122. Bioenergy research and develop- Sec. 241. Lightweight materials research and TRACTS. ment. development. Section 801 of the National Energy Con- Sec. 123. Bioresearch centers for systems bi- Sec. 242. Loan guarantees for fuel-efficient servation Policy Act (42 U.S.C. 8287) is ology program. automobile parts manufactur- amended— Sec. 124. Loan guarantees for renewable fuel ers. (1) in subsection (a)(2)— facilities. Sec. 243. Advanced technology vehicles man- (A) in subparagraph (D), by inserting ‘‘be- Sec. 125. Grants for renewable fuel produc- ufacturing incentive program. ginning on the date of the delivery order’’ tion research and development Sec. 244. Energy storage competitiveness. after ‘‘25 years’’; and in certain States. Sec. 245. Advanced transportation tech- (B) by adding at the end the following: Sec. 126. Grants for infrastructure for trans- nology program. ‘‘(E) PROMOTION OF CONTRACTS.—In car- portation of biomass to local Subtitle D—Setting Energy Efficiency Goals rying out this section, a Federal agency biorefineries. Sec. 251. National goals for energy savings shall not— Sec. 127. Biorefinery information center. ‘‘(i) establish a Federal agency policy that Sec. 128. Alternative fuel database and ma- in transportation. limits the maximum contract term under terials. Sec. 252. National energy efficiency im- subparagraph (D) to a period shorter than 25 Sec. 129. Fuel tank cap labeling require- provement goals. years; or ment. Sec. 253. National media campaign. ‘‘(ii) limit the total amount of obligations Sec. 130. Biodiesel. Sec. 254. Modernization of electricity grid system. under energy savings performance contracts Subtitle C—Studies Subtitle E—Promoting Federal Leadership or other private financing of energy savings Sec. 141. Study of advanced biofuels tech- in Energy Efficiency and Renewable Energy measures. nologies. ‘‘(F) MEASUREMENT AND VERIFICATION RE- Sec. 142. Study of increased consumption of Sec. 261. Federal fleet conservation require- QUIREMENTS FOR PRIVATE FINANCING.— ethanol-blended gasoline with ments. ‘‘(i) IN GENERAL.—The evaluations and sav- higher levels of ethanol. Sec. 262. Federal requirement to purchase ings measurement and verification required Sec. 143. Pipeline feasibility study. electricity generated by renew- under paragraphs (1) and (3) of section 543(f) Sec. 144. Study of optimization of flexible able energy. shall be used by a Federal agency to meet fueled vehicles to use E–85 fuel. Sec. 263. Energy savings performance con- the requirements for— Sec. 145. Study of credits for use of renew- tracts. ‘‘(I) in the case of energy savings perform- able electricity in electric vehi- Sec. 264. Energy management requirements ance contracts, the need for energy audits, cles. for Federal buildings.

VerDate Mar 15 2010 21:51 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0655 E:\2007SENATE\S11JN7.REC S11JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 11, 2007 CONGRESSIONAL RECORD — SENATE S7461 Sec. 265. Combined heat and power and dis- Sec. 452. Federal procurement. SEC. 102. DEFINITIONS. trict energy installations at Sec. 453. Federal green building perform- In this title: Federal sites. ance. (1) ADVANCED BIOFUEL.— Sec. 266. Federal building energy efficiency Sec. 454. Storm water runoff requirements (A) IN GENERAL.—The term ‘‘advanced performance standards. for Federal development biofuel’’ means fuel derived from renewable Sec. 267. Application of International En- projects. biomass other than corn starch. ergy Conservation Code to pub- PART IV—DEMONSTRATION PROJECT (B) INCLUSIONS.—The term ‘‘advanced lic and assisted housing. Sec. 461. Coordination of goals. biofuel’’ includes— Sec. 268. Energy efficient commercial build- Sec. 462. Authorization of appropriations. (i) ethanol derived from cellulose, hemi- ings initiative. cellulose, or lignin; TITLE V—CORPORATE AVERAGE FUEL (ii) ethanol derived from sugar or starch, Subtitle F—Assisting State and Local ECONOMY STANDARDS Governments in Energy Efficiency other than ethanol derived from corn starch; Sec. 501. Short title. (iii) ethanol derived from waste material, Sec. 271. Weatherization assistance for low- Sec. 502. Average fuel economy standards for including crop residue, other vegetative income persons. automobiles and certain other waste material, animal waste, and food Sec. 272. State energy conservation plans. vehicles. waste and yard waste; Sec. 273. Utility energy efficiency programs. Sec. 503. Amending fuel economy standards. Sec. 274. Energy efficiency and demand re- (iv) diesel-equivalent fuel derived from re- Sec. 504. Definitions. newable biomass, including vegetable oil and sponse program assistance. Sec. 505. Ensuring safety of automobiles. Sec. 275. Energy and environmental block animal fat; Sec. 506. Credit trading program. (v) biogas produced through the conversion grant. Sec. 507. Labels for fuel economy and green- Sec. 276. Energy sustainability and effi- of organic matter from renewable biomass; house gas emissions. and ciency grants for institutions of Sec. 508. Continued applicability of existing (vi) butanol or higher alcohols produced higher education. standards. through the conversion of organic matter Sec. 277. Workforce training. Sec. 509. National Academy of Sciences from renewable biomass. Sec. 278. Assistance to States to reduce studies. (2) CELLULOSIC BIOMASS ETHANOL.—The school bus idling. Sec. 510. Standards for Executive agency term ‘‘cellulosic biomass ethanol’’ means TITLE III—CARBON CAPTURE AND STOR- automobiles. ethanol derived from any cellulose, hemi- AGE RESEARCH, DEVELOPMENT, AND Sec. 511. Ensuring availability of flexible cellulose, or lignin that is derived from re- DEMONSTRATION fuel automobiles. Sec. 512. Increasing consumer awareness of newable biomass. Sec. 301. Short title. (3) CONVENTIONAL BIOFUEL.—The term Sec. 302. Carbon capture and storage re- flexible fuel automobiles. Sec. 513. Periodic review of accuracy of fuel ‘‘conventional biofuel’’ means ethanol de- search, development, and dem- rived from corn starch. onstration program. economy labeling procedures. Sec. 514. Tire fuel efficiency consumer infor- (4) RENEWABLE BIOMASS.—The term ‘‘re- Sec. 303. Carbon dioxide storage capacity as- newable biomass’’ means— sessment. mation. Sec. 515. Advanced Battery Initiative. (A) biomass (as defined by section 210 of Sec. 304. Carbon capture and storage initia- the Energy Policy Act of 2005 (42 U.S.C. tive. Sec. 516. Biodiesel standards. Sec. 517. Use of civil penalties for research 15855)) (excluding the bole of old-growth TITLE IV—COST-EFFECTIVE AND ENVI- and development. trees of a forest from the late successional RONMENTALLY SUSTAINABLE PUBLIC Sec. 518. Energy Security Fund and alter- state of forest development) that is har- BUILDINGS native fuel grant program. vested where permitted by law and in accord- Subtitle A—Public Buildings Cost Reduction Sec. 519. Authorization of appropriations. ance with applicable land management plans Sec. 401. Short title. Sec. 520. Application with Clean Air Act. from— Sec. 402. Cost-effective technology accelera- TITLE VI—PRICE GOUGING (i) National Forest System land; or (ii) public lands (as defined in section 103 of tion program. Sec. 601. Short title. Sec. 403. Environmental Protection Agency the Federal Land Policy and Management Sec. 602. Definitions. Act of 1976 (43 U.S.C. 1702)); or demonstration grant program Sec. 603. Prohibition on price gouging dur- (B) any organic matter that is available on for local governments. ing energy emergencies. a renewable or recurring basis from non-Fed- Sec. 404. Definitions. Sec. 604. Prohibition on market manipula- eral land or from land belonging to an Indian Subtitle B—Installation of Photovoltaic Sys- tion. tribe, or an Indian individual, that is held in tem at Department of Energy Head- Sec. 605. Prohibition on false information. trust by the United States or subject to a re- quarters Building Sec. 606. Presidential declaration of energy striction against alienation imposed by the Sec. 411. Installation of photovoltaic system emergency. Sec. 607. Enforcement by the Federal Trade United States, including— at Department of Energy head- (i) renewable plant material, including— quarters building. Commission. Sec. 608. Enforcement by State Attorneys (I) feed grains; Subtitle C—High-Performance Green General. (II) other agricultural commodities; Buildings Sec. 609. Penalties. (III) other plants and trees; and Sec. 421. Short title. Sec. 610. Effect on other laws. (IV) algae; and (ii) waste material, including— Sec. 422. Findings and purposes. TITLE VII—ENERGY DIPLOMACY AND (I) crop residue; Sec. 423. Definitions. SECURITY (II) other vegetative waste material (in- PART I—OFFICE OF HIGH-PERFORMANCE Sec. 701. Short title. GREEN BUILDINGS cluding wood waste and wood residues); Sec. 702. Definitions. (III) animal waste and byproducts (includ- Sec. 431. Oversight. Sec. 703. Sense of Congress on energy diplo- ing fats, oils, greases, and manure); and Sec. 432. Office of High-Performance Green macy and security. (IV) food waste and yard waste. Buildings. Sec. 704. Strategic energy partnerships. (5) RENEWABLE FUEL.— Sec. 433. Green Building Advisory Com- Sec. 705. International energy crisis re- (A) IN GENERAL.—The term ‘‘renewable mittee. sponse mechanisms. fuel’’ means motor vehicle fuel, boiler fuel, Sec. 434. Public outreach. Sec. 706. Hemisphere energy cooperation Sec. 435. Research and development. forum. or home heating fuel that is— Sec. 436. Budget and life-cycle costing and Sec. 707. Appropriate congressional commit- (i) produced from renewable biomass; and contracting. tees defined. (ii) used to replace or reduce the quantity of fossil fuel present in a fuel or fuel mixture Sec. 437. Authorization of appropriations. SEC. 2. RELATIONSHIP TO OTHER LAW. used to operate a motor vehicle, boiler, or PART II—HEALTHY HIGH-PERFORMANCE Except to the extent expressly provided in furnace. SCHOOLS this Act or an amendment made by this Act, (B) INCLUSION.—The term ‘‘renewable fuel’’ nothing in this Act or an amendment made Sec. 441. Definition of high-performance includes— by this Act supersedes, limits the authority school. (i) conventional biofuel; and provided or responsibility conferred by, or Sec. 442. Grants for healthy school environ- (ii) advanced biofuel. authorizes any violation of any provision of ments. (6) SECRETARY.—The term ‘‘Secretary’’ law (including a regulation), including any Sec. 443. Model guidelines for siting of means the Secretary of Energy energy or environmental law or regulation. school facilities. (7) SMALL REFINERY.—The term ‘‘small re- Sec. 444. Public outreach. TITLE I—BIOFUELS FOR ENERGY finery’’ means a refinery for which the aver- Sec. 445. Environmental health program. SECURITY AND TRANSPORTATION age aggregate daily crude oil throughput for Sec. 446. Authorization of appropriations. SEC. 101. SHORT TITLE. a calendar year (as determined by dividing PART III—STRENGTHENING FEDERAL This title may be cited as the ‘‘Biofuels for the aggregate throughput for the calendar LEADERSHIP Energy Security and Transportation Act of year by the number of days in the calendar Sec. 451. Incentives. 2007’’. year) does not exceed 75,000 barrels.

VerDate Mar 15 2010 21:51 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JN7.REC S11JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7462 CONGRESSIONAL RECORD — SENATE June 11, 2007 Subtitle A—Renewable Fuel Standard of paragraph (1), the applicable volume for refineries that are exempt under subsection SEC. 111. RENEWABLE FUEL STANDARD. calendar year 2023 and each calendar year (g). (a) RENEWABLE FUEL PROGRAM.— thereafter shall be determined by the Presi- (c) VOLUME CONVERSION FACTORS FOR RE- dent, in coordination with the Secretary of (1) REGULATIONS.— NEWABLE FUELS BASED ON ENERGY CONTENT Energy, the Secretary of Agriculture, and (A) IN GENERAL.—Not later than 1 year OR REQUIREMENTS.— the Administrator of the Environmental after the date of enactment of this Act, the (1) IN GENERAL.—For the purpose of sub- Protection Agency, based on a review of the President shall promulgate regulations to section (a), the President shall assign values ensure that motor vehicle fuel, home heating implementation of the program during cal- endar years 2007 through 2022, including a re- to specific types of advanced biofuels for the oil, and boiler fuel sold or introduced into purpose of satisfying the fuel volume re- commerce in the United States (except in view of— quirements of subsection (a)(2) in accordance noncontiguous States or territories), on an (i) the impact of renewable fuels on the en- with this subsection. annual average basis, contains the applicable ergy security of the United States; (2) ENERGY CONTENT RELATIVE TO ETH- volume of renewable fuel determined in ac- (ii) the expected annual rate of future pro- ANOL.—For advanced biofuel, 1 gallon of the cordance with paragraph (2). duction of renewable fuels, including ad- advanced biofuel shall be considered to be (B) PROVISIONS OF REGULATIONS.—Regard- vanced biofuels; less of the date of promulgation, the regula- (iii) the impact of renewable fuels on the the equivalent of 1 gallon of renewable fuel tions promulgated under subparagraph (A)— infrastructure of the United States, includ- multiplied by the ratio that— (i) shall contain compliance provisions ap- ing deliverability of materials, goods, and (A) the number of British thermal units of plicable to refineries, blenders, distributors, products other than renewable fuel, and the energy produced by the combustion of 1 gal- and importers, as appropriate, to ensure sufficiency of infrastructure to deliver re- lon of the advanced biofuel (as measured that— newable fuel; and under conditions determined by the Sec- (I) the requirements of this subsection are (iv) the impact of the use of renewable retary); bears to met; and fuels on other factors, including job creation, (B) the number of British thermal units of (II) renewable fuels produced from facili- the price and supply of agricultural commod- energy produced by the combustion of 1 gal- ties built after the date of enactment of this ities, rural economic development, and the lon of pure ethanol (as measured under con- Act achieve at least a 20 percent reduction in environment. ditions determined by the Secretary to be life cycle greenhouse gas emissions com- (C) MINIMUM APPLICABLE VOLUME.—Subject comparable to conditions described in sub- pared to gasoline; but to subparagraph (D), for the purpose of para- paragraph (A)). (ii) shall not— graph (1), the applicable volume for calendar (3) TRANSITIONAL ENERGY-RELATED CONVER- (I) restrict geographic areas in the contig- year 2023 and each calendar year thereafter SION FACTORS FOR CELLULOSIC BIOMASS ETH- uous United States in which renewable fuel shall be equal to the product obtained by ANOL.—For any of calendar years 2008 may be used; or multiplying— through 2015, 1 gallon of cellulosic biomass (II) impose any per-gallon obligation for (i) the number of gallons of gasoline that ethanol shall be considered to be the equiva- the use of renewable fuel. the President estimates will be sold or intro- lent of 2.5 gallons of renewable fuel. (C) RELATIONSHIP TO OTHER REGULATIONS.— duced into commerce in the calendar year; (d) CREDIT PROGRAM.— Regulations promulgated under this para- and (1) IN GENERAL.—The President, in con- graph shall, to the maximum extent prac- (ii) the ratio that— sultation with the Secretary and the Admin- ticable, incorporate the program structure, (I) 36,000,000,000 gallons of renewable fuel; istrator of the Environmental Protection compliance, and reporting requirements es- bears to Agency, shall implement a credit program to tablished under the final regulations promul- (II) the number of gallons of gasoline sold manage the renewable fuel requirement of gated to implement the renewable fuel pro- or introduced into commerce in calendar this section in a manner consistent with the gram established by the amendment made by year 2022. credit program established by the amend- section 1501(a)(2) of the Energy Policy Act of (D) MINIMUM PERCENTAGE OF ADVANCED ment made by section 1501(a)(2) of the En- 2005 (Public Law 109–58; 119 Stat. 1067). BIOFUEL.—For the purpose of paragraph (1) ergy Policy Act of 2005 (Public Law 109–58; (2) APPLICABLE VOLUME.— and subparagraph (C), at least 60 percent of 119 Stat. 1067). the minimum applicable volume for calendar (A) CALENDAR YEARS 2008 THROUGH 2022.— (2) MARKET TRANSPARENCY.—In carrying (i) RENEWABLE FUEL.—For the purpose of year 2023 and each calendar year thereafter out the credit program under this sub- paragraph (1), subject to clause (ii), the ap- shall be advanced biofuel. section, the President shall facilitate price plicable volume for any of calendar years (b) APPLICABLE PERCENTAGES.— transparency in markets for the sale and 2008 through 2022 shall be determined in ac- (1) PROVISION OF ESTIMATE OF VOLUMES OF trade of credits, with due regard for the pub- cordance with the following table: GASOLINE SALES.—Not later than October 31 lic interest, the integrity of those markets, Applicable volume of of each of calendar years 2008 through 2021, fair competition, and the protection of con- renewable fuel the Administrator of the Energy Information sumers and agricultural producers. Calendar year: (in billions of Administration shall provide to the Presi- (e) SEASONAL VARIATIONS IN RENEWABLE gallons): dent an estimate, with respect to the fol- 2008 ...... 8.5 lowing calendar year, of the volumes of gaso- FUEL USE.— 2009 ...... 10.5 line projected to be sold or introduced into (1) STUDY.—For each of calendar years 2008 2010 ...... 12.0 commerce in the United States. through 2022, the Administrator of the En- 2011 ...... 12.6 (2) DETERMINATION OF APPLICABLE PERCENT- ergy Information Administration shall con- 2012 ...... 13.2 duct a study of renewable fuel blending to 2013 ...... 13.8 AGES.— (A) IN GENERAL.—Not later than November determine whether there are excessive sea- 2014 ...... 14.4 sonal variations in the use of renewable fuel. 2015 ...... 15.0 30 of each of calendar years 2008 through 2022, 2016 ...... 18.0 based on the estimate provided under para- (2) REGULATION OF EXCESSIVE SEASONAL 2017 ...... 21.0 graph (1), the President shall determine and VARIATIONS.—If, for any calendar year, the 2018 ...... 24.0 publish in the Federal Register, with respect Administrator of the Energy Information 2019 ...... 27.0 to the following calendar year, the renewable Administration, based on the study under 2020 ...... 30.0 fuel obligation that ensures that the require- paragraph (1), makes the determinations 2021 ...... 33.0 ments of subsection (a) are met. specified in paragraph (3), the President shall 2022 ...... 36.0. (B) REQUIRED ELEMENTS.—The renewable promulgate regulations to ensure that 25 (ii) ADVANCED BIOFUELS.—For the purpose fuel obligation determined for a calendar percent or more of the quantity of renewable of paragraph (1), of the volume of renewable year under subparagraph (A) shall— fuel necessary to meet the requirements of fuel required under clause (i), the applicable (i) be applicable to refineries, blenders, and subsection (a) is used during each of the 2 pe- volume for any of calendar years 2016 importers, as appropriate; riods specified in paragraph (4) of each subse- through 2022 for advanced biofuels shall be (ii) be expressed in terms of a volume per- quent calendar year. determined in accordance with the following centage of gasoline sold or introduced into (3) DETERMINATIONS.—The determinations table: commerce in the United States; and referred to in paragraph (2) are that— Applicable volume of (iii) subject to paragraph (3)(A), consist of (A) less than 25 percent of the quantity of advanced biofuels a single applicable percentage that applies to renewable fuel necessary to meet the re- Calendar year: (in billions of all categories of persons specified in clause quirements of subsection (a) has been used gallons): (i). during 1 of the 2 periods specified in para- 2016 ...... 3.0 (3) ADJUSTMENTS.—In determining the ap- graph (4) of the calendar year; 2017 ...... 6.0 2018 ...... 9.0 plicable percentage for a calendar year, the (B) a pattern of excessive seasonal vari- 2019 ...... 12.0 President shall make adjustments— ation described in subparagraph (A) will con- 2020 ...... 15.0 (A) to prevent the imposition of redundant tinue in subsequent calendar years; and 2021 ...... 18.0 obligations on any person specified in para- (C) promulgating regulations or other re- 2022 ...... 21.0. graph (2)(B)(i); and quirements to impose a 25 percent or more (B) CALENDAR YEAR 2023 AND THEREAFTER.— (B) to account for the use of renewable fuel seasonal use of renewable fuels will not sig- Subject to subparagraph (C), for the purposes during the previous calendar year by small nificantly—

VerDate Mar 15 2010 21:51 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JN7.REC S11JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 11, 2007 CONGRESSIONAL RECORD — SENATE S7463 (i) increase the price of motor fuels to the mines under clause (i) would be subject to a tion 203(b) of the Energy Policy Act of 2005 consumer; or disproportionate economic hardship if re- (42 U.S.C. 15852(b)). (ii) prevent or interfere with the attain- quired to comply with subsection (a), the (B) INCLUSION.—The term ‘‘renewable en- ment of national ambient air quality stand- President shall extend the exemption under ergy’’ includes biogas produced through the ards. subparagraph (A) for the small refinery for a conversion of organic matter from renewable (4) PERIODS.—The 2 periods referred to in period of not less than 2 additional years. biomass. this subsection are— (2) PETITIONS BASED ON DISPROPORTIONATE (b) ADDITIONAL CREDIT.— (A) April through September; and ECONOMIC HARDSHIP.— (1) IN GENERAL.—The President shall pro- (B) January through March and October (A) EXTENSION OF EXEMPTION.—A small re- vide a credit under the program established through December. finery may at any time petition the Presi- under section 111(d) to the owner of a facility (f) WAIVERS.— dent for an extension of the exemption under that uses renewable energy to displace more (1) IN GENERAL.—The President, in con- paragraph (1) for the reason of dispropor- than 90 percent of the fossil fuel normally sultation with the Secretary of Energy, the tionate economic hardship. used in the production of renewable fuel. Secretary of Agriculture, and the Adminis- (B) EVALUATION OF PETITIONS.—In evalu- (2) CREDIT AMOUNT.—The President may trator of the Environmental Protection ating a petition under subparagraph (A), the provide the credit in a quantity that is not Agency, may waive the requirements of sub- President, in consultation with the Sec- more than the equivalent of 1.5 gallons of re- section (a) in whole or in part on petition by retary, shall consider the findings of the newable fuel for each gallon of renewable one or more States by reducing the national study under paragraph (1)(B) and other eco- fuel produced in a facility described in para- quantity of renewable fuel required under nomic factors. graph (1). subsection (a), based on a determination by (C) DEADLINE FOR ACTION ON PETITIONS.— Subtitle B—Renewable Fuels Infrastructure the President (after public notice and oppor- The President shall act on any petition sub- SEC. 121. INFRASTRUCTURE PILOT PROGRAM tunity for comment), that— mitted by a small refinery for a hardship ex- FOR RENEWABLE FUELS. (A) implementation of the requirement emption not later than 90 days after the date (a) IN GENERAL.—The Secretary, in con- would severely harm the economy or envi- of receipt of the petition. sultation with the Secretary of Transpor- ronment of a State, a region, or the United (3) OPT-IN FOR SMALL REFINERIES.—A small tation and the Administrator of the Environ- States; or refinery shall be subject to the requirements mental Protection Agency, shall establish a (B) extreme and unusual circumstances of subsection (a) if the small refinery noti- competitive grant pilot program (referred to exist that prevent distribution of an ade- fies the President that the small refinery in this section as the ‘‘pilot program’’), to be quate supply of domestically-produced re- waives the exemption under paragraph (1). administered through the Vehicle Tech- newable fuel to consumers in the United (h) PENALTIES AND ENFORCEMENT.— nology Deployment Program of the Depart- States. (1) CIVIL PENALTIES.— ment of Energy, to provide not more than 10 (2) PETITIONS FOR WAIVERS.—The President, (A) IN GENERAL.—Any person that violates geographically-dispersed project grants to in consultation with the Secretary of En- a regulation promulgated under subsection State governments, Indian tribal govern- ergy, the Secretary of Agriculture, and the (a), or that fails to furnish any information ments, local governments, metropolitan Administrator of the Environmental Protec- required under such a regulation, shall be transportation authorities, or partnerships tion Agency, shall approve or disapprove a liable to the United States for a civil penalty of those entities to carry out 1 or more State petition for a waiver of the require- projects for the purposes described in sub- ments of subsection (a) within 90 days after of not more than the total of— (i) $25,000 for each day of the violation; and section (b). the date on which the petition is received by (b) GRANT PURPOSES.—A grant under this (ii) the amount of economic benefit or sav- the President. section shall be used for the establishment of ings received by the person resulting from (3) TERMINATION OF WAIVERS.—A waiver refueling infrastructure corridors, as des- granted under paragraph (1) shall terminate the violation, as determined by the Presi- ignated by the Secretary, for gasoline blends after 1 year, but may be renewed by the dent. that contain not less than 11 percent, and President after consultation with the Sec- (B) COLLECTION.—Civil penalties under sub- not more than 85 percent, renewable fuel or retary of Energy, the Secretary of Agri- paragraph (A) shall be assessed by, and col- diesel fuel that contains at least 10 percent culture, and the Administrator of the Envi- lected in a civil action brought by, the Sec- renewable fuel, including— ronmental Protection Agency. retary or such other officer of the United (1) installation of infrastructure and equip- (4) REPORT TO CONGRESS.—If the Secretary States as is designated by the President. ment necessary to ensure adequate distribu- makes a determination under paragraph (2) INJUNCTIVE AUTHORITY.— tion of renewable fuels within the corridor; (1)(B) that railroad transportation of domes- (A) IN GENERAL.—The district courts of the (2) installation of infrastructure and equip- tically-produced renewable fuel is inad- United States shall have jurisdiction to— ment necessary to directly support vehicles equate, based on either the service provided (i) restrain a violation of a regulation pro- powered by renewable fuels; and by, or the price of, the railroad transpor- mulgated under subsection (a); (3) operation and maintenance of infra- tation, the President shall submit to Con- (ii) award other appropriate relief; and structure and equipment installed as part of gress a report that describes— (iii) compel the furnishing of information a project funded by the grant. (A) the actions the Federal Government is required under the regulation. (c) APPLICATIONS.— taking, or will take, to address the inad- (B) ACTIONS.—An action to restrain such (1) REQUIREMENTS.— equacy, including a description of the spe- violations and compel such actions shall be (A) IN GENERAL.—Subject to subparagraph cific powers of the applicable Federal agen- brought by and in the name of the United (B), not later than 90 days after the date of cies; and States. enactment of this Act, the Secretary shall (B) if the President finds that there are in- (C) SUBPOENAS.—In the action, a subpoena issue requirements for use in applying for adequate Federal powers to address the rail- for a witness who is required to attend a dis- grants under the pilot program. road service or pricing inadequacies, rec- trict court in any district may apply in any (B) MINIMUM REQUIREMENTS.—At a min- ommendations for legislation to provide ap- other district. imum, the Secretary shall require that an propriate powers to Federal agencies to ad- (i) VOLUNTARY LABELING PROGRAM.— application for a grant under this section— dress the inadequacies. (1) IN GENERAL.—The President shall estab- (i) be submitted by— (g) SMALL REFINERIES.— lish criteria for a system of voluntary label- (I) the head of a State, tribal, or local gov- (1) TEMPORARY EXEMPTION.— ing of renewable fuels based on life cycle ernment or a metropolitan transportation (A) IN GENERAL.—The requirements of sub- greenhouse gas emissions. authority, or any combination of those enti- section (a) shall not apply to— (2) CONSUMER EDUCATION.—The President ties; and (i) small refineries (other than a small re- shall ensure that the labeling system under (II) a registered participant in the Vehicle finery described in clause (ii)) until calendar this subsection provides useful information Technology Deployment Program of the De- year 2013; and to consumers making fuel purchases. partment of Energy; and (ii) small refineries owned by a small busi- (3) FLEXIBILITY.—In carrying out this sub- (ii) include— ness refiner (as defined in section 45H(c) of section, the President may establish more (I) a description of the project proposed in the Internal Revenue Code of 1986) until cal- than 1 label, as appropriate. the application, including the ways in which endar year 2015. (j) EFFECTIVE DATE.—Except as otherwise the project meets the requirements of this (B) EXTENSION OF EXEMPTION.— specifically provided in this section, this sec- section; (i) STUDY BY SECRETARY.—Not later than tion takes effect on January 1, 2008. (II) an estimate of the degree of use of the December 31, 2008, the Secretary shall sub- SEC. 112. PRODUCTION OF RENEWABLE FUEL project, including the estimated size of fleet mit to the President and Congress a report USING RENEWABLE ENERGY. of vehicles operated with renewable fuel describing the results of a study to deter- (a) DEFINITIONS.—In this section: available within the geographic region of the mine whether compliance with the require- (1) FACILITY.—The term ‘‘facility’’ means a corridor, measured as a total quantity and a ments of subsection (a) would impose a dis- facility used for the production of renewable percentage; proportionate economic hardship on small fuel. (III) an estimate of the potential petro- refineries. (2) RENEWABLE ENERGY.— leum displaced as a result of the project (ii) EXTENSION OF EXEMPTION.—In the case (A) IN GENERAL.—The term ‘‘renewable en- (measured as a total quantity and a percent- of a small refinery that the Secretary deter- ergy’’ has the meaning given the term in sec- age), and a plan to collect and disseminate

VerDate Mar 15 2010 21:51 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JN7.REC S11JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7464 CONGRESSIONAL RECORD — SENATE June 11, 2007 petroleum displacement and other relevant reviewed proposal up to 5 applications for SEC. 124. LOAN GUARANTEES FOR RENEWABLE data relating to the project to be funded projects to be awarded a grant under the FUEL FACILITIES. under the grant, over the expected life of the pilot program. (a) IN GENERAL.—Section 1703 of the En- project; (2) ADDITIONAL GRANTS.— ergy Policy Act of 2005 (42 U.S.C. 16513) is (IV) a description of the means by which (A) IN GENERAL.—Not later than 2 years amended by adding at the end the following: the project will be sustainable without Fed- after the date of enactment of this Act, the ‘‘(f) RENEWABLE FUEL FACILITIES.— eral assistance after the completion of the Secretary shall publish in the Federal Reg- ‘‘(1) IN GENERAL.—The Secretary may make term of the grant; ister, Commerce Business Daily, and such guarantees under this title for projects that (V) a complete description of the costs of other publications as the Secretary considers produce advanced biofuel (as defined in sec- tion 102 of the Biofuels for Energy Security the project, including acquisition, construc- to be appropriate, a notice and request for and Transportation Act of 2007). tion, operation, and maintenance costs over additional applications to carry out projects ‘‘(2) REQUIREMENTS.—A project under this the expected life of the project; and under the pilot program that incorporate the subsection shall employ new or significantly (VI) a description of which costs of the information and knowledge obtained through improved technologies for the production of project will be supported by Federal assist- the implementation of the first round of renewable fuels as compared to commercial ance under this subsection. projects authorized under the pilot program. technologies in service in the United States (2) PARTNERS.—An applicant under para- (B) DEADLINE.—An application described in at the time that the guarantee is issued. graph (1) may carry out a project under the subparagraph (A) shall be submitted to the ‘‘(3) ISSUANCE OF FIRST LOAN GUARANTEES.— pilot program in partnership with public and Secretary by not later than 180 days after The requirement of section 20320(b) of divi- private entities. the date of publication of the notice under sion B of the Continuing Appropriations Res- (d) SELECTION CRITERIA.—In evaluating ap- that subparagraph. olution, 2007 (Public Law 109–289, Public Law plications under the pilot program, the Sec- (C) INITIAL SELECTION.—Not later than 90 110–5), relating to the issuance of final regu- retary shall— days after the date by which applications for lations, shall not apply to the first 6 guaran- (1) consider the experience of each appli- grants are due under subparagraph (B), the tees issued under this subsection. cant with previous, similar projects; and Secretary shall select by competitive, peer- ‘‘(4) PROJECT DESIGN.—A project for which (2) give priority consideration to applica- reviewed proposal such additional applica- a guarantee is made under this subsection tions that— tions for projects to be awarded a grant (A) are most likely to maximize displace- shall have a project design that has been under the pilot program as the Secretary de- ment of petroleum consumption, measured validated through the operation of a contin- termines to be appropriate. as a total quantity and a percentage; uous process pilot facility with an annual (B) are best able to incorporate existing in- (g) REPORTS TO CONGRESS.— output of at least 50,000 gallons of ethanol or frastructure while maximizing, to the extent (1) INITIAL REPORT.—Not later than 60 days the energy equivalent volume of other ad- practicable, the use of advanced biofuels; after the date on which grants are awarded vanced biofuels. (C) demonstrate the greatest commitment under this section, the Secretary shall sub- ‘‘(5) MAXIMUM GUARANTEED PRINCIPAL.—The on the part of the applicant to ensure fund- mit to Congress a report containing— total principal amount of a loan guaranteed ing for the proposed project and the greatest (A) an identification of the grant recipi- under this subsection may not exceed likelihood that the project will be main- ents and a description of the projects to be $250,000,000 for a single facility. tained or expanded after Federal assistance funded under the pilot program; ‘‘(6) AMOUNT OF GUARANTEE.—The Sec- under this subsection is completed; (B) an identification of other applicants retary shall guarantee 100 percent of the (D) represent a partnership of public and that submitted applications for the pilot pro- principal and interest due on 1 or more loans private entities; and gram but to which funding was not provided; made for a facility that is the subject of the (E) exceed the minimum requirements of and guarantee under paragraph (3). subsection (c)(1)(B). (C) a description of the mechanisms used ‘‘(7) DEADLINE.—The Secretary shall ap- (e) PILOT PROJECT REQUIREMENTS.— by the Secretary to ensure that the informa- prove or disapprove an application for a (1) MAXIMUM AMOUNT.—The Secretary shall tion and knowledge gained by participants in guarantee under this subsection not later provide not more than $20,000,000 in Federal the pilot program are transferred among the than 90 days after the date of receipt of the assistance under the pilot program to any pilot program participants and to other in- application. applicant. terested parties, including other applicants ‘‘(8) REPORT.—Not later than 30 days after (2) COST SHARING.—The non-Federal share that submitted applications. approving or disapproving an application of the cost of any activity relating to renew- (2) EVALUATION.—Not later than 2 years under paragraph (7), the Secretary shall sub- able fuel infrastructure development carried after the date of enactment of this Act, and mit to Congress a report on the approval or out using funds from a grant under this sec- annually thereafter until the termination of disapproval (including the reasons for the ac- tion shall be not less than 20 percent. the pilot program, the Secretary shall sub- tion).’’. (3) MAXIMUM PERIOD OF GRANTS.—The Sec- mit to Congress a report containing an eval- (b) IMPROVEMENTS TO UNDERLYING LOAN retary shall not provide funds to any appli- uation of the effectiveness of the pilot pro- GUARANTEE AUTHORITY.— cant under the pilot program for more than gram, including an assessment of the petro- (1) DEFINITION OF COMMERCIAL TECH- 2 years. leum displacement and benefits to the envi- NOLOGY.—Section 1701(1) of the Energy Pol- (4) DEPLOYMENT AND DISTRIBUTION.—The ronment derived from the projects included icy Act of 2005 (42 U.S.C. 16511(1)) is amended Secretary shall seek, to the maximum extent in the pilot program. by striking subparagraph (B) and inserting practicable, to ensure a broad geographic (h) AUTHORIZATION OF APPROPRIATIONS.— the following: distribution of project sites funded by grants There is authorized to be appropriated to the ‘‘(B) EXCLUSION.—The term ‘commercial under this section. Secretary to carry out this section technology’ does not include a technology if (5) TRANSFER OF INFORMATION AND KNOWL- $200,000,000, to remain available until ex- the sole use of the technology is in connec- EDGE.—The Secretary shall establish mecha- pended. tion with— nisms to ensure that the information and ‘‘(i) a demonstration plant; or knowledge gained by participants in the SEC. 122. BIOENERGY RESEARCH AND DEVELOP- ‘‘(ii) a project for which the Secretary ap- pilot program are transferred among the MENT. proved a loan guarantee.’’. pilot program participants and to other in- Section 931(c) of the Energy Policy Act of (2) SPECIFIC APPROPRIATION OR CONTRIBU- terested parties, including other applicants 2005 (42 U.S.C. 16231(c)) is amended— TION.—Section 1702 of the Energy Policy Act that submitted applications. (1) in paragraph (2), by striking of 2005 (42 U.S.C. 16512) is amended by strik- (f) SCHEDULE.— ‘‘$251,000,000’’ and inserting ‘‘$377,000,000’’; ing subsection (b) and inserting the fol- (1) INITIAL GRANTS.— and lowing: (A) IN GENERAL.—Not later than 90 days (2) in paragraph (3), by striking ‘‘(b) SPECIFIC APPROPRIATION OR CONTRIBU- after the date of enactment of this Act, the ‘‘$274,000,000’’ and inserting ‘‘$398,000,000’’. TION.— Secretary shall publish in the Federal Reg- ‘‘(1) IN GENERAL.—No guarantee shall be ister, Commerce Business Daily, and such SEC. 123. BIORESEARCH CENTERS FOR SYSTEMS made unless— other publications as the Secretary considers BIOLOGY PROGRAM. ‘‘(A) an appropriation for the cost has been to be appropriate, a notice and request for Section 977(a)(1) of the Energy Policy Act made; or applications to carry out projects under the of 2005 (42 U.S.C. 16317(a)(1)) is amended by ‘‘(B) the Secretary has received from the pilot program. inserting before the period at the end the fol- borrower a payment in full for the cost of (B) DEADLINE.—An application described in lowing: ‘‘, including the establishment of at the obligation and deposited the payment subparagraph (A) shall be submitted to the least 11 bioresearch centers of varying sizes, into the Treasury. Secretary by not later than 180 days after as appropriate, that focus on biofuels, of ‘‘(2) LIMITATION.—The source of payments the date of publication of the notice under which at least 2 centers shall be located in received from a borrower under paragraph that subparagraph. each of the 4 Petroleum Administration for (1)(B) shall not be a loan or other debt obli- (C) INITIAL SELECTION.—Not later than 90 Defense Districts with no subdistricts and 1 gation that is made or guaranteed by the days after the date by which applications for center shall be located in each of the subdis- Federal Government. grants are due under subparagraph (B), the tricts of the Petroleum Administration for ‘‘(3) RELATION TO OTHER LAWS.—Section Secretary shall select by competitive, peer- Defense District with subdistricts’’. 504(b) of the Federal Credit Reform Act of

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Policy Act of 2005 (42 U.S.C. 16512) is amend- (1) DEVELOPMENT.—In the first phase of the (c) NATIONAL BIODIESEL FUEL QUALITY ed by striking subsection (c) and inserting program, the Secretary shall make grants to STANDARD.— the following: eligible entities to assist the eligible entities (1) QUALITY REGULATIONS.—Within 180 days ‘‘(c) AMOUNT.— in the development of local projects to pro- following the date of enactment of this Act, ‘‘(1) IN GENERAL.—Subject to paragraph (2), mote the development of infrastructure to the President shall promulgate regulations the Secretary shall guarantee up to 100 per- support the separation, production, proc- to ensure that only biodiesel that is tested cent of the principal and interest due on 1 or essing, and transportation of biomass to and certified to comply with the American more loans for a facility that are the subject local biorefineries. Society for Testing and Materials (ASTM) of the guarantee. (2) IMPLEMENTATION.—In the second phase 6751 standard is introduced into interstate ‘‘(2) LIMITATION.—The total amount of of the program, the Secretary shall make commerce. loans guaranteed for a facility by the Sec- competitive grants to eligible entities to im- (2) ENFORCEMENT.—The President shall en- retary shall not exceed 80 percent of the plement projects developed under paragraph sure that all biodiesel entering interstate total cost of the facility, as estimated at the (1). commerce meets the requirements of para- time at which the guarantee is issued.’’. (c) AUTHORIZATION OF APPROPRIATIONS.— graph (1). (4) SUBROGATION.—Section 1702(g)(2) of the There are authorized to be appropriated such (3) FUNDING.—There are authorized to be Energy Policy Act of 2005 (42 U.S.C. sums as are necessary to carry out this sec- appropriated to the President to carry out 16512(g)(2)) is amended— tion. this section: (A) by striking subparagraph (B); and SEC. 127. BIOREFINERY INFORMATION CENTER. (A) $3,000,000 for fiscal year 2008. (B) by redesignating subparagraph (C) as (a) IN GENERAL.—The Secretary, in co- (B) $3,000,000 for fiscal year 2009. subparagraph (B). operation with the Secretary of Agriculture, (C) $3,000,000 for fiscal year 2010. (5) FEES.—Section 1702(h) of the Energy shall establish a biorefinery information Subtitle C—Studies Policy Act of 2005 (42 U.S.C. 16512(h)) is center to make available to interested par- SEC. 141. STUDY OF ADVANCED BIOFUELS TECH- amended by striking paragraph (2) and in- ties information on— NOLOGIES. serting the following: (1) renewable fuel resources, including in- (a) IN GENERAL.—Not later than October 1, ‘‘(2) AVAILABILITY.—Fees collected under formation on programs and incentives for re- 2012, the Secretary shall offer to enter into a this subsection shall— newable fuels; contract with the National Academy of ‘‘(A) be deposited by the Secretary into a (2) renewable fuel producers; Sciences under which the Academy shall special fund in the Treasury to be known as (3) renewable fuel users; and conduct a study of technologies relating to the ‘Incentives For Innovative Technologies (4) potential renewable fuel users. the production, transportation, and distribu- Fund’; and (b) ADMINISTRATION.—In administering the tion of advanced biofuels. ‘‘(B) remain available to the Secretary for biorefinery information center, the Sec- (b) SCOPE.—In conducting the study, the expenditure, without further appropriation retary shall— Academy shall— or fiscal year limitation, for administrative (1) continually update information pro- (1) include an assessment of the maturity expenses incurred in carrying out this vided by the center; of advanced biofuels technologies; title.’’. (2) make information available to inter- (2) consider whether the rate of develop- SEC. 125. GRANTS FOR RENEWABLE FUEL PRO- ested parties on the process for establishing ment of those technologies will be sufficient DUCTION RESEARCH AND DEVELOP- a biorefinery; and to meet the advanced biofuel standards re- MENT IN CERTAIN STATES. (3) make information and assistance pro- quired under section 111; (a) IN GENERAL.—The Secretary shall pro- vided by the center available through a toll- (3) consider the effectiveness of the re- vide grants to eligible entities to conduct re- free telephone number and website. search and development programs and ac- search into, and develop and implement, re- (c) AUTHORIZATION OF APPROPRIATIONS.— tivities of the Department of Energy relating newable fuel production technologies in There are authorized to be appropriated such to advanced biofuel technologies; and States with low rates of ethanol production, sums as are necessary to carry out this sec- (4) make policy recommendations to accel- including low rates of production of cellu- tion. erate the development of those technologies losic biomass ethanol, as determined by the SEC. 128. ALTERNATIVE FUEL DATABASE AND to commercial viability, as appropriate. Secretary. MATERIALS. (c) REPORT.—Not later than November 30, (b) ELIGIBILITY.—To be eligible to receive a The Secretary and the Director of the Na- 2014, the Secretary shall submit to the Com- grant under the section, an entity shall— tional Institute of Standards and Technology mittee on Energy and Natural Resources of (1)(A) be an institution of higher education shall jointly establish and make available to the Senate and the Committee on Energy (as defined in section 2 of the Energy Policy the public— and Commerce of the House of Representa- Act of 2005 (42 U.S.C. 15801)) located in a (1) a database that describes the physical tives a report describing the results of the State described in subsection (a); properties of different types of alternative study conducted under this section. (B) be an institution— fuel; and SEC. 142. STUDY OF INCREASED CONSUMPTION (i) referred to in section 532 of the Equity (2) standard reference materials for dif- OF ETHANOL-BLENDED GASOLINE in Educational Land-Grant Status Act of WITH HIGHER LEVELS OF ETHANOL. ferent types of alternative fuel. 1994 (Public Law 103–382; 7 U.S.C. 301 note); (a) IN GENERAL.—The Secretary, in co- (ii) that is eligible for a grant under the SEC. 129. FUEL TANK CAP LABELING REQUIRE- operation with the Secretary of Agriculture, MENT. Tribally Controlled College or University As- the Administrator of the Environmental Section 406(a) of the Energy Policy Act of sistance Act of 1978 (25 U.S.C. 1801 et seq.), Protection Agency, and the Secretary of 1992 (42 U.S.C. 13232(a)) is amended— including Dine´ College; or Transportation, and after providing notice (1) by striking ‘‘The Federal Trade Com- (iii) that is eligible for a grant under the and an opportunity for public comment, mission’’ and inserting the following: Navajo Community College Act (25 U.S.C. shall conduct a study of the feasibility of in- ‘‘(1) IN GENERAL.—The Federal Trade Com- 640a et seq.); or creasing consumption in the United States of mission’’; and (C) be a consortium of such institutions of ethanol-blended gasoline with levels of eth- (2) by adding at the end the following: higher education, industry, State agencies, anol that are not less than 10 percent and ‘‘(2) FUEL TANK CAP LABELING REQUIRE- Indian tribal agencies, or local government not more than 40 percent. MENT.—Beginning with model year 2010, the agencies located in the State; and (b) STUDY.—The study under subsection (a) fuel tank cap of each alternative fueled vehi- (2) have proven experience and capabilities shall include— cle manufactured for sale in the United with relevant technologies. (1) a review of production and infrastruc- (c) AUTHORIZATION OF APPROPRIATIONS.— States shall be clearly labeled to inform con- ture constraints on increasing consumption There is authorized to be appropriated to sumers that such vehicle can operate on al- of ethanol; carry out this section $25,000,000 for each of ternative fuel.’’. (2) an evaluation of the economic, market, fiscal years 2008 through 2010. SEC. 130. BIODIESEL. and energy-related impacts of State and re- SEC. 126. GRANTS FOR INFRASTRUCTURE FOR (a) IN GENERAL.—Not later than 180 days gional differences in ethanol blends; TRANSPORTATION OF BIOMASS TO after the date of enactment of this Act, the (3) an evaluation of the economic, market, LOCAL BIOREFINERIES. Secretary shall submit to Congress a report and energy-related impacts on gasoline re- (a) IN GENERAL.—The Secretary shall con- on any research and development challenges tailers and consumers of separate and dis- duct a program under which the Secretary inherent in increasing to 5 percent the pro- tinctly labeled fuel storage facilities and dis- shall provide grants to Indian tribal and portion of diesel fuel sold in the United pensers; local governments and other eligible entities States that is biodiesel (as defined in section (4) an evaluation of the environmental im- (as determined by the Secretary) (referred to 757 of the Energy Policy Act of 2005 (42 U.S.C. pacts of mid-level ethanol blends on evapo- in this section as ‘‘eligible entities’’) to pro- 16105)). rative and exhaust emissions from on-road, mote the development of infrastructure to (b) REGULATIONS.—The President shall pro- off-road, and marine engines, recreational support the separation, production, proc- mulgate regulations providing for the uni- boats, vehicles, and equipment;

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(5) an evaluation of the impacts of mid- (c) REPORT.—Not later than 18 months ergy and Natural Resources of the Senate level ethanol blends on the operation, dura- after the date of enactment of this Act, the and the Committee on Energy and Commerce bility, and performance of on-road, off-road, Secretary shall submit to the Committee on of the House of Representatives a report that and marine engines, recreational boats, vehi- Energy and Natural Resources of the Senate describes the results of the study under sub- cles, and equipment; and and the Committee on Energy and Commerce section (a), including recommendations for a (6) an evaluation of the safety impacts of of the House of Representatives a report that method for performing a simplified, stream- mid-level ethanol blends on consumers that describes the results of the study, including lined lifecycle analysis of the fossil and re- own and operate off-road and marine en- a description of— newable carbon content of biofuels that in- gines, recreational boats, vehicles, or equip- (1) existing programs and studies on the cludes— ment. use of renewable electricity as a means of (1) carbon inputs to feedstock production; (c) REPORT.—Not later than 1 year after powering electric vehicles; and and the date of enactment of this Act, the Sec- (2) alternatives for— (2) carbon inputs to the biofuel production retary shall submit to Congress a report de- (A) designing a pilot program to determine process, including the carbon associated with scribing the results of the study conducted the feasibility of using renewable electricity electrical and thermal energy inputs. under this section. to power electric vehicles as an adjunct to a SEC. 149. STUDY OF THE ADEQUACY OF RAIL- SEC. 143. PIPELINE FEASIBILITY STUDY. renewable fuels mandate; ROAD TRANSPORTATION OF DOMES- (a) IN GENERAL.—The Secretary, in coordi- (B) allowing the use, under the pilot pro- TICALLY-PRODUCED RENEWABLE nation with the Secretary of Agriculture and gram designed under subparagraph (A), of FUEL. the Secretary of Transportation, shall con- electricity generated from nuclear energy as (a) STUDY.— duct a study of the feasibility of the con- an additional source of supply; (1) IN GENERAL.—The Secretary, in con- struction of dedicated ethanol pipelines. (C) identifying the source of electricity sultation with the Secretary of Transpor- (b) FACTORS.—In conducting the study, the used to power electric vehicles; and tation, shall conduct a study of the adequacy Secretary shall consider— (D) equating specific quantities of elec- of railroad transportation of domestically- (1) the quantity of ethanol production that tricity to quantities of renewable fuel under produced renewable fuel. would make dedicated pipelines economi- section 111(d). (2) COMPONENTS.—In conducting the study cally viable; SEC. 146. STUDY OF ENGINE DURABILITY ASSOCI- under paragraph (1), the Secretary shall con- (2) existing or potential barriers to dedi- ATED WITH THE USE OF BIODIESEL. sider— cated ethanol pipelines, including technical, (a) IN GENERAL.—Not later than 30 days (A) the adequacy of, and appropriate loca- siting, financing, and regulatory barriers; after the date of enactment of this Act, the tion for, tracks that have sufficient capac- (3) market risk (including throughput risk) Secretary shall initiate a study on the ef- ity, and are in the appropriate condition, to and means of mitigating the risk; fects of the use of biodiesel on engine dura- move the necessary quantities of domesti- (4) regulatory, financing, and siting op- bility. cally-produced renewable fuel within the tions that would mitigate risk in those areas (b) COMPONENTS.—The study under this timeframes required by section 111; and help ensure the construction of 1 or section shall include— (B) the adequacy of the supply of railroad more dedicated ethanol pipelines; (1) an assessment of whether the use of bio- tank cars, locomotives, and rail crews to (5) financial incentives that may be nec- diesel in conventional diesel engines lessens move the necessary quantities of domesti- essary for the construction of dedicated eth- engine durability; and cally-produced renewable fuel in a timely anol pipelines, including the return on eq- (2) an assessment of the effects referred to fashion; uity that sponsors of the initial dedicated in subsection (a) with respect to biodiesel (C)(i) the projected costs of moving the do- ethanol pipelines will require to invest in the blends at varying concentrations, includ- mestically-produced renewable fuel using pipelines; ing— railroad transportation; and (6) technical factors that may compromise (A) B5; (ii) the impact of the projected costs on the the safe transportation of ethanol in pipe- (B) B10; marketability of the domestically-produced lines, identifying remedial and preventative (C) B20; and renewable fuel; measures to ensure pipeline integrity; and (D) B30. (D) whether there is adequate railroad (7) such other factors as the Secretary con- SEC. 147. STUDY OF INCENTIVES FOR RENEW- competition to ensure— siders appropriate. ABLE FUELS. (i) a fair price for the railroad transpor- (c) REPORT.—Not later than 15 months (a) STUDY.—The President shall conduct a after the date of enactment of this Act, the study of the renewable fuels industry and tation of domestically-produced renewable Secretary shall submit to Congress a report markets in the United States, including— fuel; and describing the results of the study conducted (1) the costs to produce conventional and (ii) acceptable levels of service for railroad under this section. advanced biofuels; transportation of domestically-produced re- newable fuel; SEC. 144. STUDY OF OPTIMIZATION OF FLEXIBLE (2) the factors affecting the future market FUELED VEHICLES TO USE E–85 prices for those biofuels, including world oil (E) any rail infrastructure capital costs FUEL. prices; and that the railroads indicate should be paid by (a) IN GENERAL.—The Secretary shall con- (3) the financial incentives necessary to the producers or distributors of domesti- duct a study of methods of increasing the enhance, to the maximum extent prac- cally-produced renewable fuel; fuel efficiency of flexible fueled vehicles by ticable, the biofuels industry of the United (F) whether Federal agencies have ade- optimizing flexible fueled vehicles to operate States to reduce the dependence of the quate legal authority to ensure a fair and using E–85 fuel. United States on foreign oil during calendar reasonable transportation price and accept- (b) REPORT.—Not later than 180 days after years 2011 through 2030. able levels of service in cases in which the the date of enactment of this Act, the Sec- (b) GOALS.—The study shall include an domestically-produced renewable fuel source retary shall submit to the Committee on En- analysis of the options for financial incen- does not have access to competitive rail ergy and Natural Resources of the Senate tives and the advantage and disadvantages of service; and the Committee on Natural Resources of each option. (G) whether Federal agencies have ade- the House of Representatives a report that (c) REPORT.—Not later than 1 year after quate legal authority to address railroad describes the results of the study, including the date of enactment of this Act, the Presi- service problems that may be resulting in in- any recommendations of the Secretary. dent shall submit to Congress a report that adequate supplies of domestically-produced SEC. 145. STUDY OF CREDITS FOR USE OF RE- describes the results of the study. renewable fuel in any area of the United NEWABLE ELECTRICITY IN ELEC- SEC. 148. STUDY OF STREAMLINED LIFECYCLE States; and TRIC VEHICLES. ANALYSIS TOOLS FOR THE EVALUA- (H) any recommendations for any addi- (a) DEFINITION OF ELECTRIC VEHICLE.—In TION OF RENEWABLE CARBON CON- tional legal authorities for Federal agencies this section, the term ‘‘electric vehicle’’ TENT OF BIOFUELS. to ensure the reliable railroad transpor- means an electric motor vehicle (as defined (a) IN GENERAL.—The Secretary, in con- tation of adequate supplies of domestically- in section 601 of the Energy Policy Act of sultation with the Secretary of Agriculture produced renewable fuel at reasonable prices. 1992 (42 U.S.C. 13271)) for which the recharge- and the Administrator of the Environmental (b) REPORT.—Not later than 180 days after able storage battery— Protection Agency, shall conduct a study the date of enactment of this Act, the Sec- (1) receives a charge directly from a source of— retary shall submit to the Committee on En- of electric current that is external to the ve- (1) published methods for evaluating the ergy and Natural Resources of the Senate hicle; and lifecycle fossil and renewable carbon content and the Committee on Energy and Commerce (2) provides a minimum of 80 percent of the of fuels, including conventional and ad- of the House of Representatives a report that motive power of the vehicle. vanced biofuels; and describes the results of the study conducted (b) STUDY.—The Secretary shall conduct a (2) methods for performing simplified, under subsection (a). study on the feasibility of issuing credits streamlined lifecycle analyses of the fossil under the program established under section and renewable carbon content of biofuels. SEC. 150. STUDY OF EFFECTS OF ETHANOL- 111(d) to electric vehicles powered by elec- (b) REPORT.—Not later than 1 year after BLENDED GASOLINE ON OFF ROAD tricity produced from renewable energy the date of enactment of this Act, the Sec- VEHICLES. sources. retary shall submit to the Committee on En- (a) STUDY.—

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(1) IN GENERAL.—The Secretary, in con- SEC. 212. INCANDESCENT REFLECTOR LAMP EF- ‘‘(A) ER INCANDESCENT REFLECTOR LAMP.— sultation with the Secretary of Transpor- FICIENCY STANDARDS. The term ‘ER incandescent reflector lamp’ tation and the Administrator of the Environ- (a) DEFINITIONS.—Section 321 of the Energy means a reflector lamp that has— mental Protection Agency, shall conduct a Policy and Conservation Act (42 U.S.C. 6291) ‘‘(i) an elliptical section below the major study to determine the effects of ethanol- is amended— diameter of the bulb and above the approxi- blended gasoline on off-road vehicles and rec- (1) in paragraph (30)(C)(ii)— mate baseline of the bulb, as shown in figure reational boats. (A) in the matter preceding subclause (I)— 1 (RE) on page 7 of ANSI C79.1–1994, incor- (2) EVALUATION.—The study shall include (i) by striking ‘‘or similar bulb shapes (ex- porated by reference in section 430.22 of title an evaluation of the operational, safety, du- cluding ER or BR)’’ and inserting ‘‘ER, BR, 10, Code of Federal Regulations (as in effect rability, and environmental impacts of eth- BPAR, or similar bulb shapes’’; and on the date of enactment of this paragraph); anol-blended gasoline on off-road and marine (ii) by striking ‘‘2.75’’ and inserting ‘‘2.25’’; and engines, recreational boats, and related and ‘‘(ii) a finished size and shape shown in equipment. (B) by striking ‘‘is either—’’ and all that ANSI C78.21–1989, incorporated by reference (b) REPORT.—Not later than 1 year after follows through subclause (II) and inserting in section 430.22 of title 10, Code of Federal the date of enactment of this Act, the Sec- ‘‘has a rated wattage that is 40 watts or Regulations (as in effect on the date of en- retary shall submit to Congress a report de- higher’’; and actment of this paragraph). scribing the results of the study. (2) by adding at the end the following: ‘‘(B) ER30.—The term ‘ER30’ means an ER TITLE II—ENERGY EFFICIENCY ‘‘(52) BPAR INCANDESCENT REFLECTOR incandescent reflector lamp with a diameter PROMOTION LAMP.—The term ‘BPAR incandescent reflec- of 30/8ths of an inch. SEC. 201. SHORT TITLE. tor lamp’ means a reflector lamp as shown in ‘‘(C) ER40.—The term ‘ER40’ means an ER This title may be cited as the ‘‘Energy Ef- figure C78.21–278 on page 32 of ANSI C78.21– incandescent reflector lamp with a diameter ficiency Promotion Act of 2007’’. 2003. of 40/8ths of an inch. SEC. 202. DEFINITION OF SECRETARY. ‘‘(53) BR INCANDESCENT REFLECTOR LAMP; ‘‘(55) R20 INCANDESCENT REFLECTOR LAMP.— In this title, the term ‘‘Secretary’’ means BR30; BR40.— The term ‘R20 incandescent reflector lamp’ the Secretary of Energy. ‘‘(A) BR INCANDESCENT REFLECTOR LAMP.— means a reflector lamp that has a face di- Subtitle A—Promoting Advanced Lighting The term ‘BR incandescent reflector lamp’ ameter of approximately 2.5 inches, as shown Technologies means a reflector lamp that has— in figure 1(R) on page 7 of ANSI C79.1–1994.’’. ‘‘(i) a bulged section below the major di- SEC. 211. ACCELERATED PROCUREMENT OF EN- (b) STANDARDS FOR FLUORESCENT LAMPS ERGY EFFICIENT LIGHTING. ameter of the bulb and above the approxi- AND INCANDESCENT REFLECTOR LAMPS.—Sec- Section 553 of the National Energy Con- mate baseline of the bulb, as shown in figure servation Policy Act (42 U.S.C. 8259b) is 1 (RB) on page 7 of ANSI C79.1–1994, incor- tion 325(i) of the Energy Policy and Con- amended by adding the following: porated by reference in section 430.22 of title servation Act (42 U.S.C. 6925(i)) is amended ‘‘(f) ACCELERATED PROCUREMENT OF ENERGY 10, Code of Federal Regulations (as in effect by striking paragraph (1) and inserting the EFFICIENT LIGHTING.— on the date of enactment of this paragraph); following: ‘‘(1) IN GENERAL.—Not later than October 1, and ‘‘(1) STANDARDS.— 2013, in accordance with guidelines issued by ‘‘(ii) a finished size and shape shown in ‘‘(A) DEFINITION OF EFFECTIVE DATE.—In the Secretary, all general purpose lighting in ANSI C78.21–1989, including the referenced this paragraph (other than subparagraph Federal buildings shall be Energy Star prod- reflective characteristics in part 7 of ANSI (D)), the term ‘effective date’ means, with re- ucts or products designated under the Fed- C78.21–1989, incorporated by reference in sec- spect to each type of lamp specified in a eral Energy Management Program. tion 430.22 of title 10, Code of Federal Regula- table contained in subparagraph (B), the last ‘‘(2) GUIDELINES.— tions (as in effect on the date of enactment day of the period of months corresponding to ‘‘(A) IN GENERAL.—Not later than 1 year of this paragraph). that type of lamp (as specified in the table) after the date of enactment of this sub- ‘‘(B) BR30.—The term ‘BR30’ means a BR that follows October 24, 1992. section, the Secretary shall issue guidelines incandescent reflector lamp with a diameter ‘‘(B) MINIMUM STANDARDS.—Each of the fol- to carry out this subsection. of 30/8ths of an inch. lowing general service fluorescent lamps and ‘‘(B) REPLACEMENT COSTS.—The guidelines ‘‘(C) BR40.—The term ‘BR40’ means a BR incandescent reflector lamps manufactured shall take into consideration the costs of re- incandescent reflector lamp with a diameter after the effective date specified in the ta- placing all general service lighting and the of 40/8ths of an inch. bles contained in this paragraph shall meet reduced cost of operation and maintenance ‘‘(54) ER INCANDESCENT REFLECTOR LAMP; or exceed the following lamp efficacy and expected to result from such replacement.’’. ER30; ER40.— CRI standards: ‘‘FLUORESCENT LAMPS

Minimum Av- Effective Nominal Min- erage Lamp Date (Pe- Lamp Type Lamp imum Efficacy riod of Wattage CRI (LPW) Months)

4-foot medium bi-pin ...... >35 W 69 75.0 36 ≤35 W 45 75.0 36 2-foot U-shaped ...... >35 W 69 68.0 36 ≤35 W 45 64.0 36 8-foot slimline ...... 65 W 69 80.0 18 ≤65 W 45 80.0 18 8-foot high output ...... >100 W 69 80.0 18 ≤100 W 45 80.0 18

‘‘INCANDESCENT REFLECTOR ‘‘(i) Lamps rated at 50 watts or less that SEC. 213. BRIGHT TOMORROW LIGHTING PRIZES. LAMPS are ER30, BR30, BR40, or ER40 lamps. (a) ESTABLISHMENT.—Not later than 1 year ‘‘(ii) Lamps rated at 65 watts that are after the date of enactment of this Act, as Min- BR30, BR40, or ER40 lamps. part of the program carried out under sec- imum Effective ‘‘(iii) R20 incandescent reflector lamps tion 1008 of the Energy Policy Act of 2005 (42 Nominal Lamp Watt- Average Date (Pe- rated 45 watts or less. U.S.C. 16396), the Secretary shall establish age Lamp Ef- riod of ‘‘(D) EFFECTIVE DATES.— and award Bright Tomorrow Lighting Prizes ficacy Months) ‘‘(i) ER, BR, AND BPAR LAMPS.—The stand- (LPW) for solid state lighting in accordance with ards specified in subparagraph (B) shall this section. apply with respect to ER incandescent re- 40–50 ...... 10.5 36 flector lamps, BR incandescent reflector (b) PRIZE SPECIFICATIONS.— 51–66 ...... 11.0 36 lamps, BPAR incandescent reflector lamps, (1) 60-WATT INCANDESCENT REPLACEMENT 67–85 ...... 12.5 36 and similar bulb shapes on and after January LAMP PRIZE.—The Secretary shall award a 60- 86–115 ...... 14.0 36 1, 2008. Watt Incandescent Replacement Lamp Prize 116–155 ...... 14.5 36 ‘‘(ii) LAMPS BETWEEN 2.25–2.75 INCHES IN DI- to an entrant that produces a solid-state 156–205 ...... 15.0 36 AMETER.—The standards specified in subpara- light package simultaneously capable of— graph (B) shall apply with respect to incan- (A) producing a luminous flux greater than ‘‘(C) EXEMPTIONS.—The standards specified descent reflector lamps with a diameter of 900 lumens; in subparagraph (B) shall not apply to the more than 2.25 inches, but not more than 2.75 (B) consuming less than or equal to 10 following types of incandescent reflector inches, on and after January 1, 2008.’’. watts; lamps:

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(C) having an efficiency greater than 90 (e) THIRD PARTY ADMINISTRATION.—The promise of even more choices over the next lumens per watt; Secretary may competitively select a third several years; (D) having a color rendering index greater party to administer awards under this sec- (4) national policy can support a rapid sub- than 90; tion. stitution of new, energy-efficient light bulbs (E) having a correlated color temperature (f) AWARD AMOUNTS.—Subject to the avail- for the less efficient products in widespread of not less than 2,750, and not more than ability of funds to carry out this section, the use; and, 3,000, degrees Kelvin; amount of— (5) transforming the United States market (F) having 70 percent of the lumen value (1) the 60-Watt Incandescent Replacement to use of more efficient lighting technologies under subparagraph (A) exceeding 25,000 Lamp Prize described in subsection (b)(1) can— hours under typical conditions expected in shall be $10,000,000; (A) reduce electric costs in the United residential use; (2) the PAR Type 38 Halogen Replacement States by more than $18,000,000,000 annually; (G) having a light distribution pattern Lamp Prize described in subsection (b)(2) (B) save the equivalent electricity that is similar to a soft 60-watt incandescent A19 shall be $5,000,000; and produced by 80 base load coal-fired power bulb; (3) the Twenty-First Century Lamp Prize plants; and (H) having a size and shape that fits within described in subsection (b)(3) shall be (C) reduce fossil fuel related emissions by the maximum dimensions of an A19 bulb in $5,000,000. approximately 158,000,000 tons each year. (g) FEDERAL PROCUREMENT OF SOLID- accordance with American National Stand- (b) SENSE OF THE SENATE.—It is the sense ards Institute standard C78.20–2003, figure STATE-LIGHTS.— of the Senate that the Senate should— C78.20–211; (1) 60-WATT INCANDESCENT REPLACEMENT.— (1) pass a set of mandatory, technology- (I) using a single contact medium screw Subject to paragraph (3), as soon as prac- neutral standards to establish firm energy socket; and ticable after the successful award of the 60- efficiency performance targets for lighting (J) mass production for a competitive sales Watt Incandescent Replacement Lamp Prize products; commercial market satisfied by the submis- under subsection (b)(1), the Secretary (in (2) ensure that the standards become effec- sion of 10,000 such units equal to or exceed- consultation with the Administrator of Gen- tive within the next 10 years; and ing the criteria described in subparagraphs eral Services) shall develop governmentwide (3) in developing the standards— (A) through (I). Federal purchase guidelines with a goal of (A) establish the efficiency requirements replacing the use of 60-watt incandescent (2) PAR TYPE 38 HALOGEN REPLACEMENT to ensure that replacement lamps will pro- lamps in Federal Government buildings with LAMP PRIZE.—The Secretary shall award a vide consumers with the same quantity of Parabolic Aluminized Reflector Type 38 a solid-state-light package described in sub- light while using significantly less energy; Halogen Replacement Lamp Prize (referred section (b)(1) by not later than the date that (B) ensure that consumers will continue to to in this section as the ‘‘PAR Type 38 Halo- is 5 years after the date the award is made. have multiple product choices, including en- gen Replacement Lamp Prize’’) to an entrant (2) PAR 38 HALOGEN REPLACEMENT LAMP RE- ergy-saving halogen, incandescent, compact that produces a solid-state-light package si- PLACEMENT.—Subject to paragraph (3), as fluorescent, and LED light bulbs; and multaneously capable of— soon as practicable after the successful (C) work with industry and key stake- (A) producing a luminous flux greater than award of the PAR Type 38 Halogen Replace- holders on measures that can assist con- or equal to 1,350 lumens; ment Lamp Prize under subsection (b)(2), the sumers and businesses in making the impor- (B) consuming less than or equal to 11 Secretary (in consultation with the Adminis- tant transition to more efficient lighting. watts; trator of General Services) shall develop gov- ernmentwide Federal purchase guidelines SEC. 215. RENEWABLE ENERGY CONSTRUCTION (C) having an efficiency greater than 123 GRANTS. lumens per watt; with the goal of replacing the use of PAR 38 halogen lamps in Federal Government build- (a) DEFINITIONS.—In this section: (D) having a color rendering index greater (1) ALASKA SMALL HYDROELECTRIC POWER.— than or equal to 90; ings with a solid-state-light package de- scribed in subsection (b)(2) by not later than The term ‘‘Alaska small hydroelectric (E) having a correlated color coordinate power’’ means power that— temperature of not less than 2,750, and not the date that is 5 years after the date the award is made. (A) is generated— more than 3,000, degrees Kelvin; (i) in the State of Alaska; (3) WAIVERS.— (F) having 70 percent of the lumen value (ii) without the use of a dam or impound- under subparagraph (A) exceeding 25,000 (A) IN GENERAL.—The Secretary or the Ad- ministrator of General Services may waive ment of water; and hours under typical conditions expected in (iii) through the use of— residential use; the application of paragraph (1) or (2) if the Secretary or Administrator determines that (I) a lake tap (but not a perched alpine (G) having a light distribution pattern lake); or similar to a PAR 38 halogen lamp; the return on investment from the purchase of a solid-state-light package described in (II) a run-of-river screened at the point of (H) having a size and shape that fits within diversion; and the maximum dimensions of a PAR 38 halo- paragraph (1) or (2) of subsection (b), respec- tively, is cost prohibitive. (B) has a nameplate capacity rating of a gen lamp in accordance with American Na- wattage that is not more than 15 megawatts. tional Standards Institute standard C78–21– (B) REPORT OF WAIVER.—If the Secretary or Administrator waives the application of (2) ELIGIBLE APPLICANT.—The term ‘‘eligi- 2003, figure C78.21–238; ble applicant’’ means any— (I) using a single contact medium screw paragraph (1) or (2), the Secretary or Admin- istrator, respectively, shall submit to Con- (A) governmental entity; socket; and (B) private utility; (J) mass production for a competitive sales gress an annual report that describes the waiver and provides a detailed justification (C) public utility; commercial market satisfied by the submis- (D) municipal utility; sion of 10,000 such units equal to or exceed- for the waiver. (h) BRIGHT LIGHT TOMORROW AWARD (E) cooperative utility; ing the criteria described in subparagraphs FUND.— (F) Indian tribes; and (A) through (I). (1) ESTABLISHMENT.—There is established (G) Regional Corporation (as defined in (3) TWENTY-FIRST CENTURY LAMP PRIZE.— in the United States Treasury a Bright Light section 3 of the Alaska Native Claims Settle- The Secretary shall award a Twenty-First Tomorrow permanent fund without fiscal ment Act (43 U.S.C. 1602)). Century Lamp Prize to an entrant that pro- year limitation to award prizes under para- (3) OCEAN ENERGY.— duces a solid-state-light-light capable of— graphs (1), (2), and (3) of subsection (b). (A) INCLUSIONS.—The term ‘‘ocean energy’’ (A) producing a light output greater than (2) SOURCES OF FUNDING.—The fund estab- includes current, wave, and tidal energy. 1,200 lumens; lished under paragraph (1) shall accept— (B) EXCLUSION.—The term ‘‘ocean energy’’ (B) having an efficiency greater than 150 (A) fiscal year appropriations; and excludes thermal energy. lumens per watt; (B) private contributions authorized under (4) RENEWABLE ENERGY PROJECT.—The term (C) having a color rendering index greater subsection (c). ‘‘renewable energy project’’ means a than 90; (i) AUTHORIZATION OF APPROPRIATIONS.— project— (D) having a color coordinate temperature There are authorized to be appropriated such (A) for the commercial generation of elec- between 2,800 and 3,000 degrees Kelvin; and sums as are necessary to carry out this sec- tricity; and (E) having a lifetime exceeding 25,000 tion. (B) that generates electricity from— hours. SEC. 214. SENSE OF SENATE CONCERNING EFFI- (i) solar, wind, or geothermal energy or (c) PRIVATE FUNDS.—The Secretary may CIENT LIGHTING STANDARDS. ocean energy; accept and use funding from private sources (a) FINDINGS.—The Senate finds that— (ii) biomass (as defined in section 203(b) of as part of the prizes awarded under this sec- (1) there are approximately 4,000,000,000 the Energy Policy Act of 2005 (42 U.S.C. tion. screw-based sockets in the United States 15852(b))); (d) TECHNICAL REVIEW.—The Secretary that contain traditional, energy-inefficient, (iii) landfill gas; or shall establish a technical review committee incandescent light bulbs; (iv) Alaska small hydroelectric power. composed of non-Federal officers to review (2) incandescent light bulbs are based on (b) RENEWABLE ENERGY CONSTRUCTION entrant data submitted under this section to technology that is more than 125 years old; GRANTS.— determine whether the data meets the prize (3) there are radically more efficient light- (1) IN GENERAL.—The Secretary shall use specifications described in subsection (b). ing alternatives in the market, with the amounts appropriated under this section to

VerDate Mar 15 2010 21:51 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JN7.REC S11JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 11, 2007 CONGRESSIONAL RECORD — SENATE S7469 make grants for use in carrying out renew- more stringent Federal energy conservation ‘‘(iii) the extent to which the State regula- able energy projects. standards are appropriate for furnaces, boil- tion would cause a burden to manufacturers (2) CRITERIA.—Not later than 180 days after ers, or central air conditioning equipment to redesign and produce the covered product the date of enactment of this Act, the Sec- than applicable Federal energy conservation type (or class), taking into consideration the retary shall set forth criteria for use in standards. extent to which the regulation would result awarding grants under this section. ‘‘(B) FINDING.—The Secretary may deter- in a reduction— (3) APPLICATION.—To receive a grant from mine that more stringent standards are ap- ‘‘(I) in the current models, or in the pro- the Secretary under paragraph (1), an eligi- propriate for up to 2 different regions only jected availability of models, that could be ble applicant shall submit to the Secretary after finding that the regional standards— shipped on the effective date of the regula- an application at such time, in such manner, ‘‘(i) would contribute to energy savings tion to the State and within the United and containing such information as the Sec- that are substantially greater than that of a States; or retary may require, including a written as- single national energy standard; and ‘‘(II) in the current or projected sales vol- surance that— ‘‘(ii) are economically justified. ume of the covered product type (or class) in (A) all laborers and mechanics employed ‘‘(C) REGIONS.—On making a determination the State and the United States. by contractors or subcontractors during con- described in subparagraph (B), the Secretary ‘‘(6) APPLICATION.—No State regulation struction, alteration, or repair that is fi- shall establish the regions so that the more shall become effective under this subsection nanced, in whole or in part, by a grant under stringent standards would achieve the max- with respect to any covered product manu- this section shall be paid wages at rates not imum level of energy savings that is techno- factured before the date specified in the de- less than those prevailing on similar con- logically feasible and economically justified. termination made by the Secretary under struction in the locality, as determined by ‘‘(D) FACTORS.—In determining the appro- paragraph (1). the Secretary of Labor in accordance with priateness of 1 or more regional standards ‘‘(7) PETITION TO WITHDRAW FEDERAL RULE sections 3141–3144, 3146, and 3147 of title 40, for furnaces, boilers, and central and com- FOLLOWING AMENDMENT OF FEDERAL STAND- United States Code; and mercial air conditioning equipment, the Sec- ARD.— (B) the Secretary of Labor shall, with re- retary shall consider all of the factors de- ‘‘(A) IN GENERAL.—If a State has issued a spect to the labor standards described in this scribed in paragraphs (1) through (4) of sec- rule under paragraph (3) with respect to a paragraph, have the authority and functions tion 325(o). covered product and subsequently a Federal set forth in Reorganization Plan Numbered ‘‘(2) STATE PETITION.—After a determina- energy conservation standard concerning the 14 of 1950 (5 U.S.C. App.) and section 3145 of tion made by the Secretary under paragraph product is amended pursuant to section 325, title 40, United States Code. (1), a State may petition the Secretary re- any person subject to the State regulation (4) NON-FEDERAL SHARE.—Each eligible ap- questing a rule that a State regulation that may file a petition with the Secretary re- plicant that receives a grant under this sub- establishes a standard for furnaces, boilers, questing the Secretary to withdraw the rule section shall contribute to the total cost of or central air conditioners become effective issued under paragraph (3) with respect to the renewable energy project constructed by at a level determined by the Secretary to be the product in the State. the eligible applicant an amount not less appropriate for the region that includes the ‘‘(B) BURDEN OF PROOF.—The Secretary than 50 percent of the total cost of the State. shall consider the petition in accordance project. ‘‘(3) RULE.—Subject to paragraphs (4) with paragraph (5) and the burden shall be on (c) AUTHORIZATION OF APPROPRIATIONS.— through (7), the Secretary may issue the rule the petitioner to show by a preponderance of There are authorized to be appropriated to during the period described in paragraph (4) the evidence that the rule received by the the Fund such sums as are necessary to and after consideration of the petition and State under paragraph (3) should be with- carry out this section. the comments of interested persons. drawn as a result of the amendment to the Subtitle B—Expediting New Energy ‘‘(4) PROCEDURE.— Federal standard. Efficiency Standards ‘‘(A) NOTICE.—The Secretary shall provide ‘‘(C) WITHDRAWAL.—If the Secretary deter- mines that the petitioner has shown that the SEC. 221. DEFINITION OF ENERGY CONSERVA- notice of any petition filed under paragraph TION STANDARD. (2) and afford interested persons a reasonable rule issued by the Secretary under paragraph Section 321 of the Energy Policy and Con- opportunity to make written comments, in- (3) should be withdrawn in accordance with servation Act (42 U.S.C. 6291) is amended by cluding rebuttal comments, on the petition. subparagraph (B), the Secretary shall with- striking paragraph (6) and inserting the fol- ‘‘(B) DECISION.—Except as provided in sub- draw the rule.’’. lowing: paragraph (C), during the 180-day period be- (b) CONFORMING AMENDMENTS.— ‘‘(6) ENERGY CONSERVATION STANDARD.— ginning on the date on which the petition is (1) Section 327 of the Energy Policy and ‘‘(A) IN GENERAL.—The term ‘energy con- filed, the Secretary shall issue the requested Conservation Act (42 U.S.C. 6297) is amend- servation standard’ means 1 or more per- rule or deny the petition. ed— formance standards that prescribe a min- ‘‘(C) EXTENSION.—The Secretary may pub- (A) in subsection (b)— imum level of energy efficiency or a max- lish in the Federal Register a notice— (i) in paragraph (2), by striking ‘‘sub- imum quantity of energy use and, in the case ‘‘(i) extending the period to a specified section (e)’’ and inserting ‘‘subsection (f)’’; of a showerhead, faucet, water closet, urinal, date, but not longer than 1 year after the and clothes washer, and dishwasher, water use, date on which the petition is filed; and (ii) in paragraph (3)— for a covered product, determined in accord- ‘‘(ii) describing the reasons for the delay. (I) by striking ‘‘subsection (f)(1)’’ and in- ance with test procedures prescribed under ‘‘(D) DENIALS.—If the Secretary denies a serting ‘‘subsection (g)(1)’’; and section 323. petition under this subsection, the Secretary (II) by striking ‘‘subsection (f)(2)’’ and in- ‘‘(B) INCLUSIONS.—The term ‘energy con- shall publish in the Federal Register notice serting ‘‘subsection (g)(2)’’; and servation standard’ includes— of, and the reasons for, the denial. (B) in subsection (c)(3), by striking ‘‘sub- ‘‘(i) 1 or more design requirements, as part ‘‘(5) FINDING OF SIGNIFICANT BURDEN ON section (f)(3)’’ and inserting ‘‘subsection of a consensus agreement under section MANUFACTURING, MARKETING, DISTRIBUTION, (g)(3)’’. 325(hh); and SALE, OR SERVICING OF COVERED PRODUCT ON (2) Section 345(b)(2) of the Energy Policy ‘‘(ii) any other requirements that the Sec- NATIONAL BASIS.— and Conservation Act (42 U.S.C. 6316(b)(2)) is retary may prescribe under subsections (o) ‘‘(A) IN GENERAL.—The Secretary may not amended by adding at the end the following: and (r) of section 325. issue a rule under this subsection if the Sec- ‘‘(E) RELATIONSHIP TO CERTAIN STATE REGU- ‘‘(C) EXCLUSION.—The term ‘energy con- retary finds (and publishes the finding) that LATIONS.—Notwithstanding subparagraph servation standard’ does not include a per- interested persons have established, by a pre- (A), a standard prescribed or established formance standard for a component of a fin- ponderance of the evidence, that the State under section 342(a) with respect to the ished covered product.’’. regulation will significantly burden manu- equipment specified in subparagraphs (B), (C), (D), (H), (I), and (J) of section 340 shall SEC. 222. REGIONAL EFFICIENCY STANDARDS facturing, marketing, distribution, sale, or FOR HEATING AND COOLING PROD- servicing of a covered product on a national not supersede a State regulation that is ef- UCTS. basis. fective under the terms, conditions, criteria, (a) IN GENERAL.—Section 327 of the Energy ‘‘(B) FACTORS.—In determining whether to procedures, and other requirements of sec- Policy and Conservation Act (42 U.S.C. 6297) make a finding described in subparagraph tion 327(e).’’. is amended— (A), the Secretary shall evaluate all relevant SEC. 223. FURNACE FAN RULEMAKING. (1) by redesignating subsections (e), (f), and factors, including— Section 325(f)(3) of the Energy Policy and (g) as subsections (f), (g), and (h), respec- ‘‘(i) the extent to which the State regula- Conservation Act (42 U.S.C. 6295(f)(3)) is tively; and tion will increase manufacturing or distribu- amended by adding at the end the following: (2) by inserting after subsection (d) the fol- tion costs of manufacturers, distributors, ‘‘(E) FINAL RULE.— lowing: and others; ‘‘(i) IN GENERAL.—The Secretary shall pub- ‘‘(e) REGIONAL EFFICIENCY STANDARDS FOR ‘‘(ii) the extent to which the State regula- lish a final rule to carry out this subsection HEATING AND COOLING PRODUCTS.— tion will disadvantage smaller manufactur- not later than December 31, 2014. ‘‘(1) IN GENERAL.— ers, distributors, or dealers or lessen com- ‘‘(ii) CRITERIA.—The standards shall meet ‘‘(A) DETERMINATION.—The Secretary may petition in the sale of the covered product in the criteria established under subsection determine, after notice and comment, that the State; and (o).’’.

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SEC. 224. EXPEDITED RULEMAKINGS. U.S.C. 6293(b)(1)) is amended by striking ‘‘(ii) MORE STRINGENT STANDARD.—Clause Section 325 of the Energy Policy and Con- ‘‘(1)’’ and all that follows through the end of (i) shall not apply if the Secretary deter- servation Act (42 U.S.C. 6295) is amended by the paragraph and inserting the following: mines, by rule published in the Federal Reg- adding at the end the following: ‘‘(1) TEST PROCEDURES.— ister, and supported by clear and convincing ‘‘(hh) EXPEDITED RULEMAKING FOR CON- ‘‘(A) AMENDMENT.—At least once every 7 evidence, that adoption of a uniform na- SENSUS STANDARDS.— years, the Secretary shall review test proce- tional standard more stringent than the ‘‘(1) IN GENERAL.—The Secretary shall con- dures for all covered products and— amended ASHRAE/IES Standard 90.1 for the duct an expedited rulemaking based on an ‘‘(i) amend test procedures with respect to product would result in significant addi- energy conservation standard or test proce- any covered product, if the Secretary deter- tional conservation of energy and is techno- dure recommended by interested persons, if— mines that amended test procedures would logically feasible and economically justified. ‘‘(A) the interested persons (demonstrating more accurately or fully comply with the re- ‘‘(C) RULE.—If the Secretary makes a de- significant and broad support from manufac- quirements of paragraph (3); or termination described in subparagraph turers of a covered product, States, utilities, ‘‘(ii) publish notice in the Federal Register (B)(ii) for a product described in subpara- and environmental, energy efficiency, and of any determination not to amend a test graph (A), not later than 30 months after the consumer advocates) submit a joint com- procedure.’’. date of publication of the amendment to the ment or petition recommending a consensus (b) ENERGY CONSERVATION STANDARDS.— ASHRAE/IES Standard 90.1 for the product, energy conservation standard or test proce- Section 325 of the Energy Policy and Con- the Secretary shall issue the rule estab- dure; and servation Act (42 U.S.C. 6295) is amended by lishing the amended standard. striking subsection (m) and inserting the fol- ‘‘(B) the Secretary determines that the ‘‘(D) AMENDMENT OF STANDARDS.— lowing: joint comment or petition includes evidence ‘‘(i) IN GENERAL.—After issuance of the ‘‘(m) FURTHER RULEMAKING.— that (assuming no other evidence were con- most recent final rule for a product under ‘‘(1) IN GENERAL.—After issuance of the last sidered) provides an adequate basis for deter- this subsection, not later than 5 years after final rules required for a product under this mining that the proposed consensus energy the date of issuance of a final rule estab- part, the Secretary shall, not later than 5 conservation standard or test procedure pro- lishing or amending a standard or deter- years after the date of issuance of a final posed in the joint comment or petition com- rule establishing or amending a standard or mining not to amend a standard, the Sec- plies with the provisions and criteria of this determining not to amend a standard, pub- retary shall publish a final rule to determine Act (including subsection (o)) that apply to lish a final rule to determine whether stand- whether standards for the product should be the type or class of covered products covered ards for the product should be amended amended based on the criteria described in by the joint comment or petition. based on the criteria described in subsection subparagraph (A). ‘‘(2) PROCEDURE.— (n)(2). ‘‘(ii) ANALYSIS.—Prior to publication of the ‘‘(A) IN GENERAL.—Notwithstanding sub- determination, the Secretary shall publish a ‘‘(2) ANALYSIS.—Prior to publication of the section (p) or section 336(a), if the Secretary determination, the Secretary shall publish a notice of availability describing the analysis receives a joint comment or petition that notice of availability describing the analysis of the Department and provide opportunity meets the criteria described in paragraph (1), of the Department and provide opportunity for written comment. the Secretary shall conduct an expedited for written comment. ‘‘(iii) FINAL RULE.—Not later than 3 years rulemaking with respect to the standard or after a positive determination under clause ‘‘(3) FINAL RULE.—Not later than 3 years test procedure proposed in the joint com- after a positive determination under para- (i), the Secretary shall publish a final rule ment or petition in accordance with this graph (1), the Secretary shall publish a final amending the standard for the product.’’. (d) TEST PROCEDURES.—Section 343(a) of paragraph. rule amending the standard for the product. ‘‘(B) ADVANCED NOTICE OF PROPOSED RULE- the Energy Policy and Conservation Act (42 ‘‘(4) APPLICATION OF AMENDMENT.—An U.S.C. 6313(a)) is amended by striking ‘‘(a)’’ MAKING.—If no advanced notice of proposed amendment prescribed under this subsection rulemaking has been issued under subsection and all that follows through the end of para- shall apply to a product manufactured after graph (1) and inserting the following: (p)(1) with respect to the rulemaking covered a date that is 5 years after— by the joint comment or petition, the re- ‘‘(a) PRESCRIPTION BY SECRETARY; REQUIRE- ‘‘(A) the effective date of the previous MENTS.— quirements of subsection (p) with respect to amendment made pursuant to this part; or the issuance of an advanced notice of pro- ‘‘(1) TEST PROCEDURES.— ‘‘(B) if the previous final rule published ‘‘(A) AMENDMENT.—At least once every 7 posed rulemaking shall not apply. under this part did not amend the standard, ‘‘(C) PUBLICATION OF DETERMINATION.—Not years, the Secretary shall conduct an evalua- the earliest date by which a previous amend- tion of each class of covered equipment and— later than 60 days after receipt of a joint ment could have been in effect, except that comment or petition described in paragraph ‘‘(i) if the Secretary determines that in no case may an amended standard apply amended test procedures would more accu- (1)(A), the Secretary shall publish a descrip- to products manufactured within 3 years tion of a determination as to whether the rately or fully comply with the requirements after publication of the final rule estab- of paragraphs (2) and (3), shall prescribe test proposed standard or test procedure covered lishing a standard.’’. by the joint comment or petition meets the procedures for the class in accordance with (c) STANDARDS.—Section 342(a) of the En- this section; or criteria described in paragraph (1). ergy Policy and Conservation Act (42 U.S.C. ‘‘(ii) shall publish notice in the Federal ‘‘(D) PROPOSED RULE.— 6313(a)) is amended by striking paragraph (6) Register of any determination not to amend ‘‘(i) PUBLICATION.—If the Secretary deter- and inserting the following: a test procedure.’’. mines that the proposed consensus standard ‘‘(6) AMENDED ENERGY EFFICIENCY STAND- (e) EFFECTIVE DATE.—The amendments or test procedure covered by the joint com- ARDS.— ment or petition meets the criteria described made by subsections (b) and (c) take effect ‘‘(A) ANALYSIS OF POTENTIAL ENERGY SAV- on January 1, 2012. in paragraph (1), not later than 30 days after INGS.—If ASHRAE/IES Standard 90.1 is SEC. 226. ENERGY EFFICIENCY LABELING FOR the determination, the Secretary shall pub- amended with respect to any small commer- lish a proposed rule proposing the consensus CONSUMER PRODUCTS. cial package air conditioning and heating (a) IN GENERAL.—Not later than 2 years standard or test procedure covered by the equipment, large commercial package air after the date of enactment of this Act or joint comment or petition. conditioning and heating equipment, pack- not later than 18 months after test proce- ‘‘(ii) PUBLIC COMMENT PERIOD.—Notwith- aged terminal central and commercial air dures have been developed for a consumer standing paragraphs (2) and (3) of subsection conditioners, packaged terminal heat pumps, electronics product category described in (p), the public comment period for the pro- warm-air furnaces, packaged boilers, storage subsection (b), whichever is later, the Fed- posed rule shall be the 30–day period begin- water heaters, instantaneous water heaters, eral Trade Commission, in consultation with ning on the date of the publication of the or unfired hot water storage tanks, not later the Secretary and the Administrator of the proposed rule in the Federal Register. than 180 days after the amendment of the Environmental Protection Agency shall pro- ‘‘(iii) PUBLIC HEARING.—Notwithstanding standard, the Secretary shall publish in the mulgate regulations, in accordance with the section 336(a), the Secretary may waive the Federal Register for public comment an Energy Star program and in a manner that holding of a public hearing with respect to analysis of the energy savings potential of minimizes, to the maximum extent prac- the proposed rule. amended energy efficiency standards. ticable, duplication with respect to the re- ‘‘(E) FINAL RULE.—Notwithstanding sub- ‘‘(B) AMENDED UNIFORM NATIONAL STANDARD quirements of that program and other na- section (p)(4), the Secretary— FOR PRODUCTS.— tional and international energy labeling pro- ‘‘(i) may publish a final rule at any time ‘‘(i) IN GENERAL.—Except as provided in grams, to add the consumer electronics prod- after the 60-day period beginning on the date clause (ii), not later than 18 months after the uct categories described in subsection (b) to of publication of the proposed rule in the date of publication of the amendment to the the Energy Guide labeling program of the Federal Register; and ASHRAE/IES Standard 90.1 for a product de- Commission. ‘‘(ii) shall publish a final rule not later scribed in subparagraph (A), the Secretary (b) CONSUMER ELECTRONICS PRODUCT CAT- than 120 days after the date of publication of shall establish an amended uniform national EGORIES.—The consumer electronics product the proposed rule in the Federal Register.’’. standard for the product at the minimum categories referred to in subsection (a) are SEC. 225. PERIODIC REVIEWS. level for the applicable effective date speci- the following: (a) TEST PROCEDURES.—Section 323(b)(1) of fied in the amended ASHRAE/IES Standard (1) Televisions. the Energy Policy and Conservation Act (42 90.1. (2) Personal computers.

VerDate Mar 15 2010 21:51 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JN7.REC S11JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 11, 2007 CONGRESSIONAL RECORD — SENATE S7471 (3) Cable or satellite set-top boxes. cordance with this section (including the SEC. 227. RESIDENTIAL BOILER EFFICIENCY (4) Stand-alone digital video recorder regulations). STANDARDS. boxes. Section 325(f) of the Energy Policy and (e) AUTHORITY TO INCLUDE ADDITIONAL (5) Computer monitors. Conservation Act (42 U.S.C. 6295(f)) is amend- PRODUCT CATEGORIES.—The Commission may ed— (c) LABEL PLACEMENT.—The regulations add additional product categories to the En- (1) by redesignating paragraph (3) as para- shall include specific requirements for each ergy Guide labeling program if the product graph (4); and product on the placement of Energy Guide categories include products, as determined (2) by inserting after paragraph (2) the fol- labels. by the Commission— lowing: (d) DEADLINE FOR LABELING.—Not later (1) that have an annual energy use in ex- ‘‘(3) BOILERS.— than 1 year after the date of promulgation of cess of 100 kilowatt hours per year; and ‘‘(A) IN GENERAL.—Subject to subpara- regulations under subsection (a), the Com- (2) for which there is a significant dif- graphs (B) and (C), boilers manufactured on mission shall require labeling electronic ference in energy use between the most and or after September 1, 2012, shall meet the fol- products described in subsection (b) in ac- least efficient products. lowing requirements:

Minimum Annual Boiler Type Fuel Utilization Ef- Design Requirements ficiency

Gas Hot Water 82% No Constant Burning Pilot, Automatic Means for Adjusting Water Temperature Gas Steam 80% No Constant Burning Pilot Oil Hot Water 84% Automatic Means for Adjusting Temperature Oil Steam 82% None Electric Hot Water None Automatic Means for Adjusting Temperature Electric Steam None None

‘‘(B) PILOTS.—The manufacturer shall not (i) in clause (i), by striking ‘‘bulb’’ and in- in National Electrical Manufacturers Asso- equip gas hot water or steam boilers with serting ‘‘the arc tube’’; and ciation MG–1 (2006)) for any of the following: constant-burning pilot lights. (ii) in clause (ii), by striking ‘‘has a bulb’’ ‘‘(I) A U–Frame Motor. ‘‘(C) AUTOMATIC MEANS FOR ADJUSTING and inserting ‘‘wall loading is’’; ‘‘(II) A Design C Motor. WATER TEMPERATURE.— (B) in paragraph (47)(A), by striking ‘‘oper- ‘‘(III) A close-coupled pump motor. ‘‘(i) IN GENERAL.—The manufacturer shall ating at a partial’’ and inserting ‘‘typically ‘‘(IV) A footless motor. equip each gas, oil, and electric hot water operating at a partial vapor’’; ‘‘(V) A vertical solid shaft normal thrust boiler (other than a boiler equipped with (C) in paragraph (48), by inserting ‘‘in- (tested in a horizontal configuration). tankless domestic water heating coils) with tended for general illumination’’ after ‘‘(VI) An 8-pole motor. an automatic means for adjusting the tem- ‘‘lamps’’; and ‘‘(VII) A poly-phase motor with voltage of perature of the water supplied by the boiler (D) by adding at the end the following: not more than 600 volts (other than 230 or 460 to ensure that an incremental change in in- ‘‘(56) The term ‘specialty application mer- volts).’’. ferred heat load produces a corresponding in- cury vapor lamp ballast’ means a mercury (b) STANDARDS.—Section 342(b) of the En- cremental change in the temperature of vapor lamp ballast that— ergy Policy and Conservation Act (42 U.S.C. water supplied. ‘‘(A) is designed and marketed for medical 6313(13)) is amended by striking paragraph (1) ‘‘(ii) CERTAIN BOILERS.—For a boiler that use, optical comparators, quality inspection, and inserting the following: fires at 1 input rate, the requirements of this industrial processing, or scientific use, in- ‘‘(1) STANDARDS.— subparagraph may be satisfied by providing cluding fluorescent microscopy, ultraviolet ‘‘(A) GENERAL PURPOSE ELECTRIC MOTORS— an automatic means that allows the burner curing, and the manufacture of microchips, SUBTYPE I.— or heating element to fire only when the liquid crystal displays, and printed circuit ‘‘(i) IN GENERAL.—Except as otherwise pro- means has determined that the inferred heat boards; and vided in this subparagraph, a general purpose load cannot be met by the residual heat of ‘‘(B) in the case of a specialty application electric motor—subtype I with a power rat- the water in the system. mercury vapor lamp ballast, is labeled as a ing of not less than 1, and not more than 200, ‘‘(iii) NO INFERRED HEAT LOAD.—When there specialty application mercury vapor lamp horsepower manufactured (alone or as a com- is no inferred heat load with respect to a hot ballast.’’. ponent of another piece of equipment) after water boiler, the automatic means described (2) STANDARD SETTING AUTHORITY.—Section the 3-year period beginning on the date of in clauses (i) and (ii) shall limit the tempera- 325(ee) of the Energy Policy and Conserva- enactment of this subparagraph, shall have a ture of the water in the boiler to not more tion Act (42 U.S.C. 6295(ee)) is amended by in- nominal full load efficiency established in than 140 degrees Fahrenheit. serting ‘‘(other than specialty application Table 12–12 of National Electrical Manufac- ‘‘(iv) OPERATION.—A boiler described in mercury vapor lamp ballasts)’’ after ‘‘bal- turers Association (referred to in this para- clause (i) or (ii) shall be operable only when lasts’’. graph as ‘NEMA’) MG–1 (2006). the automatic means described in clauses (i), ‘‘(ii) FIRE PUMP MOTORS.—A fire pump (ii), and (iii) is installed.’’. SEC. 229. ELECTRIC MOTOR EFFICIENCY STAND- ARDS. motor shall have a nominal full load effi- SEC. 228. TECHNICAL CORRECTIONS. ciency established in Table 12–11 of NEMA (a) DEFINITIONS.—Section 340(13) of the En- MG–1 (2006). (a) DEFINITION OF FLUORESCENT LAMP.— ergy Policy and Conservation Act (42 U.S.C. ‘‘(B) GENERAL PURPOSE ELECTRIC MOTORS Section 321(30)(B)(viii) of the Energy Policy — 6311(13)) is amended by striking subpara- SUBTYPE II.—A general purpose electric and Conservation Act (42 U.S.C. graph (A) and inserting the following: motor—subtype II with a power rating of not 6291(30)(B)(viii)) is amended by striking ‘‘82’’ ‘‘(A)(i) The term ‘electric motor’ means— less than 1, and not more than 200, horse- and inserting ‘‘87’’. ‘‘(I) a general purpose electric motor— power manufactured (alone or as a compo- (b) STANDARDS FOR COMMERCIAL PACKAGE subtype I; and nent of another piece of equipment) after the AIR CONDITIONING AND HEATING EQUIPMENT.— ‘‘(II) a general purpose electric motor— 3-year period beginning on the date of enact- Section 342(a)(1) of the Energy Policy and subtype II. ment of this subparagraph, shall have a Conservation Act (42 U.S.C. 6313(a)(1)) is ‘‘(ii) The term ‘general purpose electric nominal full load efficiency established in amended in the matter preceding subpara- motor—subtype I’ means any motor that is Table 12–11 of NEMA MG–1 (2006). graph (A) by striking ‘‘but before January 1, considered a general purpose motor under ‘‘(C) DESIGN B, GENERAL PURPOSE ELECTRIC 2010,’’. section 431.12 of title 10, Code of Federal Reg- MOTORS.—A NEMA Design B, general purpose (c) MERCURY VAPOR LAMP BALLASTS.— ulations (or successor regulations). electric motor with a power rating of not (1) DEFINITIONS.—Section 321 of the Energy ‘‘(iii) The term ‘general purpose electric less than 201, and not more than 500, horse- Policy and Conservation Act (42 U.S.C. 6291) motor—subtype II’ means a motor that, in power manufactured (alone or as a compo- (as amended by section 212(a)(2)) is amend- addition to the design elements for a general nent of another piece of equipment) after the ed— purpose electric motor—subtype I, incor- 3-year period beginning on the date of the (A) in paragraph (46)(A)— porates the design elements (as established enactment of this subparagraph shall have a

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nominal full load efficiency established in Minimum (2) the energy savings during the projected Table 12–11 of NEMA MG–1 (2006).’’. Energy useful life of the high-efficiency consumer (c) EFFECTIVE DATE.—The amendments Product Capacity (pints/day): Factor li- product, not to exceed 10 years, as deter- made by this section take effect on the date ters/kWh mined under regulations issued by the Sec- that is 3 years after the date of enactment of retary. this Act. 54.01–75.00 ...... 1.70 SEC. 233. INDUSTRIAL EFFICIENCY PROGRAM. Greater than 75.00 ...... 2.5.’’. SEC. 230. ENERGY STANDARDS FOR HOME APPLI- (a) DEFINITIONS.—In this section: ANCES. (1) ELIGIBLE ENTITY.—The term eligible en- (a) DEFINITION OF ENERGY CONSERVATION (e) ENERGY STAR PROGRAM.—Section tity means— STANDARD.—Section 321(6)(A) of the Energy 324A(d)(2) of the Energy Policy and Con- (A) an institution of higher education Policy and Conservation Act (42 U.S.C. servation Act (42 U.S.C. 6294a(d)(2)) is amend- under contract or in partnership with a non- 6291(6)(A)) is amended by striking ‘‘or, in the ed by striking ‘‘2010’’ and inserting ‘‘2009’’. profit or for-profit private entity acting on case of’’ and inserting ‘‘and, in the case of SEC. 231. IMPROVED ENERGY EFFICIENCY FOR behalf of an industrial or commercial sector residential clothes washers, residential dish- APPLIANCES AND BUILDINGS IN or subsector; washers,’’. COLD CLIMATES. (b) REFRIGERATORS, REFRIGERATOR-FREEZ- (a) RESEARCH.—Section 911(a)(2) of the En- (B) a nonprofit or for-profit private entity ERS, AND FREEZERS.—Section 325(b) of the ergy Policy Act of 2005 (42 U.S.C. 16191(a)(2)) acting on behalf on an industrial or commer- Energy Policy and Conservation Act (42 is amended— cial sector or subsector; or U.S.C. 6295(b)) is amended by adding at the (1) in subparagraph (C), by striking ‘‘and’’ (C) a consortia of entities acting on behalf end the following: at the end; of an industrial or commercial sector or sub- ‘‘(4) REFRIGERATORS, REFRIGERATOR-FREEZ- (2) in subparagraph (D), by striking the pe- sector. ERS, AND FREEZERS MANUFACTURED ON OR riod at the end and inserting ‘‘; and’’; and (2) ENERGY-INTENSIVE COMMERCIAL APPLICA- AFTER JANUARY 1, 2014.—Not later than De- (3) by adding at the end the following: TIONS.—The term ‘‘energy-intensive commer- cember 31, 2010, the Secretary shall publish a ‘‘(E) technologies to improve the energy ef- cial applications’’ means processes and fa- final rule determining whether to amend the ficiency of appliances and mechanical sys- cilities that use significant quantities of en- standards in effect for refrigerators, refrig- tems for buildings in cold climates, includ- ergy as part of the primary economic activi- erator-freezers, and freezers manufactured ing combined heat and power units and in- ties of the processes and facilities, includ- on or after January 1, 2014, and including any creased use of renewable resources, including ing— amended standards.’’. fuel.’’. (A) information technology data centers; (c) RESIDENTIAL CLOTHES WASHERS AND (b) REBATES.—Section 124 of the Energy (B) product manufacturing; and DISHWASHERS.—Section 325(g)(4) of the En- Policy Act of 2005 (42 U.S.C. 15821) is amend- (C) food processing. ergy Policy and Conservation Act (42 U.S.C. ed— (3) FEEDSTOCK.—The term ‘‘feedstock’’ 6295(g)(4)) is amended by adding at the end (1) in subsection (b)(1), by inserting ‘‘, or means the raw material supplied for use in the following: products with improved energy efficiency in manufacturing, chemical, and biological ‘‘(D) CLOTHES WASHERS.— cold climates,’’ after ‘‘residential Energy processes. ‘‘(i) CLOTHES WASHERS MANUFACTURED ON Star products’’; and (4) MATERIALS MANUFACTURERS.—The term OR AFTER JANUARY 1, 2011.—A residential (2) in subsection (e), by inserting ‘‘or prod- ‘‘materials manufacturers’’ means the en- clothes washer manufactured on or after uct with improved energy efficiency in a cold ergy-intensive primary manufacturing in- January 1, 2011, shall have— climate’’ after ‘‘residential Energy Star dustries, including the aluminum, chemicals, ‘‘(I) a modified energy factor of at least product’’ each place it appears. forest and paper products, glass, metal cast- 1.26; and SEC. 232. DEPLOYMENT OF NEW TECHNOLOGIES ing, and steel industries. ‘‘(II) a water factor of not more than 9.5. FOR HIGH-EFFICIENCY CONSUMER (5) PARTNERSHIP.—The term ‘‘partnership’’ PRODUCTS. ‘‘(ii) CLOTHES WASHERS MANUFACTURED ON means an energy efficiency and utilization (a) DEFINITIONS.—In this section: OR AFTER JANUARY 1, 2012.—Not later than partnership established under subsection (1) ENERGY SAVINGS.—The term ‘‘energy January 1, 2012, the Secretary shall publish a (c)(1)(A). savings’’ means megawatt-hours of elec- (6) PROGRAM.—The term ‘‘program’’ means final rule determining whether to amend the tricity or million British thermal units of standards in effect for residential clothes the industrial efficiency program established natural gas saved by a product, in compari- under subsection (b). washers manufactured on or after January 1, son to projected energy consumption under 2012, and including any amended standards. (b) ESTABLISHMENT OF PROGRAM.—The Sec- the energy efficiency standard applicable to retary shall establish a program under which ‘‘(E) DISHWASHERS.— the product. ISHWASHERS MANUFACTURED ON OR the Secretary, in cooperation with materials ‘‘(i) D (2) HIGH-EFFICIENCY CONSUMER PRODUCT.— manufacturers, companies engaged in en- AFTER JANUARY 1, 2010.—A dishwasher manu- The term ‘‘high-efficiency consumer prod- ergy-intensive commercial applications, and factured on or after January 1, 2010, shall use uct’’ means a product that exceeds the en- national industry trade associations rep- not more than— ergy efficiency of comparable products avail- resenting the manufactures and companies, ‘‘(I) in the case of a standard-size dish- able in the market by a percentage deter- shall support, develop, and promote the use washer, 355 kWh per year or 6.5 gallons of mined by the Secretary to be an appropriate of new materials manufacturing and indus- water per cycle; and benchmark for the consumer product cat- trial and commercial processes, tech- ‘‘(II) in the case of a compact-size dish- egory competing for an award under this sec- nologies, and techniques to optimize energy washer, 260 kWh per year or 4.5 gallons of tion. water per cycle. (b) FINANCIAL INCENTIVES PROGRAM.—Effec- efficiency and the economic competitiveness ‘‘(ii) DISHWASHERS MANUFACTURED ON OR tive beginning October 1, 2007, the Secretary of the United States. AFTER JANUARY 1, 2018.—Not later than Janu- shall competitively award financial incen- (c) PARTNERSHIPS.— ary 1, 2015, the Secretary shall publish a tives under this section for the manufacture (1) IN GENERAL.—As part of the program, final rule determining whether to amend the of high-efficiency consumer products. the Secretary shall— standards for dishwashers manufactured on (c) REQUIREMENTS.— (A) establish energy efficiency and utiliza- or after January 1, 2018, and including any (1) IN GENERAL.—The Secretary shall make tion partnerships between the Secretary and amended standards.’’. awards under this section to manufacturers eligible entities to conduct research on, de- (d) DEHUMIDIFIERS.—Section 325(cc) of the of high-efficiency consumer products, based velop, and demonstrate new processes, tech- Energy Policy and Conservation Act (42 on the bid of each manufacturer in terms of nologies, and operating practices and tech- U.S.C. 6295(cc)) is amended— dollars per megawatt-hour or million British niques to significantly improve energy effi- (1) in paragraph (1), by inserting ‘‘and be- thermal units saved. ciency and utilization by materials manufac- fore October 1, 2012,’’ after ‘‘2007,’’; and (2) ACCEPTANCE OF BIDS.—In making awards turers and in energy-intensive commercial (2) by striking paragraph (2) and inserting under this section, the Secretary shall— applications, including the conduct of activi- the following: (A) solicit bids for reverse auction from ap- ties to— ‘‘(2) DEHUMIDIFIERS MANUFACTURED ON OR propriate manufacturers, as determined by (i) increase the energy efficiency of indus- AFTER OCTOBER 1, 2012.—Dehumidifiers manu- the Secretary; and trial and commercial processes and facilities factured on or after October 1, 2012, shall (B) award financial incentives to the man- in energy-intensive commercial application have an Energy Factor that meets or exceeds ufacturers that submit the lowest bids that sectors; the following values: meet the requirements established by the (ii) research, develop, and demonstrate ad- Secretary. vanced technologies capable of energy inten- Minimum (d) FORMS OF AWARDS.—An award for a sity reductions and increased environmental Energy high-efficiency consumer product under this performance in energy-intensive commercial Product Capacity (pints/day): Factor li- section shall be in the form of a lump sum application sectors; and ters/kWh payment in an amount equal to the product (iii) promote the use of the processes, tech- obtained by multiplying— nologies, and techniques described in clauses Up to 35.00 ...... 1.35 (1) the amount of the bid by the manufac- (i) and (ii); and 35.01–45.00 ...... 1.50 turer of the high-efficiency consumer prod- (B) pay the Federal share of the cost of any 45.01–54.00 ...... 1.60 uct; and eligible partnership activities for which a

VerDate Mar 15 2010 21:51 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JN7.REC S11JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 11, 2007 CONGRESSIONAL RECORD — SENATE S7473 proposal has been submitted and approved in posites) required for the construction of (B) installed for the purpose of meeting the accordance with paragraph (3)(B). lighter-weight vehicles may be reduced. performance requirements of advanced tech- (2) ELIGIBLE ACTIVITIES.—Partnership ac- (b) AUTHORIZATION OF APPROPRIATIONS.— nology vehicles. tivities eligible for financial assistance There is authorized to be appropriated to (b) ADVANCED VEHICLES MANUFACTURING under this subsection include— carry out this section $60,000,000 for each of FACILITY.—The Secretary shall provide facil- (A) feedstock and recycling research, de- fiscal years 2007 through 2012. ity funding awards under this section to velopment, and demonstration activities to SEC. 242. LOAN GUARANTEES FOR FUEL-EFFI- automobile manufacturers and component identify and promote— CIENT AUTOMOBILE PARTS MANU- suppliers to pay not more than 30 percent of (i) opportunities for meeting manufac- FACTURERS. the cost of— turing feedstock requirements with more en- (a) IN GENERAL.—Section 712(a) of the En- (1) reequipping, expanding, or establishing ergy efficient and flexible sources of feed- ergy Policy Act of 2005 (42 U.S.C. 16062(a)) is a manufacturing facility in the United stock or energy supply; amended in the second sentence by striking States to produce— (ii) strategies to develop and deploy tech- ‘‘grants to automobile manufacturers’’ and (A) qualifying advanced technology vehi- nologies that improve the quality and quan- inserting ‘‘grants and loan guarantees under cles; or tity of feedstocks recovered from process and section 1703 to automobile manufacturers (B) qualifying components; and waste streams; and and suppliers’’. (2) engineering integration performed in (iii) other methods using recycling, reuse, (b) CONFORMING AMENDMENT.—Section the United States of qualifying vehicles and and improved industrial materials; 1703(b) of the Energy Policy Act of 2005 (42 qualifying components. (B) industrial and commercial energy effi- U.S.C. 16513(b)) is amended by striking para- (c) PERIOD OF AVAILABILITY.—An award ciency and sustainability assessments to— graph (8) and inserting the following: under subsection (b) shall apply to— (i) assist individual industrial and com- ‘‘(8) Production facilities for the manufac- (1) facilities and equipment placed in serv- mercial sectors in developing tools, tech- ture of fuel efficient vehicles or parts of ice before December 30, 2017; and niques, and methodologies to assess— those vehicles, including electric drive trans- (2) engineering integration costs incurred (I) the unique processes and facilities of portation technology and advanced diesel ve- during the period beginning on the date of the sectors; hicles.’’. enactment of this Act and ending on Decem- (II) the energy utilization requirements of SEC. 243. ADVANCED TECHNOLOGY VEHICLES ber 30, 2017. the sectors; and (d) IMPROVEMENT.—The Secretary shall (III) the application of new, more energy MANUFACTURING INCENTIVE PRO- GRAM. issue regulations that require that, in order efficient technologies; and (a) DEFINITIONS.—In this section: for an automobile manufacturer to be eligi- (ii) conduct energy savings assessments; ble for an award under this section during a (C) the incorporation of technologies and (1) ADJUSTED AVERAGE FUEL ECONOMY.—The term ‘‘adjusted average fuel economy’’ particular year, the adjusted average fuel innovations that would significantly im- economy of the manufacturer for light duty prove the energy efficiency and utilization of means the average fuel economy of a manu- facturer for all light duty vehicles produced vehicles produced by the manufacturer dur- energy-intensive commercial applications; ing the most recent year for which data are and by the manufacturer, adjusted such that the fuel economy of each vehicle that qualifies available shall be not less than the average (D) any other activities that the Secretary fuel economy for all light duty vehicles of determines to be appropriate. for an award shall be considered to be equal the manufacturer for model year 2005. (3) PROPOSALS.— to the average fuel economy for vehicles of a SEC. 244. ENERGY STORAGE COMPETITIVENESS. (A) IN GENERAL.—To be eligible for finan- similar footprint for model year 2005. cial assistance under this subsection, a part- (2) ADVANCED TECHNOLOGY VEHICLE.—The (a) SHORT TITLE.—This section may be nership shall submit to the Secretary a pro- term ‘‘advanced technology vehicle’’ means cited as the ‘‘United States Energy Storage posal that describes the proposed research, a light duty vehicle that meets— Competitiveness Act of 2007’’. development, or demonstration activity to (A) the Bin 5 Tier II emission standard es- (b) ENERGY STORAGE SYSTEMS FOR MOTOR be conducted by the partnership. tablished in regulations issued by the Ad- TRANSPORTATION AND ELECTRICITY TRANS- (B) REVIEW.—After reviewing the sci- ministrator of the Environmental Protection MISSION AND DISTRIBUTION.— entific, technical, and commercial merit of a Agency under section 202(i) of the Clean Air (1) DEFINITIONS.—In this subsection: proposals submitted under subparagraph (A), Act (42 U.S.C. 7521(i)), or a lower-numbered (A) COUNCIL.—The term ‘‘Council’’ means the Secretary shall approve or disapprove Bin emission standard; the Energy Storage Advisory Council estab- the proposal. (B) any new emission standard for fine par- lished under paragraph (3). (C) COMPETITIVE AWARDS.—The provision of ticulate matter prescribed by the Adminis- (B) COMPRESSED AIR ENERGY STORAGE.—The financial assistance under this subsection trator under that Act (42 U.S.C. 7401 et seq.); term ‘‘compressed air energy storage’’ shall be on a competitive basis. and means, in the case of an electricity grid ap- (4) COST-SHARING REQUIREMENT.—In car- (C) at least 125 percent of the average base plication, the storage of energy through the rying out this section, the Secretary shall year combined fuel economy, calculated on compression of air. require cost sharing in accordance with sec- an energy-equivalent basis, for vehicles of a (C) DEPARTMENT.—The term ‘‘Department’’ tion 988 of the Energy Policy Act of 2005 (42 substantially similar footprint. means the Department of Energy. U.S.C. 16352). (3) COMBINED FUEL ECONOMY.—The term (D) FLYWHEEL.—The term ‘‘flywheel’’ (d) AUTHORIZATION OF APPROPRIATIONS.— ‘‘combined fuel economy’’ means— means, in the case of an electricity grid ap- (1) IN GENERAL.—There are authorized to be (A) the combined city/highway miles per plication, a device used to store rotational appropriated to the Secretary to carry out gallon values, as reported in accordance with kinetic energy. this section— section 32908 of title 49, United States Code; (E) ULTRACAPACITOR.—The term (A) $184,000,000 for fiscal year 2008; and ‘‘ultracapacitor’’ means an energy storage (B) $190,000,000 for fiscal year 2009; (B) in the case of an electric drive vehicle device that has a power density comparable (C) $196,000,000 for fiscal year 2010; with the ability to recharge from an off- to conventional capacitors but capable of ex- (D) $202,000,000 for fiscal year 2011; board source, the reported mileage, as deter- ceeding the energy density of conventional (E) $208,000,000 for fiscal year 2012; and mined in a manner consistent with the Soci- capacitors by several orders of magnitude. (F) such sums as are necessary for fiscal ety of Automotive Engineers recommended (2) PROGRAM.—The Secretary shall carry year 2013 and each fiscal year thereafter. practice for that configuration or a similar out a research, development, and demonstra- (2) PARTNERSHIP ACTIVITIES.—Of the practice recommended by the Secretary, tion program to support the ability of the amounts made available under paragraph (1), using a petroleum equivalence factor for the United States to remain globally competi- not less than 50 percent shall be used to pay off-board electricity (as defined in section tive in energy storage systems for motor the Federal share of partnership activities 474 of title 10, Code of Federal Regulations). transportation and electricity transmission under subsection (c). (4) ENGINEERING INTEGRATION COSTS.—The and distribution. Subtitle C—Promoting High Efficiency Vehi- term ‘‘engineering integration costs’’ in- (3) ENERGY STORAGE ADVISORY COUNCIL.— cles, Advanced Batteries, and Energy Stor- cludes the cost of engineering tasks relating (A) ESTABLISHMENT.—Not later than 90 age to— days after the date of enactment of this Act, SEC. 241. LIGHTWEIGHT MATERIALS RESEARCH (A) incorporating qualifying components the Secretary shall establish an Energy AND DEVELOPMENT. into the design of advanced technology vehi- Storage Advisory Council. (a) IN GENERAL.—As soon as practicable cles; and (B) COMPOSITION.— after the date of enactment of this Act, the (B) designing new tooling and equipment (i) IN GENERAL.—Subject to clause (ii), the Secretary shall establish a research and de- for production facilities that produce quali- Council shall consist of not less than 15 indi- velopment program to determine ways in fying components or advanced technology viduals appointed by the Secretary, based on which— vehicles. recommendations of the National Academy (1) the weight of vehicles may be reduced (5) QUALIFYING COMPONENTS.—The term of Sciences. to improve fuel efficiency without compro- ‘‘qualifying components’’ means components (ii) ENERGY STORAGE INDUSTRY.—The Coun- mising passenger safety; and that the Secretary determines to be— cil shall consist primarily of representatives (2) the cost of lightweight materials (such (A) specially designed for advanced tech- of the energy storage industry of the United as steel alloys, fiberglass, and carbon com- nology vehicles; and States.

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(iii) CHAIRPERSON.—The Secretary shall se- sharing in accordance with section 988 of the fiscal year only to make grants local and lect a Chairperson for the Council from Energy Policy Act of 2005 (42 U.S.C. 16352). municipal governments. among the members appointed under clause (F) NATIONAL LABORATORIES.—A national (b) NEAR-TERM OIL SAVING TRANSPOR- (i). laboratory (as defined in section 2 of the En- TATION DEPLOYMENT PROGRAM.— (C) MEETINGS.— ergy Policy Act of 2005 (42 U.S.C. 15801)) may (1) DEFINITION OF QUALIFIED TRANSPOR- (i) IN GENERAL.—The Council shall meet participate in a center established under this TATION PROJECT.—In this subsection, the not less than once a year. paragraph, including a cooperative research term ‘‘qualified transportation project’’ (ii) FEDERAL ADVISORY COMMITTEE ACT.— and development agreement (as defined in means— The Federal Advisory Committee Act (5 section 12(d) of the Stevenson-Wydler Tech- (A) a project that simultaneously reduces U.S.C. App. 2) shall apply to a meeting of the nology Innovation Act of 1980 (15 U.S.C. emissions of criteria pollutants, greenhouse Council. 3710a(d))). gas emissions, and petroleum usage by at (D) PLANS.—No later than 1 year after the (G) INTELLECTUAL PROPERTY.—A partici- least 40 percent as compared to commer- date of enactment of this Act, in conjunction pant shall be provided appropriate intellec- cially available, petroleum-based tech- with the Secretary, the Council shall develop tual property rights commensurate with the nologies used in nonroad vehicles; and 5-year plans for integrating basic and applied nature of the participation agreement of the (B) an electrification project involving research so that the United States retains a participant. onroad commercial trucks, rail transpor- globally competitive domestic energy stor- (7) REVIEW BY NATIONAL ACADEMY OF tation, or ships, and any associated infra- age industry for motor transportation and SCIENCES.—Not later than 5 years after the structure (including any panel upgrades, bat- electricity transmission and distribution. date of enactment of this Act, the Secretary tery chargers, trenching, and alternative (E) REVIEW.—The Council shall— shall offer to enter into an arrangement with fuel infrastructure). (i) assess the performance of the Depart- the National Academy of Sciences to assess (2) PROGRAM.—Not later than 1 year after ment in meeting the goals of the plans devel- the performance of the Department in mak- the date of enactment of this Act, the Sec- oped under subparagraph (D); and ing the United States globally competitive retary, in consultation with the Secretary of (ii) make specific recommendations to the in energy storage systems for motor trans- Transportation, shall establish a program to Secretary on programs or activities that portation and electricity transmission and provide grants to eligible entities for the should be established or terminated to meet distribution. conduct of qualified transportation projects. those goals. (8) AUTHORIZATION OF APPROPRIATIONS.— (3) PRIORITY.—In providing grants under (4) BASIC RESEARCH PROGRAM.— There are authorized to be appropriated to this subsection, the Secretary shall give pri- (A) BASIC RESEARCH.—The Secretary shall carry out— ority to large-scale projects and large-scale conduct a basic research program on energy (A) the basic research program under para- aggregators of projects. storage systems to support motor transpor- graph (4) $50,000,000 for each of fiscal years (4) COST SHARING.—Section 988 of the En- tation and electricity transmission and dis- 2008 through 2017; ergy Policy Act of 2005 (42 U.S.C. 16352) shall tribution, including— (B) the applied research program under apply to a grant made under this subsection. (i) materials design; paragraph (5) $80,000,000 for each of fiscal (5) AUTHORIZATION OF APPROPRIATIONS.— (ii) materials synthesis and characteriza- years 2008 through 2017; and; There are authorized to carry this subsection tion; (C) the energy storage research center pro- $90,000,000 for each of fiscal years 2008 (iii) electrolytes, including bioelectrolytes; gram under paragraph (6) $100,000,000 for each through 2013. (iv) surface and interface dynamics; and of fiscal years 2008 through 2017. Subtitle D—Setting Energy Efficiency Goals (v) modeling and simulation. SEC. 245. ADVANCED TRANSPORTATION TECH- SEC. 251. NATIONAL GOALS FOR ENERGY SAV- (B) NANOSCIENCE CENTERS.—The Secretary NOLOGY PROGRAM. INGS IN TRANSPORTATION. shall ensure that the nanoscience centers of (a) ELECTRIC DRIVE VEHICLE DEMONSTRA- (a) GOALS.—The goals of the United States TION PROGRAM.— the Department— are to reduce gasoline usage in the United EFINITION OF ELECTRIC DRIVE VEHI- (i) support research in the areas described (1) D States from the levels projected under sub- in subparagraph (A), as part of the mission of CLE.—In this subsection, the term ‘‘electric section (b) by— drive vehicle’’ means a precommercial vehi- the centers; and (1) 20 percent by calendar year 2017; cle that— (ii) coordinate activities of the centers (2) 35 percent by calendar year 2025; and (A) draws motive power from a battery with activities of the Council. (3) 45 percent by calendar year 2030. with at least 4 kilowatt-hours of electricity; (5) APPLIED RESEARCH PROGRAM.—The Sec- (b) MEASUREMENT.—For purposes of sub- retary shall conduct an applied research pro- (B) can be recharged from an external section (a), reduction in gasoline usage shall gram on energy storage systems to support source of electricity for motive power; and be measured from the estimates for each motor transportation and electricity trans- (C) is a light-, medium-, or heavy-duty year in subsection (a) contained in the ref- mission and distribution technologies, in- onroad or nonroad vehicle. erence case in the report of the Energy Infor- cluding— (2) PROGRAM.—The Secretary shall estab- mation Administration entitled ‘‘Annual En- (A) ultracapacitors; lish a competitive program to provide grants ergy Outlook 2007’’. (B) flywheels; for demonstrations of electric drive vehicles. (c) STRATEGIC PLAN.— (C) batteries; (3) ELIGIBILITY.—A State government, local (1) IN GENERAL.—Not later than 1 year after (D) compressed air energy systems; government, metropolitan transportation the date of enactment of this Act, the Sec- (E) power conditioning electronics; and authority, air pollution control district, pri- retary, in cooperation with the Adminis- (F) manufacturing technologies for energy vate entity, and nonprofit entity shall be eli- trator of the Environmental Protection storage systems. gible to receive a grant under this sub- Agency and the heads of other appropriate (6) ENERGY STORAGE RESEARCH CENTERS.— section. Federal agencies, shall develop a strategic (A) IN GENERAL.—The Secretary shall es- (4) PRIORITY.—In making grants under this plan to achieve the national goals for reduc- tablish, through competitive bids, 4 energy subsection, the Secretary shall give priority tion in gasoline usage established under sub- storage research centers to translate basic to proposals that— section (a). research into applied technologies to ad- (A) are likely to contribute to the commer- (2) PUBLIC INPUT AND COMMENT.—The Sec- vance the capability of the United States to cialization and production of electric drive retary shall develop the plan in a manner maintain a globally competitive posture in vehicles in the United States; and that provides appropriate opportunities for energy storage systems for motor transpor- (B) reduce petroleum usage. public comment. tation and electricity transmission and dis- (5) SCOPE OF DEMONSTRATIONS.—The Sec- (d) PLAN CONTENTS.—The strategic plan tribution. retary shall ensure, to the extent prac- shall— (B) PROGRAM MANAGEMENT.—The centers ticable, that the program established under (1) establish future regulatory, funding, shall be jointly managed by the Under Sec- this subsection includes a variety of applica- and policy priorities to ensure compliance retary for Science and the Under Secretary tions, manufacturers, and end-uses. with the national goals; of Energy of the Department. (6) REPORTING.—The Secretary shall re- (2) include energy savings estimates for (C) PARTICIPATION AGREEMENTS.—As a con- quire a grant recipient under this subsection each sector; and dition of participating in a center, a partici- to submit to the Secretary, on an annual (3) include data collection methodologies pant shall enter into a participation agree- basis, data relating to vehicle, performance, and compilations used to establish baseline ment with the center that requires that ac- life cycle costs, and emissions of vehicles and energy savings data. tivities conducted by the participant for the demonstrated under the grant, including (e) PLAN UPDATES.— center promote the goal of enabling the emissions of greenhouse gases. (1) IN GENERAL.—The Secretary shall— United States to compete successfully in (7) COST SHARING.—Section 988 of the En- (A) update the strategic plan biennially; global energy storage markets. ergy Policy Act of 2005 (42 U.S.C. 16352) shall and (D) PLANS.—A center shall conduct activi- apply to a grant made under this subsection. (B) include the updated strategic plan in ties that promote the achievement of the (8) AUTHORIZATIONS OF APPROPRIATIONS.— the national energy policy plan required by goals of the plans of the Council under para- There are authorized to be appropriated to section 801 of the Department of Energy Or- graph (3)(D). carry out this subsection $60,000,000 for each ganization Act (42 U.S.C. 7321). (E) COST SHARING.—In carrying out this of fiscal years 2008 through 2012, of which not (2) CONTENTS.—In updating the plan, the paragraph, the Secretary shall require cost- less than $20,000,000 shall be available each Secretary shall—

VerDate Mar 15 2010 21:51 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JN7.REC S11JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 11, 2007 CONGRESSIONAL RECORD — SENATE S7475 (A) report on progress made toward imple- (1) competitively bid contracts with 1 or (2) to enhance grid reliability; menting efficiency policies to achieve the more nationally recognized media firms for (3) to reduce line losses; national goals established under subsection the development and distribution of monthly (4) to facilitate the transition to real-time (a); and television, radio, and newspaper public serv- electricity pricing; (B) to the maximum extent practicable, ice announcements; or (5) to allow grid incorporation of more on- verify energy savings resulting from the (2) collective agreements with 1 or more site renewable energy generators; policies. nationally recognized institutes, businesses, (6) to enable electricity to displace a por- (f) REPORT TO CONGRESS AND PUBLIC.—The or nonprofit organizations for the funding, tion of the petroleum used to power the na- Secretary shall submit to Congress, and development, and distribution of monthly tional transportation system of the United make available to the public, the initial television, radio, and newspaper public serv- States; and strategic plan developed under subsection (c) ice announcements. (7) to enable broad deployment of distrib- and each updated plan. (c) USE OF FUNDS.— uted generation and demand side manage- SEC. 252. NATIONAL ENERGY EFFICIENCY IM- (1) IN GENERAL.—Amounts made available ment technology. PROVEMENT GOALS. to carry out this section shall be used for the Subtitle E—Promoting Federal Leadership in (a) GOALS.—The goals of the United States following: Energy Efficiency and Renewable Energy are— (A) ADVERTISING COSTS.— SEC. 261. FEDERAL FLEET CONSERVATION RE- (1) to achieve an improvement in the over- (i) The purchase of media time and space. QUIREMENTS. all energy productivity of the United States (ii) Creative and talent costs. (a) FEDERAL FLEET CONSERVATION REQUIRE- (measured in gross domestic product per unit (iii) Testing and evaluation of advertising. MENTS.— of energy input) of at least 2.5 percent per (iv) Evaluation of the effectiveness of the (1) IN GENERAL.—Part J of title III of the year by the year 2012; and media campaign. Energy Policy and Conservation Act (42 (2) to maintain that annual rate of im- (B) ADMINISTRATIVE COSTS.—Operational U.S.C. 6374 et seq.) is amended by adding at provement each year through 2030. and management expenses. the end the following: (b) STRATEGIC PLAN.— (2) LIMITATIONS.—In carrying out this sec- ‘‘SEC. 400FF. FEDERAL FLEET CONSERVATION (1) IN GENERAL.—Not later than 1 year after tion, the Secretary shall allocate not less REQUIREMENTS. the date of enactment of this Act, the Sec- than 85 percent of funds made available ‘‘(a) MANDATORY REDUCTION IN PETROLEUM retary, in cooperation with the Adminis- under subsection (e) for each fiscal year for CONSUMPTION.— trator of the Environmental Protection the advertising functions specified under ‘‘(1) IN GENERAL.—The Secretary shall issue Agency and the heads of other appropriate paragraph (1)(A). regulations (including provisions for waivers Federal agencies, shall develop a strategic (d) REPORTS.—The Secretary shall annu- from the requirements of this section) for plan to achieve the national goals for im- ally submit to Congress a report that de- Federal fleets subject to section 400AA re- provement in energy productivity estab- scribes— quiring that not later than October 1, 2015, lished under subsection (a). (1) the strategy of the national media cam- each Federal agency achieve at least a 20 (2) PUBLIC INPUT AND COMMENT.—The Sec- paign and whether specific objectives of the percent reduction in petroleum consump- retary shall develop the plan in a manner campaign were accomplished, including— tion, and that each Federal agency increase that provides appropriate opportunities for (A) determinations concerning the rate of alternative fuel consumption by 10 percent public input and comment. change of energy consumption, in both abso- annually, as calculated from the baseline es- (c) PLAN CONTENTS.—The strategic plan lute and per capita terms; and tablished by the Secretary for fiscal year shall— (B) an evaluation that enables consider- 2005. (1) establish future regulatory, funding, ation whether the media campaign contrib- ‘‘(2) PLAN.— and policy priorities to ensure compliance uted to reduction of energy consumption; ‘‘(A) REQUIREMENT.—The regulations shall with the national goals; (2) steps taken to ensure that the national require each Federal agency to develop a (2) include energy savings estimates for media campaign operates in an effective and plan to meet the required petroleum reduc- tion levels and the alternative fuel consump- each sector; and efficient manner consistent with the overall tion increases. (3) include data collection methodologies strategy and focus of the campaign; ‘‘(B) MEASURES.—The plan may allow an and compilations used to establish baseline (3) plans to purchase advertising time and agency to meet the required petroleum re- and energy savings data. space; duction level through— (d) PLAN UPDATES.— (4) policies and practices implemented to ‘‘(i) the use of alternative fuels; (1) IN GENERAL.—The Secretary shall— ensure that Federal funds are used respon- ‘‘(ii) the acquisition of vehicles with higher (A) update the strategic plan biennially; sibly to purchase advertising time and space fuel economy, including hybrid vehicles, and and eliminate the potential for waste, fraud, neighborhood electric vehicles, electric vehi- (B) include the updated strategic plan in and abuse; and cles, and plug–in hybrid vehicles if the vehi- the national energy policy plan required by (5) all contracts or cooperative agreements cles are commercially available; section 801 of the Department of Energy Or- entered into with a corporation, partnership, ‘‘(iii) the substitution of cars for light ganization Act (42 U.S.C. 7321). or individual working on behalf of the na- trucks; (2) CONTENTS.—In updating the plan, the tional media campaign. ‘‘(iv) an increase in vehicle load factors; Secretary shall— (e) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(v) a decrease in vehicle miles traveled; (A) report on progress made toward imple- (1) IN GENERAL.—There is authorized to be ‘‘(vi) a decrease in fleet size; and menting efficiency policies to achieve the appropriated to carry out this section ‘‘(vii) other measures. national goals established under subsection $5,000,000 for each of fiscal years 2008 through 2012. ‘‘(b) FEDERAL EMPLOYEE INCENTIVE PRO- (a); and GRAMS FOR REDUCING PETROLEUM CONSUMP- (B) verify, to the maximum extent prac- (2) DECREASED OIL CONSUMPTION.—The Sec- retary shall use not less than 50 percent of TION.— ticable, energy savings resulting from the ‘‘(1) IN GENERAL.—Each Federal agency policies. the amount that is made available under this section for each fiscal year to develop and shall actively promote incentive programs (e) REPORT TO CONGRESS AND PUBLIC.—The conduct a national media campaign to de- that encourage Federal employees and con- Secretary shall submit to Congress, and tractors to reduce petroleum usage through make available to the public, the initial crease oil consumption in the United States over the next decade. the use of practices such as— strategic plan developed under subsection (b) ‘‘(A) telecommuting; and each updated plan. SEC. 254. MODERNIZATION OF ELECTRICITY GRID SYSTEM. ‘‘(B) public transit; SEC. 253. NATIONAL MEDIA CAMPAIGN. (a) STATEMENT OF POLICY.—It is the policy ‘‘(C) carpooling; and (a) IN GENERAL.—The Secretary, acting of the United States that developing and de- ‘‘(D) bicycling. through the Assistant Secretary for Energy ploying advanced technology to modernize ‘‘(2) MONITORING AND SUPPORT FOR INCEN- Efficiency and Renewable Energy (referred and increase the efficiency of the electricity TIVE PROGRAMS.—The Administrator of Gen- to in this section as the ‘‘Secretary’’), shall grid system of the United States is essential eral Services, the Director of the Office of develop and conduct a national media cam- to maintain a reliable and secure electricity Personnel Management, and the Secretary of paign— transmission and distribution infrastructure Energy shall monitor and provide appro- (1) to increase energy efficiency through- that can meet future demand growth. priate support to agency programs described out the economy of the United States over (b) PROGRAMS.—The Secretary, the Federal in paragraph (1). the next decade; Energy Regulatory Commission, and other ‘‘(3) RECOGNITION.—The Secretary may es- (2) to promote the national security bene- Federal agencies, as appropriate, shall carry tablish a program under which the Secretary fits associated with increased energy effi- out programs to support the use, develop- recognizes private sector employers and ciency; and ment, and demonstration of advanced trans- State and local governments for outstanding (3) to decrease oil consumption in the mission and distribution technologies, in- programs to reduce petroleum usage through United States over the next decade. cluding real-time monitoring and analytical practices described in paragraph (1). (b) CONTRACT WITH ENTITY.—The Secretary software— ‘‘(c) REPLACEMENT TIRES.— shall carry out subsection (a) directly or (1) to maximize the capacity and efficiency ‘‘(1) IN GENERAL.—Except as provided in through— of electricity networks; paragraph (2), the regulations issued under

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subsection (a)(1) shall include a requirement (b) SUNSET AND REPORTING REQUIRE- (A) IN GENERAL.—As soon as practicable that, to the maximum extent practicable, MENTS.—Section 801 of the National Energy after the date of enactment of this Act, the each Federal agency purchase energy-effi- Conservation Policy Act (42 U.S.C. 8287) is Secretary and the Secretary of Defense shall cient replacement tires for the respective amended by striking subsection (c). jointly conduct, and submit to Congress and fleet vehicles of the agency. (c) DEFINITION OF ENERGY SAVINGS.—Sec- the President a report of, a study of the po- ‘‘(2) EXCEPTIONS.—This section does not tion 804(2) of the National Energy Conserva- tential for the use of energy savings perform- apply to— tion Policy Act (42 U.S.C. 8287c(2)) is amend- ance contracts to reduce energy consump- ‘‘(A) law enforcement motor vehicles; ed— tion and provide energy and cost savings in ‘‘(B) emergency motor vehicles; or (1) by redesignating subparagraphs (A), (B), nonbuilding applications. ‘‘(C) motor vehicles acquired and used for and (C) as clauses (i), (ii), and (iii), respec- (B) REQUIREMENTS.—The study under this military purposes that the Secretary of De- tively, and indenting appropriately; subsection shall include— fense has certified to the Secretary must be (2) by striking ‘‘means a reduction’’ and in- (i) an estimate of the potential energy and exempt for national security reasons. serting ‘‘means— cost savings to the Federal Government, in- ‘‘(d) ANNUAL REPORTS ON COMPLIANCE.— ‘‘(A) a reduction’’; cluding secondary savings and benefits, from The Secretary shall submit to Congress an (3) by striking the period at the end and in- increased efficiency in nonbuilding applica- annual report that summarizes actions serting a semicolon; and tions; taken by Federal agencies to comply with (4) by adding at the end the following: (ii) an assessment of the feasibility of ex- this section.’’. ‘‘(B) the increased efficient use of an exist- tending the use of energy savings perform- (2) TABLE OF CONTENTS AMENDMENT.—The ing energy source by cogeneration or heat ance contracts to nonbuilding applications, table of contents of the Energy Policy and recovery, and installation of renewable en- including an identification of any regulatory Conservation Act (42 U.S.C. prec. 6201) is ergy systems; or statutory barriers to such use; and amended by adding at the end of the items ‘‘(C) if otherwise authorized by Federal or (iii) such recommendations as the Sec- relating to part J of title III the following: State law (including regulations), the sale or retary and Secretary of Defense determine to transfer of electrical or thermal energy gen- ‘‘Sec. 400FF. Federal fleet conservation re- be appropriate. quirements.’’. erated on-site from renewable energy sources or cogeneration, but in excess of Federal SEC. 264. ENERGY MANAGEMENT REQUIREMENTS (b) AUTHORIZATION OF APPROPRIATIONS.— FOR FEDERAL BUILDINGS. needs, to utilities or non-Federal energy There is authorized to be appropriated to users; and Section 543(a)(1) of the National Energy carry out the amendment made by this sec- ‘‘(D) the increased efficient use of existing Conservation Policy Act (42 U.S.C. 8253(a)(1)) tion $10,000,000 for the period of fiscal years water sources in interior or exterior applica- is amended by striking the table and insert- 2008 through 2013. tions.’’. ing the following: SEC. 262. FEDERAL REQUIREMENT TO PURCHASE (d) NOTIFICATION.— ‘‘Fiscal Year Percentage reduction ELECTRICITY GENERATED BY RE- (1) AUTHORITY TO ENTER INTO CONTRACTS.— 2006 ...... 2 NEWABLE ENERGY. 2007 ...... 4 Section 203 of the Energy Policy Act of Section 801(a)(2)(D) of the National Energy 2008 ...... 9 2005 (42 U.S.C. 15852) is amended— Conservation Policy Act (42 U.S.C. 2009 ...... 12 (1) by striking subsection (a) and inserting 8287(a)(2)(D)) is amended— 2010 ...... 15 the following: (A) in clause (ii), by inserting ‘‘and’’ after 2011 ...... 18 ‘‘(a) REQUIREMENT.— the semicolon at the end; 2012 ...... 21 ‘‘(1) IN GENERAL.—The President, acting (B) by striking clause (iii); and through the Secretary, shall require that, to (C) by redesignating clause (iv) as clause 2013 ...... 24 2014 ...... 27 the extent economically feasible and tech- (iii). 2015 ...... 30.’’. nically practicable, of the total quantity of (2) REPORTS.—Section 548(a)(2) of the Na- domestic electric energy the Federal Govern- tional Energy Conservation Policy Act (42 SEC. 265. COMBINED HEAT AND POWER AND DIS- ment consumes during any fiscal year, the U.S.C. 8258(a)(2)) is amended by inserting TRICT ENERGY INSTALLATIONS AT FEDERAL SITES. following percentages shall be renewable en- ‘‘and any termination penalty exposure’’ Section 543 of the National Energy Con- ergy from facilities placed in service after after ‘‘the energy and cost savings that have servation Policy Act (42 U.S.C. 8253) is January 1, 1999: resulted from such contracts’’. amended by adding at the end the following: ‘‘(A) Not less than 10 percent in fiscal year (3) CONFORMING AMENDMENT.—Section 2913 ‘‘(f) COMBINED HEAT AND POWER AND DIS- 2010. of title 10, United States Code, is amended by TRICT ENERGY INSTALLATIONS AT FEDERAL ‘‘(B) Not less than 15 percent in fiscal year striking subsection (e). SITES.— 2015. (e) ENERGY AND COST SAVINGS IN NON- BUILDING APPLICATIONS.— ‘‘(1) IN GENERAL.—Not later than 18 months ‘‘(2) CAPITOL COMPLEX.—The Architect of after the date of enactment of this sub- the Capitol, in consultation with the Sec- (1) DEFINITIONS.—In this subsection: section, the Secretary, in consultation with retary, shall ensure that, of the total quan- (A) NONBUILDING APPLICATION.—The term the Administrator of General Services and tity of electric energy the Capitol complex ‘‘nonbuilding application’’ means— the Secretary of Defense, shall identify Fed- consumes during any fiscal year, the per- (i) any class of vehicles, devices, or equip- eral sites that could achieve significant cost- centages prescribed in paragraph (1) shall be ment that is transportable under the power effective energy savings through the use of renewable energy. of the applicable vehicle, device, or equip- ment by land, sea, or air and that consumes combined heat and power or district energy ‘‘(3) WAIVER AUTHORITY.—The President installations. may reduce or waive the requirement under energy from any fuel source for the purpose ‘‘(2) INFORMATION AND TECHNICAL ASSIST- paragraph (1) on a fiscal-year basis if the of— ANCE.—The Secretary shall provide agencies President determines that complying with (I) that transportation; or with information and technical assistance paragraph (1) for a fiscal year would result (II) maintaining a controlled environment that will enable the agencies to take advan- in— within the vehicle, device, or equipment; and tage of the energy savings described in para- ‘‘(A) a negative impact on military train- (ii) any federally-owned equipment used to graph (1). ing or readiness activities conducted by the generate electricity or transport water. ‘‘(3) ENERGY PERFORMANCE REQUIRE- Department of Defense; (B) SECONDARY SAVINGS.— MENTS.—Any energy savings from the instal- ‘‘(B) a negative impact on domestic pre- (i) IN GENERAL.—The term ‘‘secondary sav- lations described in paragraph (1) may be ap- paredness activities conducted by the De- ings’’ means additional energy or cost sav- plied to meet the energy performance re- partment of Homeland Security; or ings that are a direct consequence of the en- quirements for an agency under subsection ‘‘(C) a requirement that a Federal agency ergy savings that result from the energy effi- (a)(1).’’. provide emergency response services in the ciency improvements that were financed and event of a natural disaster or terrorist at- implemented pursuant to an energy savings SEC. 266. FEDERAL BUILDING ENERGY EFFI- tack.’’; and performance contract. CIENCY PERFORMANCE STANDARDS. (2) by adding at the end the following: (ii) INCLUSIONS.—The term ‘‘secondary sav- Section 305(a)(3)(A) of the Energy Con- ‘‘(e) CONTRACTS FOR RENEWABLE ENERGY ings’’ includes— servation and Production Act (42 U.S.C. FROM PUBLIC UTILITY SERVICES.—Notwith- (I) energy and cost savings that result 6834(a)(3)(A)) is amended— standing section 501(b)(1)(B) of title 40, from a reduction in the need for fuel delivery (1) in the matter preceding clause (i), by United States Code, a contract for renewable and logistical support; striking ‘‘this paragraph’’ and by inserting energy from a public utility service may be (II) personnel cost savings and environ- ‘‘the Energy Efficiency Promotion Act of made for a period of not more than 50 mental benefits; and 2007’’; and years.’’. (III) in the case of electric generation (2) in clause (i)— SEC. 263. ENERGY SAVINGS PERFORMANCE CON- equipment, the benefits of increased effi- (A) in subclause (I), by striking ‘‘and’’ at TRACTS. ciency in the production of electricity, in- the end; (a) RETENTION OF SAVINGS.—Section 546(c) cluding revenues received by the Federal (B) by redesignating subclause (II) as sub- of the National Energy Conservation Policy Government from the sale of electricity so clause (III); and Act (42 U.S.C. 8256(c)) is amended by striking produced. (C) by inserting after subclause (I) the fol- paragraph (5). (2) STUDY.— lowing:

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‘‘(II) the buildings be designed, to the ex- (1) CONSORTIUM.—The term ‘‘consortium’’ Subtitle F—Assisting State and Local tent economically feasible and technically means a working group that is comprised Governments in Energy Efficiency practicable, so that the fossil fuel-generated of— SEC. 271. WEATHERIZATION ASSISTANCE FOR energy consumption of the buildings is re- (A) individuals representing— LOW-INCOME PERSONS. duced, as compared with the fossil fuel-gen- (i) 1 or more businesses engaged in— Section 422 of the Energy Conservation and erated energy consumption by a similar Fed- (I) commercial building development; Production Act (42 U.S.C. 6872) is amended eral building in fiscal year 2003 (as measured (II) construction; or by striking ‘‘$700,000,000 for fiscal year 2008’’ by Commercial Buildings Energy Consump- (III) real estate; and inserting ‘‘$750,000,000 for each of fiscal tion Survey or Residential Energy Consump- (ii) financial institutions; years 2008 through 2012’’. tion Survey data from the Energy Informa- (iii) academic or research institutions; SEC. 272. STATE ENERGY CONSERVATION PLANS. tion Agency), by the percentage specified in (iv) State or utility energy efficiency pro- Section 365(f) of the Energy Policy and the following table: grams; Conservation Act (42 U.S.C. 6325(f)) is amend- ‘‘Fiscal Year Percentage reduction (v) nongovernmental energy efficiency or- ed by striking ‘‘fiscal year 2008’’ and insert- 2007 ...... 50 ganizations; and ing ‘‘each of fiscal years 2008 through 2012’’. 2010 ...... 60 2015 ...... 70 (vi) the Federal Government; SEC. 273. UTILITY ENERGY EFFICIENCY PRO- 2020 ...... 80 (B) 1 or more building designers; and GRAMS. 2025 ...... 90 (C) 1 or more individuals who own or oper- (a) ELECTRIC UTILITIES.—Section 111(d) of 2030 ...... 100; ate 1 or more buildings. the Public Utility Regulatory Policies Act of and’’. (2) ENERGY EFFICIENT COMMERCIAL BUILD- 1978 (16 U.S.C. 2621(d)) is amended by adding SEC. 267. APPLICATION OF INTERNATIONAL EN- ING.—The term ‘‘energy efficient commercial at the end the following: ERGY CONSERVATION CODE TO PUB- building’’ means a commercial building that ‘‘(16) INTEGRATED RESOURCE PLANNING.— LIC AND ASSISTED HOUSING. is designed, constructed, and operated— Each electric utility shall— Section 109 of the Cranston-Gonzalez Na- (A) to require a greatly reduced quantity ‘‘(A) integrate energy efficiency resources tional Affordable Housing Act (42 U.S.C. of energy; into utility, State, and regional plans; and 12709) is amended— (B) to meet, on an annual basis, the bal- ‘‘(B) adopt policies establishing cost-effec- (1) in subsection (a)(1)(C), by striking, ‘‘, ance of energy needs of the commercial tive energy efficiency as a priority resource. where such standards are determined to be building from renewable sources of energy; ‘‘(17) RATE DESIGN MODIFICATIONS TO PRO- cost effective by the Secretary of Housing MOTE ENERGY EFFICIENCY INVESTMENTS.— and Urban Development’’; and (C) to be economically viable. ‘‘(A) IN GENERAL.—The rates allowed to be (2) in subsection (a)(2)— charged by any electric utility shall— (3) INITIATIVE.—The term ‘‘initiative’’ (A) by striking ‘‘the Council of American ‘‘(i) align utility incentives with the deliv- means the Energy Efficient Commercial Building Officials Model Energy Code, 1992’’ ery of cost-effective energy efficiency; and Buildings Initiative. and inserting ‘‘2006 International Energy ‘‘(ii) promote energy efficiency invest- Conservation Code’’; and (b) INITIATIVE.— ments. (B) by striking ‘‘, and, with respect to re- (1) IN GENERAL.—The Secretary shall enter ‘‘(B) POLICY OPTIONS.—In complying with habilitation and new construction of public into an agreement with the consortium to subparagraph (A), each State regulatory au- and assisted housing funded by HOPE VI re- develop and carry out the initiative— thority and each nonregulated utility shall vitalization grants under section 24 of the (A) to reduce the quantity of energy con- consider— United States Housing Act of 1937 (42 U.S.C. sumed by commercial buildings located in ‘‘(i) removing the throughput incentive 1437v), the 2003 International Energy Con- the United States; and and other regulatory and management dis- servation Code’’; (B) to achieve the development of energy incentives to energy efficiency; (3) in subsection (b)— efficient commercial buildings in the United ‘‘(ii) providing utility incentives for the (A) in the heading, by striking ‘‘MODEL EN- States. successful management of energy efficiency ERGY CODE.—’’ and inserting ‘‘INTERNATIONAL (2) GOAL OF INITIATIVE.—The goal of the programs; ENERGY CONSERVATION CODE.—’’; initiative shall be to develop technologies ‘‘(iii) including the impact on adoption of (B) after ‘‘all new construction’’ in the and practices and implement policies that energy efficiency as 1 of the goals of retail first sentence insert ‘‘and rehabilitation’’; lead to energy efficient commercial build- rate design, recognizing that energy effi- and ings for— ciency must be balanced with other objec- (C) by striking ‘‘, and, with respect to re- tives; habilitation and new construction of public (A) any commercial building newly con- ‘‘(iv) adopting rate designs that encourage and assisted housing funded by HOPE VI re- structed in the United States by 2030; energy efficiency for each customer class; vitalization grants under section 24 of the (B) 50 percent of the commercial building and United States Housing Act of 1937 (42 U.S.C. stock of the United States by 2040; and ‘‘(v) allowing timely recovery of energy ef- 1437v), the 2003 International Energy Con- (C) all commercial buildings in the United ficiency-related costs.’’. servation Code’’; States by 2050. (b) NATURAL GAS UTILITIES.—Section 303(b) (4) in subsection (c)— (3) COMPONENTS.—In carrying out the ini- of the Public Utility Regulatory Policies Act (A) in the heading, by striking ‘‘MODEL EN- tiative, the Secretary, in collaboration with of 1978 (16 U.S.C. 3203(b)) is amended by add- ERGY CODE AND’’; and the consortium, may— ing at the end the following: (B) by striking ‘‘, or, with respect to reha- (A) conduct research and development on ‘‘(5) ENERGY EFFICIENCY.—Each natural gas bilitation and new construction of public and building design, materials, equipment and utility shall— assisted housing funded by HOPE VI revital- controls, operation and other practices, inte- ‘‘(A) integrate energy efficiency resources ization grants under section 24 of the United gration, energy use measurement and into the plans and planning processes of the States Housing Act of 1937 (42 U.S.C. 1437v), benchmarking, and policies; natural gas utility; and the 2003 International Energy Conservation (B) conduct demonstration projects to ‘‘(B) adopt policies that establish energy Code’’; evaluate replicable approaches to achieving efficiency as a priority resource in the plans (5) by adding at the end the following: energy efficient commercial buildings for a and planning processes of the natural gas ‘‘(d) FAILURE TO AMEND THE STANDARDS.— variety of building types in a variety of cli- If the Secretaries have not, within 1 year mate zones; utility. after the requirements of the 2006 IECC or (C) conduct deployment activities to dis- ‘‘(6) RATE DESIGN MODIFICATIONS TO PRO- the ASHRAE Standard 90.1–2004 are revised, seminate information on, and encourage MOTE ENERGY EFFICIENCY INVESTMENTS.— amended the standards or made a determina- widespread adoption of, technologies, prac- ‘‘(A) IN GENERAL.—The rates allowed to be tion under subsection (c) of this section, and tices, and policies to achieve energy efficient charged by a natural gas utility shall align if the Secretary of Energy has made a deter- commercial buildings; and utility incentives with the deployment of cost-effective energy efficiency. mination under section 304 of the Energy (D) conduct any other activity necessary ‘‘(B) POLICY OPTIONS.—In complying with Conservation and Production Act (42 U.S.C. to achieve any goal of the initiative, as de- subparagraph (A), each State regulatory au- 6833) that the revised code or standard would termined by the Secretary, in collaboration thority and each nonregulated utility shall improve energy efficiency, all new construc- with the consortium. tion and rehabilitation of housing specified consider— in subsection (a) shall meet the require- (c) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(i) separating fixed-cost revenue recovery ments of the revised code or standard.’’; (1) IN GENERAL.—There are authorized to be from the volume of transportation or sales (6) by striking ‘‘CABO Model Energy Code, appropriated such sums as are necessary to service provided to the customer; 1992’’ each place it appears and inserting carry out this section. ‘‘(ii) providing to utilities incentives for ‘‘the 2006 IECC’’; and (2) ADDITIONAL FUNDING.—In addition to the successful management of energy effi- (7) by striking ‘‘1989’’ each place it appears amounts authorized to be appropriated under ciency programs, such as allowing utilities and inserting ‘‘2004’’. paragraph (1), the Secretary may allocate to retain a portion of the cost-reducing bene- SEC. 268. ENERGY EFFICIENT COMMERCIAL funds from other appropriations to the ini- fits accruing from the programs; BUILDINGS INITIATIVE. tiative without changing the purpose for ‘‘(iii) promoting the impact on adoption of (a) DEFINITIONS.—In this section: which the funds are appropriated. energy efficiency as 1 of the goals of retail

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ENERGY EFFICIENCY AND DEMAND RE- amounts under subparagraph (A)(i) to eligi- There are authorized to be appropriated such SPONSE PROGRAM ASSISTANCE. ble units of local government, taking into sums as are necessary to carry out this sub- The Secretary shall provide technical as- account any factors that the Secretary de- section for each of fiscal years 2008 through sistance regarding the design and implemen- termines to be appropriate, including the 2012. tation of the energy efficiency and demand residential and daytime population of the el- ‘‘(e) GRANTS TO OTHER STATES AND COMMU- response programs established under this igible units of local government. NITIES.— title, and the amendments made by this ‘‘(ii) CRITERIA.—Amounts shall be distrib- ‘‘(1) IN GENERAL.—Of the total amount of title, to State energy offices, public utility uted to eligible units of local government funds that are made available each fiscal regulatory commissions, and nonregulated under clause (i) only if the eligible units of year to carry out this section, the Secretary utilities through the appropriate national local government meet the criteria for dis- shall use 2 percent of the amount to make laboratories of the Department of Energy. tribution established by the Secretary for competitive grants under this section to units of local government. States and units of local government that SEC. 275. ENERGY AND ENVIRONMENTAL BLOCK are not eligible entities or to consortia of GRANT. ‘‘(C) DISTRIBUTION TO STATES.— such units of local government. Title I of the Housing and Community De- ‘‘(i) IN GENERAL.—Of the amounts provided ‘‘(2) APPLICATIONS.—To be eligible for a velopment Act of 1974 (42 U.S.C. 5301 et seq.) to States under subparagraph (A)(ii), the grant under this subsection, a State, unit of is amended by adding at the end the fol- Secretary shall distribute— ‘‘(I) at least 1.25 percent to each State; and local government, or consortia described in lowing: ‘‘(II) the remainder among the States, paragraph (1) shall apply to the Secretary for ‘‘SEC. 123. ENERGY AND ENVIRONMENTAL BLOCK based on a formula, to be determined by the a grant to carry out an activity that would GRANT. Secretary, that takes into account the popu- otherwise be eligible for a grant under sub- ‘‘(a) DEFINITIONS.—In this section lation of the States and any other criteria section (c) or (d). ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible that the Secretary determines to be appro- ‘‘(3) PRIORITY.—In awarding grants under entity’ means— priate. this subsection, the Secretary shall give pri- ‘‘(A) a State; ‘‘(ii) CRITERIA.—Amounts shall be distrib- ority to— ‘‘(B) an eligible unit of local government uted to States under clause (i) only if the ‘‘(A) States with populations of less than within a State; and States meet the criteria for distribution es- 2,000,000; and ‘‘(C) an Indian tribe. tablished by the Secretary for States. ‘‘(B) projects that would result in signifi- ‘‘(2) ELIGIBLE UNIT OF LOCAL GOVERNMENT.— ‘‘(iii) LIMITATION ON USE OF STATE FUNDS.— cant energy efficiency improvements, reduc- The term ‘eligible unit of local government’ At least 40 percent of the amounts distrib- tions in fossil fuel use, or capital improve- means— uted to States under this subparagraph shall ments.’’. ‘‘(A) a city with a population— be used by the States for the conduct of eli- SEC. 276. ENERGY SUSTAINABILITY AND EFFI- ‘‘(i) of at least 35,000; or gible activities in nonentitlement areas in CIENCY GRANTS FOR INSTITUTIONS ‘‘(ii) that causes the city to be 1 of the top the States, in accordance with any criteria OF HIGHER EDUCATION. 10 most populous cities of the State in which established by the Secretary. Part G of title III of the Energy Policy and the city is located; and ‘‘(4) REPORT.—Not later than 2 years after Conservation Act is amended by inserting ‘‘(B) a county with a population— the date on which an eligible entity first re- after section 399 (42 U.S.C. 371h) the fol- ‘‘(i) of at least 200,000; or ceives a grant under this section, and every lowing: ‘‘(ii) that causes the county to be 1 of the 2 years thereafter, the eligible entity shall ‘‘SEC. 399A. ENERGY SUSTAINABILITY AND EFFI- top 10 most populous counties of the State in submit to the Secretary a report that de- CIENCY GRANTS FOR INSTITUTIONS OF HIGHER EDUCATION. which the county is located. scribes any eligible activities carried out ‘‘(a) DEFINITIONS.—In this section: ‘‘(3) SECRETARY.—The term ‘Secretary’ using assistance provided under this sub- ‘‘(1) ENERGY SUSTAINABILITY.—The term means the Secretary of Energy. section. ‘energy sustainability’ includes using a re- ‘‘(4) STATE.—The term ‘State’ means— ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— newable energy resource and a highly effi- ‘‘(A) a State; There are authorized to be appropriated such cient technology for electricity generation, ‘‘(B) the District of Columbia; sums as are necessary to carry out this sub- transportation, heating, or cooling. ‘‘(C) the Commonwealth of Puerto Rico; section for each of fiscal years 2008 through ‘‘(2) INSTITUTION OF HIGHER EDUCATION.— and 2012. The term ‘institution of higher education’ ‘‘(D) any other territory or possession of ‘‘(d) ENVIRONMENTALLY BENEFICIAL ENERGY has the meaning given the term in section 2 the United States. STRATEGIES SUPPLEMENTAL GRANT PRO- of the Energy Policy Act of 2005 (42 U.S.C. ‘‘(b) PURPOSE.—The purpose of this section GRAM.— 15801). is to assist State and local governments in ‘‘(1) IN GENERAL.—The Secretary shall pro- ‘‘(b) GRANTS FOR ENERGY EFFICIENCY IM- implementing strategies— vide to each eligible entity that meets the PROVEMENT.— ‘‘(1) to reduce fossil fuel emissions created applicable criteria under subparagraph ‘‘(1) IN GENERAL.—The Secretary shall as a result of activities within the bound- (B)(ii) or (C)(ii) of subsection (c)(3) a supple- award not more than 100 grants to institu- aries of the States or units of local govern- mental grant to pay the Federal share of the tions of higher education to carry out ment; total costs of carrying out an activity relat- projects to improve energy efficiency on the ‘‘(2) to reduce the total energy use of the ing to the implementation of an environ- grounds and facilities of the institution of States and units of local government; and mentally beneficial energy strategy. higher education, including not less than 1 ‘‘(3) to improve energy efficiency in the ‘‘(2) REQUIREMENTS.—To be eligible for a grant to an institution of higher education transportation sector, building sector, and grant under paragraph (1), an eligible entity in each State. any other appropriate sectors. shall— ‘‘(2) CONDITION.—As a condition of receiv- ‘‘(c) PROGRAM.— ‘‘(A) demonstrate to the satisfaction of the ing a grant under this subsection, an institu- ‘‘(1) IN GENERAL.—The Secretary shall pro- Secretary that the eligible entity meets the tion of higher education shall agree to— vide to eligible entities block grants to carry applicable criteria under subparagraph ‘‘(A) implement a public awareness cam- out eligible activities (as specified under (B)(ii) or (C)(ii) of subsection (c)(3); and paign concerning the project in the commu- paragraph (2)) relating to the implementa- ‘‘(B) submit to the Secretary for approval nity in which the institution of higher edu- tion of environmentally beneficial energy a plan that describes the activities to be cation is located; and strategies. funded by the grant. ‘‘(B) submit to the Secretary, and make ‘‘(2) ELIGIBLE ACTIVITIES.—The Secretary, ‘‘(3) COST-SHARING REQUIREMENT.— available to the public, reports on any effi- in consultation with the Administrator of ‘‘(A) FEDERAL SHARE.—The Federal share ciency improvements, energy cost savings, the Environmental Protection Agency, the of the cost of carrying out any activities and environmental benefits achieved as part Secretary of Transportation, and the Sec- under this subsection shall be 75 percent. of a project carried out under paragraph (1). retary of Housing and Urban Development, ‘‘(B) NON-FEDERAL SHARE.— ‘‘(c) GRANTS FOR INNOVATION IN ENERGY shall establish a list of activities that are el- ‘‘(i) FORM.—Not more than 50 percent of SUSTAINABILITY.— igible for assistance under the grant pro- the non-Federal share may be in the form of ‘‘(1) IN GENERAL.—The Secretary shall gram. in-kind contributions. award not more than 250 grants to institu- ‘‘(3) ALLOCATION TO STATES AND ELIGIBLE ‘‘(ii) LIMITATION.—Amounts provided to an tions of higher education to engage in inno- UNITS OF LOCAL GOVERNMENT.— eligible entity under subsection (c) shall not vative energy sustainability projects, includ- ‘‘(A) IN GENERAL.—Of the amounts made be used toward the non-Federal share. ing not less than 2 grants to institutions of available to provide grants under this sub- ‘‘(4) MAINTENANCE OF EFFORT.—An eligible higher education in each State. section, the Secretary shall allocate— entity shall provide assurances to the Sec- ‘‘(2) INNOVATION PROJECTS.—An innovation ‘‘(i) 70 percent to eligible units of local retary that funds provided to the eligible en- project carried out with a grant under this government; and tity under this subsection will be used only subsection shall—

VerDate Mar 15 2010 21:51 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JN7.REC S11JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 11, 2007 CONGRESSIONAL RECORD — SENATE S7479 ‘‘(A) involve— the Secretary, working in coordination with oxide from the project carried out under sub- ‘‘(i) an innovative technology that is not the Secretary of Education, $5,000,000 for paragraph (A) in a field testing validation yet commercially available; or each of fiscal years 2007 through 2012 for use activity under this section. ‘‘(ii) available technology in an innovative in educating States and local education ‘‘(3) FIELD VALIDATION TESTING ACTIVI- application that maximizes energy efficiency agencies about— TIES.— and sustainability; (1) benefits of reducing school bus idling; ‘‘(A) IN GENERAL.—The Secretary shall pro- ‘‘(B) have the greatest potential for testing and mote, to the maximum extent practicable, or demonstrating new technologies or proc- (2) ways in which school bus idling may be regional carbon sequestration partnerships esses; and reduced. to conduct geologic sequestration tests in- ‘‘(C) ensure active student participation in TITLE III—CARBON CAPTURE AND STOR- volving carbon dioxide injection and moni- the project, including the planning, imple- AGE RESEARCH, DEVELOPMENT, AND toring, mitigation, and verification oper- mentation, evaluation, and other phases of DEMONSTRATION ations in a variety of candidate geological the project. SEC. 301. SHORT TITLE. settings, including— ‘‘(3) CONDITION.—As a condition of receiv- This title may be cited as the ‘‘Carbon ‘‘(i) operating oil and gas fields; ing a grant under this subsection, an institu- Capture and Sequestration Act of 2007’’. ‘‘(ii) depleted oil and gas fields; tion of higher education shall agree to sub- SEC. 302. CARBON CAPTURE AND STORAGE RE- ‘‘(iii) unmineable coal seams; mit to the Secretary, and make available to SEARCH, DEVELOPMENT, AND DEM- ‘‘(iv) deep saline formations; the public, reports that describe the results ONSTRATION PROGRAM. ‘‘(v) deep geological systems that may be of the projects carried out under paragraph Section 963 of the Energy Policy Act of used as engineered reservoirs to extract eco- (1). 2005 (42 U.S.C. 16293) is amended— nomical quantities of heat from geothermal ‘‘(d) AWARDING OF GRANTS.— (1) in the section heading, by striking ‘‘re- resources of low permeability or porosity; ‘‘(1) APPLICATION.—An institution of higher search and development’’ and inserting ‘‘and and education that seeks to receive a grant storage research, development, and dem- ‘‘(vi) deep geologic systems containing ba- under this section may submit to the Sec- onstration’’; salt formations. (2) in subsection (a)— retary an application for the grant at such ‘‘(B) OBJECTIVES.—The objectives of tests (A) by striking ‘‘research and develop- time, in such form, and containing such in- conducted under this paragraph shall be— ment’’ and inserting ‘‘and storage research, formation as the Secretary may prescribe. ‘‘(i) to develop and validate geophysical development, and demonstration’’; and ‘‘(2) SELECTION.—The Secretary shall es- tools, analysis, and modeling to monitor, (B) by striking ‘‘capture technologies on tablish a committee to assist in the selection predict, and verify carbon dioxide contain- combustion-based systems’’ and inserting of grant recipients under this section. ment; ‘‘(e) ALLOCATION TO INSTITUTIONS OF HIGH- ‘‘capture and storage technologies related to ‘‘(ii) to validate modeling of geological for- ER EDUCATION WITH SMALL ENDOWMENTS.—Of energy systems’’; mations; the amount of grants provided for a fiscal (3) in subsection (b)— ‘‘(iii) to refine storage capacity estimated year under this section, the Secretary shall (A) in paragraph (3), by striking ‘‘and’’ at for particular geological formations; provide not less 50 percent of the amount to the end; ‘‘(iv) to determine the fate of carbon diox- institutions of higher education that have an (B) in paragraph (4), by striking the period ide concurrent with and following injection endowment of not more than $100,000,000, at the end and inserting ‘‘; and’’; and into geological formations; with 50 percent of the allocation set aside for (C) by adding at the end the following: ‘‘(v) to develop and implement best prac- institutions of higher education that have an ‘‘(5) to expedite and carry out large-scale endowment of not more than $50,000,000. testing of carbon sequestration systems in a tices for operations relating to, and moni- ‘‘(f) GRANT AMOUNTS.—The maximum range of geological formations that will pro- toring of, injection and storage of carbon di- amount of grants for a project under this vide information on the cost and feasibility oxide in geologic formations; section shall not exceed— of deployment of sequestration tech- ‘‘(vi) to assess and ensure the safety of op- ‘‘(1) in the case of grants for energy effi- nologies.’’; and erations related to geological storage of car- ciency improvement under subsection (b), (4) by striking subsection (c) and inserting bon dioxide; and $1,000,000; or the following: ‘‘(vii) to allow the Secretary to promulgate ‘‘(2) in the case of grants for innovation in ‘‘(c) PROGRAMMATIC ACTIVITIES.— policies, procedures, requirements, and guid- energy sustainability under subsection (c), ‘‘(1) ENERGY RESEARCH AND DEVELOPMENT ance to ensure that the objectives of this $500,000. UNDERLYING CARBON CAPTURE AND STORAGE subparagraph are met in large-scale testing ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— TECHNOLOGIES AND CARBON USE ACTIVITIES.— and deployment activities for carbon capture There are authorized to be appropriated such ‘‘(A) IN GENERAL.—The Secretary shall and storage that are funded by the Depart- sums as are necessary to carry out this sec- carry out fundamental science and engineer- ment of Energy. tion for each of fiscal years 2008 through ing research (including laboratory-scale ex- ‘‘(4) LARGE-SCALE TESTING AND DEPLOY- 2012.’’. periments, numeric modeling, and simula- MENT.— SEC. 277. WORKFORCE TRAINING. tions) to develop and document the perform- ‘‘(A) IN GENERAL.—The Secretary shall con- Section 1101 of the Energy Policy Act of ance of new approaches to capture and store, duct not less than 7 initial large-volume se- 2005 (42 U.S.C. 16411) is amended— recycle, or reuse carbon dioxide. questration tests for geological containment (1) by redesignating subsection (d) as sub- ‘‘(B) PROGRAM INTEGRATION.—The Sec- of carbon dioxide (at least 1 of which shall be section (e); and retary shall ensure that fundamental re- international in scope) to validate informa- (2) by inserting after subsection (c) the fol- search carried out under this paragraph is tion on the cost and feasibility of commer- lowing: appropriately applied to energy technology cial deployment of technologies for geologi- ‘‘(d) WORKFORCE TRAINING.— development activities, the field testing of cal containment of carbon dioxide. ‘‘(1) IN GENERAL.—The Secretary, in co- carbon sequestration, and carbon use activi- ‘‘(B) DIVERSITY OF FORMATIONS TO BE STUD- operation with the Secretary of Labor, shall ties, including— IED.—In selecting formations for study under promulgate regulations to implement a pro- ‘‘(i) development of new or improved tech- this paragraph, the Secretary shall consider gram to provide workforce training to meet nologies for the capture of carbon dioxide; a variety of geological formations across the the high demand for workers skilled in the ‘‘(ii) development of new or improved tech- United States, and require characterization energy efficiency and renewable energy in- nologies that reduce the cost and increase and modeling of candidate formations, as de- dustries. the efficacy of the compression of carbon di- termined by the Secretary. ‘‘(2) CONSULTATION.—In carrying out this oxide required for the storage of carbon diox- ‘‘(5) PREFERENCE IN PROJECT SELECTION subsection, the Secretary shall consult with ide; FROM MERITORIOUS PROPOSALS.—In making representatives of the energy efficiency and ‘‘(iii) modeling and simulation of geologi- competitive awards under this subsection, renewable energy industries concerning cal sequestration field demonstrations; subject to the requirements of section 989, skills that are needed in those industries.’’. ‘‘(iv) quantitative assessment of risks re- the Secretary shall give preference to pro- SEC. 278. ASSISTANCE TO STATES TO REDUCE lating to specific field sites for testing of se- posals from partnerships among industrial, SCHOOL BUS IDLING. questration technologies; and academic, and government entities. (a) STATEMENT OF POLICY.—Congress en- ‘‘(v) research and development of new and ‘‘(6) COST SHARING.—Activities under this courages each local educational agency (as improved technologies for carbon use, in- subsection shall be considered research and defined in section 9101(26) of the Elementary cluding recycling and reuse of carbon diox- development activities that are subject to and Secondary Education Act of 1965 (20 ide. the cost-sharing requirements of section U.S.C. 7801(26))) that receives Federal funds ‘‘(2) CARBON CAPTURE DEMONSTRATION 988(b). under the Elementary and Secondary Edu- PROJECT.— ‘‘(7) PROGRAM REVIEW AND REPORT.—During cation Act of 1965 (20 U.S.C. 6301 et seq.) to ‘‘(A) IN GENERAL.—The Secretary shall fiscal year 2011, the Secretary shall— develop a policy to reduce the incidence of carry out a demonstration of large-scale car- ‘‘(A) conduct a review of programmatic ac- school bus idling at schools while picking up bon dioxide capture from an appropriate gas- tivities carried out under this subsection; and unloading students. ification facility selected by the Secretary. and (b) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(B) LINK TO STORAGE ACTIVITIES.—The ‘‘(B) make recommendations with respect There are authorized to be appropriated to Secretary may require the use of carbon di- to continuation of the activities.

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‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— graphs (1) through (5) of subsection (b) com- (b) PROGRAM ESTABLISHMENT.— There are authorized to be appropriated to posed, as appropriate, of representatives of (1) IN GENERAL.—The Secretary shall carry carry out this section— Federal agencies, institutions of higher edu- out a program to demonstrate technologies ‘‘(1) $150,000,000 for fiscal year 2008; cation, nongovernmental organizations, for the large-scale capture of carbon dioxide ‘‘(2) $200,000,000 for fiscal year 2009; State organizations, industry, and inter- from industrial sources of carbon dioxide. ‘‘(3) $200,000,000 for fiscal year 2010; national geoscience organizations to review (2) SCOPE OF AWARD.—An award under this ‘‘(4) $180,000,000 for fiscal year 2011; and the methodology and comments received section shall be only for the portion of the ‘‘(5) $165,000,000 for fiscal year 2012.’’. under paragraph (1); and project that carries out the large-scale cap- SEC. 303. CARBON DIOXIDE STORAGE CAPACITY (3) on completion of the review under para- ture (including purification and compres- ASSESSMENT. graph (2), publish in the Federal Register the sion) of carbon dioxide, as well as the cost of (a) DEFINITIONS.—In this section revised final methodology. transportation and injection of carbon diox- (1) ASSESSMENT.—The term ‘‘assessment’’ (e) PERIODIC UPDATES.—The methodology ide. means the national assessment of capacity developed under this section shall be updated (3) QUALIFICATIONS FOR AWARD.—To be eli- for carbon dioxide completed under sub- periodically (including at least once every 5 gible for an award under this section, a section (f). years) to incorporate new data as the data project proposal must include the following: (2) CAPACITY.—The term ‘‘capacity’’ means becomes available. (A) CAPACITY.—The capture of not less the portion of a storage formation that can (f) NATIONAL ASSESSMENT.— than eighty-five percent of the produced car- (1) IN GENERAL.—Not later than 2 years retain carbon dioxide in accordance with the bon dioxide at the facility, and not less than after the date of publication of the method- requirements (including physical, geological, 500,000 short tons of carbon dioxide per year. ology under subsection (d)(1), the Secretary, and economic requirements) established (B) STORAGE AGREEMENT.—A binding agree- in consultation with the Secretary of Energy under the methodology developed under sub- ment for the storage of all of the captured and State geological surveys, shall complete section (b). carbon dioxide in— a national assessment of capacity for carbon (3) ENGINEERED HAZARD.—The term ‘‘engi- (i) a field testing validation activity under dioxide in accordance with the methodology. neered hazard’’ includes the location and section 963 of the Energy Policy Act of 2005, (2) GEOLOGICAL VERIFICATION.—As part of completion history of any well that could af- as amended by this Act; or the assessment under this subsection, the fect potential storage. (ii) other geological storage projects ap- Secretary shall carry out a drilling program (4) RISK.—The term ‘‘risk’’ includes any proved by the Secretary. to supplement the geological data relevant risk posed by geomechanical, geochemical, (C) PURITY LEVEL.—A purity level of at to determining storage capacity of carbon hydrogeological, structural, and engineered least 95 percent for the captured carbon diox- dioxide in geological storage formations, in- hazards. ide delivered for storage. cluding— (5) SECRETARY.—The term ‘‘Secretary’’ (D) COMMITMENT TO CONTINUED OPERATION (A) well log data; means the Secretary of the Interior, acting OF SUCCESSFUL UNIT.—If the project success- (B) core data; and through the Director of the United States fully demonstrates capture and storage of (C) fluid sample data. Geological Survey. carbon dioxide, a commitment to continued (3) PARTNERSHIP WITH OTHER DRILLING PRO- (6) STORAGE FORMATION.—The term ‘‘stor- capture and storage of carbon dioxide after GRAMS.—As part of the drilling program age formation’’ means a deep saline forma- the conclusion of the demonstration. under paragraph (2), the Secretary shall tion, unmineable coal seam, or oil or gas res- (4) COST-SHARING.—The cost-sharing re- enter, as appropriate, into partnerships with ervoir that is capable of accommodating a quirements of section 988 of the Energy Pol- other entities to collect and integrate data volume of industrial carbon dioxide. icy Act of 2005 shall apply to this section. from other drilling programs relevant to the (b) METHODOLOGY.—Not later than 1 year (c) AUTHORIZATION OF APPROPRIATIONS.— after the date of enactment of this Act, the storage of carbon dioxide in geologic forma- There is authorized to be appropriated to the Secretary shall develop a methodology for tions. Secretary to carry out this section conducting an assessment under subsection (4) INCORPORATION INTO NATCARB.— $100,000,000 per year for fiscal years 2009 (f), taking into consideration— (A) IN GENERAL.—On completion of the as- through 2013. (1) the geographical extent of all potential sessment, the Secretary of Energy shall in- storage formations in all States; corporate the results of the assessment using TITLE IV—COST-EFFECTIVE AND ENVI- (2) the capacity of the potential storage the NatCarb database, to the maximum ex- RONMENTALLY SUSTAINABLE PUBLIC formations; tent practicable. BUILDINGS (3) the injectivity of the potential storage (B) RANKING.—The database shall include Subtitle A—Public Buildings Cost Reduction formations; the data necessary to rank potential storage SEC. 401. SHORT TITLE. (4) an estimate of potential volumes of oil sites for capacity and risk, across the United This subtitle may be cited as the ‘‘Public and gas recoverable by injection and storage States, within each State, by formation, and Buildings Cost Reduction Act of 2007’’. of industrial carbon dioxide in potential within each basin. SEC. 402. COST-EFFECTIVE TECHNOLOGY ACCEL- storage formations; (5) REPORT.—Not later than 180 days after ERATION PROGRAM. (5) the risk associated with the potential the date on which the assessment is com- (a) ESTABLISHMENT.— storage formations; and pleted, the Secretary shall submit to the (1) IN GENERAL.—The Administrator of (6) the Carbon Sequestration Atlas of the Committee on Energy and Natural Resources General Services (referred to in this section United States and Canada that was com- of the Senate and the Committee on Science as the ‘‘Administrator’’) shall establish a pleted by the Department of Energy in April and Technology of the House of Representa- program to accelerate the use of more cost- 2006. tives a report describing the findings under effective technologies and practices at GSA (c) COORDINATION.— the assessment. facilities. (1) FEDERAL COORDINATION.— (6) PERIODIC UPDATES.—The national as- (2) REQUIREMENTS.—The program estab- (A) CONSULTATION.—The Secretary shall sessment developed under this section shall lished under this subsection shall— consult with the Secretary of Energy and the be updated periodically (including at least (A) ensure centralized responsibility for Administrator of the Environmental Protec- once every 5 years) to support public and pri- the coordination of cost reduction rec- tion Agency on issues of data sharing, for- vate sector decisionmaking. ommendations, practices, and activities of mat, development of the methodology, and (g) AUTHORIZATION OF APPROPRIATIONS.— all relevant Federal agencies; content of the assessment required under There is authorized to be appropriated to (B) provide technical assistance and oper- this title to ensure the maximum usefulness carry out this section $30,000,000 for the pe- ational guidance to applicable tenants in and success of the assessment. riod of fiscal years 2008 through 2012. order to achieve the goals identified in sub- (B) COOPERATION.—The Secretary of En- SEC. 304. CARBON CAPTURE AND STORAGE INI- section (c)(2)(A); and ergy and the Administrator shall cooperate TIATIVE. (C) establish methods to track the success with the Secretary to ensure, to the max- (a) DEFINITIONS.—In this section: of departments and agencies with respect to imum extent practicable, the usefulness and (1) INDUSTRIAL SOURCES OF CARBON DIOX- the goals identified in subsection (c)(2)(A). success of the assessment. IDE.—The term ‘‘industrial sources of carbon (b) ACCELERATED USE OF COST-EFFECTIVE (2) STATE COORDINATION.—The Secretary dioxide’’ means one or more facilities to— LIGHTING TECHNOLOGIES.— shall consult with State geological surveys (A) generate electric energy from fossil (1) REVIEW.— and other relevant entities to ensure, to the fuels; (A) IN GENERAL.—As part of the program maximum extent practicable, the usefulness (B) refine petroleum; under this subsection, not later than 90 days and success of the assessment. (C) manufacture iron or steel; after the date of enactment of this Act, the (d) EXTERNAL REVIEW AND PUBLICATION.— (D) manufacture cement or cement clink- Administrator shall conduct a review of— On completion of the methodology under er; (i) current use of cost-effective lighting subsection (b), the Secretary shall— (E) manufacture commodity chemicals (in- technologies in GSA facilities; and (1) publish the methodology and solicit cluding from coal gasification); or (ii) the availability to managers of GSA fa- comments from the public and the heads of (F) manufacture transportation fuels from cilities of cost-effective lighting tech- affected Federal and State agencies; coal. nologies. (2) establish a panel of individuals with ex- (2) SECRETARY.—The term ‘‘Secretary’’ (B) REQUIREMENTS.—The review under sub- pertise in the matters described in para- means the Secretary of Energy. paragraph (A) shall—

VerDate Mar 15 2010 21:51 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JN7.REC S11JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 11, 2007 CONGRESSIONAL RECORD — SENATE S7481 (i) examine the use of cost-effective light- (i) permitting Federal agencies to retain affects any State or local law, to the extent ing technologies and other cost-effective all identified savings accrued as a result of that the State or local law contains a re- technologies and practices by Federal agen- the use of cost-effective technologies and quirement that is more stringent than the cies in GSA facilities; and practices; and relevant requirement of this section. (ii) identify, in consultation with the Envi- (ii) identifying short- and long-term cost (d) AUTHORIZATION OF APPROPRIATIONS.— ronmental Protection Agency, cost-effective savings that accrue from cost-effective tech- There is authorized to be appropriated to lighting technology standards that could be nologies and practices; carry out this section $20,000,000 for each of used for all types of GSA facilities. (G) achieves cost savings through the ap- fiscal years 2007 through 2012. (2) REPLACEMENT.— plication of cost-effective technologies and (e) REPORTS.— (A) IN GENERAL.—As part of the program practices sufficient to pay the incremental (1) IN GENERAL.—The Administrator shall under this subsection, not later than 180 days additional costs of installing the cost-effec- provide annual reports to Congress on cost after the date of enactment of this Act, the tive technologies and practices by not later savings achieved and actions taken and rec- Administrator shall establish a cost-effec- than the date that is 5 years after the date ommendations made under this section, and tive lighting technology acceleration pro- of installation; and any recommendations for further action. gram to achieve maximum feasible replace- (H) includes recommendations to address (2) FINAL REPORT.—The Administrator ment of existing lighting technologies with each of the matters, and a plan for imple- shall issue a final report at the conclusion of more cost-effective lighting technologies in mentation of each recommendation, de- the program, including findings, a summary each GSA facility using available appropria- scribed in subparagraphs (A) through (G). of total cost savings achieved, and rec- tions. (d) AUTHORIZATION OF APPROPRIATIONS.— ommendations for further action. (B) ACCELERATION PLAN TIMETABLE.— There are authorized to be appropriated such (f) TERMINATION.—The program under this (i) IN GENERAL.—To implement the pro- sums as are necessary to carry out this sec- section shall terminate on September 30, gram established under subparagraph (A), tion, to remain available until expended. 2012. SEC. 403. ENVIRONMENTAL PROTECTION AGEN- not later than 1 year after the date of enact- SEC. 404. DEFINITIONS. CY DEMONSTRATION GRANT PRO- ment of this Act, the Administrator shall es- In this subtitle: tablish a timetable including milestones for GRAM FOR LOCAL GOVERNMENTS. (a) GRANT PROGRAM.— (1) COST-EFFECTIVE LIGHTING TECHNOLOGY.— specific activities needed to replace existing (1) IN GENERAL.—The Administrator of the (A) IN GENERAL.—The term ‘‘cost-effective lighting technologies with more cost-effec- Environmental Protection Agency (referred lighting technology’’ means a lighting tech- tive lighting technologies, to the maximum to in this section as the ‘‘Administrator’’) nology that— extent feasible (including at the maximum shall establish a demonstration program (i) will result in substantial operational rate feasible), at each GSA facility. under which the Administrator shall provide cost savings by ensuring an installed con- (ii) GOAL.—The goal of the timetable under competitive grants to assist local govern- sumption of not more than 1 watt per square clause (i) shall be to complete, using avail- ments (such as municipalities and counties), foot; or able appropriations, maximum feasible re- with respect to local government buildings— (ii) is contained in a list under— placement of existing lighting technologies (A) to deploy cost-effective technologies (I) section 553 of Public Law 95–619 (42 with more cost-effective lighting tech- and practices; and U.S.C. 8259b); and nologies by not later than the date that is 5 (B) to achieve operational cost savings, (II) Federal acquisition regulation 23–203. years after the date of enactment of this through the application of cost-effective (B) INCLUSIONS.—The term ‘‘cost-effective Act. technologies and practices, as verified by the lighting technology’’ includes— (c) GSA FACILITY COST-EFFECTIVE TECH- Administrator. (i) lamps; NOLOGIES AND PRACTICES.—Not later than 180 (2) COST SHARING.— (ii) ballasts; days after the date of enactment of this Act, (A) IN GENERAL.—The Federal share of the (iii) luminaires; and annually thereafter, the Administrator cost of an activity carried out using a grant (iv) lighting controls; shall— provided under this section shall be 40 per- (v) daylighting; and (1) ensure that a manager responsible for cent. (vi) early use of other highly cost-effective accelerating the use of cost-effective tech- (B) WAIVER OF NON-FEDERAL SHARE.—The lighting technologies. nologies and practices is designated for each Administrator may waive up to 100 percent (2) COST-EFFECTIVE TECHNOLOGIES AND GSA facility; and of the local share of the cost of any grant PRACTICES.—The term ‘‘cost-effective tech- (2) submit to Congress a plan, to be imple- under this section should the Administrator nologies and practices’’ means a technology mented to the maximum extent feasible (in- determine that the community is economi- or practice that— cluding at the maximum rate feasible) using cally distressed, pursuant to objective eco- (A) will result in substantial operational available appropriations, by not later than nomic criteria established by the Adminis- cost savings by reducing utility costs; and the date that is 5 years after the date of en- trator in published guidelines. (B) complies with the provisions of section actment of this Act, that— (3) MAXIMUM AMOUNT.—The amount of a 553 of Public Law 95–619 (42 U.S.C. 8259b) and (A) identifies the specific activities needed grant provided under this subsection shall Federal acquisition regulation 23–203. to achieve a 20-percent reduction in oper- not exceed $1,000,000. (3) OPERATIONAL COST SAVINGS.— ational costs through the application of cost- (b) GUIDELINES.— (A) IN GENERAL.—The term ‘‘operational effective technologies and practices from (1) IN GENERAL.—Not later than 1 year after cost savings’’ means a reduction in end-use 2003 levels at GSA facilities by not later than the date of enactment of this Act, the Ad- operational costs through the application of 5 years after the date of enactment of this ministrator shall issue guidelines to imple- cost-effective technologies and practices, in- Act; ment the grant program established under cluding a reduction in electricity consump- (B) describes activities required and car- subsection (a). tion relative to consumption by the same ried out to estimate the funds necessary to (2) REQUIREMENTS.—The guidelines under customer or at the same facility in a given achieve the reduction described in subpara- paragraph (1) shall establish— year, as defined in guidelines promulgated graph (A); (A) standards for monitoring and by the Administrator pursuant to section (C) describes the status of the implementa- verification of operational cost savings 403(b), that achieves cost savings sufficient tion of cost-effective technologies and prac- through the application of cost-effective to pay the incremental additional costs of tices at GSA facilities, including— technologies and practices reported by using cost-effective technologies and prac- (i) the extent to which programs, including grantees under this section; tices by not later than the date that is 5 the program established under subsection (B) standards for grantees to implement years after the date of installation. (b), are being carried out in accordance with training programs, and to provide technical (B) INCLUSIONS.—The term ‘‘operational this subtitle; and assistance and education, relating to the ret- cost savings’’ includes savings achieved at a (ii) the status of funding requests and ap- rofit of buildings using cost-effective tech- facility as a result of— propriations for those programs; nologies and practices; and (i) the installation or use of cost-effective (D) identifies within the planning, budg- (C) a requirement that each local govern- technologies and practices; or eting, and construction process all types of ment that receives a grant under this section (ii) the planting of vegetation that shades GSA facility-related procedures that inhibit shall achieve facility-wide cost savings, the facility and reduces the heating, cooling, new and existing GSA facilities from imple- through renovation of existing local govern- or lighting needs of the facility. menting cost-effective technologies and ment buildings using cost-effective tech- (C) EXCLUSION.—The term ‘‘operational practices; nologies and practices, of at least 40 percent cost savings’’ does not include savings from (E) recommends language for uniform as compared to the baseline operational measures that would likely be adopted in the standards for use by Federal agencies in im- costs of the buildings before the renovation absence of cost-effective technology and plementing cost-effective technologies and (as calculated assuming a 3-year, weather- practices programs, as determined by the practices; normalized average). Administrator. (F) in coordination with the Office of Man- (c) COMPLIANCE WITH STATE AND LOCAL (4) GSA FACILITY.— agement and Budget, reviews the budget LAW.—Nothing in this section or any pro- (A) IN GENERAL.—The term ‘‘GSA facility’’ process for capital programs with respect to gram carried out using a grant provided means any building, structure, or facility, in alternatives for— under this section supersedes or otherwise whole or in part (including the associated

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support systems of the building, structure, ing, the environmental and energy impacts (2) COMMITTEE.—The term ‘‘Committee’’ or facility) that— of building location and site design, the means the Green Building Advisory Com- (i) is constructed (including facilities con- minimization of energy and materials use, mittee established under section 433(a). structed for lease), renovated, or purchased, and the environmental impacts of the build- (3) DIRECTOR.—The term ‘‘Director’’ means in whole or in part, by the Administrator for ing are considered; the individual appointed to the position es- use by the Federal Government; or (3) according to the United States Green tablished under section 431(a). (ii) is leased, in whole or in part, by the Building Council, certified green buildings, (4) FEDERAL FACILITY.— Administrator for use by the Federal Gov- as compared to conventional buildings— (A) IN GENERAL.—The term ‘‘Federal facil- ernment— (A) use an average of 36 percent less total ity’’ means any building or facility the in- (I) except as provided in subclause (II), for energy (and in some cases up to 50 to 70 per- tended use of which requires the building or a term of not less than 5 years; or cent less total energy); facility to be— (II) for a term of less than 5 years, if the (B) use 30 percent less water; and (i) accessible to the public; and Administrator determines that use of cost- (C) reduce waste costs, often by 50 to 90 (ii) constructed or altered by or on behalf effective technologies and practices would percent; of the United States. result in the payback of expenses. (4) the benefits of high-performance green (B) EXCLUSIONS.—The term ‘‘Federal facil- (B) INCLUSION.—The term ‘‘GSA facility’’ buildings are important, because in the ity’’ does not include a privately-owned resi- includes any group of buildings, structures, United States, buildings are responsible for dential or commercial structure that is not or facilities described in subparagraph (A) approximately— leased by the Federal Government. (including the associated energy-consuming (A) 39 percent of primary energy use; (5) HIGH-PERFORMANCE GREEN BUILDING.— support systems of the buildings, structures, (B) 12 percent of potable water use; The term ‘‘high-performance green building’’ and facilities). (C) 136,000,000 tons of building-related con- means a building— (C) EXEMPTION.—The Administrator may struction and demolition debris; (A) that, during its life-cycle— exempt from the definition of ‘‘GSA facility’’ (D) 70 percent of United States resource (i) reduces energy, water, and material re- under this paragraph a building, structure, consumption; and source use and the generation of waste; or facility that meets the requirements of (E) 70 percent of electricity consumption; (ii) improves indoor environmental qual- section 543(c) of Public Law 95–619 (42 U.S.C. (5) green building certification programs ity, including protecting indoor air quality 8253(c)). can be highly beneficial by disseminating up- during construction, using low-emitting ma- to-date information and expertise regarding Subtitle B—Installation of Photovoltaic Sys- terials, improving thermal comfort, and im- high-performance green buildings, and by tem at Department of Energy Headquarters proving lighting and acoustic environments providing third-party verification of green Building that affect occupant health and produc- building design, practices, and materials, SEC. 411. INSTALLATION OF PHOTOVOLTAIC SYS- tivity; and other aspects of buildings; and TEM AT DEPARTMENT OF ENERGY (iii) improves indoor and outdoor impacts HEADQUARTERS BUILDING. (6) a July 2006 study completed for the of the building on human health and the en- (a) IN GENERAL.—The Administrator of General Services Administration, entitled vironment; General Services shall install a photovoltaic ‘‘Sustainable Building Rating Systems Sum- (iv) increases the use of environmentally system, as set forth in the Sun Wall Design mary,’’ concluded that— preferable products, including biobased, re- Project, for the headquarters building of the (A) green building standards are an impor- cycled content, and nontoxic products with Department of Energy located at 1000 Inde- tant means to encourage better practices; pendence Avenue, Southwest, Washington, (B) the Leadership in Energy and Environ- lower life-cycle impacts; D.C., commonly known as the Forrestal mental Design (LEED) standard for green (v) increases reuse and recycling opportu- Building. building certification is ‘‘currently the dom- nities; and (b) FUNDING.—There shall be available inant system in the United States market (vi) integrates systems in the building; and from the Federal Buildings Fund established and is being adapted to multiple markets (B) for which, during its planning, design, by section 592 of title 40, United States Code, worldwide’’; and and construction, the environmental and en- $30,000,000 to carry out this section. Such (C) there are other useful green building ergy impacts of building location and site sums shall be derived from the unobligated certification or rating programs in various design are considered. balance of amounts made available from the stages of development and adoption, includ- (6) LIFE CYCLE.—The term ‘‘life cycle’’, Fund for fiscal year 2007, and prior fiscal ing the Green Globes program and other rat- with respect to a high-performance green years, for repairs and alterations and other ing systems. building, means all stages of the useful life of the building (including components, activities (excluding amounts made avail- (b) PURPOSES.—The purposes of this sub- equipment, systems, and controls of the able for the energy program). Such sums title are— building) beginning at conception of a green shall remain available until expended. (1) to encourage the Federal Government (c) OBLIGATION OF FUNDS.—None of the building project and continuing through site to act as an example for State and local gov- funds made available pursuant to subsection selection, design, construction, landscaping, ernments, the private sector, and individuals (b) may be obligated prior to September 30, commissioning, operation, maintenance, ren- by building high-performance green build- 2007. ovation, deconstruction or demolition, re- ings that reduce energy use and environ- moval, and recycling of the green building. Subtitle C—High-Performance Green mental impacts; (7) LIFE-CYCLE ASSESSMENT.—The term Buildings (2) to establish an Office within the Gen- ‘‘life-cycle assessment’’ means a comprehen- SEC. 421. SHORT TITLE. eral Services Administration, and a Green This subtitle may be cited as the ‘‘High- Building Advisory Committee, to advance sive system approach for measuring the envi- Performance Green Buildings Act of 2007’’. the goals of conducting research and devel- ronmental performance of a product or serv- SEC. 422. FINDINGS AND PURPOSES. opment and public outreach, and to move the ice over the life of the product or service, be- (a) FINDINGS.—Congress finds that— Federal Government toward construction of ginning at raw materials acquisition and (1) high-performance green buildings— high-performance green buildings; continuing through manufacturing, trans- (A) reduce energy, water, and material re- (3) to encourage States, local governments, portation, installation, use, reuse, and end- source use and the generation of waste; and school systems to site, build, renovate, of-life waste management. (B) improve indoor environmental quality, and operate high-performance green schools (8) LIFE-CYCLE COSTING.—The term ‘‘life- and protect indoor air quality by, for exam- through the adoption of voluntary guidelines cycle costing’’, with respect to a high-per- ple, using materials that emit fewer or no for those schools, the dissemination of formance green building, means a technique toxic chemicals into the indoor air; grants, and the adoption of environmental of economic evaluation that— (C) improve thermal comfort; health plans and programs; (A) sums, over a given study period, the (D) improve lighting and the acoustic envi- (4) to strengthen Federal leadership on costs of initial investment (less resale ronment; high-performance green buildings through value), replacements, operations (including (E) improve the health and productivity of the adoption of incentives for high-perform- energy use), and maintenance and repair of individuals who live and work in the build- ance green buildings, and improved green an investment decision; and ings; procurement by Federal agencies; and (B) is expressed— (F) improve indoor and outdoor impacts of (5) to demonstrate that high-performance (i) in present value terms, in the case of a the buildings on human health and the envi- green buildings can and do provide signifi- study period equivalent to the longest useful ronment; cant benefits, in order to encourage wider life of the building, determined by taking (G) increase the use of environmentally adoption of green building practices, through into consideration the typical life of such a preferable products, including biobased, re- the adoption of demonstration projects. building in the area in which the building is cycled, and nontoxic products with lower to be located; or lifecycle impacts; and SEC. 423. DEFINITIONS. (ii) in annual value terms, in the case of (H) increase opportunities for reuse of ma- In this subtitle: any other study period. terials and for recycling; (1) ADMINISTRATOR.—The term ‘‘Adminis- (9) OFFICE.—The term ‘‘Office’’ means the (2) during the planning, design, and con- trator’’ means the Administrator of General Office of High-Performance Green Buildings struction of a high-performance green build- Services. established under section 432(a).

VerDate Mar 15 2010 21:51 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JN7.REC S11JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 11, 2007 CONGRESSIONAL RECORD — SENATE S7483 PART I—OFFICE OF HIGH-PERFORMANCE (2) identifies within the planning, budg- (F) national recognition within the build- GREEN BUILDINGS eting, and construction process all types of ing industry. SEC. 431. OVERSIGHT. Federal facility procedures that inhibit new (3) BIENNIAL REVIEW.—The Director shall— (a) IN GENERAL.—The Administrator shall and existing Federal facilities from becom- (A) conduct a biennial review of the stand- establish within the General Services Ad- ing high-performance green buildings, as ard identified under paragraph (1); and ministration, and appoint an individual to measured by the standard for high-perform- (B) include the results of each biennial re- serve as Director in, a position in the career- ance green buildings identified in accordance view in the report required to be submitted reserved Senior Executive service, to— with subsection (d); under subsection (c). (1) establish and manage the Office in ac- (3) identifies inconsistencies, as reported (e) IMPLEMENTATION.—The Office shall cordance with section 432; and to the Committee, in Federal law with re- carry out each plan for implementation of (2) carry out other duties as required under spect to product acquisition guidelines and recommendations under subsection (c)(7). this subtitle. high-performance product guidelines; SEC. 433. GREEN BUILDING ADVISORY COM- (4) recommends language for uniform MITTEE. (b) COMPENSATION.—The compensation of (a) ESTABLISHMENT.—Not later than 180 the Director shall not exceed the maximum standards for use by Federal agencies in en- days after the date of enactment of this Act, rate of basic pay for the Senior Executive vironmentally responsible acquisition; (5) in coordination with the Office of Man- the Director shall establish an advisory com- Service under section 5382 of title 5, United agement and Budget, reviews the budget mittee, to be known as the ‘‘Green Building States Code, including any applicable local- process for capital programs with respect to Advisory Committee’’. ity-based comparability payment that may alternatives for— (b) MEMBERSHIP.— be authorized under section 5304(h)(2)(C) of (A) restructuring of budgets to require the (1) IN GENERAL.—The Committee shall be that title. use of complete energy- and environmental- composed of representatives of, at a min- SEC. 432. OFFICE OF HIGH-PERFORMANCE cost accounting; imum— GREEN BUILDINGS. (B) using operations expenditures in budg- (A) each agency referred to in section (a) ESTABLISHMENT.—The Director shall es- et-related decisions while simultaneously in- 432(b)(1); and tablish within the General Services Adminis- corporating productivity and health meas- (B) other relevant agencies and entities, as tration an Office of High-Performance Green ures (as those measures can be quantified by determined by the Director, including at Buildings. the Office, with the assistance of universities least 1 representative of each of— (b) DUTIES.—The Director shall— and national laboratories); (i) State and local governmental green (1) ensure full coordination of high-per- (C) permitting Federal agencies to retain building programs; formance green building information and ac- all identified savings accrued as a result of (ii) independent green building associa- tivities within the General Services Admin- the use of life cycle costing; and tions or councils; istration and all relevant Federal agencies, (D) identifying short- and long-term cost (iii) building experts, including architects, including, at a minimum— savings that accrue from high-performance material suppliers, and construction con- (A) the Environmental Protection Agency; green buildings, including those relating to tractors; (B) the Office of the Federal Environ- health and productivity; (iv) security advisors focusing on national mental Executive; (6) identifies green, self-sustaining tech- security needs, natural disasters, and other (C) the Office of Federal Procurement Pol- nologies to address the operational needs of dire emergency situations; and icy; Federal facilities in times of national secu- (v) environmental health experts, includ- (D) the Department of Energy; rity emergencies, natural disasters, or other ing those with experience in children’s (E) the Department of Health and Human dire emergencies; health. Services; (7) summarizes and highlights develop- (2) NON-FEDERAL MEMBERS.—The total (F) the Department of Defense; and ment, at the State and local level, of green number of non-Federal members on the Com- (G) such other Federal agencies as the Di- building initiatives, including Executive or- mittee at any time shall not exceed 15. rector considers to be appropriate; ders, policies, or laws adopted promoting (c) MEETINGS.—The Director shall establish (2) establish a senior-level green building green building (including the status of im- a regular schedule of meetings for the Com- advisory committee, which shall provide ad- plementation of those initiatives); and mittee. vice and recommendations in accordance (8) includes, for the 2-year period covered (d) DUTIES.—The Committee shall provide with section 433; by the report, recommendations to address advice and expertise for use by the Director (3) identify and biennially reassess im- each of the matters, and a plan for imple- in carrying out the duties under this sub- proved or higher rating standards rec- mentation of each recommendation, de- title, including such recommendations relat- ommended by the Committee; scribed in paragraphs (1) through (6). ing to Federal activities carried out under (4) establish a national high-performance (d) IDENTIFICATION OF STANDARD.— sections 434 through 436 as are agreed to by green building clearinghouse in accordance (1) IN GENERAL.—For the purpose of sub- a majority of the members of the Com- with section 434, which shall provide green section (c)(2), not later than 60 days after the mittee. building information through— date of enactment of this Act, the Director (e) FACA EXEMPTION.—The Committee (A) outreach; shall identify a standard that the Director shall not be subject to section 14 of the Fed- (B) education; and determines to be the most likely to encour- eral Advisory Committee Act (5 U.S.C. App.). (C) the provision of technical assistance; age a comprehensive and environmentally- SEC. 434. PUBLIC OUTREACH. (5) ensure full coordination of research and sound approach to certification of green The Director, in coordination with the development information relating to high- buildings. Committee, shall carry out public outreach performance green building initiatives under (2) BASIS.—The standard identified under to inform individuals and entities of the in- section 435; paragraph (1) shall be based on— formation and services available Govern- (6) identify and develop green building (A) a biennial study, which shall be carried ment-wide by— standards that could be used for all types of out by the Director to compare and evaluate (1) establishing and maintaining a national Federal facilities in accordance with section standards; high-performance green building clearing- 435; (B) the ability and availability of assessors house, including on the Internet, that— (7) establish green practices that can be and auditors to independently verify the cri- (A) identifies existing similar efforts and used throughout the life of a Federal facil- teria and measurement of metrics at the coordinates activities of common interest; ity; scale necessary to implement this subtitle; and (8) review and analyze current Federal (C) the ability of the applicable standard- (B) provides information relating to high- budget practices and life-cycle costing setting organization to collect and reflect performance green buildings, including issues, and make recommendations to Con- public comment; hyperlinks to Internet sites that describe re- gress, in accordance with section 436; and (D) the ability of the standard to be devel- lated activities, information, and resources (9) complete and submit the report de- oped and revised through a consensus-based of— scribed in subsection (c). process; (i) the Federal Government; (c) REPORT.—Not later than 2 years after (E) an evaluation of the adequacy of the (ii) State and local governments; the date of enactment of this Act, and bien- standard, which shall give credit for— (iii) the private sector (including non- nially thereafter, the Director shall submit (i) efficient and sustainable use of water, governmental and nonprofit entities and or- to Congress a report that— energy, and other natural resources; ganizations); and (1) describes the status of the green build- (ii) use of renewable energy sources; (iv) other relevant organizations, including ing initiatives under this subtitle and other (iii) improved indoor environmental qual- those from other countries; Federal programs in effect as of the date of ity through enhanced indoor air quality, (2) identifying and recommending edu- the report, including— thermal comfort, acoustics, day lighting, cational resources for implementing high- (A) the extent to which the programs are pollutant source control, and use of low- performance green building practices, in- being carried out in accordance with this emission materials and building system con- cluding security and emergency benefits and subtitle; and trols; and practices; (B) the status of funding requests and ap- (iv) such other criteria as the Director de- (3) providing access to technical assistance propriations for those programs; termines to be appropriate; and on using tools and resources to make more

VerDate Mar 15 2010 21:51 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JN7.REC S11JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7484 CONGRESSIONAL RECORD — SENATE June 11, 2007 cost-effective, energy-efficient, health-pro- (4) explore the feasibility of incorporating Federal law with respect to school facilities, tective, and environmentally beneficial deci- the benefits of green buildings, such as secu- including relevant updates on trends in the sions for constructing high-performance rity benefits, into a cost-budget analysis to field, such as the impact of school facility green buildings, including tools available to aid in life-cycle costing for budget and deci- environments on student and staff— conduct life-cycle costing and life-cycle as- sion making processes. (A) health, safety, and productivity; and sessment; SEC. 437. AUTHORIZATION OF APPROPRIATIONS. (B) disabilities or special needs; (4) providing information on application There is authorized to be appropriated to (2) provides research using relevant tools processes for certifying a high-performance carry out this part $4,000,000 for each of fiscal identified or developed in accordance with green building, including certification and years 2008 through 2012, to remain available section 435(a) to quantify the relationships commissioning; until expended. between— (5) providing technical information, mar- (A) human health, occupant productivity, PART II—HEALTHY HIGH-PERFORMANCE ket research, or other forms of assistance or and student performance; and SCHOOLS advice that would be useful in planning and (B) with respect to school facilities, each constructing high-performance green build- SEC. 441. DEFINITION OF HIGH-PERFORMANCE of— ings; and SCHOOL. (i) pollutant emissions from materials and (6) using such other methods as are deter- In this part, the term ‘‘high-performance products; mined by the Director to be appropriate. school’’ has the meaning given the term (ii) natural day lighting; ‘‘healthy, high-performance school building’’ SEC. 435. RESEARCH AND DEVELOPMENT. (iii) ventilation choices and technologies; in section 5586 of the Elementary and Sec- (a) ESTABLISHMENT.—The Director, in co- (iv) heating and cooling choices and tech- ondary Education Act of 1965 (20 U.S.C. nologies; ordination with the Committee, shall— 7277e). (1)(A) survey existing research and studies (v) moisture control and mold; relating to high-performance green build- SEC. 442. GRANTS FOR HEALTHY SCHOOL ENVI- (vi) maintenance, cleaning, and pest con- RONMENTS. ings; and trol activities; The Administrator of the Environmental (B) coordinate activities of common inter- (vii) acoustics; and Protection Agency, in consultation with the est; (viii) other issues relating to the health, Secretary of Education, may provide grants (2) develop and recommend a high-perform- comfort, productivity, and performance of to qualified State agencies for use in— ance green building research plan that— occupants of the school facilities; (1) providing technical assistance for pro- (A) identifies information and research (3) provides technical assistance on siting, grams of the Environmental Protection needs, including the relationships between design, management, and operation of school Agency (including the Tools for Schools Pro- human health, occupant productivity, and facilities, including facilities used by stu- gram and the Healthy School Environmental each of— dents with disabilities or special needs; Assessment Tool) to schools for use in ad- (i) emissions from materials and products (4) collaborates with federally funded pedi- dressing environmental issues; and in the building; atric environmental health centers to assist (2) development of State school environ- (ii) natural day lighting; in on-site school environmental investiga- mental quality plans that include— (iii) ventilation choices and technologies; tions; (A) standards for school building design, (iv) heating, cooling, and system control (5) assists States and the public in better construction, and renovation; and choices and technologies; understanding and improving the environ- (B) identification of ongoing school build- (v) moisture control and mold; mental health of children; and ing environmental problems in the State and (vi) maintenance, cleaning, and pest con- (6) provides to the Office a biennial report recommended solutions to address those trol activities; of all activities carried out under this part, problems, including assessment of informa- (vii) acoustics; and which the Director shall include in the re- tion on the exposure of children to environ- (viii) other issues relating to the health, port described in section 432(c). mental hazards in school facilities. comfort, productivity, and performance of (b) PUBLIC OUTREACH.—The Director shall occupants of the building; and SEC. 443. MODEL GUIDELINES FOR SITING OF ensure, to the maximum extent practicable, (B) promotes the development and dissemi- SCHOOL FACILITIES. that the public clearinghouse established nation of high-performance green building The Administrator of the Environmental under section 434 receives and makes avail- measurement tools that, at a minimum, may Protection Agency, in consultation with the able— be used— Secretary of Education and the Secretary of (1) information from the Administrator of (i) to monitor and assess the life-cycle per- Health and Human Services, shall develop the Environmental Protection Agency that formance of facilities (including demonstra- voluntary school site selection guidelines is contained in the report described in sub- tion projects) built as high-performance that account for— section (a)(6); and green buildings; and (1) the special vulnerability of children to (2) information on the exposure of children (ii) to perform life-cycle assessments; hazardous substances or pollution exposures to environmental hazards in school facili- (3) assist the budget and life-cycle costing in any case in which the potential for con- ties, as provided by the Administrator of the functions of the Office under section 436; tamination at a potential school site exists; Environmental Protection Agency. (4) study and identify potential benefits of (2) modes of transportation available to SEC. 446. AUTHORIZATION OF APPROPRIATIONS. green buildings relating to security, natural students and staff; There is authorized to be appropriated to disaster, and emergency needs of the Federal (3) the efficient use of energy; and carry out this part $10,000,000 for the period Government; and (4) the potential use of a school at the site of fiscal years 2008 through 2012, to remain (5) support other research initiatives deter- as an emergency shelter. available until expended. mined by the Office. SEC. 444. PUBLIC OUTREACH. PART III—STRENGTHENING FEDERAL (b) INDOOR AIR QUALITY.—The Director, in (a) IN GENERAL.—The Administrator of the LEADERSHIP consultation with the Committee, shall de- Environmental Protection Agency shall pro- SEC. 451. INCENTIVES. velop and carry out a comprehensive indoor vide to the Director information relating to As soon as practicable after the date of en- air quality program for all Federal facilities all activities carried out under this part, actment of this Act, the Director shall iden- to ensure the safety of Federal workers and which the Director shall include in the re- tify incentives to encourage the use of green facility occupants— port described in section 432(c). buildings and related technology in the oper- (1) during new construction and renovation (b) PUBLIC OUTREACH.—The Director shall ations of the Federal Government, including of facilities; and ensure, to the maximum extent practicable, through— (2) in existing facilities. that the public clearinghouse established (1) the provision of recognition awards; and SEC. 436. BUDGET AND LIFE-CYCLE COSTING AND under section 434 receives and makes avail- (2) the maximum feasible retention of fi- CONTRACTING. able information on the exposure of children nancial savings in the annual budgets of Fed- (a) ESTABLISHMENT.—The Director, in co- to environmental hazards in school facili- eral agencies. ordination with the Committee, shall— ties, as provided by the Administrator of the SEC. 452. FEDERAL PROCUREMENT. (1) identify, review, and analyze current Environmental Protection Agency. (a) IN GENERAL.—Not later than 2 years budget and contracting practices that affect SEC. 445. ENVIRONMENTAL HEALTH PROGRAM. after the date of enactment of this Act, the achievement of high-performance green (a) IN GENERAL.—The Administrator of the Director of the Office of Federal Procure- buildings, including the identification of bar- Environmental Protection Agency, in con- ment Policy, in consultation with the Direc- riers to green building life-cycle costing and sultation with the Secretary of Education, tor and the Under Secretary of Defense for budgetary issues; the Secretary of Health and Human Services, Acquisition, Technology, and Logistics, shall (2) develop guidance and conduct training and other relevant agencies, shall issue vol- promulgate revisions of the applicable acqui- sessions with budget specialists and con- untary guidelines for use by the State in de- sition regulations, to take effect as of the tracting personnel from Federal agencies veloping and implementing an environ- date of promulgation of the revisions— and budget examiners to apply life-cycle cost mental health program for schools that— (1) to direct any Federal procurement ex- criteria to actual projects; (1) takes into account the status and find- ecutives involved in the acquisition, con- (3) identify tools to aid life-cycle cost deci- ings of Federal research initiatives estab- struction, or major renovation (including sionmaking; and lished under this subtitle and other relevant contracting for the construction or major

VerDate Mar 15 2010 21:51 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JN7.REC S11JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 11, 2007 CONGRESSIONAL RECORD — SENATE S7485 renovation) of any facility, to the maximum PART IV—DEMONSTRATION PROJECT ‘‘(B) commercial medium-duty or heavy- extent practicable— SEC. 461. COORDINATION OF GOALS. duty on-highway vehicles in accordance with (A) to employ integrated design principles; subsection (k). (a) IN GENERAL.—The Director shall estab- (B) to optimize building and systems en- lish guidelines to implement a demonstra- ‘‘(2) FUEL ECONOMY TARGET FOR AUTO- ergy performance; tion project to contribute to the research MOBILES.— ‘‘(A) AUTOMOBILE FUEL ECONOMY AVERAGE (C) to protect and conserve water; goals of the Office. (D) to enhance indoor environmental qual- FOR MODEL YEARS 2011 THROUGH 2020.—The Sec- (b) PROJECTS.— ity; and retary shall prescribe average fuel economy (1) IN GENERAL.—In accordance with guide- standards for automobiles in each model (E) to reduce environmental impacts of lines established by the Director under sub- year beginning with model year 2011 to materials and waste flows; and section (a) and the duties of the Director de- achieve a combined fuel economy average for (2) to direct Federal procurement execu- scribed in part I, the Director shall carry out model year 2020 of at least 35 miles per gal- tives involved in leasing buildings, to give 3 demonstration projects. preference to the lease of facilities that, to lon for the fleet of automobiles manufac- (2) LOCATION OF PROJECTS.—Each project tured or sold in the United States. The aver- the maximum extent practicable— carried out under paragraph (1) shall be lo- age fuel economy standards prescribed by (A) are energy-efficient; and cated in a Federal building in a State rec- (B) have applied contemporary high-per- the Secretary shall be the maximum feasible ommended by the Director in accordance average fuel economy standards for model formance and sustainable design principles with subsection (c). during construction or renovation. years 2011 through 2019. (3) REQUIREMENTS.—Each project carried (b) GUIDANCE.—Not later than 90 days after ‘‘(B) AUTOMOBILE FUEL ECONOMY AVERAGE out under paragraph (1) shall— the date of promulgation of the revised regu- FOR MODEL YEARS 2021 THROUGH 2030.—For (A) provide for the evaluation of the infor- lations under subsection (a), the Director model years 2021 through 2030, the average mation obtained through the conduct of shall issue guidance to all Federal procure- fuel economy required to be attained by the projects and activities under this subtitle; ment executives providing direction and the fleet of automobiles manufactured or sold in and option to renegotiate the design of proposed the United States shall be at least 4 percent (B) achieve the highest available rating facilities, renovations for existing facilities, greater than the average fuel economy under the standard identified pursuant to and leased facilities to incorporate improve- standard required to be attained for the fleet ments that are consistent with this section. section 432(d). in the previous model year (rounded to the (c) CRITERIA.—With respect to the existing 1 SEC. 453. FEDERAL GREEN BUILDING PERFORM- nearest ⁄10 mile per gallon). ANCE. or proposed Federal facility at which a dem- ‘‘(C) PROGRESS TOWARD STANDARD RE- (a) IN GENERAL.—Not later than October 31 onstration project under this section is con- QUIRED.—In prescribing average fuel econ- of each of the 2 fiscal years following the fis- ducted, the Federal facility shall— omy standards under subparagraph (A), the cal year in which this Act is enacted, and at (1) be an appropriate model for a project Secretary shall prescribe annual fuel econ- such times thereafter as the Comptroller relating to— omy standard increases that increase the ap- General of the United States determines to (A) the effectiveness of high-performance plicable average fuel economy standard rat- be appropriate, the Comptroller General of technologies; ably beginning with model year 2011 and end- the United States shall, with respect to the (B) analysis of materials, components, and ing with model year 2020.’’. fiscal years that have passed since the pre- systems, including the impact on the health (b) FUEL ECONOMY TARGET FOR COMMERCIAL ceding report— of building occupants; MEDIUM-DUTY AND HEAVY-DUTY ON-HIGHWAY (1) conduct an audit of the implementation (C) life-cycle costing and life-cycle assess- VEHICLES.—Section 32902 of title 49, United of this subtitle; and ment of building materials and systems; and States Code, is amended by adding at the end (2) submit to the Office, the Committee, (D) location and design that promote ac- thereof the following: the Administrator, and Congress a report de- cess to the Federal facility through walking, ‘‘(k) COMMERCIAL MEDIUM- AND HEAVY- scribing the results of the audit. biking, and mass transit; and DUTY ON-HIGHWAY VEHICLES.— (b) CONTENTS.—An audit under subsection (2) possess sufficient technological and or- ‘‘(1) STUDY.—No later than 18 months after (a) shall include a review, with respect to the ganizational adaptability. the date of enactment of the Ten-in-Ten Fuel period covered by the report under sub- (d) REPORT.—Not later than 1 year after Economy Act, the Secretary of Transpor- section (a)(2), of— the date of enactment of this Act, and annu- tation, in consultation with the Secretary of (1) budget, life-cycle costing, and con- ally thereafter through September 30, 2013, Energy and the Administrator of the Envi- tracting issues, using best practices identi- the Director shall submit to the Adminis- ronmental Protection Agency, shall examine fied by the Comptroller General of the trator a report that describes the status of the fuel efficiency of commercial medium- United States and heads of other agencies in and findings regarding the demonstration and heavy-duty on-highway vehicles and de- accordance with section 436; project. termine— (2) the level of coordination among the Of- SEC. 462. AUTHORIZATION OF APPROPRIATIONS. ‘‘(A) the appropriate test procedures and fice, the Office of Management and Budget, There is authorized to be appropriated to methodologies for measuring commercial and relevant agencies; carry out the Federal demonstration project medium- and heavy-duty on-highway vehicle (3) the performance of the Office in car- described in section 461(b) $10,000,000 for the fuel efficiency; rying out the implementation plan; period of fiscal years 2008 through 2012, to re- ‘‘(B) the appropriate metric for measuring (4) the design stage of high-performance main available until expended. and expressing commercial medium- and green building measures; heavy-duty on-highway vehicle fuel effi- TITLE V—CORPORATE AVERAGE FUEL ciency performance, taking into consider- (5) high-performance building data that ECONOMY STANDARDS were collected and reported to the Office; ation, among other things, the work per- and SEC. 501. SHORT TITLE. formed by such on-highway vehicles and (6) such other matters as the Comptroller This title may be cited as the ‘‘Ten-in-Ten types of operations in which they are used; General of the United States determines to Fuel Economy Act’’. ‘‘(C) the range of factors, including, with- be appropriate. SEC. 502. AVERAGE FUEL ECONOMY STANDARDS out limitation, design, functionality, use, (c) ENVIRONMENTAL STEWARDSHIP SCORE- FOR AUTOMOBILES AND CERTAIN duty cycle, infrastructure, and total overall CARD.—The Director shall consult with the OTHER VEHICLES. energy consumption and operating costs that Committee to enhance, and assist in the im- (a) INCREASED STANDARDS.—Section 32902 effect commercial medium- and heavy-duty plementation of, the Environmental Stew- of title 49, United States Code, is amended— on-highway vehicle fuel efficiency; and ardship Scorecard announced at the White (1) by striking ‘‘NON-PASSENGER AUTO- ‘‘(D) such other factors and conditions that House summit on Federal sustainable build- MOBILES.—’’ in subsection (a) and inserting could have an impact on a program to im- ings in January 2006, to measure the imple- ‘‘PRESCRIPTION OF STANDARDS BY REG- prove commercial medium- and heavy-duty mentation by each Federal agency of sus- ULATION.—’’; on-highway vehicle fuel efficiency. tainable design and green building initia- (2) by striking ‘‘(except passenger auto- ‘‘(2) RULEMAKING.—No later than 24 months tives. mobiles)’’ in subsection (a); and after completion of the study required by SEC. 454. STORM WATER RUNOFF REQUIRE- (3) by striking subsection (b) and inserting paragraph (1), the Secretary, in consultation MENTS FOR FEDERAL DEVELOP- the following: with the Secretary of Energy and the Admin- MENT PROJECTS. ‘‘(b) STANDARDS FOR AUTOMOBILES AND CER- istrator of the Environmental Protection The sponsor of any development or redevel- TAIN OTHER VEHICLES.— Agency, and based on the results of that opment project involving a Federal facility ‘‘(1) IN GENERAL.—The Secretary of Trans- study, shall determine in a rulemaking pro- with a footprint that exceeds 5,000 square portation, after consultation with the Ad- cedure how to implement a commercial feet shall use site planning, design, construc- ministrator of the Environmental Protection medium- and heavy-duty on-highway vehicle tion, and maintenance strategies for the Agency, shall prescribe average fuel econ- fuel efficiency improvement program and, as property to maintain, to the maximum ex- omy standards for— appropriate, shall adopt test methods, meas- tent technically feasible, the ‘‘(A) automobiles manufactured by a man- urement metrics, fuel efficiency standards, predevelopment hydrology of the property ufacturer in each model year beginning with and compliance and enforcement protocols with regard to the temperature, rate, vol- model year 2011 in accordance with sub- that are appropriate, cost-effective, and ume, and duration of flow. section (c); and technologically feasible for commercial

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medium- and heavy-duty on-highway vehi- ‘‘(3) MAXIMUM FEASIBLE STANDARD.—An av- trator of the Environmental Protection cles. erage fuel economy standard prescribed for Agency’’ after ‘‘Energy’’. ‘‘(3) LEAD-TIME; REGULATORY STABILITY.— automobiles under paragraph (1) shall be the (d) COMMENTS.—Section 32902(j) of title 49, Any commercial medium- and heavy-duty maximum feasible standard.’’. United States Code, is amended— on-highway vehicle fuel efficiency regu- (b) FEASIBILITY CRITERIA.—Section 32902(f) (1) by striking paragraph (1) and inserting latory program adopted pursuant to this sub- of title 49, United States Code, is amended to ‘‘(1) Before issuing a notice proposing to pre- section shall provide no less than 4 full read as follows: scribe or amend an average fuel economy model years of regulatory lead-time and 3 ‘‘(f) DECISIONS ON MAXIMUM FEASIBLE AV- standard under subsection (b), (c), or (g) of full model years of regulatory stability. ERAGE FUEL ECONOMY.— this section, the Secretary of Transportation ‘‘(4) COMMERCIAL MEDIUM- AND HEAVY-DUTY ‘‘(1) IN GENERAL.—When deciding maximum shall give the Secretary of Energy and Ad- ON-HIGHWAY VEHICLE DEFINED.—In this sub- feasible average fuel economy under this sec- ministrator of the Environmental Protection section, the term ‘commercial medium- and tion, the Secretary shall consider— Agency at least 30 days after the receipt of heavy-duty on-highway vehicle’ means a ‘‘(A) economic practicability; the notice during which the Secretary of En- commercial on-highway vehicle with a gross ‘‘(B) the effect of other motor vehicle ergy and Administrator may, if the Sec- vehicle weight rating of more than 10,000 standards of the Government on fuel econ- retary of Energy or Administrator concludes pounds.’’. omy; that the proposed standard would adversely (c) AUTHORITY OF SECRETARY.—Section ‘‘(C) environmental impacts; and affect the conservation goals of the Sec- 32902 of title 49, United States Code, as ‘‘(D) the need of the United States to con- retary of Energy or environmental protec- amended by subsection (b), is further amend- serve energy. tion goals of the Administrator, provide ed by adding at the end thereof the fol- ‘‘(2) LIMITATIONS.—In setting any standard written comments to the Secretary of Trans- lowing: under subsection (b), (c), or (d), the Sec- portation about the impact of the standard ‘‘(l) AUTHORITY OF THE SECRETARY.— retary shall ensure that each standard is the on those goals. To the extent the Secretary ‘‘(1) VEHICLE ATTRIBUTES.—The authority highest standard that— of Transportation does not revise a proposed of the Secretary to prescribe by regulation ‘‘(A) is technologically achievable; standard to take into account comments of average fuel economy standards for auto- ‘‘(B) can be achieved without materially the Secretary of Energy or Administrator on mobiles under this section includes the au- reducing the overall safety of automobiles any adverse impact of the standard, the Sec- thority— manufactured or sold in the United States; retary of Transportation shall include those ‘‘(A) to prescribe standards based on vehi- ‘‘(C) is not less than the standard for that comments in the notice.’’; and cle attributes related to fuel economy and to class of vehicles from any prior year; and (2) by inserting ‘‘and the Administrator’’ express the standards in the form of a math- ‘‘(D) is cost-effective. after ‘‘Energy’’ each place it appears in para- ematical function; and ‘‘(3) COST-EFFECTIVE DEFINED.—In this sub- graph (2). ‘‘(B) to issue regulations under this title section, the term ‘cost-effective’ means that (e) TECHNICAL AND CONFORMING AMEND- prescribing average fuel economy standards the value to the United States of reduced MENTS.— for 1 or more model years. fuel use from a proposed fuel economy stand- (1) Section 32902(d) of title 49, United ‘‘(2) PROHIBITION OF UNIFORM PERCENTAGE ard is greater than or equal to the cost to States Code, is amended by striking ‘‘pas- INCREASE.—When the Secretary prescribes a the United States of such standard. In deter- senger’’ each place it appears. standard, or prescribes an amendment under mining cost-effectiveness, the Secretary (2) Section 32902(g) of title 49, United this section that changes a standard, the shall give priority to those technologies and States Code, is amended— standard may not be expressed as a uniform packages of technologies that offer the larg- (A) by striking ‘‘subsection (a) or (d)’’ each percentage increase from the fuel-economy est reduction in fuel use relative to their place it appears in paragraph (1) and insert- performance of attribute classes or cat- costs. ing ‘‘subsection (b), (c), or (d)’’; and egories already achieved in a model year by ‘‘(4) FACTORS FOR CONSIDERATION BY SEC- (B) striking ‘‘(and submit the amendment a manufacturer.’’. RETARY IN DETERMINING COST-EFFECTIVE- to Congress when required under subsection SEC. 503. AMENDING FUEL ECONOMY STAND- NESS.—The Secretary shall consult with the (c)(2) of this section)’’ in paragraph (2). ARDS. Administrator of the Environmental Protec- SEC. 504. DEFINITIONS. (a) IN GENERAL.—Section 32902(c) of title tion Agency, and may consult with such (a) IN GENERAL.—Section 32901(a) of title 49, United States Code, is amended to read as other departments and agencies as the Sec- 49, United States Code, is amended— follows: retary deems appropriate, and shall consider (1) by striking paragraph (3) and inserting ‘‘(c) AMENDING FUEL ECONOMY STAND- in the analysis the following factors: the following: ARDS.— ‘‘(A) Economic security. ‘‘(3) except as provided in section 32908 of ‘‘(1) IN GENERAL.—Notwithstanding sub- ‘‘(B) The impact of the oil or energy inten- this title, ‘automobile’ means a 4-wheeled sections (a) and (b), the Secretary of Trans- sity of the United States economy on the vehicle that is propelled by fuel, or by alter- portation— sensitivity of the economy to oil and other native fuel, manufactured primarily for use ‘‘(A) may prescribe a standard higher than fuel price changes, including the magnitude on public streets, roads, and highways and that required under subsection (b); or of gross domestic product losses in response rated at not more than 10,000 pounds gross ‘‘(B) may prescribe an average fuel econ- to short term price shocks or long term price vehicle weight, except— omy standard for automobiles that is the increases. ‘‘(A) a vehicle operated only on a rail line; maximum feasible level for the model year, ‘‘(C) National security, including the im- ‘‘(B) a vehicle manufactured by 2 or more despite being lower than the standard re- pact of United States payments for oil and manufacturers in different stages and less quired under subsection (b), if the Secretary other fuel imports on political, economic, than 10,000 of which are manufactured per determines, based on clear and convincing and military developments in unstable or un- year; or evidence, that the average fuel economy friendly oil-exporting countries. ‘‘(C) a work truck.’’; and standard prescribed in accordance with sub- ‘‘(D) The uninternalized costs of pipeline (2) by adding at the end the following: sections (a) and (b) for automobiles in that and storage oil seepage, and for risk of oil ‘‘(17) ‘work truck’ means an automobile model year is shown not to be cost-effective. spills from production, handling, and trans- that the Secretary determines by regula- ‘‘(2) REQUIREMENTS FOR LOWER STANDARD.— port, and related landscape damage. tion— Before adopting an average fuel economy ‘‘(E) The emissions of pollutants including ‘‘(A) is rated at between 8,500 and 10,000 standard for automobiles for a model year greenhouse gases over the lifecycle of the pounds gross vehicle weight; and during model years 2021 through 2030 that is fuel and the resulting costs to human health, ‘‘(B) is not a medium-duty passenger vehi- lower than the standard required by sub- the economy, and the environment. cle (as defined in section 86.1803–01 of title 40, section (b), the Secretary of Transportation ‘‘(F) Such additional factors as the Sec- Code of Federal Regulations).’’. shall do the following: retary deems relevant. (b) DEADLINE FOR REGULATIONS.—The Sec- ‘‘(A) NOTICE OF PROPOSED RULE.—At least ‘‘(5) MINIMUM VALUATION.—When consid- retary of Transportation— 30 months before the model year for which ering the value to consumers of a gallon of (1) shall issue proposed regulations imple- the standard is to apply, the Secretary shall gasoline saved, the Secretary of Transpor- menting the amendments made by sub- post a notice of proposed rulemaking for the tation shall use as a minimum value the section (a) not later than 1 year after the proposed standard. The notice shall include a greater of— date of enactment of this Act; and detailed analysis of the basis for the Sec- ‘‘(A) the average value of gasoline prices (2) shall issue final regulations imple- retary’s determination under paragraph projected by the Energy Information Admin- menting the amendments not later than 18 (1)(B). istration over the period covered by the months after the date of the enactment of ‘‘(B) FINAL RULE.—At least 18 months be- standard; or this Act. fore the model year for which the standard is ‘‘(B) the average value of gasoline prices (c) EFFECTIVE DATE.—Regulations pre- to apply, the Secretary shall promulgate a for the 5-year period immediately preceding scribed under subsection (b) shall apply be- final rule establishing the standard. the year in which the standard is estab- ginning with model year 2010. ‘‘(C) REPORT.—The Secretary shall submit lished.’’. SEC. 505. ENSURING SAFETY OF AUTOMOBILES. a report to Congress that outlines the steps (c) CONSULTATION REQUIREMENT.—Section (a) IN GENERAL.—Subchapter II of chapter that need to be taken to avoid further reduc- 32902(i) of title 49, United States Code, is 301 of title 49, United States Code, is amend- tions in average fuel economy standards. amended by inserting ‘‘and the Adminis- ed by adding at the end the following:

VerDate Mar 15 2010 21:51 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JN7.REC S11JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 11, 2007 CONGRESSIONAL RECORD — SENATE S7487 ‘‘§ 30129. Vehicle compatibility and ‘‘(iii) is designed to encourage the manu- mittee on Commerce, Science, and Transpor- aggressivity reduction standard facture and sale of automobiles that meet or tation and the House of Representatives ‘‘(a) STANDARDS.—The Secretary of Trans- exceed applicable fuel economy standards Committee on Energy and Commerce, with portation shall issue a motor vehicle safety under section 32902. its findings and recommendations no later standard to reduce automobile incompati- ‘‘(G) a fuelstar under paragraph (5).’’; and than 18 months after the date on which the bility and aggressivity. The standard shall (2) by adding at the end of subsection (b) Secretary executes the agreement with the address characteristics necessary to ensure the following: Academy. ‘‘(4) GREEN LABEL PROGRAM.— better management of crash forces in mul- SEC. 510. STANDARDS FOR EXECUTIVE AGENCY ‘‘(A) MARKETING ANALYSIS.—Not later than tiple vehicle frontal and side impact crashes AUTOMOBILES. between different types, sizes, and weights of 2 years after the date of the enactment of automobiles with a gross vehicle weight of the Ten-in-Ten Fuel Economy Act, the Ad- (a) IN GENERAL.—Section 32917 of title 49, 10,000 pounds or less in order to decrease oc- ministrator shall implement a consumer United States Code, is amended to read as cupant deaths and injuries. education program and execute marketing follows: strategies to improve consumer under- ‘‘(b) CONSUMER INFORMATION.—The Sec- ‘‘§ 32917. Standards for Executive agency standing of automobile performance de- retary shall develop and implement a public automobiles information side and frontal compatibility scribed in paragraph (1)(F). crash test program with vehicle ratings ‘‘(B) ELIGIBILITY.—Not later than 3 years ‘‘(a) FUEL EFFICIENCY.—The head of an Ex- based on risks to occupants, risks to other after the date described in subparagraph (A), ecutive agency shall ensure that each new motorists, and combined risks by vehicle the Administrator shall issue requirements automobile procured by the Executive agen- make and model.’’. for the label or logo required under para- cy is as fuel efficient as practicable. (b) RULEMAKING DEADLINES.— graph (1)(F) to ensure that an automobile is ‘‘(b) DEFINITIONS.—In this section: (1) RULEMAKING.—The Secretary of Trans- not eligible for the label or logo unless it— ‘‘(1) EXECUTIVE AGENCY.—The term ‘Execu- portation shall issue— ‘‘(i) meets or exceeds the applicable fuel tive agency’ has the meaning given that (A) a notice of a proposed rulemaking economy standard; or term in section 105 of title 5. under section 30129 of title 49, United States ‘‘(ii) will have the lowest greenhouse gas ‘‘(2) NEW AUTOMOBILE.—The term ‘new emissions over the useful life of the vehicle Code, not later than January 1, 2012; and automobile’, with respect to the fleet of of all vehicles in the vehicle attribute class (B) a final rule under such section not later automobiles of an executive agency, means to which it belongs in that model year. than December 31, 2014. an automobile that is leased for at least 60 FFECTIVE DATE OF REQUIREMENTS.—Any ‘‘(5) FUELSTAR PROGRAM.— (2) E consecutive days or bought, by or for the Ex- requirement imposed under the final rule ‘‘(A) IN GENERAL.—The Secretary shall es- ecutive agency, after September 30, 2008. The issued under paragraph (1) shall become fully tablish a program, to be known as the term does not include any vehicle designed effective not later than September 1, 2018. ‘Fuelstar Program’, under which stars shall for combat-related missions, law enforce- (c) CONFORMING AMENDMENT.—The chapter be imprinted on or attached to the label re- ment work, or emergency rescue work.’’. analysis for chapter 301 is amended by in- quired by paragraph (1). serting after the item relating to section ‘‘(B) GREEN STARS.—Under the Fuelstar (b) REPORT.—The Administrator of the 30128 the following: Program, a manufacturer may include on the General Services Administration shall de- ‘‘30129. Vehicle compatibility and label maintained on an automobile under velop a report describing and evaluating the aggressivity reduction stand- paragraph (1)— efforts of the heads of the Executive agencies ard’’. ‘‘(i) 1 green star for any automobile that to comply with section 32917 of title 49, United States Code, for fiscal year 2009. The SEC. 506. CREDIT TRADING PROGRAM. meets the average fuel economy standard for Administrator shall submit the report to Section 32903 of title 49, United States the model year under section 32902; and Congress no later than December 31, 2009. Code, is amended— ‘‘(ii) 1 additional green star for each 2 (1) by striking ‘‘passenger’’ each place it miles per gallon by which the automobile ex- SEC. 511. ENSURING AVAILABILITY OF FLEXIBLE appears; ceeds such standard. FUEL AUTOMOBILES. (2) by striking ‘‘section 32902(b)–(d) of this ‘‘(C) GOLD STARS.—Under the Fuelstar Pro- (a) AMENDMENT.— title’’ each place it appears and inserting gram, a manufacturer may include a gold (1) IN GENERAL.—Chapter 329 of title 49, ‘‘subsection (a), (c), or (d) of section 32902’’; star on the label maintained on an auto- mobile under paragraph (1) if the automobile United States Code, is amended by inserting (3) by striking ‘‘3 consecutive model years’’ after section 32902 the following: in subsection (a)(2) and inserting ‘‘5 consecu- attains a fuel economy of at least 50 miles tive model years’’; per gallon.’’. ‘‘§ 32902A. Requirement to manufacture flexi- (4) in subsection (a)(2), by striking ‘‘clause SEC. 508. CONTINUED APPLICABILITY OF EXIST- ble fuel automobiles (1) of this subsection,’’ and inserting ‘‘para- ING STANDARDS. graph (1)’’; and Nothing in this title, or the amendments ‘‘(a) IN GENERAL.—For each model year, (5) by striking subsection (e) and inserting made by this title, shall be construed to af- each manufacturer of new automobiles de- the following: fect the application of section 32902 of title scribed in subsection (b) shall ensure that ‘‘(e) CREDIT TRADING AMONG MANUFACTUR- 49, United States Code, to passenger auto- the percentage of such automobiles manufac- ERS.—The Secretary of Transportation may mobiles or non-passenger automobiles manu- tured in a particular model year that are establish, by regulation, a corporate average factured before model year 2011. flexible fuel vehicles shall be not less than fuel economy credit trading program to SEC. 509. NATIONAL ACADEMY OF SCIENCES the percentage set forth for that model year allow manufacturers whose automobiles ex- STUDIES. in the following table: ceed the average fuel economy standards (a) IN GENERAL.—As soon as practicable 2012 ...... 50 percent prescribed under section 32902 to earn credits after the date of enactment of this Act, the to be sold to manufacturers whose auto- Secretary of Transportation shall execute an 2013 ...... 60 percent mobiles fail to achieve the prescribed stand- agreement with the National Academy of 2014 ...... 70 percent ards such that the total oil savings associ- Sciences to develop a report evaluating vehi- 2015 ...... 80 percent ated with manufacturers that exceed the pre- cle fuel economy standards, including— scribed standards are preserved when trans- (1) an assessment of automotive tech- ‘‘(b) AUTOMOBILES TO WHICH SECTION AP- ferring credits to manufacturers that fail to nologies and costs to reflect developments PLIES..—An automobile is described in this achieve the prescribed standards.’’. since the Academy’s 2002 report evaluating subsection if it— SEC. 507. LABELS FOR FUEL ECONOMY AND the corporate average fuel economy stand- ‘‘(1) is capable of operating on gasoline or GREENHOUSE GAS EMISSIONS. ards was conducted; diesel fuel; Section 32908 of title 49, United States (2) an analysis of existing and potential ‘‘(2) is distributed in interstate commerce Code, is amended— technologies that may be used practically to for sale in the United States; and (1) by redesignating subparagraph (F) of improve automobile fuel economy; ‘‘(3) does not contain certain engines that subsection (b)(1) as subparagraph (H) and in- (3) an analysis of how such technologies the Secretary of Transportation, in consulta- serting after subparagraph (E) the following: may be practically integrated into the auto- tion with the Administrator of the Environ- ‘‘(F) a label (or a logo imprinted on a label motive manufacturing process; and mental Protection Agency and the Secretary required by this paragraph) that— (4) an assessment of how such technologies of Energy, may temporarily exclude from the ‘‘(i) reflects an automobile’s performance may be used to meet the new fuel economy definition because it is technologically infea- on the basis of criteria developed by the Ad- standards under chapter 329 of title 49, sible for the engines to have flexible fuel ca- ministrator to reflect the fuel economy and United States Code, as amended by this title. pability at any time during a period that the greenhouse gas and other emissions con- (b) QUINQUENNIAL UPDATES.—After submit- Secretaries and the Administrator are en- sequences of operating the automobile over ting the initial report, the Academy shall gaged in an active research program with the its likely useful life; update the report at 5 year intervals there- vehicle manufacturers to develop that capa- ‘‘(ii) permits consumers to compare per- after through 2025. bility for the engines.’’. formance results under clause (i) among all (c) REPORT.—The Academy shall submit (2) DEFINITION OF FLEXIBLE FUEL AUTO- automobiles; and the report to the Secretary, the Senate Com- MOBILE.—Section 32901(a) of title 49, United

VerDate Mar 15 2010 21:51 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JN7.REC S11JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7488 CONGRESSIONAL RECORD — SENATE June 11, 2007 States Code, is amended by inserting after SEC. 514. TIRE FUEL EFFICIENCY CONSUMER IN- States Code, is amended by inserting after paragraph (8), the following: FORMATION. the item relating to section 30123 the fol- ‘‘(8A) ‘flexible fuel automobile’ means an (a) IN GENERAL.—Chapter 301 of title 49, lowing: automobile described in paragraph (8)(A).’’. United States Code, is amended by inserting ‘‘30123A. Tire fuel efficiency consumer infor- (3) CLERICAL AMENDMENT.—The table of after section 30123 the following new section: mation’’. sections for chapter 329 of title 49, United ‘‘§ 30123A. Tire fuel efficiency consumer infor- SEC. 515. ADVANCED BATTERY INITIATIVE. States Code, is amended by inserting after mation (a) IN GENERAL.—The Secretary of Energy, the item relating to section 32902 the fol- ‘‘(a) RULEMAKING.— in consultation with the Secretary of Trans- lowing: ‘‘(1) IN GENERAL.—Not later than 18 months portation, shall establish and carry out an ‘‘Sec. 32902A. Requirement to manufacture after the date of enactment of the Ten-in- Advanced Battery Initiative in accordance flexible fuel automobiles’’. Ten Fuel Economy Act, the Secretary of with this section to support research, devel- Transportation shall, after notice and oppor- opment, demonstration, and commercial ap- (b) RULEMAKING.— plication of battery technologies. (1) IN GENERAL.—Not later than 1 year after tunity for comment, promulgate rules estab- lishing a national tire fuel efficiency con- (b) INDUSTRY ALLIANCE.—Not later than 180 the date of the enactment of this Act, the days after the date of enactment of this Act, Secretary of Transportation shall issue regu- sumer information program for tires de- signed for use on motor vehicles to educate the Secretary shall competitively select an lations to carry out the amendments made Industry Alliance to represent participants by subsection (a). consumers about the effect of tires on auto- mobile fuel efficiency. who are private, for-profit firms (2) HARDSHIP EXEMPTION.—The regulations headquartered in the United States, the pri- ‘‘(2) ITEMS INCLUDED IN RULE.—The rule- issued pursuant to paragraph (1) shall in- mary business of which is the manufacturing clude a process by which a manufacturer making shall include— ‘‘(A) a national tire fuel efficiency rating of batteries. may be exempted from the requirement (c) RESEARCH.— system for motor vehicle tires to assist con- under section 32902A(a) upon demonstrating (1) GRANTS.—The Secretary shall carry out sumers in making more educated tire pur- that such requirement would create a sub- research activities of the Initiative through chasing decisions; stantial economic hardship for the manufac- competitively-awarded grants to— ‘‘(B) requirements for providing informa- turer. (A) researchers, including Industry Alli- tion to consumers, including information at ance participants; SEC. 512. INCREASING CONSUMER AWARENESS the point of sale and other potential infor- OF FLEXIBLE FUEL AUTOMOBILES. (B) small businesses; mation dissemination methods, including (C) National Laboratories; and Section 32908 of title 49, United States the Internet; (D) institutions of higher education. Code, is amended by adding at the end the ‘‘(C) specifications for test methods for (2) INDUSTRY ALLIANCE.—The Secretary following: manufacturers to use in assessing and rating shall annually solicit from the Industry Alli- ‘‘(g) INCREASING CONSUMER AWARENESS OF tires to avoid variation among test equip- ance— FLEXIBLE FUEL AUTOMOBILES.—(1) The Sec- ment and manufacturers; and (A) comments to identify advanced battery retary of Energy, in consultation with the ‘‘(D) a national tire maintenance consumer technology and battery systems needs rel- Secretary of Transportation, shall prescribe education program including, information on evant to— regulations that require the manufacturer of tire inflation pressure, alignment, rotation, (i) electric drive technology; automobiles distributed in interstate com- and tread wear to maximize fuel efficiency. (ii) portable radio communications devices, merce for sale in the United States— ‘‘(3) APPLICABILITY.—This section shall not including devices used by public safety per- ‘‘(A) to prominently display a permanent apply to tires excluded from coverage under sonnel; and badge or emblem on the quarter panel or section 575.104(c)(2) of title 49, Code of Fed- (iii) other applications the Secretary tailgate of each such automobile that indi- eral Regulations, as in effect on date of en- deems appropriate; cates such vehicle is capable of operating on actment of the Ten-in-Ten Fuel Economy (B) an assessment of the progress of re- alternative fuel; and Act. search activities of the Initiative; and ‘‘(B) to include information in the owner’s ‘‘(b) CONSULTATION.—The Secretary shall (C) assistance in annually updating ad- manual of each such automobile information consult with the Secretary of Energy and the vanced battery technology and battery sys- that describes— Administrator of the Environmental Protec- tems roadmaps. ‘‘(i) the capability of the automobile to op- tion Agency on the means of conveying tire erate using alternative fuel; (d) AVAILABILITY TO THE PUBLIC.—The in- fuel efficiency consumer information. formation and roadmaps developed under ‘‘(ii) the benefits of using alternative fuel, ‘‘(c) REPORT TO CONGRESS.—The Secretary including the renewable nature, and the en- this section shall be available to the public. shall conduct periodic assessments of the (e) PREFERENCE.—In making awards under vironmental benefits of using alternative rules promulgated under this section to de- this subsection, the Secretary shall give fuel; and termine the utility of such rules to con- preference to participants in the Industry ‘‘(C) to contain a fuel tank cap that is sumers, the level of cooperation by industry, Alliance. clearly labeled to inform consumers that the and the contribution to national goals per- (f) COST SHARING.—In carrying out this sec- automobile is capable of operating on alter- taining to energy consumption. The Sec- tion, the Secretary shall require cost sharing native fuel. retary shall transmit periodic reports detail- in accordance with section 120(b) of title 23, ‘‘(2) The Secretary of Transportation shall ing the findings of such assessments to the United States Code. collaborate with automobile retailers to de- Senate Committee on Commerce, Science, (g) AUTHORIZATION OF APPROPRIATIONS.— velop voluntary methods for providing pro- and Transportation and the House of Rep- There are authorized to be appropriated to spective purchasers of automobiles with in- resentatives Committee on Energy and Com- carry out this section such sums as may be formation regarding the benefits of using al- merce. necessary for each of fiscal years 2008 ternative fuel in automobiles, including— ‘‘(d) TIRE MARKING.—The Secretary shall through 2012. ‘‘(A) the renewable nature of alternative not require permanent labeling of any kind SEC. 516. BIODIESEL STANDARDS. fuel; and on a tire for the purpose of tire fuel effi- (a) IN GENERAL.—Not later than 180 days ‘‘(B) the environmental benefits of using ciency information. after the date of enactment of this Act, the alternative fuel.’’. ‘‘(e) PREEMPTION.—When a requirement Administrator of the Environmental Protec- SEC. 513. PERIODIC REVIEW OF ACCURACY OF under this section is in effect, a State or po- tion Agency, in consultation with the Sec- FUEL ECONOMY LABELING PROCE- litical subdivision of a State may adopt or retary of Transportation and the Secretary DURES. enforce a law or regulation on tire fuel effi- of Energy, shall promulgate regulations to Beginning in December, 2009, and not less ciency consumer information only if the law ensure that all diesel-equivalent fuels de- often than every 5 years thereafter, the Ad- or regulation is identical to that require- rived from renewable biomass that are intro- ministrator of the Environmental Protection ment. Nothing in this section shall be con- duced into interstate commerce are tested Agency, in consultation with the Secretary strued to preempt a State or political sub- and certified to comply with appropriate of Transportation, shall— division of a State from regulating the fuel American Society for Testing and Materials (1) reevaluate the fuel economy labeling efficiency of tires not otherwise preempted standards. procedures described in the final rule pub- under this chapter.’’. (b) DEFINITIONS.—In this section: lished in the Federal Register on December (b) ENFORCEMENT.—Section 30165(a) of title (1) BIODIESEL.— 27, 2006 (71 Fed. Reg. 77,872; 40 C.F.R. parts 86 49, United States Code, is amended by adding (A) IN GENERAL.—The term ‘‘biodiesel’’ and 600) to determine whether changes in the at the end the following: means the monoalkyl esters of long chain factors used to establish the labeling proce- ‘‘(4) SECTION 30123a.—Any person who fails fatty acids derived from plant or animal dures warrant a revision of that process; and to comply with the national tire fuel effi- matter that meet— (2) submit a report to the Senate Com- ciency consumer information program under (i) the registration requirements for fuels mittee on Commerce, Science, and Transpor- section 30123A is liable to the United States and fuel additives established by the Envi- tation and the House of Representatives Government for a civil penalty of not more ronmental Protection Agency under section Committee on Energy and Commerce that than $50,000 for each violation.’’. 211 of the Clean Air Act (42 U.S.C. 7545); and describes the results of the reevaluation (c) Conforming Amendment.—The chapter (ii) the requirements of the American Soci- process. analysis for chapter 301 of title 49, United ety of Testing and Materials D6751.

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(B) INCLUSIONS.—The term ‘‘biodiesel’’ in- vide grants to expand the availability to con- sale in the usual course of the supplier’s cludes esters described in subparagraph (A) sumers of alternative fuels (as defined in sec- business during the 30 days prior to the derived from— tion 32901(a) of title 49, United States Code). President’s declaration of an energy emer- (i) animal waste, including poultry fat, (2) ELIGIBILITY.— gency; and poultry waste, and other waste material; and (A) IN GENERAL.—Except as provided in (II) grossly exceeds the prices at which the (ii) municipal solid waste, sludge, and oil subparagraph (B), any entity that is eligible same or similar crude oil gasoline or petro- derived from wastewater or the treatment of to receive assistance under the Clean Cities leum distillate was readily obtainable by wastewater. Program shall be eligible to receive a grant purchasers from other suppliers in the same (2) BIODIESEL BLEND.—The term ‘‘biodiesel under this subsection. relevant geographic market within the af- blend’’ means a mixture of biodiesel and die- (B) EXCEPTIONS.— fected area; or sel fuel, including— (i) CERTAIN OIL COMPANIES.—A large, (ii) represents an exercise of unfair lever- (A) a blend of biodiesel and diesel fuel ap- vertically-integrated oil company shall not age or unconscionable means on the part of proximately 5 percent of the content of be eligible to receive a grant under this sub- the supplier, during a period of declared en- which is biodiesel (commonly known as section. ergy emergency; and ‘‘B5’’); and (ii) PROHIBITION OF DUAL BENEFITS.—An en- (B) is not attributable to increased whole- (B) a blend of biodiesel and diesel fuel ap- tity that receives any other Federal funds sale or operational costs, including replace- proximately 20 percent of the content of for the construction or expansion of alter- ment costs, outside the control of the sup- which is biodiesel (commonly known as native refueling infrastructure shall not be plier, incurred in connection with the sale of ‘‘B20’’). eligible to receive a grant under this sub- crude oil, gasoline, or petroleum distillates; SEC. 517. USE OF CIVIL PENALTIES FOR RE- section for the construction or expansion of and is not attributable to local, regional, na- SEARCH AND DEVELOPMENT. the same alternative refueling infrastruc- tional, or international market conditions. Section 32912 of title 49, United States ture. (5) COMMISSION.—The term ‘‘Commission’’ Code, is amended by adding at the end there- (C) ENSURING COMPLIANCE.—Not later than means the Federal Trade Commission. of the following: 30 days after the date of enactment of this SEC. 603. PROHIBITION ON PRICE GOUGING DUR- ‘‘(e) USE OF CIVIL PENALTIES.—For fiscal Act, the Secretary of Energy shall promul- ING ENERGY EMERGENCIES. year 2008 and each fiscal year thereafter, gate regulations to ensure that, before re- (a) IN GENERAL.—During any energy emer- from the total amount deposited in the gen- ceiving a grant under this subsection, an eli- gency declared by the President under sec- eral fund of the Treasury during the pre- gible entity meets applicable standards re- tion 606 of this Act, it is unlawful for any ceding fiscal year from fines, penalties, and lating to the installation, construction, and supplier to sell, or offer to sell crude oil, gas- other funds obtained through enforcement expansion of infrastructure necessary to in- oline or petroleum distillates subject to that actions conducted pursuant to this section crease the availability to consumers of alter- declaration in, or for use in, the area to (including funds obtained under consent de- native fuels (as defined in section 32901(a) of which that declaration applies at an uncon- crees), the Secretary of the Treasury, subject title 49, United States Code). scionably excessive price. to the availability of appropriations, shall— (3) MAXIMUM AMOUNT.— (b) FACTORS CONSIDERED.—In determining ‘‘(1) transfer 50 percent of such total (A) GRANTS.—The amount of a grant pro- whether a violation of subsection (a) has oc- amount to the account providing appropria- vided under this subsection shall not exceed curred, there shall be taken into account, tions to the Secretary of Transportation for $30,000. among other factors, whether— the administration of this chapter, which (B) AMOUNT PER STATION.—An eligible enti- (1) the price charged was a price that shall be used by the Secretary to carry out a ty shall receive not more than $90,000 under would reasonably exist in a competitive and program of research and development into this subsection for any station of the eligible freely functioning market; and fuel saving automotive technologies and to entity during a fiscal year. (2) the amount of gasoline or other petro- support rulemaking under this chapter; and (4) USE OF FUNDS.— leum distillate the seller produced, distrib- ‘‘(2) transfer 50 percent of such total (A) IN GENERAL.—A grant provided under uted, or sold during the period the Proclama- amount to the Energy Security Fund estab- this subsection shall be used for the con- tion was in effect increased over the average lished by section 518(a) of the Ten-in-Ten struction or expansion of alternative fueling amount during the preceding 30 days. Fuel Economy Act.’’. infrastructure. SEC. 604. PROHIBITION ON MARKET MANIPULA- SEC. 518. ENERGY SECURITY FUND AND ALTER- (B) ADMINISTRATIVE EXPENSES.—Not more TION. NATIVE FUEL GRANT PROGRAM. than 3 percent of the amount of a grant pro- It is unlawful for any person, directly or (a) ESTABLISHMENT OF FUND.— vided under this subsection shall be used for indirectly, to use or employ, in connection (1) IN GENERAL.—There is established in the administrative expenses. with the purchase or sale of crude oil gaso- Treasury a fund, to be known as the ‘‘Energy SEC. 519. AUTHORIZATION OF APPROPRIATIONS. line or petroleum distillates at wholesale, Security Fund’’ (referred to in this section There are authorized to be appropriated to any manipulative or deceptive device or con- as the ‘‘Fund’’), consisting of— the Secretary of Transportation $25,000,000 trivance, in contravention of such rules and (A) amounts transferred to the Fund under for each of fiscal years 2009 through 2021 to regulations as the Commission may pre- section 32912(e)(2) of title 49, United States carry out the provisions of chapter 329 of scribe as necessary or appropriate in the Code; and title 49, United States Code. public interest or for the protection of (B) amounts credited to the Fund under SEC. 520. APPLICATION WITH CLEAN AIR ACT. United States citizens. paragraph (2)(C). Nothing in this title shall be construed to SEC. 605. PROHIBITION ON FALSE INFORMATION. (2) INVESTMENT OF AMOUNTS.— conflict with the authority provided by sec- (a) IN GENERAL.—It is unlawful for any per- (A) IN GENERAL.—The Secretary of the tions 202 and 209 of the Clean Air Act (42 son to report information related to the Treasury shall invest in interest-bearing ob- U.S.C. 7521 and 7543, respectively). wholesale price of crude oil gasoline or pe- ligations of the United States such portion TITLE VI—PRICE GOUGING troleum distillates to a Federal department of the Fund as is not, in the judgment of the SEC. 601. SHORT TITLE. or agency if— Secretary of the Treasury, required to meet This title may be cited as the ‘‘Petroleum (1) that person knew, or reasonably should current withdrawals. Consumer Price Gouging Protection Act’’. have known, the information to be false or (B) SALE OF OBLIGATIONS.—Any obligation SEC. 602. DEFINITIONS. misleading; acquired by the Fund may be sold by the In this title: (2) the information was required by law to Secretary of the Treasury at the market (1) AFFECTED AREA.—The term ‘‘affected be reported; and price. area’’ means an area covered by a Presi- (3) the person intended the false or mis- (C) CREDITS TO FUND.—The interest on, and dential declaration of energy emergency. leading data to affect data compiled by the the proceeds from the sale or redemption of, (2) SUPPLIER.—The term ‘‘supplier’’ means department or agency for statistical or ana- any obligations held in the Fund shall be any person engaged in the trade or business lytical purposes with respect to the market credited to, and form a part of, the Fund in of selling or reselling, at retail or wholesale, for crude oil, gasoline, or petroleum dis- accordance with section 9602 of the Internal or distributing crude oil, gasoline, or petro- tillates. Revenue Code of 1986. leum distillates. SEC. 606. PRESIDENTIAL DECLARATION OF EN- (3) USE OF AMOUNTS IN FUND.—Amounts in (3) PRICE GOUGING.—The term ‘‘price ERGY EMERGENCY. the Fund shall be made available to the Sec- gouging’’ means the charging of an uncon- (a) IN GENERAL.—If the President finds retary of Energy, subject to the availability scionably excessive price by a supplier in an that the health, safety, welfare, or economic of appropriations, to carry out the grant pro- affected area. well-being of the citizens of the United gram under subsection (b). (4) UNCONSCIONABLY EXCESSIVE PRICE.—The States is at risk because of a shortage or im- (b) ALTERNATIVE FUELS GRANT PROGRAM.— term ‘‘unconscionably excessive price’’ minent shortage of adequate supplies of (1) IN GENERAL.—Not later than 90 days means an average price charged during an crude oil, gasoline or petroleum distillates after the date of enactment of this Act, the energy emergency declared by the President due to a disruption in the national distribu- Secretary of Energy, acting through the in an area and for a product subject to the tion system for crude oil, gasoline or petro- Clean Cities Program of the Department of declaration, that— leum distillates (including such a shortage Energy, shall establish and carry out a pro- (A)(i)(I) constitutes a gross disparity from related to a major disaster (as defined in sec- gram under which the Secretary shall pro- the average price at which it was offered for tion 102(2) of the Robert T. Stafford Disaster

VerDate Mar 15 2010 21:51 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JN7.REC S11JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7490 CONGRESSIONAL RECORD — SENATE June 11, 2007 Relief and Emergency Assistance Act (42 the State have been or are being threatened tion 5 of the Federal Trade Commission Act U.S.C. 5122(2))), or significant pricing anoma- or adversely affected by a supplier engaged (15 U.S.C. 45). lies in national energy markets for crude oil, in the sale or resale, at retail or wholesale, (3) MULTIPLE OFFENSES; MITIGATING FAC- gasoline, or petroleum distillates, the Presi- or distribution of crude oil, gasoline or pe- TORS.—In assessing the penalty provided by dent may declare that a Federal energy troleum distillates in violation of section 603 subsection (a)— emergency exists. of this Act. (A) each day of a continuing violation shall (b) SCOPE AND DURATION.—The emergency (b) NOTICE.—The State shall serve written be considered a separate violation; and declaration shall specify— notice to the Commission of any civil action (B) the court shall take into consideration, (1) the period, not to exceed 30 days, for under subsection (a) prior to initiating the among other factors, the seriousness of the which the declaration applies; action. The notice shall include a copy of the violation and the efforts of the person com- (2) the circumstance or condition necessi- complaint to be filed to initiate the civil ac- mitting the violation to remedy the harm tating the declaration; and tion, except that if it is not feasible for the caused by the violation in a timely manner. (3) the area or region to which it applies State to provide such prior notice, the State (b) CRIMINAL PENALTY.—Violation of sec- which may not be limited to a single State; shall provide such notice immediately upon tion 603 of this Act is punishable by a fine of and instituting the civil action. not more than $5,000,000, imprisonment for (4) the product or products to which it ap- (c) AUTHORITY TO INTERVENE.—Upon receiv- not more than 5 years, or both. plies. ing the notice required by subsection (b), the SEC. 610. EFFECT ON OTHER LAWS. (c) EXTENSIONS.—The President may— Commission may intervene in the civil ac- (a) OTHER AUTHORITY OF THE COMMISSION.— (1) extend a declaration under subsection tion and, upon intervening— Nothing in this title shall be construed to (a) for a period of not more than 30 days; (1) may be heard on all matters arising in limit or affect in any way the Commission’s (2) extend such a declaration more than such civil action; and authority to bring enforcement actions or once; and (2) may file petitions for appeal of a deci- take any other measure under the Federal (3) discontinue such a declaration before sion in such civil action. Trade Commission Act (15 U.S.C. 41 et seq.) its expiration. (d) CONSTRUCTION.—For purposes of bring- or any other provision of law. SEC. 607. ENFORCEMENT BY THE FEDERAL ing any civil action under subsection (a), (b) STATE LAW.—Nothing in this title pre- TRADE COMMISSION. nothing in this section shall prevent the at- empts any State law. torney general of a State from exercising the (a) ENFORCEMENT.—This title shall be en- TITLE VII—ENERGY DIPLOMACY AND powers conferred on the Attorney General by forced by the Federal Trade Commission in SECURITY the same manner, by the same means, and the laws of such State to conduct investiga- with the same jurisdiction as though all ap- tions or to administer oaths or affirmations SEC. 701. SHORT TITLE. plicable terms of the Federal Trade Commis- or to compel the attendance of witnesses or This title may be cited as the ‘‘Energy Di- sion Act were incorporated into and made a the production of documentary and other plomacy and Security Act of 2007’’. part of this title. In enforcing section 603 of evidence. SEC. 702. DEFINITIONS. this Act, the Commission shall give priority (e) VENUE; SERVICE OF PROCESS.—In a civil In this title: to enforcement actions concerning compa- action brought under subsection (a)— (1) MAJOR ENERGY PRODUCER.—The term nies with total United States wholesale or (1) the venue shall be a judicial district in ‘‘major energy producer’’ means a country retail sales of crude oil, gasoline, and petro- which— that— leum distillates in excess of $500,000,000 per (A) the defendant operates; (A) had crude oil, oil sands, or natural gas year but shall not exclude enforcement ac- (B) the defendant was authorized to do to liquids production of 1,000,000 barrels per tions against companies with total United business; or day or greater average in the previous year; States wholesale sales of $500,000,000 or less (C) where the defendant in the civil action (B) has crude oil, shale oil, or oil sands re- per year. is found; serves of 6,000,000,000 barrels or greater, as (b) VIOLATION IS TREATED AS UNFAIR OR DE- (2) process may be served without regard to recognized by the Department of Energy; CEPTIVE ACT OR PRACTICE.—The violation of the territorial limits of the district or of the (C) had natural gas production of any provision of this title shall be treated as State in which the civil action is instituted; 30,000,000,000 cubic meters or greater in the an unfair or deceptive act or practice pro- and previous year; scribed under a rule issued under section (3) a person who participated with the de- (D) has natural gas reserves of 18(a)(1)(B) of the Federal Trade Commission fendant in an alleged violation that is being 1,250,000,000,000 cubic meters or greater, as Act (15 U.S.C. 57a(a)(1)(B)). litigated in the civil action may be joined in recognized by the Department of Energy; or (c) COMMISSION ACTIONS.—Following the the civil action without regard to the resi- (E) is a direct supplier of natural gas or declaration of an energy emergency by the dence of the person. liquefied natural gas to the United States. President under section 606 of this Act, the (f) LIMITATION ON STATE ACTION WHILE (2) MAJOR ENERGY CONSUMER.—The term Commission shall— FEDERAL ACTION IS PENDING.—If the Commis- ‘‘major energy consumer’’ means a country (1) maintain within the Commission— sion has instituted a civil action or an ad- that— (A) a toll-free hotline that a consumer may ministrative action for violation of this (A) had an oil consumption average of call to report an incident of price gouging in title, a State attorney general, or official or 1,000,000 barrels per day or greater in the pre- the affected area; and agency of a State, may not bring an action vious year; (B) a program to develop and distribute to under this section during the pendency of (B) had an oil consumption growth rate of the public informational materials to assist that action against any defendant named in 8 percent or greater in the previous year; residents of the affected area in detecting, the complaint of the Commission or the (C) had a natural gas consumption of avoiding, and reporting price gouging; other agency for any violation of this title 30,000,000,000 cubic meters or greater in the (2) consult with the Attorney General, the alleged in the Commission’s civil or adminis- previous year; or United States Attorney for the districts in trative action. (D) had a natural gas consumption growth which a disaster occurred (if the declaration (g) NO PREEMPTION.—Nothing contained in rate of 15 percent or greater in the previous is related to a major disaster), and State and this section shall prohibit an authorized year. local law enforcement officials to determine State official from proceeding in State court SEC. 703. SENSE OF CONGRESS ON ENERGY DI- whether any supplier in the affected area is to enforce a civil or criminal statute of that PLOMACY AND SECURITY. charging or has charged an unconscionably State. (a) FINDINGS.—Congress makes the fol- excessive price for crude oil, gasoline, or pe- SEC. 609. PENALTIES. lowing findings: troleum distillates in the affected area; and (a) CIVIL PENALTY.— (1) It is imperative to the national security (3) conduct investigations as appropriate (1) IN GENERAL.—In addition to any penalty and prosperity of the United States to have to determine whether any supplier in the af- applicable under the Federal Trade Commis- reliable, affordable, clean, sufficient, and fected area has violated section 603 of this sion Act, any supplier— sustainable sources of energy. Act, and upon such finding, take any action (A) that violates section 604 or section 605 (2) United States dependence on oil im- the Commission determines to be appro- of this Act is punishable by a civil penalty of ports causes tremendous costs to the United priate to remedy the violation. not more than $1,000,000; and States national security, economy, foreign SEC. 608. ENFORCEMENT BY STATE ATTORNEYS (B) that violates section 603 of this Act is policy, military, and environmental sustain- GENERAL. punishable by a civil penalty of— ability. (a) IN GENERAL.—A State, as parens (i) not more than $500,000, in the case of an (3) Energy security is a priority for the patriae, may bring a civil action on behalf of independent small business marketer of gas- governments of many foreign countries and its residents in an appropriate district court oline (within the meaning of section 324(c) of increasingly plays a central role in the rela- of the United States to enforce the provi- the Clean Air Act (42 U.S.C. 7625(c))); and tions of the United States Government with sions of section 603 of this Act, or to impose (ii) not more than $5,000,000 in the case of foreign governments. Global reserves of oil the civil penalties authorized by section 609 any other supplier. and natural gas are concentrated in a small for violations of section 603, whenever the at- (2) METHOD.—The penalties provided by number of countries. Access to these oil and torney general of the State has reason to be- paragraph (1) shall be obtained in the same natural gas supplies depends on the political lieve that the interests of the residents of manner as civil penalties imposed under sec- will of these producing states. Competition

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Oil exporting rity and economic interests, promoting parency; and states have received dramatically increased international peace and security, expanding (J) research and training collaboration; revenues due to high global prices, enhanc- international development, supporting (3) to advance the national security pri- ing the ability of some of these states to act democratic reform, fostering economic ority of developing sustainable and clean en- in a manner threatening to global stability. growth, and safeguarding the environment. ergy sources, including through research and (4) Efforts to combat poverty and protect (2) Democracy and freedom should be pro- development related to, and deployment of— the environment are hindered by the contin- moted globally by partnership with foreign (A) renewable electrical energy sources, in- ued predominance of oil and natural gas in governments, including in particular govern- cluding biomass, wind, and solar; meeting global energy needs. Development of ments of emerging democracies such as (B) renewable transportation fuels, includ- renewable energy through sustainable prac- those of Ukraine and Georgia, in their efforts ing biofuels; tices will help lead to a reduction in green- to reduce their dependency on oil and nat- (C) clean coal technologies; house gas emissions and enhance inter- ural gas imports. (D) carbon sequestration, including in con- national development. (3) The United States Government and the junction with power generation, agriculture, (5) Cooperation on energy issues between governments of foreign countries have com- and forestry; and the United States Government and the gov- mon needs for adequate, reliable, affordable, (E) energy and fuel efficiency, including ernments of foreign countries is critical for clean, and sustainable energy in order to en- hybrids and plug-in hybrids, flexible fuel, ad- securing the strategic and economic inter- sure national security, economic growth, and vanced composites, hydrogen, and other ests of the United States and of partner gov- high standards of living in their countries. transportation technologies; and ernments. In the current global energy situa- Cooperation by the United States Govern- (4) to provide strategic focus for current tion, the energy policies and activities of the ment with foreign governments on meeting and future United States Government activi- governments of foreign countries can have energy security needs is mutually beneficial. ties in energy cooperation to meet the global dramatic impacts on United States energy United States Government partnership with need for energy security. foreign governments should include coopera- security. (e) DETERMINATION OF AGENDAS.—In gen- (b) SENSE OF CONGRESS.—It is the sense of tion with major energy consuming countries, eral, the specific agenda with respect to a Congress that— major energy producing countries, and other particular strategic energy partnership, and (1) United States national security re- governments seeking to advance global en- the Federal agencies designated to imple- quires that the United States Government ergy security through reliable and sustain- ment related activities, shall be determined have an energy policy that pursues the stra- able means. by the Secretary of State and the Secretary tegic goal of achieving energy security (4) The United States Government partici- of Energy. through access to clean, affordable, suffi- pates in hundreds of bilateral and multilat- (f) USE OF CURRENT AGREEMENTS TO ESTAB- cient, reliable, and sustainable sources of en- eral energy agreements and activities with LISH PARTNERSHIPS.—Some or all of the pur- ergy; foreign governments and entities. These poses of the strategic energy partnerships es- (2) achieving energy security is a priority agreements and activities should reflect the tablished under subsection (c) may be pur- for United States foreign policy and requires strategic need for energy security. sued through existing bilateral or multilat- continued and enhanced engagement with (b) STATEMENT OF POLICY.—It is the policy eral agreements and activities. Such agree- foreign governments and entities in a vari- of the United States— ments and activities shall be subject to the ety of areas, including activities relating to (1) to advance global energy security reporting requirements in subsection (g). the promotion of alternative and renewable through cooperation with foreign govern- fuels, trade and investment in oil, coal, and ments and entities; (g) REPORTS REQUIRED.— natural gas, energy efficiency, climate and (2) to promote reliable, diverse, and sus- (1) INITIAL PROGRESS REPORT.—Not later environmental protection, data trans- tainable sources of all types of energy; than 180 days after the date of the enactment parency, advanced scientific research, pub- (3) to increase global availability of renew- of this Act, the Secretary of State shall sub- lic-private partnerships, and energy activi- able and clean sources of energy; mit to the appropriate congressional com- ties in international development; (4) to decrease global dependence on oil mittees a report on progress made in devel- (3) the President should ensure that the and natural gas energy sources; and oping the strategic energy partnerships au- international energy activities of the United (5) to engage in energy cooperation to thorized under this section. States Government are given clear focus to strengthen strategic partnerships that ad- (2) ANNUAL PROGRESS REPORTS.— support the national security needs of the vance peace, security, and democratic pros- (A) IN GENERAL.—Not later than one year United States, and to this end, there should perity. after the date of the enactment of this Act, be established a mechanism to coordinate (c) AUTHORITY.—The Secretary of State, in and annually thereafter for 20 years, the Sec- the implementation of United States inter- coordination with the Secretary of Energy, retary of State shall submit to the appro- national energy policy among the Federal should immediately seek to establish and ex- priate congressional committees an annual pand strategic energy partnerships with the agencies engaged in relevant agreements and report on agreements entered into and ac- governments of major energy producers and activities; and tivities undertaken pursuant to this section, major energy consumers, and with govern- (4) the Secretary of State should ensure including international environment activi- ments of other countries (but excluding any that energy security is integrated into the ties. countries that are ineligible to receive core mission of the Department of State, and (B) CONTENT.—Each report submitted United States economic or military assist- under this paragraph shall include details to this end, there should be established with- ance). in the Office of the Secretary of State a Co- on— (d) PURPOSES.—The purposes of the stra- (i) agreements and activities pursued by ordinator for International Energy Affairs tegic energy partnerships established pursu- with responsibility for— the United States Government with foreign ant to subsection (c) are— governments and entities, the implementa- (A) developing United States international (1) to strengthen global relationships to energy policy in coordination with the De- tion plans for such agreements and progress promote international peace and security measurement benchmarks, United States partment of Energy and other relevant Fed- through fostering cooperation in the energy eral agencies; Government resources used in pursuit of sector on a mutually beneficial basis in ac- such agreements and activities, and legisla- (B) working with appropriate United cordance with respective national energy States Government officials to develop and tive changes recommended for improved policies; partnership; and update analyses of the national security im- (2) to promote the policy set forth in sub- plications of global energy developments; (ii) polices and actions in the energy sector section (b), including activities to advance— of partnership countries pertinent to United (C) incorporating energy security prior- (A) the mutual understanding of each ities into the activities of the Department; States economic, security, and environ- country’s energy needs, priorities, and poli- mental interests. (D) coordinating activities with relevant cies, including interparliamentary under- Federal agencies; and standing; SEC. 705. INTERNATIONAL ENERGY CRISIS RE- (E) coordinating energy security and other (B) measures to respond to acute energy SPONSE MECHANISMS. relevant functions currently undertaken by supply disruptions, particularly in regard to (a) FINDINGS.—Congress makes the fol- offices within the Bureau of Economic, Busi- petroleum and natural gas resources; lowing findings: ness, and Agricultural Affairs, the Bureau of (C) long-term reliability and sustainability (1) Cooperation between the United States Democracy and Global Affairs, and other of- in energy supply; Government and governments of other coun- fices within the Department of State. (D) the safeguarding and safe handling of tries during energy crises promotes the na- SEC. 704. STRATEGIC ENERGY PARTNERSHIPS. nuclear fuel; tional security of the United States. (a) FINDINGS.—Congress makes the fol- (E) human and environmental protection; (2) The participation of the United States lowing findings: (F) renewable energy production; in the International Energy Program estab- (1) United States Government partnership (G) access to reliable and affordable energy lished under the Agreement on an Inter- with foreign governments and entities, in- for underdeveloped areas, in particular en- national Energy Program, done at Paris No- cluding partnership with the private sector, ergy access for the poor; vember 18, 1974 (27 UST 1685), including in

VerDate Mar 15 2010 21:51 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JN7.REC S11JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7492 CONGRESSIONAL RECORD — SENATE June 11, 2007 the coordination of national strategic petro- response mechanism through existing or new should submit to Congress a report that de- leum reserves, is a national security asset agreements. scribes— that— (c) ENERGY CRISIS RESPONSE MECHANISM (A) the actions the United States Govern- (A) protects the consumers and the econ- FOR THE WESTERN HEMISPHERE.— ment has taken pursuant to such subsection; omy of the United States in the event of a (1) AUTHORITY.—The Secretary of State, in and major disruption in petroleum supply; coordination with the Secretary of Energy, (B) a summary of the debate on the matter (B) maximizes the effectiveness of the should immediately seek to establish a West- before the Governing Board of the Inter- United States strategic petroleum reserve ern Hemisphere energy crisis response mech- national Energy Agency, including any deci- through cooperation in accessing global re- anism. sion that has been reached by the Governing serves of various petroleum products; (2) SCOPE.—The mechanism established Board with respect to the matter. (C) provides market reassurance in coun- under paragraph (1) should include— SEC. 706. HEMISPHERE ENERGY COOPERATION tries that are members of the International (A) an information sharing and coordi- FORUM. Energy Program; and nating mechanism in case of energy supply (a) FINDINGS.—Congress makes the fol- (D) strengthens United States Government emergencies; lowing findings: relationships with members of the Inter- (B) technical assistance in the develop- (1) The engagement of the United States national Energy Program. ment and management of national strategic Government with governments of countries (3) The International Energy Agency petroleum reserves within countries of the in the Western Hemisphere is a strategic pri- projects that the largest growth in demand Western Hemisphere; ority for reducing the potential for tension for petroleum products, other than demand (C) technical assistance in developing na- over energy resources, maintaining and ex- from the United States, will come from tional programs to meet the requirements of panding reliable energy supplies, expanding China and India, which are not members of membership in a future international energy use of renewable energy, and reducing the the International Energy Program. The Gov- application procedure as described in sub- detrimental effects of energy import depend- ernments of China and India vigorously pur- section (d); ence within the hemisphere. Current energy sue access to global oil reserves and are at- (D) emergency demand restraint measures; dialogues should be expanded and refocused tempting to develop national petroleum re- (E) energy switching preparedness and al- as needed to meet this challenge. serves. Participation of the Governments of ternative energy production capacity; and (2) Countries of the Western Hemisphere China and India in an international petro- (F) ongoing demand intensity reduction can most effectively meet their common leum reserve mechanism would promote programs. needs for energy security and sustainability global energy security, but such participa- (3) MEMBERSHIP.—The Secretary should tion should be conditional on the Govern- through partnership and cooperation. Co- seek to include in the Western Hemisphere ments of China and India abiding by cus- operation between governments on energy energy crisis response mechanism member- tomary petroleum reserve management prac- issues will enhance bilateral relationships ship for each major energy producer and tices. among countries of the hemisphere. The major energy consumer in the Western (4) In the Western Hemisphere, only the Western Hemisphere is rich in natural re- Hemisphere and other members of the Hemi- United States and Canada are members of sources, including biomass, oil, natural gas, sphere Energy Cooperation Forum author- the International Energy Program. The vul- coal, and has significant opportunity for pro- ized under section 706. nerability of most Western Hemisphere duction of renewable hydro, solar, wind, and countries to supply disruptions from polit- (d) INTERNATIONAL ENERGY PROGRAM AP- other energies. Countries of the Western ical, natural, or terrorism causes may intro- PLICATION PROCEDURE.— Hemisphere can provide convenient and reli- duce instability in the hemisphere and can (1) AUTHORITY.—The President should place able markets for trade in energy goods and be a source of conflict, despite the existence on the agenda for discussion at the Gov- services. of major oil reserves in the hemisphere. erning Board of the International Energy (3) Development of sustainable energy al- (5) Countries that are not members of the Agency, as soon as practicable, the merits of ternatives in the countries of the Western International Energy Program and are un- establishing an international energy pro- Hemisphere can improve energy security, able to maintain their own national stra- gram application procedure. balance of trade, and environmental quality tegic reserves are vulnerable to petroleum (2) PURPOSE.—The purpose of such proce- and provide markets for energy technology supply disruption. Disruption in petroleum dure is to allow countries that are not mem- and agricultural products. Brazil and the supply and spikes in petroleum costs could bers of the International Energy Program to United States have led the world in the pro- devastate the economies of developing coun- apply to the Governing Board of the Inter- duction of ethanol, and deeper cooperation tries and could cause internal or interstate national Energy Agency for allocation of pe- on biofuels with other countries of the hemi- conflict. troleum reserve stocks in times of emer- sphere would extend economic and security (6) The involvement of the United States gency on a grant or loan basis. Such coun- benefits. Government in the extension of inter- tries should also receive technical assistance (4) Private sector partnership and invest- national mechanisms to coordinate strategic for, and be subject to, conditions requiring ment in all sources of energy is critical to petroleum reserves and the extension of development and management of national providing energy security in the Western other emergency preparedness measures programs for energy emergency prepared- Hemisphere. should strengthen the current International ness, including demand restraint, fuel (b) HEMISPHERE ENERGY COOPERATION Energy Program. switching preparedness, and development of FORUM.— (b) ENERGY CRISIS RESPONSE MECHANISMS alternative fuels production capacity. (1) ESTABLISHMENT.—The Secretary of WITH INDIA AND CHINA.— (e) REPORTS REQUIRED.— State, in coordination with the Secretary of (1) AUTHORITY.—The Secretary of State, in (1) PETROLEUM RESERVES.—Not later than Energy, should immediately seek to estab- coordination with the Secretary of Energy, 180 days after the date of the enactment of lish a regional-based ministerial forum to be should immediately seek to establish a pe- this Act, the Secretary of Energy shall sub- known as the Hemisphere Energy Coopera- troleum crisis response mechanism or mech- mit to the appropriate congressional com- tion Forum. anisms with the Governments of China and mittees a report that evaluates the options (2) PURPOSES.—The Hemisphere Energy Co- India. for adapting the United States national stra- operation Forum should seek— (2) SCOPE.—The mechanism or mechanisms tegic petroleum reserve and the inter- (A) to strengthen relationships between established under paragraph (1) should in- national petroleum reserve coordinating the United States and other countries of the clude— mechanism in order to carry out this sec- Western Hemisphere through cooperation on (A) technical assistance in the develop- tion. energy issues; ment and management of national strategic (2) CRISIS RESPONSE MECHANISMS.—Not (B) to enhance cooperation between major petroleum reserves; later than 180 days after the date of the en- energy producers and major energy con- (B) agreements for coordinating actment of this Act, the Secretary of State, sumers in the Western Hemisphere, particu- drawdowns of strategic petroleum reserves in coordination with the Secretary of En- larly among the governments of Brazil, Can- with the United States, conditional upon re- ergy, shall submit to the appropriate con- ada, Mexico, the United States, and Ven- serve holdings and management conditions gressional committees a report on the status ezuela; established by the Secretary of Energy; of the establishment of the international pe- (C) to ensure that energy contributes to (C) emergency demand restraint measures; troleum crisis response mechanisms de- the economic, social, and environmental en- (D) fuel switching preparedness and alter- scribed in subsections (b) and (c). The report hancement of the countries of the Western native fuel production capacity; and shall include recommendations of the Sec- Hemisphere; (E) ongoing demand intensity reduction retary of State and the Secretary of Energy (D) to provide an opportunity for open dia- programs. for any legislation necessary to establish or logue and joint commitments between mem- (3) USE OF EXISTING AGREEMENTS TO ESTAB- carry out such mechanisms. ber governments and with private industry; LISH MECHANISM.—The Secretary may, after (3) EMERGENCY APPLICATION PROCEDURE.— and consultation with Congress and in accord- Not later than 60 days after a discussion by (E) to provide participating countries the ance with existing international agreements, the Governing Board of the International flexibility necessary to cooperatively ad- including the International Energy Program, Energy Agency of the application procedure dress broad challenges posed to the energy include China and India in a petroleum crisis described under subsection (d), the President supply of the Western Hemisphere that are

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practical in policy terms and politically ac- (B) development and deployment of (C) REPORT.— ceptable. biofuels and other alternative fuels and clean (i) IN GENERAL.—Not later than 180 days (3) ACTIVITIES.—The Hemisphere Energy electrical production facilities, including after the date of enactment of this Act, and Cooperation Forum should implement the clean coal and carbon sequestration; annually thereafter, the head of each Federal following activities: (C) development and deployment of energy agency shall prepare and submit to the Sec- (A) An Energy Crisis Initiative that will efficient technologies and practices, includ- retary a report that includes a description of establish measures to respond to temporary ing in the industrial, residential, and trans- each Federal building for which the head of energy supply disruptions, including portation sectors; the Agency with jurisdiction over the Fed- through— (D) investment in oil and natural gas pro- eral building determined that compliance (i) strengthening sea-lane and infrastruc- duction and distribution; with the requirement under paragraph (1) ture security; (E) transparency of energy production and would be impracticable. (ii) implementing a real-time emergency reserves data; (ii) REVIEW BY SECRETARY.—Not later than information sharing system; (F) research promotion; and 90 days after the date on which the Secretary (iii) encouraging members to have emer- (G) training and education exchange pro- receives a report from a head of a Federal gency mechanisms and contingency plans in grams. agency under clause (i), the Secretary shall place; and (d) ANNUAL REPORT.—The Secretary of review the report and notify the head of the (iv) establishing a Western Hemisphere en- State, in coordination with the Secretary of Federal agency on whether any Federal ergy crisis response mechanism as author- Energy, shall submit to the appropriate con- building described in the report submitted by ized under section 705(c). gressional committees an annual report on the head of the Federal agency shall be re- (B) An Energy Sustainability Initiative to the implementation of this section, includ- quired to comply with the requirement under facilitate long-term supply security through ing the strategy and benchmarks for meas- paragraph (1). urement of progress developed under this fostering reliable supply sources of fuels, in- (D) REGULATIONS.—Not later than 180 days section. cluding development, deployment, and com- after the date of enactment of this Act, the mercialization of technologies for sustain- SEC. 707. APPROPRIATE CONGRESSIONAL COM- Secretary shall promulgate regulations to MITTEES DEFINED. able renewable fuels within the region, in- carry out this paragraph. In this title, the term ‘‘appropriate con- cluding activities that— (3) STUDY.— (i) promote production and trade in sus- gressional committees’’ means the Com- mittee on Foreign Relations and the Com- (A) IN GENERAL.—Not later than 1 year tainable energy, including energy from bio- after the date of enactment of this Act, the mass; mittee on Energy and Natural Resources of the Senate and the Committee on Foreign Secretary shall submit to Congress the re- (ii) facilitate investment, trade, and tech- sults of a study comparing— nology cooperation in energy infrastructure, Affairs and the Committee on Energy and Commerce of the House of Representatives. (i) the expected energy savings resulting petroleum products, natural gas (including from the implementation of this section; liquefied natural gas), energy efficiency (in- with cluding automotive efficiency), clean fossil SA 1503. Mr. CARDIN submitted an amendment intended to be proposed by (ii) energy savings under all other Federal energy, renewable energy, and carbon se- energy savings requirements. questration; him to the bill H.R. 6, to reduce our (B) INCLUSION.—The Secretary shall in- (iii) promote regional infrastructure and Nation’s dependency on foreign oil by clude in the report any recommendations for market integration; investing in clean, renewable, and al- changes to Federal law necessary to reduce (iv) develop effective and stable regulatory ternative energy resources, promoting or eliminate duplicative or inconsistent Fed- frameworks; new emerging energy technologies, de- eral energy savings requirements. (v) develop renewable fuels standards and renewable portfolio standards; veloping greater efficiency, and cre- ating a Strategic Energy Efficiency SA 1504. Mr. CARDIN submitted an (vi) establish educational training and ex- amendment intended to be proposed by change programs between member countries; and Renewables Reserve to invest in al- and ternative energy, and for other pur- him to the bill H.R. 6, to reduce our (vii) identify and remove barriers to trade poses; which was ordered to lie on the Nation’s dependency on foreign oil by in technology, services, and commodities. table; as follows: investing in clean, renewable, and al- (C) An Energy for Development Initiative At the end of subtitle E of title II, add the ternative energy resources, promoting to promote energy access for underdeveloped following: new emerging energy technologies, de- areas through energy policy and infrastruc- SEC. 269. GREEN BUILDING STANDARDS FOR veloping greater efficiency, and cre- ture development, including activities that— FEDERAL BUILDINGS. ating a Strategic Energy Efficiency (i) increase access to energy services for (a) DEFINITION OF LEED SILVER STAND- and Renewables Reserve to invest in al- the poor; ARD.—In this section, the term ‘‘LEED silver (ii) improve energy sector market condi- ternative energy, and for other pur- standard’’ means the Leadership in Energy poses; which was ordered to lie on the tions; and Environmental Design green building (iii) promote rural development though rating standard identified as silver by the table; as follows: biomass energy production and use; United States Green Building Council. At the appropriate place, insert the fol- (iv) increase transparency of, and partici- (b) GREEN BUILDING STANDARDS FOR FED- lowing: pation in, energy infrastructure projects; ERAL BUILDINGS.— SEC. lll. TELECOMMUTING TAX CREDIT. (v) promote development and deployment (1) REQUIREMENT.—Except as provided in (a) IN GENERAL.—Subpart D of part IV of of technology for clean and sustainable en- paragraph (2), a Federal building for which subchapter A of chapter 1 of the Internal ergy development, including biofuel and the design phase for construction or major Revenue Code of 1986 (relating to business re- clean coal technologies; and renovation is begun after the date of enact- lated credits) is amended by adding at the (vi) facilitate use of carbon sequestration ment of this Act shall be designed, con- end the following new section: methods in agriculture and forestry and structed, and certified to meet, at a min- ‘‘SEC. 45O. TELECOMMUTING CREDIT. linking greenhouse gas emissions reduction imum, the LEED silver standard. ‘‘(a) DETERMINATION OF AMOUNT.—For pur- programs to international carbon markets. (2) DETERMINATION OF IMPRACTICABILITY.— poses of section 38, the amount of the tele- (c) HEMISPHERE ENERGY INDUSTRY GROUP.— (A) IN GENERAL.—Subject to subparagraph commuting credit determined under this sec- (1) AUTHORITY.—The Secretary of State, in (C)(ii), the requirement under paragraph (1) tion for the taxable year shall be equal to 40 coordination with the Secretary of Com- shall not apply to a Federal building if the percent of the qualified first-year wages for merce and the Secretary of Energy, should head of the Federal agency with jurisdiction such year. approach the governments of other countries over the Federal building, in accordance ‘‘(b) QUALIFIED FIRST-YEAR WAGES.—For in the Western Hemisphere to seek coopera- with the factors described in subparagraph purposes of this section— tion in establishing a Hemisphere Energy In- (B), determines that compliance with the re- ‘‘(1) IN GENERAL.—The term ‘qualified first- dustry Group, to be coordinated by the quirement under paragraph (1) would be im- year wages’ means, with respect to any indi- United States Government, involving indus- practicable. vidual, qualified wages attributable to serv- try representatives and government rep- (B) FACTORS FOR DETERMINATION.—In deter- ice rendered during the 1-year period begin- resentatives from the Western Hemisphere. mining whether compliance with the re- ning with the day the individual begins work (2) PURPOSE.—The purpose of the forum quirement under paragraph (1) would be im- for the employer. should be to increase public-private partner- practicable, the head of the Federal agency ‘‘(2) QUALIFIED WAGES.—The term ‘qualified ships, foster private investment, and enable with jurisdiction over the Federal building wages’ means the wages paid or incurred by countries of the Western Hemisphere to de- shall determine— the employer during the taxable year to vise energy agendas compatible with indus- (i) the quantity of energy required by each qualified telecommuters. try capacity and cognizant of industry goals. activity carried out in the Federal building; ‘‘(3) ONLY FIRST $6,000 OF WAGES PER YEAR (3) TOPICS OF DIALOGUES.—Topics for the and TAKEN INTO ACCOUNT.—The amount of the forum should include— (ii) whether the Federal building is used to qualified first-year wages which may be (A) promotion of a secure investment cli- carry out an activity relating to national se- taken into account with respect to any indi- mate; curity. vidual shall not exceed $6,000 per year.

VerDate Mar 15 2010 21:51 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JN7.REC S11JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7494 CONGRESSIONAL RECORD — SENATE June 11, 2007 ‘‘(c) QUALIFIED TELECOMMUTER.—For pur- jamin Robinson, Kristen Meierhoff, and Whereas the Senate passed legislation au- poses of this section, the term ‘qualified Matthew Zedler, who are interns with thorizing the establishment of the position telecommuter’ means any individual who my staff on the Energy and Natural of United States Ambassador for ASEAN Af- renders not less than 40 percent of the serv- Resources Committee, also be granted fairs; and ice described in subsection (b)(1) from the in- Whereas United States officials announced dividual’s principal residence. the privilege of the floor for the re- in August of 2006 that an Ambassador for ‘‘(d) WAGES.—For purposes of this section— mainder of the debate on the Energy ASEAN Affairs will be appointed: Now, ‘‘(1) IN GENERAL.—The term ‘wages’ has the bill. therefore, be it meaning given to such term by subsection The PRESIDING OFFICER. Without Resolved, That— (b) of section 3306 (determined without re- objection, it is so ordered. (1) it is the sense of the Senate that— gard to any dollar limitation contained in (A) the United States and the ASEAN f such section). countries should continue implementing the ‘‘(2) ON-THE-JOB TRAINING AND WORK SUP- 30TH ANNIVERSARY OF ASEAN- ASEAN-United States Enhanced Partner- PLEMENTATION PAYMENTS.— UNITED STATES DIALOGUE AND ship, with emphasis on the agreed upon spe- ‘‘(A) EXCLUSION FOR EMPLOYERS RECEIVING RELATIONSHIP cific priority measures for cooperation in ON-THE-JOB TRAINING PAYMENTS.—The term 2007; ‘wages’ shall not include any amounts paid Mr. KENNEDY. I ask unanimous con- (B) the United States should proceed with or incurred by an employer for any period to sent that the Senate proceed to the im- appointing a United States Ambassador for any individual for whom the employer re- mediate consideration of Calendar No. ASEAN Affairs; ceives federally funded payments for on-the- 177, S. Res. 110. (C) the United States should work with the job training of such individual for such pe- The PRESIDING OFFICER. The countries of ASEAN in developing a regional riod. clerk will report the resolution by energy strategy; ‘‘(B) REDUCTION FOR WORK SUPPLEMEN- title. (D) the United States should provide great- er emphasis and support toward encouraging TATION PAYMENTS TO EMPLOYERS.—The The legislative clerk read as follows: amount of wages which would (but for this students from ASEAN countries to study in subparagraph) be qualified wages under this A resolution (S. Res. 110) expressing the the United States, and American students to section for an employer with respect to an sense of the Senate regarding the 30th Anni- study in ASEAN countries; and individual for a taxable year shall be reduced versary of the ASEAN-United States dia- (E) the United States should continue to by an amount equal to the amount of the logue and relationship. support the work of multilateral financial payments made to such employer (however There being no objection, the Senate institutions, including the Asian Develop- utilized by such employer) with respect to proceeded to consider the resolution. ment Bank and the World Bank in ASEAN such individual for such taxable year under a Mr. KENNEDY. I ask unanimous con- countries, and to encourage additional trans- program established under section 482(e) of sent that the resolution be agreed to, parency and anticorruption efforts by those the Social Security Act. institutions, for the benefit of the ASEAN ‘‘(e) SPECIAL RULES.—For purposes of this the preamble be agreed to, the motion countries where they operate; section, rules similar to the rules of section to reconsider be laid upon the table, (2) the Senate welcomes the initiation of a 52 and subsections (f), (g), (i), (j), and (k) of and any statements relating to the res- Fulbright Program for ASEAN scholars; and section 51 shall apply.’’. olution be printed in the RECORD. (3) the Senate welcomes and encourages (b) CREDIT TREATED AS BUSINESS CREDIT.— The PRESIDING OFFICER. Without planning by the countries of ASEAN and the Section 38(b) of the Internal Revenue Code of objection, it is so ordered. United States for an ASEAN-United States 1986 is amended by striking ‘‘plus’’ at the end The resolution (S. Res. 110) was Summit in 2007. of paragraph (30), by striking the period at agreed to. f the end of paragraph (31) and inserting ‘‘, plus’’, and by adding at the end the following The preamble was agreed to. MEMORIALIZING FALLEN new paragraph: The resolution, with its preamble, FIREFIGHTERS reads as follows: ‘‘(32) the telecommuting credit determined Mr. KENNEDY. I ask unanimous con- under section 45O(a).’’. S. RES. 110 sent that the Senate proceed to the im- (c) CLERICAL AMENDMENT.—The table of Whereas the Association of Southeast mediate consideration of Calendar No. sections for subpart D of part IV of sub- Asian Nations (referred to in this resolution chapter A of chapter 1 of the Internal Rev- 193, S. Res. 171. as ‘‘ASEAN’’), was established in 1967, with The PRESIDING OFFICER. The enue Code of 1986 is amended by adding at Indonesia, Malaysia, the Philippines, Singa- the end the following new item: pore, and Thailand as the initial members; clerk will report the resolution by ‘‘Sec. 45O. Telecommuting credit.’’. Whereas the membership of ASEAN has ex- title. (d) EFFECTIVE DATE.—The amendments panded to 10 countries since its establish- The legislative clerk read as follows: made by this section shall apply to taxable ment in 1967, and now includes Brunei, A resolution (S. Res. 171) memorializing years beginning after December 31, 2007. Burma, Cambodia, Indonesia, Laos, Malay- fallen firefighters by lowering the United f sia, the Philippines, Singapore, Thailand, States flag to half-staff on the day of the Na- and Vietnam; tional Fallen Firefighters Memorial Service NOTICE OF HEARING Whereas the United States-ASEAN dia- in Emmitsburg, Maryland. COMMITTEE ON SMALL BUSINESS AND logue and relationship began in 1977; There being no objection, the Senate ENTREPRENEURSHIP Whereas the countries of ASEAN con- proceeded to consider the resolution. Mr. KERRY. I would like to inform stitute the 3rd largest export market for the Mr. KENNEDY. I ask unanimous con- United States, have received approximately sent that the resolution be agreed to, Members that the Committee on Small $90,000,000,000 in direct investment from the Business and Entrepreneurship will United States, and are developing an inte- the preamble be agreed to, the motions hold a hearing entitled ‘‘The Impact of grated free trade area; to reconsider be laid upon the table, Rising Gas Prices on America’s Small Whereas trade between the United States and any statements relating thereto be Businesses,’’ on Thursday, June 14, and the countries of ASEAN totals nearly printed in the RECORD. 2007, at 9:30 a.m. in room 428A of the $170,000,000,000 annually; The PRESIDING OFFICER. Without Russell Senate Office Building. Whereas ASEAN is committed to acceler- objection, it is so ordered. ated economic growth, social progress, cul- f The resolution (S. Res. 171) was tural development, and regional peace and agreed to. PRIVILEGES OF THE FLOOR stability; The preamble was agreed to. Whereas ASEAN is committed to devel- The resolution, with its preamble, Mr. BINGAMAN. Mr. President, I ask oping a regional energy security strategy; unanimous consent that Allyson An- Whereas nearly 40,000 students from reads as follows: derson, a AAAS fellow, and Paul Au- ASEAN countries are studying in the United S. RES. 171 gustine, an EPA detailee, with my staff States; Whereas 1,100,000 men and women comprise on the Energy and Natural Resources Whereas ASEAN countries share common the fire service in the United States; Committee, be granted the privilege of concerns with the United States, including Whereas the fire service is considered one the floor for the remainder of the de- the spread of avian influenza and other dis- of the most dangerous professions in the bate on this Energy bill. eases, and environmental issues, such as the United States; preservation of biodiversity and illegal log- Whereas fire service personnel selflessly The PRESIDING OFFICER. Without ging; respond to over 22,500,000 emergency calls an- objection, it is so ordered. Whereas ASEAN countries continue to nually, without reservation and with an un- Mr. BINGAMAN. Mr. President, I partner with the United States against glob- wavering commitment to the safety of their also ask unanimous consent that Ben- al terrorism; fellow citizens;

VerDate Mar 15 2010 21:51 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JN7.REC S11JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 11, 2007 CONGRESSIONAL RECORD — SENATE S7495 Whereas fire service personnel are the first Tuesday, the Senate stand in recess THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- to respond to an emergency, whether it in- from 12:30 p.m. to 2:15 p.m. in order to CATED UNDER TITLE 10, U.S.C., SECTION 8081: volves a fire, medical emergency, spill of accommodate the respective party con- To be major general hazardous materials, natural disaster, act of ferences; that all time during morning terrorism, or transportation accident; and BRIG. GEN. GARBETH S. GRAHAM, 0000 business and the adjournment or recess Whereas approximately 100 fire service per- IN THE ARMY sonnel die annually in the line of duty: Now, count postcloture; that at 2:15 p.m. Tuesday, the motion to proceed be THE FOLLOWING NAMED OFFICER FOR APPOINTMENT therefore, be it IN THE RESERVE OF THE ARMY TO THE GRADE INDI- Resolved, That this year, the United States agreed to and the motion to reconsider CATED UNDER TITLE 10, U.S.C., SECTION 12203: flags on all Federal facilities should be low- be laid upon the table and the Senate To be brigadier general ered to half-staff on the day of the National then proceed to H.R. 6. Fallen Firefighters Memorial Service in Em- The PRESIDING OFFICER. Without COL. JIMMIE J. WELLS, 0000 mitsburg, Maryland. objection, it is so ordered. IN THE MARINE CORPS f f THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE OF LIEUTENANT GENERAL IN THE ORDERS FOR TUESDAY, JUNE 12, ADJOURNMENT UNTIL 10 A.M. UNITED STATES MARINE CORPS WHILE ASSIGNED TO A 2007 POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TOMORROW TITLE 10, U.S.C., SECTION 601: Mr. KENNEDY. Mr. President, I ask Mr. KENNEDY. Mr. President, if To be lieutenant general unanimous consent that when the Sen- there is no further business to come be- LT. GEN. EMERSON N. GARDNER, JR., 0000 ate completes its business today, it fore the Senate today, I now ask unani- IN THE NAVY stand adjourned until 10 a.m., Tuesday, mous consent that the Senate stand June 12; that on Tuesday, following the THE FOLLOWING NAMED OFFICER FOR APPOINTMENT adjourned under the previous order. IN THE UNITED STATES NAVY TO THE GRADE INDICATED prayer and pledge, the Journal of pro- There being no objection, the Senate, UNDER TITLE 10, U.S.C., SECTION 624: ceedings be approved to date, the at 7:02 p.m., adjourned until Tuesday, To be rear admiral morning hour be deemed expired, the June 12, 2007, at 10 a.m. REAR ADM. (LH) CHRISTINE M. BRUZEK-KOHLER, 0000 time for the two leaders be reserved for f their use later in the day, and there then be a period of morning business NOMINATIONS f for 60 minutes, with Senators per- Executive nominations received by mitted to speak therein for up to 10 the Senate June 11, 2007: WITHDRAWAL minutes each, with the time equally di- DEPARTMENT OF TRANSPORTATION Executive Message transmitted by vided and controlled between the two THOMAS J. BARRETT, OF ALASKA, TO BE DEPUTY SEC- the President to the Senate on June 11, leaders or their designees, with the RETARY OF TRANSPORTATION, VICE MARIA CINO, RE- SIGNED. 2007 withdrawing from further Senate first half under the control of the Re- IN THE AIR FORCE consideration the following nomina- publicans and the second half under the tion: control of the majority; that upon the THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- MICHAEL J. BURNS, OF NEW MEXICO, TO BE ASSISTANT conclusion of morning business, the CATED UNDER TITLE 10, U.S.C., SECTION 624: TO THE SECRETARY OF DEFENSE FOR NUCLEAR AND Senate resume consideration of the To be brigadier general CHEMICAL AND BIOLOGICAL DEFENSE PROGRAMS, VICE DALE KLEIN, RESIGNED, WHICH WAS SENT TO THE SEN- motion to proceed to H.R. 6; that on COL. LYN D. SHERLOCK, 0000 ATE ON JANUARY 9, 2007.

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TRIBUTE TO CRAIG HOSPITAL collaboration and teamwork and for the spirit demonstrated the highest level of dedication to of inquiry among bed-side nurses as to what her community. She has emerged as one of HON. DIANA DeGETTE is best for patient care. Truly we, as residents the Valley’s most trusted names in news and OF COLORADO of the 1st Congressional District, are fortunate her contributions to the Valley’s broadcast in- IN THE HOUSE OF REPRESENTATIVES indeed to have an asset of such magnitude in dustry will never be forgotten. It is my sincere our community. hope that continued health, prosperity, and Thursday, June 7, 2007 Please join me in commending Craig Hos- success be with Nancy through all her future Ms. DEGETTE. Madam Speaker, I would pital for its 100 years of leadership in health endeavors. like to recognize the remarkable history and care and its invaluable service to our commu- f invaluable contributions of an extraordinary nity and our Nation. It is the commitment and hospital in the 1st Congressional District of dedication that Craig Hospital and members of HONORING THE LIFE OF RANDY Colorado. It is fitting that we recognize this its staff exhibit on a daily basis which contin- PRIDEAUX outstanding institution for its leadership in ually enhances our lives and builds a better health care and rehabilitation and for its en- future for all of our people. HON. PAUL RYAN during service to the people of our community f OF WISCONSIN and our Nation. It is to commend this distin- IN THE HOUSE OF REPRESENTATIVES CELEBRATING THE 30TH ANNIVER- guished organization that I rise to honor the SARY OF NANCY OSBORNE’S Thursday, June 7, 2007 Craig Hospital on the occasion of its 100th An- SERVICE TO KFSN–TV ABC 30 Mr. RYAN of Wisconsin. Madam Speaker, I niversary, ‘‘Celebrating a Century of Rebuild- would like to pay tribute to the life of Randy ing Lives.’’ Prideaux, a civic-minded business leader and The growing importance of innovation in HON. JIM COSTA longtime resident of Union Grove, Wisconsin health care to our well being as a society and OF CALIFORNIA whose energetic commitment to his commu- our quality of life is well documented. Craig IN THE HOUSE OF REPRESENTATIVES nity touched countless lives. Randy died unex- Hospital is a powerful community of hope and Thursday, June 7, 2007 pectedly last week, sending waves of shock it provides people with new possibilities. Craig Mr. COSTA. Madam Speaker, I rise today to and sorrow through Southeastern Wisconsin, has set the standard for quality patient out- celebrate and honor the distinguished career where he was well-known through his busi- comes. It is an internationally recognized lead- of Nancy Osborne, on the occasion of her ness and civic leadership. er in health care and has long been recog- 30th anniversary of being part of the KFSN– Randy worked his way up the ladder at nized as a premier national center of excel- TV ABC 30 family in California’s Central Val- Union Grove Lumber over nearly 40 years to lence in the specialties of rehabilitation and re- ley. become CEO of this local lumber and hard- search for patients with spinal cord injuries Nancy grew up on Army bases in the United ware business. He also served as a member and acquired brain injuries. States as well as Japan and Turkey. She of my Small Business Advisory Board, and I From its founding as the ‘‘Tent Colony of graduated from Las Cruces High School in am grateful that he took the time to share his Brotherly Love’’ in 1907 to the world class fa- New Mexico and attended New Mexico State expertise with us. He knew the challenges that cility we know today, Craig Hospital continues University for 3 years. In between a 5-year hi- small business owners face day in and day to be a beacon of hope and remains com- atus from college and motherhood, Nancy re- out, and his insights on issues from health mitted to the well being of its patients. Reha- located to Fresno, CA, in 1973. Upon settling care to tax policies were very helpful. If there bilitation is a process very different from tradi- in Fresno, she returned to college and grad- was one thing you could always count on, it tional medical care. It involves teaching pa- uated from Fresno State University with a was that Randy would tell you what he truly tients and families to care for themselves. It bachelors of arts degree in speech commu- thought, whether he agreed or disagreed with requires setting high expectations and hard nications in 1976. you. His candor and his dedication to doing work by patients to maximize neurological re- A year into graduate school at Fresno State, what is right for Union Grove will be sorely covery, restore functional abilities and make Nancy accepted a reporting job with KFSN–TV missed. the psychological adjustments needed to re- 30, the local ABC affiliate television station in Besides working to strengthen the commu- main as independent and productive as pos- Fresno, California and became one of only a nity as an employer and businessman, Randy sible. handful of women in the local broadcast indus- gave back in many other ways. Altogether, he Since 1956, Craig Hospital has treated more try. Nancy’s success continued as she joined served 20 years on the Village Board. He was than 25,500 patients—more spinal cord injury the anchor team at KFSN–TV in the fall of active in the Union Grove Lions Club and had patients than any other single facility in the 1977 and again in 1980 when she produced served two terms as president. He also served world. Last year, Craig treated patients from and anchored the Valley’s first locally pro- two terms as president of the Chamber of 48 states and for the past 18 years, it has duced news magazine show along with co-an- Commerce. been ranked among the Top Ten Rehabilita- choring the Action News Program. In his personal life, Randy was a devoted tion Hospitals by U.S. News and World Re- Nancy’s promising career with ABC 30 con- family man, who recently became a grand- port. Its spinal cord and traumatic brain injury tinued throughout the years and in 1996 she father. My thoughts and prayers are with his rehabilitation programs are designated by the accepted the challenge of joining the Action wife, children, granddaughter, mother, and U.S. National Institute on Disability Rehabilita- News Management team. While continuing her brother, and the many friends throughout Wis- tion and Research (NIDRR) as Model Systems coverage of the Valley’s political scene and consin who mourn his loss. Centers. Since 2006, Craig is the NIDRR Na- issues involving children and families, she was f tional Database and Statistical Center (HDSC) named Executive Producer—Special Projects, for the Traumatic Brain Injury Model Systems. a position which allowed her to play a key role HONORING JUDITH REED MEHAL Craig Hospital has burnished a reputation of in helping shape Action News around the compassion and legacy of care rivaled by very clock. HON. TOM DAVIS few. Patients have characterized Craig Hos- In January 2004, Nancy returned to report- OF VIRGINIA pital as ‘‘a miracle (that is) here for patient ing full time, bringing her experience and ex- IN THE HOUSE OF REPRESENTATIVES care, not for health care dollars;’’ as ‘‘phe- pertise to the expanding daily Action News nomenal at all they do for patients and fami- coverage. In addition to full-time reporting, Thursday, June 7, 2007 lies.’’ It comes as no surprise that Craig Hos- Nancy also co-anchors Action News Live at Mr. TOM DAVIS of Virginia. Madam Speak- pital has been awarded Magnet Designation— Five with Warren Armstrong. er, I rise today to honor Judith Mehal for over a national honor—by the American Nurses Through the 30 years of service and loyalty 28 years of dedicated service in the public Credentialing Center for its excellence in staff to KFSN–TV ABC 30, Nancy Osborne has education system.

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

VerDate Aug 31 2005 06:13 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~3\2007NE~2\E11JN7.REC E11JN7 mmaher on PROD1PC70 with CONG-REC-ONLINE E1230 CONGRESSIONAL RECORD — Extensions of Remarks June 11, 2007 Since graduating from the California Univer- because being Nick’s guest was to be envel- legislation, H.R. 1187, to expand the bound- sity of Pennsylvania with a degree in edu- oped by his warmth, sincerity and kindness. It aries of the Gulf of the Farallones and Cordell cation, Judith Mehal has continued to make a didn’t matter whether you were a Member of Bank National Marine Sanctuaries to include positive impact on students in Pennsylvania Congress, a U.S. Senator, the Mayor of St. the entire Sonoma and with the support of and Virginia school districts. Ms. Mehal began Paul, a carpenter, a teacher, or a truck driver, Representative MIKE THOMPSON and the teaching in the Penn Hills and South Alle- to Nick you were his guest. Everyone was Mendocino County board of supervisors, the gheny school districts of Pennsylvania, but treated special and with respect, and everyone southern Mendocino coast. she has spent the vast majority of her vener- left his restaurant a little heavier and happier. The current northern boundary of the Gulf of able career in Fairfax County. After a brief Along with remembering Nick, I would like to the Farallones and Cordell Banks National stint at Cardinal Forest Elementary School, acknowledge his family and express my con- Marine Sanctuaries is Bodega Head. Yet re- Ms. Mehal found her niche at Lanier Middle dolences to Nick’s wife, Maryann, his sons search shows that the rich marine geological School where she was able to pursue her pas- Pat, John and Nick, Jr., and his grandchildren. area of the Gulf of the Farallones actually ex- sion for teaching mathematics. During her time The work of Nick Mancini will not disappear tends to Point Arena, about 100 miles north of at Lanier Middle School, she earned a mas- with his passing. Mancini’s Char House will Bodega Head. ters degree from Virginia Tech and became a continue to be a St. Paul landmark and an The Sonoma and southern Mendocino coast teacher of technology education. In her 22 oasis of hospitality. Pat and John Mancini are has two great estuaries, the Russian and years at the school, she has become an inte- carrying on the tradition of hospitality and Gualala Rivers. The Russian River watershed gral part of the Lanier community, and her community leadership that so many of us in is especially burdened by multiple threats presence will be missed by colleagues and St. Paul admire and appreciate. For this last- caused by human development. My bill pro- students alike. ing tradition St. Paul, Minnesota, and our Na- tects these estuaries by banning increased Ms. Mehal’s distinguished career is exem- tion has Nick Mancini to thank. polluting discharges into their waters. And, it plary of the high standard to which public f will ensure that changes in flow or salinity do school teachers hold themselves. Her willing- not harm marine life. ness and ability to teach a variety of dis- WORLD OCEANS DAY Marine sanctuary protection will also ensure ciplines is highly commendable, as is her own that the Bodega Marine Laboratory will be commitment to pursuing higher education HON. LYNN C. WOOLSEY able to continue 50-years of studies in these while continuing to teach in the Fairfax County OF CALIFORNIA pristine waters—research that will help us school system. IN THE HOUSE OF REPRESENTATIVES learn how to live with an ocean that is not so endless that it cannot be despoiled. Madam Speaker, in closing, I would like to Thursday, June 7, 2007 extend my best wishes to Ms. Mehal on her The people of Sonoma and Mendocino love retirement as a technology education teacher Ms. WOOLSEY. Madam Speaker, Friday is their coast, and because we will bring to it from Lanier Middle School. While I know that World Oceans Day—a day we celebrate the permanent protection, ecosystem manage- she will be greatly missed, her retirement is vast waters that cover two-thirds of the sur- ment and the vital research that the marine well deserved. I call upon my colleagues to face of our planet. sanctuary program provides, we will pass it on join me in honoring Judith Reed Mehal and in A small, but biologically important part of the to our children, unspoiled and thriving with life. That’s my commitment as we celebrate wishing her the best of luck in all future en- Blue Planet is offshore of my 6th Congres- World Oceans Day. deavors. sional District, a stretch that encompasses the entire coastline of Marin and Sonoma Coun- f f ties. HONORING MAITHREYI HONORING THE LIFE OF MR. NICK If you’ve driven the Marin-Sonoma coast GOPALAKRISHNAN MANCINI you know how beautiful it is. Most of it is un- developed or sparsely populated. Its sparkling HON. MARK UDALL HON. BETTY McCOLLUM waters, curling waves, pristine beaches, moon rocked cliffs, surging tide pools, and its soar- OF COLORADO OF MINNESOTA IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES ing seabirds and breeching whales inspire and delight. Thanks to nutrient rich upwelling which Thursday, June 7, 2007 Thursday, June 7, 2007 provides a bounty of phytoplankton at the bot- Mr. UDALL of Colorado. Madam Speaker, I Ms. MCCOLLUM of Minnesota. Madam tom of the food chain, our waters support 33 rise today to honor Maithreyi Gopalakrishnan, Speaker, it is with great sadness that thou- species of marine mammals, including blue an eighth grader at Peak to Peak Charter sands of St. Paul friends and neighbors, along and humpbacked whales and elephant seals, School in Superior, Colorado. She recently with me, mourn the passing of Mr. Nick at the top of the food chain. made the semifinals at the National Spelling Mancini. At 80 years of age, Nick died on May That’s not to say that even here there are Bee in Washington, DC. She has been to sev- 29, 2007, and Minnesota lost a very special not problems. Today the commercial fishing eral spelling bees and 2 years ago, finished at person. fleet of Bodega Bay is just a remnant of past an impressive 37th place. At this year’s Na- Nick Mancini, a man of exceptional kind- days. Last year, because of a water allotment tional Spelling Bee, Ms. Gopalakrishnan beat ness, generosity and warmth of spirit, was the that devasted the Klamath River fishery, our out opponents by spelling the word salinelle, a owner of Mancini’s Char House and Lounge, commercial salmon fishing season was mud volcano erupting saline mud—solidifying a St. Paul landmark since the 1960s. For slashed. Meanwhile, native coho and chinook her chance to win the contest. The winner of those who have never visited Nick Mancini’s salmon and steelhead trout are on the endan- the National Spelling Bee receives $35,000, a restaurant, it would be difficult to understand gered species list. $5,000 scholarship, a savings bond of $2,500 the deep sentiment and fondness we in St. These tragic depletions of our fisheries are and a set of reference works. Paul feel for Nick and his family. For those of symptomatic of many things: global over- Two hundred and eighty-six extraordinary us who have frequented Mancini’s, we were fishing; inland habitat destruction; and water students from across the Nation train vigor- always made to feel at home and Nick, his diversions; climate change; pollution, coastal ously in preparation for this annual event held sons and the entire staff made us feel spe- development—all of which were addressed by at the Grand Hyatt Washington hotel. Students cial—like we were part of the family. In a fast reports from the U.S. Commission on Ocean are expected to be able to spell words such food era when the tradition of hospitality is in- Policy and the Pew Oceans Commission, and as prioplasmosis and my personal favorite, creasingly lost in America, St. Paul is blessed all of which need to be seriously dealt with. bewusstseinslage, which means a state of with a special place—Mancini’s Char House— But the ocean is amazingly resilient. Aquatic consciousness—something my critics occa- where every customer is made to feel wel- populations can come back, if we take positive sionally accuse me of losing. come and comfortable, and that is before you actions. The skills and values that Ms. started eating a delicious steak dinner. All of our oceans need enlightened govern- Gopalakrishnan already displays will help her Hospitality and generosity were the hallmark ance and protection, but there are places that with many challenges that she may face in the of Nick Mancini’s career and calling. He was are so rich, so vitally important to sustaining future. Furthermore, her commitment to learn- a restaurateur, a neighborhood anchor, a St. marine life that we need to immediately take ing and competitive drive makes her a strong Paul legend and a very, very caring man who special measures. student who is sure to excel in her academic I will miss and always remember. For me, vis- The northern California coast is one of career. I ask my colleagues to join me in con- iting with Nick was always special. This was those places, and that’s why I have introduced gratulating Maithreyi Gopalakrishnan in all of

VerDate Aug 31 2005 06:13 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~3\2007NE~2\E11JN7.REC E11JN7 mmaher on PROD1PC70 with CONG-REC-ONLINE June 11, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E1231 her accomplishments and wish her success as TRIBUTE TO THE DENVER GAY Mayor’s A ward for Excellence in the Arts for she continues on her quest for knowledge. MEN’S CHORUS 1992. As a choir member at Montview Pres- f HON. DIANA DeGETTE byterian Church, I have an appreciation of OF COLORADO choral music’s power and its capacity to in- CONGRATULATING MR. TOM IN THE HOUSE OF REPRESENTATIVES spire both singers and audiences alike. It has DAVENPORT Thursday, June 7, 2007 been noted that ‘‘singing is the bridge between heaven and earth; between ages and cultures. Ms. DEGETTE. Madam Speaker. I rise to It has the power to move hearts and to touch HON. MICHAEL C. BURGESS commend the exceptional leadership and in- us in ways that truly transcend mundane ex- valuable contributions of the Denver Gay OF TEXAS perience.’’ Today, we celebrate the trans- Men’s Chorus on the occasion of its 25th An- forming power of choral music. We celebrate IN THE HOUSE OF REPRESENTATIVES niversary. It is fitting that we recognize this the invaluable contributions of the Denver Gay chorus for its extraordinary service and its en- Thursday, June 7, 2007 Men’s Chorus as it continues to promote artis- during commitment to creative and perform- tic excellence, pride and community. Choral Mr. BURGESS. Madam Speaker, I rise ance excellence as well as the enrichment of music touches all of us and we are indeed for- today to thank Mr. Tom Davenport of Lake the artistic and cultural experience in the 1st tunate to have a cultural asset of such mag- Dallas, Texas for his 18 years of service as congressional district and throughout Colo- nitude. Please join me in commending the Superintendent of Schools for the Lake Dallas rado. Denver Gay Men’s Chorus, a distinguished Independent School District. Since its inception, the Denver Gay Men’s choral ensemble. It is the leadership and dedi- Chorus has proven to be a powerful force in During his tenure, the school district has cation which members of this chorus exhibit promoting both artistic excellence and civic on a daily basis that continually enhance our more than doubled in size and has been in a values. Founded in 1982, the chorus was the continuous building program since 1995. In his lives and build a better future for all of our first openly gay organization in Denver. The people. 38 years of teaching and school administra- group is a talented choral ensemble dedicated tion, his focus has always been on providing to musical excellence and it has been a bea- top-quality education for his students. con of strength and support for the gay and f In addition to his passion for education, Tom lesbian community. Touching ears and hearts HONORING THE LIFE OF UNITED has deeply impressed me by his forward think- alike, the Denver Gay Men’s Chorus, with its STATES ARMY STAFF SERGEANT ing in other areas. A few years ago, Tom unique ability to convey acceptance and pride, CHRISTOPHER M. MOORE made the decision to install geothermal heat- continue to be in high demand with diverse ing and cooling in Lake Dallas ISD schools. audiences. Truly, the chorus has established He recognized that, despite higher up-front itself as a major cultural presence that has HON. JIM COSTA capital costs, the District would save money served to expand the appreciation of choral over time, as well as help clean the environ- music and its enduring value as a means of OF CALIFORNIA ment by using a renewable source. poignant artistic expression. IN THE HOUSE OF REPRESENTATIVES The Denver Gay Men’s Chorus has openly Tom is very active in various professional declared that it exists to build community Thursday, June 7, 2007 organizations on both the state and national through music. Members have joined together level. He is a member of the National Associa- for the explicit purpose of providing edu- Mr. COSTA. Madam Speaker, I rise today to tion of Federally Impacted Schools, having cational, cultural and social enrichment for honor and pay tribute to the life of SSG Chris- served as President of the Federal Properties themselves and their audiences. It is an orga- topher M. Moore, who lost his life defending Section for two years. On the state level, he nization of gay people and their friends that is our Nation in support of Operation Iraqi Free- has served as treasurer for the Texas Asso- actively engaged in making a positive con- dom. ciation of Federally Impacted Schools since tribution to the entire community. Christopher M. Moore attended Alpaugh 1999. He is also a member of the Texas As- The Denver Gay Men’s Chorus has High School in Alpaugh, CA. He excelled in sociation of School Administrators and has amassed a distinguished record of service to academics and graduated early. After Chris- served as a mentor superintendent for four our State and our Nation. It has participated in topher graduated from high school he joined newly hired superintendents across the state. the Gay and Lesbian Association of Choruses the United States Army. He was so proud to In the past he has served as Commissioner festivals in six cities—Denver, Montreal, New serve in the military; he enlisted for a second of Education Advisory Committee and served York, San Jose, Seattle, and Tampa—rep- term. Christopher Moore was the first Alpaugh as Chair of the Education Service Center, Re- resenting Denver and Colorado as cultural High School graduate to die in combat. gion XI TASA Study Group. He is a Senatorial ambassadors to the world. It has participated While serving with the 1st 5th Cav- District Representative for the Texas Associa- in exchange concerts with gay men’s choruses alry Regiment, 1st Cavalry Division based at tion of Mid-Size Schools. Other professional in Boston, Chicago, Minneapolis, Portland, Fort Hood, Texas, Christopher performed all of organizations to which he belongs include, Phi Philadelphia and Washington, DC. his active duties with great satisfaction. Trag- Delta Kappa, Association of Supervision and In 1990, Rich Geraghty of Denver was ap- ically, on Armed Forces Day, Saturday, May Curriculum Development, Texas Association of pointed administrative director of the Gay and 19, 2007, the vehicle in which Christopher Community Schools, and the Equity Center. Lesbian Association of Choruses Board of Di- traveled was hit by an improvised explosive Locally he is a member of the Lake Cities rectors. Prior to locating in Washington, DC, device. Christopher and five other soldiers Chamber of Commerce and served as vice- the first national offices of the GALA Choruses were killed in the incident. president for six years. He was selected as were in Denver. In 1992, the Denver Gay Men’s Chorus welcomed over 3,500 delegates Christopher is survived by his mother, Mar- the Lake Cities Chamber of Commerce Citizen tha Moore, two sisters, and one brother. Also of the Year in 2005. He is also a member of and hosted 65 choruses at the GALA Cho- ruses Festival IV held at the Denver Center for surviving are his three young daughters and the Lake Cities Lions Club and is an active numerous friends. member of Lake Shore Baptist Church in Lake the Performing Arts. ‘‘Of Rage and Remem- Dallas. brance,’’ by featured composer John It is my belief that Michael’s life symbolizes Corigliano, was performed at the festival’s the ultimate sacrifice one can make for his Tom plans to reside in the Lake Cities area special AIDS Memorial Concert during the country. His valor, strength, courage and de- after retirement with his wife Carolyn. peak of AIDS deaths nationwide. termination to fight for our Nation will forever It is with great honor that I recognize Mr. Over the past 25 years, the Denver Gay live in the minds and hearts of his family and Tom Davenport for years of hard work and Men’s Chorus has performed over 130 dif- Americans across the country. SSG Chris- dedication. I am pleased to join his friends, ferent concert programs featuring over 1,300 topher M. Moore’s dedication to the principles family, and colleagues in congratulating him compositions, arrangements, commissioned of freedom and democracy will serve as an on his retirement after years of devoted serv- works, and medleys. It comes as no surprise example to all of us and for generations to ice. that the chorus was honored with the Denver come.

VerDate Aug 31 2005 06:13 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~3\2007NE~2\E11JN7.REC E11JN7 mmaher on PROD1PC70 with CONG-REC-ONLINE E1232 CONGRESSIONAL RECORD — Extensions of Remarks June 11, 2007 HONORING THE LIFE OF TOM joined Fairfax County Public Schools in 1989, the legislative process. H.R. 2316 shines a KOSSORIS piloting the Technology Tools class for Lanier bright light on lobbyists’ activities in order to Middle School in Fairfax, Virginia. Mrs. Siegel end the illegal practices that waste taxpayer HON. PAUL RYAN has been a dedicated educator at Lanier for dollars and bring disgrace to this institution. OF WISCONSIN the past 21 years. Under Democratic leadership, this Congress IN THE HOUSE OF REPRESENTATIVES Teaching students for over three decades is moving America in a New Direction. Our pri- and on two continents, she has demonstrated orities put the interests of American families Thursday, June 7, 2007 her unequivocal passion for education. Over ahead of special interests. I am proud to sup- Mr. RYAN of Wisconsin. Madam Speaker, her career, Mrs. Siegel found opportunities to port this legislation today and urge my col- Southeastern Wisconsin lost a truly dedicated actively serve in different educational systems leagues to do the same. teacher last week—Tom Kossoris, who taught in Virginia, New York and Europe. A proud f at Mukwonago High School over the past mother and grandmother, Mrs. Siegel will con- three decades. He passed away after a tinue her service to young people during her PERSONAL EXPLANATION lengthy battle with illness brought on by a retirement. She has fondly exclaimed, ‘‘my brain tumor. I would like to take a moment to role as an educator will remain, only my title HON. LYNN C. WOOLSEY honor his memory and reflect on the lessons will officially shift from Mrs. Siegel to grand- OF CALIFORNIA he passed along to his students and others ma.’’ IN THE HOUSE OF REPRESENTATIVES who knew him. Madam Speaker, in closing, I would like to Thursday, June 7, 2007 Tom taught history, political science and ec- take the opportunity to recognize Mrs. Cynthia onomics. He demanded a lot from his stu- Siegel for her enduring service as a teacher in Ms. WOOLSEY. Madam Speaker, on June dents—setting high standards that challenged Fairfax County and abroad. I call upon my col- 5th, I was unavoidably detained and was un- them to excel. In an account that appeared in leagues to join me in applauding Cynthia able to vote on rollcalls Nos. 426–430. the Milwaukee Journal Sentinel, his fellow Siegel for her efforts and wishing her many Had I been present, I would have voted in teacher, Bruce Lammers put it well, saying: happy years in retirement. the following: ‘‘Tom taught me to have students meet your f Rollcall No. 426, H. Res. 327—‘‘aye.’’ expectations. Challenge the kids academically, Rollcall No. 427, H. Res. 422—‘‘aye.’’ and the kids rise to your standards.’’ Tom PROVIDING FOR CONSIDERATION Rollcall No. 428, H. Res. 430—‘‘aye.’’ combined this toughness with a dry sense of OF H.R. 2317, LOBBYING TRANS- Rollcall No. 429, H. Res. 451—‘‘aye.’’ humor and an unfailing commitment to his stu- PARENCY ACT OF 2007 AND PRO- Rollcall No. 430, H. Res. 452—‘‘aye.’’ dents’ education. VIDING FOR CONSIDERATION OF f Every year, Tom brought students to Wash- H.R. 2316, HONEST LEADERSHIP TRIBUTE TO MAJOR GENERAL ington to enhance and expand on what they AND OPEN GOVERNMENT ACT OF PATRICK HENRY BRADY had learned—showing them their government 2007 in action, as well as the site of so many water- SPEECH OF sheds and debates over the course of our na- HON. JOHN P. MURTHA tion’s history. I could count on hearing from HON. BETTY McCOLLUM OF PENNSYLVANIA Tom, who would ask for assistance with get- OF MINNESOTA IN THE HOUSE OF REPRESENTATIVES ting tours of the Capitol or other opportunities IN THE HOUSE OF REPRESENTATIVES Thursday, June 7, 2007 to make his students’ trip memorable. He held Thursday, May 24, 2007 himself to the same high standards he ex- Mr. MURTHA. Madam Speaker, I would like pected of others—working tirelessly to make Ms. MCCOLLUM of Minnesota. Madam to take this opportunity to congratulate Major sure students got the most out of their experi- Chairman, I rise in support of the Honest General Patrick H. Brady for his relentless and ence in Washington. Leadership Open Government Act and con- selfless service to this country. Major General Over the years he retained a love of teach- gratulate Speaker PELOSI for taking this impor- Brady should be remembered for his heroic ing, as well as an intellectual energy and en- tant step in changing the way business is display while serving in the Republic of Viet- thusiasm that he passed on to others. On top done in Washington. nam, where he went above and beyond his of his other teaching duties, Tom became a H.R. 2316 will bring real transparency to call of duty flying multiple missions into hostile driver’s education instructor, giving lessons lobbyists’ activities in order to break the cor- territory to evacuate severely wounded sol- before school on weekdays and on Saturdays. rupting influence that has been present over diers as an air ambulance pilot. It is estimated His sharp mind, his wit, and his determination the last decade in Congress. This bill requires that Major General Brady may have evacuated to bring out the best in students will be greatly disclosure of lobbyists’ contributions to mem- more wounded from the battlefield than any- missed by the whole community. bers, doubles the frequency of lobbyists’ re- one in American history, over 5,000. Major General Brady’s gallantry and her- f porting, and establishes a searchable public database of this disclosure information. It also oism has been well documented and he is the HONORING CYNTHIA SIEGEL increases criminal and civil penalties for those recipient of the Distinguished Service Cross, who violate the Lobby Disclosure Act and our Nations second highest award; two Distin- HON. TOM DAVIS bans the K street project. guished Service Medals; the Defense Superior OF VIRGINIA The Honest Leadership Open Government Service Medal; the Legion of Merit; six Distin- IN THE HOUSE OF REPRESENTATIVES Act includes new requirements for Members of guished Flying Crosses; two Bronze Stars, Congress, including required disclosure of job one for valor; the Purple Heart; 53 Air Medals, Thursday, June 7, 2007 negotiations for post-Congressional employ- one for valor; and the Medal of Honor, the Mr. TOM DAVIS of Virginia. Madam Speak- ment, and establishes a public database for military’s highest decoration. While Major Gen- er, I rise today to honor Mrs. Cynthia Siegel Members’ travel and financial disclosure infor- eral Patrick Brady had a distinguished and for over 30 years of educational service to stu- mation. honorable military career, I speak today not dents in Virginia, New York, and Germany. This legislation is the second step in fulfilling only to honor those achievements and his 34- Originally from Long Island, Mrs. Siegel the Democrats’ promise to clean up Wash- year military career, but to recognize his serv- began her career in education in New York, ington. In the first 100 hours of the 110th Con- ice to our country while not wearing the uni- teaching for six years on the high school level gress we passed new House Rules imposing form. and two years for an education program at the toughest ethics standards ever. These Soon Major General Brady will step down CitiBank. Mrs. Siegel’s calling as a teacher rules banned gifts, meals and trips paid for by as the Chairman of the Board of Directors of didn’t leave her because of a geographic loca- lobbyists. The House has also voted to deny the Citizens Flag Alliance, after more than a tion. As the spouse of an Army officer, she pension benefits to Members of Congress decade of phenomenal service. Major General found herself in Germany and confronted with convicted of corruption. Brady’s outstanding ability enabled him to or- a base that lacked a teacher for the military The House of Representatives is the Peo- ganize and motivate nearly 150 organizations school there. She gladly stepped up and filled ple’s House. In order to ensure that we are whose sole focus is on passing a Constitu- that need. Upon her return to the U.S., Mrs. truly responsive to and representative of the tional amendment that would return to the Siegel worked for six years at the Washington people, it is critical that lobbyists’ do not have American people the right to protect their flag. Business School of Northern Virginia. She undue access to Members or influence over He has testified before Congress and worked

VerDate Aug 31 2005 06:13 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~3\2007NE~2\E11JN7.REC E11JN7 mmaher on PROD1PC70 with CONG-REC-ONLINE June 11, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E1233 closely with many Members of Congress to IN MEMORY OF WAYNE STEVENS the test after the San Simeon earthquake in gain support for an amendment that would December 2003. This earthquake caused ban the desecration of the American flag. I HON. DUNCAN HUNTER massive damage to Paso Robles and took the commend the Major General for his work and OF CALIFORNIA lives of two Paso Robles residents. The center am confident he departs knowing the mission IN THE HOUSE OF REPRESENTATIVES immediately served as a staging area as of the Alliance will continue due in no small Cassidy and other members of the Paso part to his involvement and diligence. Thursday, June 7, 2007 Robles Emergency Services coordinated initial I extend my best wishes to Major General Mr. HUNTER. Madam Speaker, I rise today rescue and recovery efforts. Later, the building Brady as he turns his attention toward his in honor and memory of Mr. Wayne Stevens, was used by many different agencies brought family. America will be forever indebted to him a proud member of the San Diego community in to assist with recovery. for his altruistic service to this great Nation. and a fellow paratrooper who recently passed Chief Cassidy has been in the forefront of f away at the age 64 from the effects of cancer. exploring new technologies, which has re- Wayne’s distinguished record of military sulted in the Paso Robles Police Department TRIBUTE TO MOHAMMED H. service to this Nation is one of the finest ex- being equipped with innovative technology to QAYOUMI, PH.D., FOURTH PRESI- amples of selflessness and courage. He help combat crime and ensure the safety of DENT OF CALIFORNIA STATE served in Vietnam with Charlie Company, 2nd the community and residents. Specifically, UNIVERSITY, EAST BAY Battalion of the 503rd Infantry, 173rd Airborne Chief Cassidy was responsible for the Depart- Brigade, and was among the first soldiers to ment obtaining its Computer Aided Dis- HON. FORTNEY PETE STARK arrive in country from Okinawa in 1964. For patching and Records Management Systems, OF CALIFORNIA his heroism in Vietnam, Wayne was awarded as well as Livescan fingerprinting and digital IN THE HOUSE OF REPRESENTATIVES two Bronze Stars, a Purple Heart and the Re- in-car video with wireless station-server download capability. Thursday, June 7, 2007 public of Vietnam Cross of Gallantry. Madam Speaker, once said, Serving his community is not something Mr. STARK. Madam Speaker, I rise to pay ‘‘the willingness of our citizens to give freely Chief Cassidy only does on-duty; he is very in- tribute to Mohammed H. Qayoumi, Ph.D., who and unselfishly of themselves, even their lives, volved while he is off-duty. Chief Cassidy is a assumed the presidency of Cal State Univer- in defense of our democratic principles, gives past commissioner of the Children and Fami- sity, East Bay on July 1, 2006. Dr. Qayoumi this great nation continued strength and vital- lies Commission of San Luis Obispo County, is the fourth president of the university and his ity. From Valley Forge to Vietnam, through the local agency administering State tax rev- formal investiture will take place at the Hay- war and peace, valiant Americans have an- enue to fund education, childcare, health and ward, CA, campus of Cal State University, swered the call to duty with honor and dig- other programs for expectant parents and tod- East Bay on June 1, 2007. nity.’’ In making these remarks, President dlers. He also served as president of the Prior to his employment at Cal State Univer- Reagan was speaking directly to Americans North County Women’s Resource Center, sity, East Bay, President Qayoumi served as like Wayne, who have so bravely and self- which assists women and families against do- vice president for administration and finance lessly put their country before themselves and mestic violence and abuse. Finally, he is ac- and chief financial officer at California State were always willing to make the ultimate sac- tive as a Paul Harris Fellow in the local Ro- University, Northridge. He was also a tenured rifice when they were needed most. tary, and a member of the San Luis Obispo professor of engineering management at the My prayers are with Wayne’s devoted wife Cattlemen’s Association. university. of 42 years, Donna, his daughter Jessica and Chief Cassidy exemplifies how one can an- President Qayoumi has also served as vice two grandchildren, Sophia and Adolph, and I swer the call of duty to protect and serve his chancellor for administrative services and as ask that my colleagues join me today in pay- fellow neighbors, and do it with great passion, adjunct professor at the - ing tribute to the life and memory of this true strength, and devotion to his community. His Rolla and was associate vice president for ad- American hero. shoes will be tough to fill as he raised the po- lice department’s level of excellence and out- ministration and an adjunct professor at Sari f Jose State University. He has more than 27 standing conduct, and has forged a relation- years of experience in the service of higher TRIBUTE TO DENNIS CASSIDY ship of trust with the community his officers education and industry. serve and protect. I know Chief Cassidy looks He has a B.S. degree in electrical engineer- HON. KEVIN McCARTHY forward to his retirement and spending time with friends and family. I commend his service ing from American University of Beirut, and OF CALIFORNIA to the city of Paso Robles and wish him the MS. degrees in nuclear engineering, electrical IN THE HOUSE OF REPRESENTATIVES and computer engineering, a well as an best as he enters into the next stage of his M.B.A. in finance and a Ph.D. in electrical en- Thursday, June 7, 2007 life. gineering from the University of Cincinnati. Mr. MCCARTHY of California. Madam f When President Qayoumi came to the Speaker, I rise today to honor a community HONORING THE LIFE OF UNITED United States in 1978, he was first employed leader, my friend, Dennis Cassidy, on his re- STATES ARMY CORPORAL VIC- as staff engineer at the University of Cin- tirement after over 30 years of serving the TOR TOLEDO PULIDO cinnati, where he also held positions as direc- people of Paso Robles, CA, most currently as tor of technical services, director of utilities chief of police. and engineering services and adjunct pro- Chief Cassidy began his law enforcement HON. JIM COSTA fessor. Prior to 1978, President Qayoumi was career with the Paso Robles Police Depart- OF CALIFORNIA employed as a communications engineer in ment in 1974. In 1985, Cassidy was promoted IN THE HOUSE OF REPRESENTATIVES Riyadh, and as a project elec- to patrol sergeant and in 1988, he became Thursday, June 7, 2007 trical engineer in Abu Dhabi, United Arab Detective Bureau commander. In 1990, he Mr. COSTA. Madam Speaker, I rise today to Emirates. was promoted to Lieutenant, and was respon- honor and pay tribute to the life of CPL Victor President Qayoumi has published eight sible for seeking grants to further the depart- H. Toledo Pulido, who lost his life defending books, more than 85 articles and several ment’s Community Outreach Program through our Nation in support of Operation Iraqi Free- chapters in various books. He has made pres- the early 1990s. His success led to the estab- dom. entations at numerous conferences across the lishment of a satellite police office, in coopera- After attending high school in California’s United States and in 10 other countries on tion with the Housing Authority, where two offi- Central Valley, Victor joined the Army Re- various topics in his areas of academic exper- cers were assigned to work full-time. The re- serves in 2005. A year later, he signed up for tise. sults were remarkable. Criminal activity active duty and was stationed at Fort Benning, He has served his native country of Afghani- dropped, community and police relationships GA. Victor was proud to serve in the military. stan in various financial capacities, including strengthened, and a safer Paso Robles gave While serving with the 1st Calvary Regiment minister of finance, and remains on several families increased peace of mind. In 1997, based out of Fort Benning, Victor wore his boards of directors, including the Central Bank Cassidy was named chief of police, a position green camouflage uniform with pride. Unfortu- of Afghanistan. he has held since, until his retirement. nately, on Wednesday, May 23, 2007, the ve- I am confident President Qayoumi will pro- During his tenure as chief, Cassidy was in- hicle in which Victor traveled was hit with an vide exemplary leadership to Cal State Univer- strumental in planning the new Public Safety improvised explosive device. Victor and an- sity and I join in wishing him every success. Center in Paso Robles. This center was put to other solider were killed in the incident.

VerDate Aug 31 2005 06:13 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~3\2007NE~2\E11JN7.REC E11JN7 mmaher on PROD1PC70 with CONG-REC-ONLINE E1234 CONGRESSIONAL RECORD — Extensions of Remarks June 11, 2007 CPL Victor Toledo Pulido is survived by his honor our colleague, Hal Brown, on his 25 tish Highlander Battalion of ROTC, and was mother, Maria Gaspar of Kettleman City, his years of service to Marin County. Since 1983 enjoyed by his classmates for his sense of wife, Cristi Toledo, and brothers, Yosio and when he was first appointed to the Board of humor, love of life, and humble faith. After graduating from Columbia Theo- Gaston Toledo Pulido. Also surviving is his Supervisors to represent the Second District, logical Seminary and a short stint at the son, Isak and numerous friends. Hal has demonstrated a caring, thoughtful, First Presbyterian Church of Rome, Georgia, It is my belief that Victor’s life symbolizes and committed approach to addressing the Dr. Marshall Brown asked Tom to come to the ultimate sacrifice one can make for his issues facing the residents of Marin. the College to teach for two years. Pete Hay country. His valor, strength, courage and pride Hal’s priorities have been clear from the was on leave. Tom retired 36 years later, al- in our Nation will forever live in the thoughts start. He focuses on families, education, envi- though the way I look at it, Tom worked at and hearts of his family and Americans across ronment, responsible government and eco- or for PC for a total of 56 years. He has been PC’s man for all seasons. the Nation. CPL Victor H. Toledo Pulido’s nomic vitality. His own vitality and dedication In the 1973 yearbook, one of three dedi- dedication to the principles of freedom and de- have led him to serve on more than 25 boards cated to Tom, he wrote prophetic words, mocracy will serve as an example to all of us and organizations, from the Marin Conserva- which I have come to see as autobiographical and for generations to come. tion League to the Rape Crisis Center, from ... ‘‘There is an ingredient in and of this f the county Flood Control and Water District to community which few miss. It’s not obvious. the Disabled Students Advisory Board. Many take some time to see it. You may not HONORING EDWARD A. NIZIOLEK This work has resulted in a long list of nota- even want to look for awhile. They do not ble accomplishments—for example, preserving leave the way they came. Look them up more than 1,500 acres of open space, pro- three, five, ten years from now. Won’t we all HON. TOM DAVIS be surprised? They will have a plus; it will OF VIRGINIA moting free bus rides for students, and author- show!’’ IN THE HOUSE OF REPRESENTATIVES ing Marin’s Family Medical Leave law. Tom’s plus showed. In him we saw much of After the New Year’s Eve flood of 2005, Hal Thursday, June 7, 2007 what the College seeks to nurture in the moved to make his district safer by estab- hearts and minds of those who pass our way: Mr. TOM DAVIS of Virginia. Madam Speak- lishing the first regional flood warning system a man for God, a man for God’s people, and er, I rise today to honor Mr. Edward Niziolek in the Ross Valley. For long-range safety, he a man for PC. Jack Edmunds, his senior year roommate for a remarkable 41 years of faithful service to has spearheaded efforts for towns and organi- the students of Fairfax, VA. remarked on Tom’s call to ministry: ‘‘It was zations to work with the county, State and evident during his college days that Tom Mr. Niziolek began his career as an educa- Federal governments to implement a com- would go into ministry, but he was never one tor in 1964 after graduating from the California prehensive flood control plan. to wear his religion on his sleeve. He was not State Teachers College with a major in mathe- ‘‘It doesn’t make sense to look at just flood a pious type and that impressed people. He matics. Mr. Niziolek joined Fairfax County control or environmental restoration or water personified what a good minister should be.’’ Public Schools as a mathematics teacher at quality issues in isolation,’’ Hal has said. ‘‘We Tom served God and served PC by serving Glasgow Middle School in Alexandria, VA. need to address the problem with an approach God’s people in everyday ways . . . everyday: through athletics, through music, through After serving for five years at Glasgow, Mr. that makes common, ecological and economic Niziolek joined the faculty at Lanier Middle just doing his job . . . all of his jobs . . . sense. A watershed-wide approach could whatever hat he was called to wear he served School where he quickly made his mark on meet the test of all three.’’ with all his heart and mind. Hello brother both the character and academic development A San Anselmo resident for 35 years, Hal . . . T.A. Stallworth . . . hearty, honest, of its students. He sponsored the Lanier Math coached various youth sports while raising his positive . . . direct! T.A. Stallworth . . . Team, which frequently finished as one of the two sons, Mike and Chris. pleased to meet you. There wasn’t a preten- top performing teams in the area, including a Madam Speaker, I have appreciated work- tious bone in his body. What you saw, what 2nd Place finish in Mr. Niziolek’s final school ing with Supervisor Brown on the many issues you heard, what you learned over time all lined up. T.A. Stallworth. Clear in what he year. Mr. Niziolek has demonstrated his dedi- faced by the Marin community, and I look for- cation to education year round, teaching an believed . . . courageous in taking a stance ward to continuing our partnership. on principle . . . available to serve. Thomas astonishing 36 summer school sessions. Congratulations, Hal, on your 25 years of Aurelius Stallworth. I believe he liked Mr. Niziolek dutifully served for over four dedicated service. Aurelius . . . in fact it is the only time I saw decades and demonstrated a passion for serv- f a twinge of hubris in the eyes of this saint. ice in a school system with students from a Thomas Aurelius Stallworth, God’s humble wide array of backgrounds. Throughout his ca- DEATH OF THOMAS A. and persistent servant. PC’s man for all sea- reer, he has demonstrated an interest in his STALLWORTH sons. students, a desire to help them succeed, and There are so many wonderful stories about this man and his ministry. They have come the ability to achieve outstanding results. All HON. JOHN M. SPRATT, JR. flooding in from folks near and far, always students, faculty and parents who have been OF SOUTH CAROLINA laced with humor. in one of his classrooms have expressed an IN THE HOUSE OF REPRESENTATIVES Athletics! Tom loved sports and found in appreciation for his dedicated service to our them a way to connect with God’s people. Nation’s youth. Thursday, June 7, 2007 He was on the way to lunch on campus and Madam Speaker, in closing, I would like to Mr. SPRATT. Madam Speaker, for years, Cally Gault was on the way back. Cally take the opportunity to recognize Mr. Edward Thomas A. Stallworth was a pillar of Pres- leaned out of his car window and asked, ‘‘How would you like to be our soccer Niziolek for his tireless service and contribu- byterian College in Clinton, SC, serving as coach?’’ Tom said ‘‘I believe they have 11 tions as a mathematics teacher for Fairfax chaplain, professor of religion, soccer coach, men on a team, depending on how you count County Public Schools. His legacy of success dean of students, dean of alumni affairs, and the goalie.’’ Cally said, ‘‘You’re our man!!’’ is found in each student who has traveled into after retirement, as interim director of church He was always an athlete . . . in college his classrooms, taken his tests, and who have relations. He died suddenly on May 14, 2007. and as an adult. The last real team he played moved on to become productive members of I offer for the record the following tribute from on was the faculty Intramural volleyball the community. I call upon my colleagues to John V. Griffith, president of Presbyterian Col- team named the ‘‘Good Old Boys.’’ They lege: were very serious about their volleyball and join me in applauding Edward A. Niziolek for Tom is remembered by teammates Ramsey, his service and wishing him the best in a well TOM STALLWORTH: OUR MAN FOR ALL Stidham, Weaver, Womble, Gaines, deserved retirement. SEASONS Rischbieter, Hill, Burnside and others as a f God’s saints come in interesting sizes and great ‘‘set man’’ on the court and in life. shapes. They are agents of God’s grace in the When asked his most interesting experience TRIBUTE TO HAL BROWN most unexpected of ways. So it is with Tom he said ‘‘playing on a championship Stallworth. volleyball team with an average age of 43 HON. LYNN C. WOOLSEY In the fall of 1951, Tom Stallworth was a that continually beats teams with an aver- freshman at PC from the south side of At- age age of 19 is interesting enough!’’ OF CALIFORNIA lanta. As an undergraduate he joined and Music! Music is another way Tom praised IN THE HOUSE OF REPRESENTATIVES loved the PC choir under the direction of God and celebrated life. The PC Choir served Thursday, June 7, 2007 Eduard Patte, was involved in student gov- as his primary social group as an under- ernment, led the Student Christian Associa- graduate. He became a star of stage in 1981 Ms. WOOLSEY. Madam Speaker, it is with tion, enjoyed athletics, belonged to Pi Kappa when Dr. Charles Gaines and Dr. Dale Raines great pleasure that I join you here today to Alpha fraternity, was the leader of The Scot- recruited him to play the part of Bellamy in

VerDate Aug 31 2005 06:13 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\E11JN7.REC E11JN7 mmaher on PROD1PC70 with CONG-REC-ONLINE June 11, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E1235 the Fantasticks. He and Randy Randall have sprinkle his ashes along the walk he took Clearly we cannot continue down this path. sung ‘‘Never say No’’ for many audiences every evening of his college career from the We must shift the focus of our nation’s health since then. It occurred to me that ‘‘Never old library, now the administration building, care system to prevention and wellness pro- Say No’’ became the mantra of Tom’s life. diagonally across the West Plaza to Smythe Never say no to what God calls you to do. To where he lived. grams. In so doing, we can reduce health care my knowledge, he never said no to PC. And so it shall be . . . Mary, Anne, Andy, costs, improve health, improve quality of life, Tom and Chuck Gaines lead the singing at Becky Mary Frances, Cooper, Max and Katie and boost productivity. Unfortunately, a very men’s prayer breakfast belting out the old Brice . . . that Thomas Aurelius Stallworth small percentage of health care spending is favorites in a manner that upstages Gilbert leaves a part of himself with all those he devoted to health promotion. The national in- and Sullivan. touched. vestment in prevention is currently estimated Tom sang in an infamous singing group Man of God’s people, Man for God’s people, to be less than 5 percent of annual health called ‘‘The Faculty Four and the Big One’’ Man for PC. T.A. Stallworth: PC’s Man for care costs. Our nation needs a new approach with George Ramsey, Ron Burnside, Ted All Seasons. Thank God for the life and Hunter, and Ken Orr (the big one). One of works of this saint, who walked, played, to healthcare—-one that puts prevention front their most forgettable songs was Grandma laughed, sang, preached, and stood next to us and center. got Run over by a Reindeer, with Dean each day. Amen! That is why I rise today to introduce the Thompson playing the banjo. One person said f Healthier Lifestyles and Prevention America that the group was really good . . . and no Act, also known as the HeLP America Act. one has ever said otherwise . . HONORING SPEAKER NANCY This important bill, which is companion legisla- Just doing his Job! It is here at PC as a PELOSI ON SERVING 20 YEARS IN tion to a bill recently introduced by Senator minister of Word and Sacrament that Tom THE HOUSE served God’s people most fully. The entire HARKIN, is designed to reduce health care PC network was his congregation. costs and improve health outcomes by reori- Tom and Major General Jimmy Allen HON. STENY H. HOYER enting our nation’s health care system towards started the ROTC Alumni Association. But OF MARYLAND prevention, wellness, and self care. Tom always liked to remind Jimmy that IN THE HOUSE OF REPRESENTATIVES The HeLP America Act is a comprehensive even though Jimmy was a two star general, Tom was his Battalion Commander at PC. Thursday, June 7, 2007 approach to prevention and health promotion. It provides tools and incentives for schools to And together they set out to save ROTC Mr. HOYER. Madam Speaker, on June 9, when it was in danger of being closed by the improve their nutrition programs. It provides 1987, NANCY PELOSI was sworn in to rep- Army. tax incentives for employers to implement Anyone who ever traveled with Tom knows resent the people of California’s 8th District. wellness programs. It provides grants for com- that he did not like to travel on the Inter- This week we recognize and commend her for munities to implement activities to prevent and states or any four lane highway. He knew the 20 years of distinguished service in the House reduce the incidence of obesity, and chronic back roads and always took them even if it of Representatives, where she has served diseases associated with this condition. It es- took longer . . . although he always thought both her constituents and this Nation proudly. his way was quicker. One morning he inter- tablishes a federal taskforce on childhood obe- During her 20 years in the House, NANCY sity to provide a coordinated leadership in vened in my travel up Interstate 26 from Ed- has been a true leader on important issues, isto. Due to a traffic jam, I had to take the Federal effort to prevent and reduce childhood Dixiana exit and enjoy the scenery along including promoting human rights, protecting obesity. route 176. It was shorter! the environment, and expanding health care. She has remained focused on the needs of These are just a few of the many provisions ‘‘The two years I spent as Dean of Students included in the HeLP America Act, all aimed were the ten longest years of my life,’’ Tom her district, including preserving the Presidio told me once. ‘‘I didn’t get closer to stu- of San Francisco as the Nation’s largest urban squarely at attacking the problem of sky- dents; I got closer to meetings and paper- national park, fighting for increased funding for rocketing health care costs associated with the work. I had to go back into the classroom to HIV/AIDS research, and improving the lives of increasing rates of obesity, diabetes, and get back with the students.’’ other chronic illnesses. ‘‘I never considered myself an ivory tower children. In the 110th Congress, NANCY has ushered With a greater focus on prevention, we will scholar,’’ he reflected on his 31 years as a be able to greatly reduce the number of indi- professor. ‘‘My method was to mix it up with in a new era as the first woman Speaker of students. I could give them their money’s the House, setting an agenda that promotes viduals who suffer from all types of ailments. worth in the classroom, but I think my main the priorities of the American people and ad- It will improve health outcomes, improve peo- ability was communicating the information dresses the key challenges present in today’s ple’s lives, and help cut down on our explod- to them in a manner that sunk in, and I en- world. Her drive and determination make her ing healthcare expenditures. joyed the give-and-take inside the classroom a strong leader and legislator, and she has Madam Speaker, as is noted in the findings as well as out.’’ of this bill, per capita health spending in the Tom has conducted the marriage cere- worked tirelessly to represent her constituents monies of more PC people than anyone in the and to move our Nation in a new, positive di- United States is 56 percent greater than the history of the College. He knew more PC peo- rection. median for countries in the Organization for ple and their relatives than anyone I know NANCY has been a devoted public servant, Economic Cooperation and Development. This . . . in every city and every little town both in California and in the House. She is a is unacceptable. We need to get more bang across the South. devoted wife, mother, and grandmother. It is for our healthcare buck and we need to look And through all of this, Mary was his part- an honor to serve with her in the House, and no further than focusing on prevention. As the ner. ‘‘One of my most memorable times at I am proud to call her my friend. saying goes, an ounce of prevention is worth PC,’’ wrote a 1990s graduate, ‘‘was the Easter weekend I spent writing a term paper at f a pound of cure. I urge my colleagues to join me in seeking their kitchen table. That was one of the best INTRODUCTION OF THE HeLP weekends of my life because of the comfort I a new and more effective approach to curing felt from Mary and Tom. AMERICA ACT our nation’s ills by cosponsoring the HeLP Act. Every Homecoming cars are parked outside their house . . . people stopping by to visit HON. TOM UDALL f and reconnect. ‘‘I think the PC Spirit is an OF NEW MEXICO infection I have,’’ said Tom, ‘‘whether it is PERSONAL EXPLANATION contagious or not I don’t know. I’m 150 per- IN THE HOUSE OF REPRESENTATIVES cent for PC and have tried to answer the call Thursday, June 7, 2007 of whatever the College has wanted me to HON. CHRISTOPHER S. MURPHY do.’’ Mr. UDALL of New Mexico. Madam Speak- The Class of 1963 dedicated their yearbook er, adaptable lifestyle factors such as smok- OF CONNECTICUT to Tom. Bob Piephoff, the editor, summed up ing, sedentary lifestyle, poor nutrition, IN THE HOUSE OF REPRESENTATIVES the class’s feelings about this good man: ‘‘We unmanaged stress, and obesity account for Thursday, June 7, 2007 come to Presbyterian College and we leave approximately half of premature deaths in the . . . We leave taking a part of Tommy United States. Spending on chronic diseases Mr. MURPHY of Connecticut. Madam Stallworth with us.’’ Anne told me this morning that Tom took related to lifestyle and other preventable dis- Speaker, on May 24, 2007, I inadvertently Andy and her aside several years ago to talk eases accounts for an estimated 75 percent of missed the vote on passage of H.R. 2317, the about this day and his wishes. Tom will be total healthcare spending and it is estimated Lobbying Transparency Act, rollcall vote 420. cremated and has asked on some weekday that by 2014 our country’s total health care ex- It was my strong intention to vote ‘‘Aye’’ on evening at 10:00 p.m. that they, his children, penditures will be $3.6 trillion. passage.

VerDate Aug 31 2005 06:13 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~3\2007NE~2\E11JN7.REC E11JN7 mmaher on PROD1PC70 with CONG-REC-ONLINE E1236 CONGRESSIONAL RECORD — Extensions of Remarks June 11, 2007 A TRIBUTE TO THE REVEREND ican Jewish Committee and the Archdiocese engineering, computing and information EDMUND M. O’BRIEN of Los Angeles. sciences, and color science. And, under his A dynamic and active temple, Temple Beth stewardship, six bachelor’s degree programs HON. JOE COURTNEY David encourages congregant participation have been added to the university’s offerings, OF CONNECTICUT and offers a wide variety of programs from including programs in information technology, software engineering, chemistry and polymer IN THE HOUSE OF REPRESENTATIVES interfaith programs and social action projects to religious and Hebrew schools. Dem- chemistry, biochemistry, advertising and public Thursday, June 7, 2007 onstrating a commitment to all members of the relations, and new media publishing. These Mr. COURTNEY. Madam Speaker, I rise community, Temple Beth David offers not only new programs represent the university’s un- today to recognize the Reverend Edmund M. youth scholarships but also an array of adult derstanding of the needs of the community O’Brien, a resident of Connecticut’s Second education programs for those who seek a outside of it, and help distinguish the City of Congressional District, who is celebrating his greater understanding of Judaism. Rochester as a center for innovation and en- 50th year as an ordained priest. Committed participants not only in temple trepreneurship. Devoting his life to the service of others, Fa- life but in the larger world as well, the mem- Dr. Simone led RIT’s largest capital cam- ther O’Brien has faithfully tended to the people bers of Temple Beth David have recently paign, raising $310 million which enabled the of Connecticut as a pastor, teacher, principal, joined the interfaith chorus calling for U.S. university to add over 210 new scholarships, and friend. Government intervention in Darfur. Along with name three colleges, add seven new endowed Father O’Brien was ordained on February 2, Rabbi Lachtman, the 195 families of the tem- professorships, build nine new campus facili- 1957, after completing his education at the St. ple, mindful of their own community’s history, ties, add $90 million in new applied research initiatives, and add $34 million to the RIT en- John Seminary in Boston. Over the past 50 are activists for the civilians in Darfur. dowment. This capital campaign enhanced years, he has served as a dedicated pastor It is my privilege to honor Temple Beth RIT’s reputation, made college education more and educator to many Connecticut congrega- David on its anniversary of 60 years of active accessible for more students, and gave stu- tions. Currently, he is pastor of St. Adalbert community and fulfillment in Judaism. I ask all dents and faculty better resources to pursue members to join me in wishing the Temple parish in Enfield and director of the parish their academic endeavors. school. Beth David and its congregants continued suc- Thanks to Dr. Simone and the programs he He once said of his profession, ‘‘a teacher cess. has cultivated at RIT, the university has be- affects eternity.’’ As a counselor and consum- f come a strong partner in regional economic mate supporter of his students, Father O’Brien IN HONOR OF THE CAREER AND development efforts. His endeavors have con- embodies the compassionate, nurturing, and sistently reflected his belief that the ‘‘ ‘R’ in RIT dedicated values characteristic of our Nation’s ACHIEVEMENTS OF DR. ALBERT J. SIMONE means something.’’ Aside from creating aca- greatest educators. demic programs at the university to address A die hard fan of the celebrated Boston Red the business needs of Rochester and the sur- Sox, Father O’Brien is well-known for deliv- HON. LOUISE McINTOSH SLAUGHTER rounding region, Dr. Simone served as chair- ering score updates to his parishioners when OF NEW YORK man of the board of the Greater Rochester a game has been inconveniently scheduled IN THE HOUSE OF REPRESENTATIVES Metropolitan Chamber of Commerce, and cur- during a mass celebration. Thursday, June 7, 2007 rently serves on the boards of the Rochester I am honored to pay tribute to the Reverend Business Alliance, the Center for Government Edmund M. O’Brien. Father O’Brien’s dedica- Ms. SLAUGHTER. Madam Speaker, I rise Research, and the Finger Lakes Partnership tion to his faith, his community, and the chil- today to celebrate the achievements of a dis- for the WIRED initiative. His involvement in dren under his care has been, and continues tinguished academic who I am privileged to these and countless other community organi- to be, an inspiration to myself and the resi- call my friend, Dr. Albert J. Simone. Dr. zations has benefited not only the organiza- dents of eastern Connecticut. Simone has served as the President of Roch- tions themselves, but also the university and f ester Institute of Technology since September its students by establishing important net- 1, 1992, and during that time I have had the working opportunities and using the knowl- A TRIBUTE TO TEMPLE BETH pleasure of working with him as he advanced edge from those relationships to inform the di- DAVID the university’s reputation as a leading career- rection of the university. oriented institution. He is retiring his post this Dr. Simone has been recognized by several HON. ADAM B. SCHIFF year, and his vision and leadership will be organizations throughout Western New York OF CALIFORNIA sorely missed. and the Nation for his outstanding leadership IN THE HOUSE OF REPRESENTATIVES Before taking the helm at RIT, Dr. Simone and community involvement. He was the re- served as president of the University of Hawaii cipient of the Entrepreneurial American Lead- Thursday, June 7, 2007 System and chancellor of the University of Ha- ership Award from Partners or Livable Com- Mr. SCHIFF. Madam Speaker, I rise today waii at Manoa. He also taught at several well- munities (2006), the YWCA of Rochester and to honor Temple Beth David, which will be respected institutions for higher education, in- Monroe County Racial Justice Award (2005), celebrating its 60th anniversary this year. In cluding the Massachusetts Institute of Tech- the Rochester International Council Inter- the past 60 years, the temple has grown into nology, Tufts University, Northeastern Univer- national Citizen Award (2004), the National a vibrant community dedicated to the values of sity, Boston College, Boston University, Uni- Association of Student Affairs Professionals Judaism including spiritual discovery, edu- versity of Cincinnati, and the University of Ha- President’s Award (2001), and the Rochester cational richness, and the love and kindness waii. But his achievements go far beyond ad- Business Alliance Civic Medal among many, of community and personal responsibility. ministration and instruction. many others. Founded by 10 families in 1947, Temple Dr. Simone has authored countless publica- RIT and the community surrounding it owe Beth David was the first reform synagogue in tions, including books and journal articles on a debt of gratitude to Dr. Simone, and I am the San Gabriel Valley. The original founder, the application of mathematics, statistics, and honored today to have the opportunity to pay Flora Kahn, is still a member of the congrega- computers to economics and business. He is tribute to his service. His legacy will live on at tion. Since its inception, the temple has seen a founding editor of Decision Sciences and is RIT, and I look forward to seeing the univer- its membership grow to 195 families, spanning a past president and fellow of the Institute of sity continue to flourish. I wish Dr. Simone and the generations. The community welcomes all Decision Sciences. And, although he is retir- his wife Carolie, their four children, and five Jews as well as interfaith couples and encour- ing, he will continue to make contributions to grandchildren the best during his retirement. ages non-Jewish spouses to participate in academia as he is currently in the process of f temple life. collecting data for a book he will be writing on TRIBUTE TO JAMES O. RICH Rabbi Alan Lachtman has been with the higher education. temple in his current position since 1976. A re- A true trailblazer, Dr. Simone was the first tired Lieutenant Colonel from the Army Re- American university president to officially visit HON. JAMES E. CLYBURN OF SOUTH CAROLINA serves, Rabbi Lachtman has a degree in Mar- North Korea, Vietnam, and Vladivostok when IN THE HOUSE OF REPRESENTATIVES riage Family Therapy and received the Doc- these regions were closed to the United torate of Divinity from Hebrew Union College States except for cultural and educational ex- Thursday, June 7, 2007 in 1999. He currently teaches at the University change. He oversaw the launch of three Ph.D. Mr. CLYBURN. Madam Speaker, it is my of Judaism, and works closely with the Amer- programs at RIT in the areas of microsystems honor to congratulate one of South Carolina’s

VerDate Aug 31 2005 06:13 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~3\2007NE~2\E11JN7.REC E11JN7 mmaher on PROD1PC70 with CONG-REC-ONLINE June 11, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E1237 most faithful and dedicated church leaders as alma mater, Morris College, named one of its Unlike other proposals, this bill does not he retires from the ministry. Rev. Dr. James men’s dormitories in his honor. He has also criticize the President’s handling of the war. It O. ‘‘J.O.’’ Rich is a stalwart in upstate South been the recipient of the Mamie L. Duckett does not cut off funds for the troops. Nor does Carolina where he has been the long-serving Founder’s Day Award given by Benedict Col- this bill set a timetable for our withdrawal. I pastor of St. Paul Baptist Church and is the lege, the Jefferson Award conferred by strongly believe that this legislation will enjoy co-owner of Rich-Colonial Funeral Home. WYFF–TV, the Howard McClain Christian Ac- broad support among both those in favor of J.O. was born in Sumter, SC, where he at- tion Award issued by the Christian Action our action in Iraq and those who favor ending tended Lincoln High School and went on to Council, and the Pastor of the Year Award the war, and I am encouraged by the bipar- earn a bachelor’s in divinity from Morris Col- granted by the Progressive National Baptist tisan support I have received when seeking lege. His dedication to the ministry led him to Convention. original cosponsors. Congress is obligated to earn a master’s in divinity from the Inter- His leadership of St. Paul Baptist Church consider anew the authority for Iraq sooner national Theological Center, Morehouse has been an inspiration, and his accomplish- rather than later and I hope more of my col- School of Religion in Atlanta, GA. He com- ments there are too numerous to mention. Yet leagues will join me as cosponsors of this leg- pleted further study at the Lutheran Southern throughout his service, his loving wife, islation. Seminary, and was awarded an honorary doc- Arabella, their children Stanley and Stephanie, torate from Morris College in 1975. and now their daughter-in-law Phyllis and f Dr. Rich truly committed himself to the grandson Stanford, have been fully supportive teachings of the church and sought leadership of his efforts. HONORING THE TUSKEGEE positions to help share his faith with a wider Madam Speaker, I ask you to join me in AIRMEN audience. He served as president of Baptist commending Rev. Dr. J.O. Rich for his tre- education bodies on the State and national mendous service to his faith and his commu- levels including the South Carolina Baptist nity. He is a living testament to the Bible’s ad- HON. MARK UDALL Congress of Christian Education and the Pro- monition ‘‘to whom much is given, much is re- gressive National Baptist Congress of Chris- quired.’’ Dr. Rich has been given extraordinary OF COLORADO tian Education. talents, and he has used them to honor his IN THE HOUSE OF REPRESENTATIVES Within in his own church, Dr. Rich helped faith and his fellow man. I applaud the exam- expand the educational outreach opportunities. ple he has set for others to follow, and wish Thursday, June 7, 2007 He oversaw the construction of St. Paul Bap- him a wonderful retirement and Godspeed. Mr. UDALL of Colorado. Madam Speaker, I tist Church’s Educational Center as a testa- f ment to the church’s investment in spiritual rise today to honor the Army Air Corps’ leg- and human growth. The center cost $600,000 INTRODUCING A BILL TO ESTAB- endary Tuskegee Airmen. On March 29, 2007, to build in 1977, but stands today as a central LISH A SUNSET FOR THE AU- in the U.S. Capitol Rotunda, the surviving part of the community and the church’s out- THORIZATION FOR THE USE OF Tuskegee Airmen were awarded the Congres- reach ministries. MILITARY FORCE AGAINST IRAQ sional Gold Medal, the most prestigious rec- Throughout his career, Dr. Rich has been a RESOLUTION OF 2002 (PUBLIC ognition that Federal lawmakers can bestow. lecturer and author as well. He has spoken on LAW 107–243) Tuskegee Airmen, from Colorado, that re- college and university campuses in South ceived the Congressional Gold Medal include: Carolina and across the Nation. He also HON. James E. Harrison, James H. Harvey III, Sam- uel C. Hunter Jr., Franklin J. Macon, John W. served as the compilation editor of Founda- OF TEXAS Mosley, Fitzroy ‘‘Buck’’ Newsum, Marion R. tions of Worship, a developmental meditation IN THE HOUSE OF REPRESENTATIVES for families. Other publications by Dr. Rich in- Rodgers, David A. Smith and William A. Wal- Thursday, June 7, 2007 clude, Help, a study guide for Baptists, BTU ters. Report, and articles in the Quiet Hour, the Mr. PAUL. Madam Speaker, today I am in- The first African-American airmen unit in the Worker, and In-Teen magazines. troducing a bill to establish a sunset for the U.S. military trained in Tuskegee, Alabama. A His work and dedication are not just isolated 2002 Authorization for the Use of Force total of 450 Tuskegee Airmen served overseas to the church. Dr. Rich believes strongly in Against Iraq (P.L. 107–243). There are several on various missions. During WWII, the Airmen giving back to the community. He did so by active pieces of legislation that would rescind flew missions over North Africa, Italy and Sic- serving as president of the Anderson Branch the authorization to use force against Iraq, but ily. Collectively, they flew more than 15,000 of the NAACP for more than 20 years. He the approach of this legislation is quite dif- combat sorties, shot down 111 German chaired the City of Anderson Community De- ferent. This legislation would sunset the origi- planes, and disabled 150 German planes on velopment Corporation, and is a member of nal authorization 6 months after it is enacted, the ground. Thirty-three Airmen were shot the Alston Wilkes Society, Inc., the South which would give Congress plenty of time to down and held as POWs, and 66 of the Air- Carolina Christian Action Council, and Alpha consider anew the authority for Iraq. men were killed. Phi Alpha Fraternity, Inc. The rationale for this sunset is that accord- The Tuskegee Airmen got their start in 1941 Governor Dick Riley recognized Dr. Rich’s ing to the 2002 authorization for Iraq, the after the NAACP filed a lawsuit. President dedication and honored him with South Caro- President was authorized to use military force Franklin Roosevelt started the Army Air Corps lina’s highest honor, the Palmetto Award. Gov- against Iraq to achieve the following two spe- training program as the first African-American ernor Riley also appointed Dr. Rich to serve cific objectives only: ‘‘( 1) defend the national training program. The Airmen were segregated as the Third Congressional District’s rep- security of the United States against the con- from other units and endured blatant racism resentative to the State Council on Maternal, tinuing threat posed by Iraq; and (2) enforce and discrimination while helping win World Infant and Child Health. It was a position for all relevant United Nations Security Council War II and change our Nation for the better. which Governor Carroll Campbell re-appointed resolutions regarding Iraq.’’ Their achievements helped contribute to the him. It should be obvious to both supporters and eventual integration of African-Americans into In 1986, while serving as president of the critics of our military action in Iraq that our the military and also helped lead the way for Baptist E&M Convention of South Carolina, military has achieved both legal objectives. further desegregation throughout the Nation. the Ford Foundation awarded the organization Our military quickly removed the regime of a $180,000 grant to fight teenage pregnancy. Saddam Hussein, against whom the United I ask my colleagues to join me in congratu- Housing issues are also very important to Nations resolutions were targeted. And a gov- lating James E. Harrison, James H. Harvey III, Dr. Rich. He served as the chairman of the ernment has been elected in post-Saddam Samuel C. Hunter Jr., Franklin J. Macon, John Baptist Service Inc., the housing arm of the Iraq that has met with U.S. approval, fulfilling W. Mosley, Fitzroy ‘‘Buck’’ Newsum, Marion R. Baptist E&M Convention. And while serving as the first objective of the authorization. Rodgers, David A. Smith and William A. Wal- the moderator of the Rocky River Baptist As- With both objectives of the original author- ters for their patriotism and service to the sociation, Dr. Rich initiated the building of the ization completely satisfied, Congress has a United States of America. Their triumph over Rocky River Residential Care Home, a 60–unit constitutional obligation to revisit this issue racism and discrimination, along with their out- complex for the elderly and handicapped in and provide needed oversight and policy guid- standing service, is inspirational, and they are Anderson. ance. We ignore this obligation at risk to the a source of pride for America and for all of As a result of all his outstanding community United States and, very importantly, to our sol- Colorado. I wish them continued health and service and dedication to the ministry, his diers in harm’s way in Iraq. happiness.

VerDate Aug 31 2005 06:13 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~3\2007NE~2\E11JN7.REC E11JN7 mmaher on PROD1PC70 with CONG-REC-ONLINE E1238 CONGRESSIONAL RECORD — Extensions of Remarks June 11, 2007 IN HONOR OF OUR FALLEN What I’m talking about is our effort to di- appreciate the service of the Soldiers along- HEROES IN THE ARMED FORCES versify the scope of the ‘‘fight’’ in order to side whom I proudly serve. General Robert E. create a foundation upon which the Iraqi Lee once described duty—the close cousin of people can rebuild a society less vulnerable service—as the most sublime word in the HON. CHRISTOPHER SHAYS to virulent strands of militant Islam and sec- English language. I would argue that he was OF CONNECTICUT tarian antipathy. More specifically, we now trying to explain that duty and service as IN THE HOUSE OF REPRESENTATIVES complement our combat operations with four concepts are impossible to understand in an additional lines of operation: training Iraqi abstract intellectual sense; rather, in order Thursday, June 7, 2007 Security Forces; promoting local govern- to wrap our minds around this simple but Mr. SHAYS. Madam Speaker, on May 28, ance; restoring essential services; and devel- crucial civic value, we need to discuss spe- 2007, millions of Americans across the country oping the economy. This is a long, tough, un- cific examples—and that will be the intent of recognized the brave men and women who predictable process that is at times frus- the balance of my remarks. trating and at other times exhilarating. Over The key to the success that my unit has made the ultimate sacrifice while fighting to the last nine months, my troop has been able experienced has been the influence of our ex- protect the citizens and freedom of our great to develop our sector through a strategy that traordinary non-commissioned officers. For Nation. depends fundamentally upon earning the those of you with prior military experience, In recognition of Memorial Day, LT. Zach genuine trust of the local nationals living you know that at troop or company levels, Alessi-Friedlander gave an address at a Me- within our sector. Many of you, I am sure, NCOs have dramatically more time in serv- morial Day Ceremony at Hillside Cemetery in have heard about many of these new empha- ice—and thus experience—than their com- Wilton, Connecticut. I submit the text of LT. ses—especially after the recent appointment missioned-officer counterparts. Therefore, of General David Petreaus as the new the- Alessi-Friedlander’s remarks to be entered into the key to a successful unit is to develop a ater commander in Iraq. However, experi- synergy between the NCO and Officer Corps. the RECORD. encing it on the ground is a truly perspec- Each officer-NCO pair must understand the We come together on this solemn occasion tive-altering experience. My unit’s role that the other plays in training, plan- to commemorate the sacrifice and celebrate progress—especially over the past 5 ning, and operations and must then work to the legacy of those Soldiers, Marines, Sail- months—has been startling. In this period, complement their counterpart in every phase ors, and Airmen who have lost their lives we have poured several million dollars worth of mission preparation and execution. In my while serving our great Nation. of projects into the small villages dotting troop, the only Soldiers with previous com- When the leaders of the Wilton Memorial our sector—providing services like trash col- bat experience are the NCOs. Two in par- Day parade committee—especially Mr. lection and replacing dilapidated infrastruc- ticular come to mind: SFC Richardson and Toothaker and Mr. Brautigam as well as Mr. ture such as a drinking-water tower and SSG Mont-Eton, the sergeant and Dartley of the VFW—invited me to speak at power-line transformers. But our most suc- senior scout for our 2nd platoon—the ele- this ceremony, I embraced the opportunity cessful-civil military initiatives have been ment whom I would argue has helped to es- because it would give me a forum through those which have integrated our Soldiers, tablish the model by which a counter- which to speak with you all about service— members of either the Iraqi Army or Iraqi insurgency must be fought. Perhaps the a truly timeless value that is integral to the National Police, and the local nationals into most illuminating parts of my deployment vibrancy of our society. My purpose here combined community projects. Examples of have come while riding alongside SSG Monty today is to provide a Soldiers’-eye-view on such initiatives include: two medical-assist- in his truck. Over the course of any given pa- the value of service—drawn not only from ance visits during which our medics and doc- trol, he spends time instructing his gunner my own experiences but from those of the ex- tors were able to provide medicine, care, di- on how to more effectively scan the key traordinary Soldiers with whom I have had agnoses, and treatment advice to almost 400 pieces of terrain with his optics; teaching his the great privilege of serving alongside. local nationals; as well as something called a driver on how to scan the road for the com- Nine years ago, I was 17 years old and a ‘‘VET CAP’’ during which an Army veteri- mand-wire-IED initiators that are carefully week from my high school graduation. To narian was able to treat and de-worm 150 concealed alongside the routes in our sector; me, the world seemed pregnant with oppor- sheep and 20 cows. and positioning his dismount on where he tunity and possibility. Over much of these But, the civil-military initiatives of which must stand to establish the most effective last nine years, my personal journey has I am most proud are the efforts that have en- security when the platoon gets out of the been largely defined by abstract intellectual abled us to promote truly indigenous forms trucks. But SSG Monty’s true gift is his un- pursuits—college, internships, and even a se- of self-government. In December, when we canny ability to establish rapport with the mester of graduate school. But in early 2004, recognized that local nationals residing in local nationals upon whose trust the entire I felt a growing sense of discomfort. So much our sector were unwilling to participate in troop depends in order to rebuild the commu- was unfolding outside the classrooms and li- the regional branches of the Iraqi govern- nities and counter the insurgent threats. braries in which I spent so much of my time. ment—called Nahia and Qada councils—we Smoking cigarettes and drinking coffee con- I was almost 23 and I felt the need to be a decided to host a series of village-level town- stantly, SSG Monty can approach any indi- part of something that was larger and more hall meetings. At these meetings, we were vidual in our sector, and, within a matter of important than me. I then made the decision able to identify community leaders with the minutes, they are exchanging stories about to pursue a commission in the Army. At the initiative, technical expertise, and will to their children or talking about how to im- time, in response to the queries of friends represent the other members of the villages. prove water flow in a nearby irrigation and family, I could only describe my motiva- These town-hall meetings served as jumping- canal. Never in my life, not at Columbia nor tions in an abstract sense. But over the last off points for two major developments. A at Harvard, have I ever encountered an indi- two and half years, the reasons for my deci- group of local nationals in our largest village vidual with more practical intelligence— sion to serve have been made clearer through now regularly attend the Nahia council with the ability to adapt doctrine or theory the crucible of experience. meetings, which allows them to interface to a real-world operating environment, After attending Basic Training and Officer with the Iraqi government. But, perhaps which, in our case, carries life and death sig- Candidate School, I was commissioned as a more impressively, this same group created a nificance. As for SFC Richardson, he is sim- Field Artillery lieutenant. Sixty-five years Farmers’ Cooperative, whose leaders now ply a force of nature. He is the tactical ex- ago, on the conventional battlefields of represent farmers from throughout our en- pert upon whom his platoon leader relies to World War II, I would have been responsible tire area of operations. carefully plan any deliberate operation. for planning and coordinating the artillery, But, make no mistake, our unit has been Riding in the 4-truck, the platoon’s trail ve- forced to combat an adaptive, innovative, mortars, aerial firepower, and naval gunfire hicle, he has managed the evacuation of all patient, and committed insurgent threat in- needed to support my troop commander’s Soldiers injured on patrol with a sense of tent on disrupting our efforts through a se- scheme of maneuver. However, the battle- calm and poise that has allowed the platoon ries of persistent attacks against us and— fields of Iraq are—at this stage of the war— to address potentially catastrophic situa- perhaps more ominously—by casting a spec- decidedly different from their World War II ter of fear over the local-national population tions with the speed and efficiency needed to counterparts. Conventional schemes of ma- whom we are attempting to secure and ensure the safety of all involved. The Sol- neuver have been replaced with the uncon- whose trust we are working to earn. Our diers in his platoon trust him implicitly and ventional strategies and tactics needed to military has been largely built and trained would literally follow him wherever he de- manage an elusive and adaptive enemy with- to fight high-intensity conflicts using tech- cided to go. He is the most senior Soldier in in an asymmetric and three-dimensional bat- nological superiority and mobility to combat the entire troop, with even more years in tlefield. Coalition Forces are grappling with nation states. My unit is a cavalry troop service than our first sergeant; he has used a multi-faceted insurgency—divided along composed of field artilleryman, cavalry this seniority to be the forceful and articu- different ethno-sectarian and ideological scouts, and infantrymen—all of whom were late voice on all Soldier issues. When his lines. The fight for key terrain and the push initially trained to play specific roles in a guys are smoked, he goes to my commander to force the enemy to formally surrender conventional fight. But, every day, I am and first sergeant, and tells them the pla- have been replaced with the fight for the amazed at how our Soldiers have been able toon needs a day of refit . . . and they listen. hearts and minds of the Iraqi local nation- to adapt to the changing nature of the fight. SFC Richardson was the one who insisted als—the people upon whom the burden of a My preceding remarks were an effort to upon explaining to the local-national chil- free and secure Iraq will ultimately rest. provide the context necessary for you all to dren, who gathered to receive their soccer

VerDate Aug 31 2005 06:13 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\E11JN7.REC E11JN7 mmaher on PROD1PC70 with CONG-REC-ONLINE June 11, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E1239 balls, why Nick’s name had been inscribed on were in the same company at Officer Can- it should be celebrated—even if it must be each of their gifts. Into his leadership style, didate School. Throughout the first half of done with a somber tone and painful heart. I SFC Richardson has managed to fold tough- the course, he began to have reservations know that on every Memorial Day from this ness, moral authority, compassion, and in- about continuing his pursuit of an officer’s day forward, I’ll take the opportunity to re- telligence—or, more specifically, the ability commission—but never once questioned his flect on the life and sacrifice of SPC to think critically about and to respond desire to serve. After successfully com- Cadavero. swiftly to unpredictable and challenging sit- pleting the land-navigation course and re- Rare is this profession of arms for its uations. And then there’s the amazing sym- ceiving top marks on his academic testing whole essence is built upon a foundation of biosis that my commander and first sergeant and leadership evaluations, he recognized specifically conceptualized values that are have been able to establish. They are the that he had met and exceeded the standards intended to discipline individual Soldiers only command pair in my entire squadron required to become an officer. He then felt into a coherent and selfless team. The only not to have previously deployed to either Af- that he could leave Officer Candidate School constants that Soldiers will ever have are ghanistan or Iraq since combat operations without feeling that he was dodging a chal- the support of their fellow Soldiers, the began in those places in 2001 and 2003, respec- lenge. He decided that he preferred to fulfill value of their service, and the appreciation tively. However, they have not allowed this his obligations to the Army as an enlisted of the grateful nation whom they serve. Sol- relative inexperience to adversely affect our medic rather than as an officer, which meant diers have always been asked to sacrifice troop’s operations. Rather, they have ap- less pay and decision-making authority; but, their comforts and desires for the sake of the proached our campaign plan with a refresh- he did not care about that; he simply wanted team and for the mission. Unlike the civilian ing open-mindedness, rigorous planning to serve his country in Iraq. I remember hav- world, Soldiers are required to see their com- process, and strict attention to detail that ing long conversations with him about his mitment through to the end regardless of the have helped to keep our Soldiers safe and our decision in our barracks at Ft Benning. I extenuating circumstances that may arise unit mission effective. told him that he needed to make the decision after making the oath of enlistment or com- I have still only spoken in relatively gen- with which he felt most comfortable; either mission. I am awed by the courage and serv- way, he would have the opportunity to eral terms thus far, but I want to share with ice of my Soldiers, by their ability to man- serve—a motivation we both proudly shared you a specific example from our deployment age their myriad personal and family con- and embraced. The next time we met was at that I believe demonstrates the courage and cerns while negotiating the constant threats Bradley’s, the tailor shop just outside of Ft discipline of our Soldiers and, more gen- to their safety that lurk ominously every Drum; we were both having nametapes sewn erally, illuminates the value of service. In time we leave the wire in Iraq. The purpose on our boonie caps, assault packs, and ruck mid-October, after only a month in our sec- of Memorial Day is for our nation to recog- sacks in preparation for the deployment of tor, our infantry platoon was conducting dis- nize and express their appreciation for this our brigade. We talked informally about our mounted night-time reconnaissance of a service, in general, and the sacrifice of those families; about finally being in the regular piece of key terrain. The 8-man dismounted that have lost their lives while serving, more element had just embarked on their patrol Army after more than a year in various Army schools; about the long and chal- specifically. I ask only that we, as a commu- when their senior scout, SSG Hurlbutt, nity, embrace this opportunity to con- stepped on an anti-tank mine. He was blown lenging deployment that hovered on the ho- rizon. Over the next 6 months, we met ran- template seriously what this service and sac- off the ground and sent hurtling 15 feet rifice have meant in the development of our through the air into a reed-choked and half- domly on Camp Striker—at the gym, at the country and in the expression of our shared filled irrigation canal. Without hesitating, chow hall, around our living quarters—each values. the dismounted team leader, SGT Love, and time sharing warm conversation, sometimes one of the other members of the patrol, SPC about the Army, but usually just about base- f ball. On February 27th, while acting as the Conolly, immediately jumped into the canal HONORING GEOFFREY SEFFENS and extracted—up its steep and slippery platoon medic for a route-clearance element banks—their severely injured platoon mate— operating in support of my unit’s sister who, between the weight of his body, protec- troop, he was killed when an IED detonated HON. TOM DAVIS under the truck in which he was riding. This tive armor, weapon, and gear weighed more OF VIRGINIA than 300 pounds. While they administered device was buried deep under the paved sur- first aid, the platoon leader, lLT Kimes, who face of the road on which he was traveling, IN THE HOUSE OF REPRESENTATIVES was the trail man in the patrol, positioned and, when it detonated, it completely de- Thursday, June 7, 2007 the balance of the element in a security pe- stroyed his truck and killed all of the occu- rimeter and coordinated for the MEDEVAC. pants. I remember seeing his name listed Mr. TOM DAVIS of Virginia. Madam Speak- (And, this provides me with an opportunity among the casualties. At first, everything er, I rise today to honor Mr. Geoffrey Seffens to praise again the technical skill and cour- seemed to collapse with the pain I felt for his for 32 years of dedicated service to the Fairfax age of Chief Reeves and the other MEDEVAC loss, for his family, friends, and fellow Sol- County Public School system. pilots upon us guys on the ground constantly diers. And then everything seemed to ex- After graduating from the Cincinnati College rely.) Some people may be inclined to at- plode in a rush of memories—wandering Conservatory of Music in Ohio, Mr. Seffens through the woods of Ft Benning in our des- tribute the way in which the ‘‘rock lizards’’ began his career as an elementary band were able to handle this situation to their perate attempts to find our points on the training, but I am more inclined to attribute land-navigation course or cracking jokes be- teacher in Northern Virginia. Not one to shy it to their courage and commitment to one fore the dreaded arrival of our supervisors at away from a challenge, Mr. Seffens spent his another. As for SSG Hurlbutt, he is an ex- the ridiculous light-out ritual each night. I first 4 years as a teacher engaging students traordinary Soldier among many extraor- remember his distinctive New York accent, from five different schools. Not only did he rise dinary Soldiers. Just prior to the deploy- his infectious smile, his wit, his intelligence, to this challenge but he pushed himself even ment, he was given. the option of deploying his unwavering desire to serve his country as further, teaching more than 400 students from late or not deploying at all in order to care a Soldier during wartime. His sacrifice and nine schools over the course of the next 2 sense of duty should be an inspiration to his for his wife, who had only recently recovered years. Mr. Seffens’s hard work was recog- from a very serious illness. Despite his con- fellow Soldiers and to the country he proud- cern for his wife, he declined the offer, un- ly served, but these are no comfort to his nized in 1979 when he was selected as the derstanding that his previous combat experi- family and friends. The memory of his loss is new band director at Lanier Middle School. ence and deep knowledge were essential to still too fresh. The loss of each service mem- Ever since joining the faculty at Lanier, Mr. helping his platoon transition to operations ber sends ripples of pain throughout commu- Seffens has continued to guide students to- in theater. And then, in January, when my nities; those closest to him are touched in a wards musical achievement while becoming commander returned to Fort Drum, where way that is impossible for most of us to an indispensable member of the school’s com- my unit is based, for his mid-tour leave, he imagine. Most can sympathize but not really munity. empathize. This is the fundamental chal- visited SSG Hurlbutt, who is still recovering As a native of Northern Virginia and a prod- from his injuries. In the months between sus- lenge of Memorial Day: once a year, we have taining the injury and my commander’s the opportunity to congregate as a commu- uct of the Fairfax County Public School sys- visit, SSG Hurlbutt had received skin grafts nity and as a society to commemorate their tem himself, Mr. Seffens and his successful to replace the skin and tissue destroyed by sacrifice—but perhaps more importantly—to teaching career stand as a testament to the the mine’s intense heat and he was under- celebrate their legacy. I would encourage ev- region’s firm commitment to academic excel- going excruciating physical therapy to re- eryone to find the name of an individual Sol- lence. Upon his retirement after years of com- cover from the chunk of flesh and muscle dier, Marine, Airman, or Sailor, who has lost mendable work, Mr. Seffens will certainly be that he lost from his left thigh. Despite all their life while serving their country; give missed by students and faculty alike. that name and the magnitude of their sac- this and despite the fact that he was barely Madam Speaker, in closing, I would like to ambulatory at the time of my commander’s rifice specific attention. This will help us to visit, he amazingly started campaigning to humanize the sacrifice that spans genera- take the opportunity to recognize Mr. Seffens’s return to sector before we redeployed. tions. This sacrifice and service connect us steadfast devotion to raising the standard of And then there’s SPC Jonathan Cadavero. all in a tragic but crucial narrative. Ours is musical education and personally thank him SPC Cadavero was my good friend and we a country built upon the value of service and for his dedication to the Fairfax County Public

VerDate Aug 31 2005 06:13 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~3\2007NE~2\E11JN7.REC E11JN7 mmaher on PROD1PC70 with CONG-REC-ONLINE E1240 CONGRESSIONAL RECORD — Extensions of Remarks June 11, 2007 School system. I call upon my colleagues to youth and community outreach, and cultural new programs represent the university’s un- join me in applauding Geoffrey Steffens for his programming. One of the center’s goals is to derstanding of the needs of the community service to our Nation and wishing him the best provide role models for young members of the outside of it, and help distinguish the city of in a well-deserved retirement. gay and lesbian community. Rochester as a center for innovation and en- f The three-story facility is a proud home for trepreneurship. a proud community, and the end product is al- Dr. Simone led RIT’s largest capital cam- PERSONAL EXPLANATION most as remarkable as the hard work of all the paign, raising $310 million which enabled the people who made it happen. The roof deck, university to add over 210 new scholarships, HON. BILL SHUSTER computer lab, theater facilities, Whole Foods, name three colleges, add seven new endowed OF PENNSYLVANIA cafe´, and more will make the Center on Hal- professorships, build nine new campus facili- IN THE HOUSE OF REPRESENTATIVES sted a welcoming location for its neighbors ties, add $90 million in new applied research and an engine for economic development on initiatives, and add $34 to the RIT endowment. Thursday, June 7, 2007 the northside of Chicago. This capital campaign enhanced RIT’s reputa- Mr. SHUSTER. Madam Speaker, on Madam Speaker, I am thrilled that the Cen- tion, made college education more accessible Wednesday, June 6, 2007, I could not be ter on Halsted has opened its doors. I want to for more students, and gave students and fac- present for rollcall votes 431, 432, 433, 434, congratulate everyone involved on a job well ulty better resources to pursue their academic 435, 436, 437, 438, and 439 because I was done, and I know the center will be an impor- endeavors. attending my daughter’s high school gradua- tant part of Chicago for a long time to come. Thanks to Dr. Simone and the programs he has cultivated at RIT, the university has be- tion. f Had I been present, I would have cast the come a strong partner in regional economic following votes: IN HONOR OF THE CAREER AND development efforts. His endeavors have con- ‘‘No’’ on rollcall 431, H. Res. 435—Providing ACHIEVEMENTS OF DR. ALBERT sistently reflected his belief that the ‘‘ ‘R’ in RIT for the consideration of H.R. 2446, Afghani- J. SIMONE means something.’’ Aside from creating aca- stan Freedom and Security Support Act; demic programs at the university to address ‘‘Yes’’ on rollcall 432, H.R. 1716—Green HON. LOUISE McINTOSH SLAUGHTER the business needs of the Rochester and the Energy Education Act; OF NEW YORK surrounding region, Dr. Simone served as ‘‘Yes’’ on rollcall 433, H.R. 632—To author- IN THE HOUSE OF REPRESENTATIVES chairman of the board of the Greater Roch- ize the Secretary of Energy to establish mone- ester Metropolitan Chamber of Commerce, Thursday, June 7, 2007 tary prizes for achievements in overcoming and currently serves on the boards of the scientific and technical barriers associated Ms. SLAUGHTER. Madam Speaker, I rise Rochester Business Alliance, the Center for with hydrogen energy; today to celebrate the achievements of a dis- Government Research, and the Finger Lakes ‘‘No’’ on rollcall 434, H.R. 964—Securely tinguished academic who I am privileged to Partnership for the WIRED initiative. His in- Protect Yourself Against Cyber Trespass Act; call my friend, Dr. Albert J. Simone. Dr. volvement in these and countless other com- ‘‘Yes’’ on rollcall 435, H.R. 2446—Kirk Simone has served as the president of Roch- munity organizations has benefited not only Amendment; ester Institute of Technology since September the organizations themselves, but also the uni- ‘‘No’’ on rollcall 436, H.R. 2446—Kucinich 1, 1992, and during that time I have had the versity and its students by establishing impor- Amendment; pleasure of working with him as he advanced tant networking opportunities and using the ‘‘Yes’’ on rollcall 437, H.R. 2446—Motion to the university’s reputation as a leading career- knowledge from those relationships to inform Recommit with Instructions Afghanistan Free- oriented institution. He is retiring his post this the direction of the university. dom and Security Support Act; year, and his vision and leadership will be Dr. Simone has been recognized by several ‘‘Yes’’ on rollcall 438, H.R. 2446—Afghani- sorely missed. organizations throughout western New York stan Freedom and Security Support Act; Before taking the helm at RIT, Dr. Simone and the Nation for his outstanding leadership ‘‘No’’ on rollcall 439, H.R. 2560—Human served as president of the University of Hawaii and community involvement. He was the re- Cloning Prohibition Act. System and chancellor of the University of Ha- cipient of the Entrepreneurial American Lead- f waii at Manoa. He also taught at several well- ership Award from Partners for Livable Com- respected institutions for higher education, in- munities—2006, the YWCA of Rochester and RECOGNIZING THE OPENING OF cluding the Massachusetts Institute of Tech- Monroe County Racial Justice Award—2005, THE CENTER ON HALSTED nology, Tufts University, Northeastern Univer- the Rochester International Council Inter- sity, Boston College, Boston University, Uni- national Citizen Award—2004, the National HON. RAHM EMANUEL versity of Cincinnati, and the University of Ha- Association of Student Affairs Professionals OF ILLINOIS waii. But his achievements go far beyond ad- President’s Award—2001, and the Rochester IN THE HOUSE OF REPRESENTATIVES ministration and instruction. Business Alliance Civic Medal among many, Dr. Simone has authored countless publica- many others. Thursday, June 7, 2007 tions, including books and journal articles on RIT and the community surrounding it owe Mr. EMANUEL. Madam Speaker, I rise the application of mathematics, statistics, and a debt of gratitude to Dr. Simone, and I am today to commemorate the opening of the computers to economics and business. He is honored today to have the opportunity to pay Center on Halsted, a new gay and lesbian a founding editor of Decision Sciences and is tribute to his service. His legacy will live on at community center at 3656 N. Halsted, in the a past president and fellow of the Institute of RIT, and I look forward to seeing the univer- heart of the northside of the Fifth District. This Decision Sciences. And, although he is retir- sity continue to flourish. I wish Dr. Simone and new facility will give the surrounding commu- ing, he will continue to make contributions to his wife Carolie, their four children, and five nity a state of the art building for youth serv- academia as he is currently in the process of grandchildren the best during his retirement. ices, mental health services and community/ collecting data for a book he will be writing on f cultural programming and more. higher education. HONORING THE 32ND ANNUAL The Center on Halsted has actually served A true trailblazer, Dr. Simone was the first CAPITAL PRIDE FESTIVAL Chicago’s gay and lesbian community for American university president to officially visit more than three decades. Unfortunately, North Korea, Vietnam, and Vladivostok when though, they had to make do with temporary these regions were closed to the United HON. ELEANOR HOLMES NORTON facilities for a number of years. Today, the States except for cultural and educational ex- OF THE DISTRICT OF COLUMBIA IN THE HOUSE OF REPRESENTATIVES community has a place to call home. change. He oversaw the launch of three Ph.D. This grand opening has been a long time in programs at RIT in the areas of microsystems Thursday, June 7, 2007 coming, with planning dating back to 2001. I engineering, computing and information Ms. NORTON. Madam Speaker, I rise to am proud to have worked closely with the sciences, and color science. And, under his pay tribute to the 32nd Annual Capital Pride leadership at the Center on Halsted, Mayor stewardship, six bachelor’s degree programs Festival, a celebration of the National Capital Daley, Alderman Tunney, and many other have been added to the university’s offerings, Area’s Gay, Lesbian, Bisexual and local leaders to make the dream of a new cen- including programs in information technology, Transgender, GLBT, communities, their fami- ter a reality. software engineering, chemistry and polymer lies, and friends. The Center on Halsted focuses their pro- chemistry, biochemistry, advertising and public The Capital Pride Festival has grown from a gramming into three areas: mental health, relations, and new media publishing. These small block party in 1975 to the current week-

VerDate Aug 31 2005 06:13 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~3\2007NE~2\E11JN7.REC E11JN7 mmaher on PROD1PC70 with CONG-REC-ONLINE June 11, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E1241 long celebration. This year Capital Pride cul- sequent rank and file leaders, Local 777 has Arts, and Archives program, MFAA, was es- minates with the Pride Parade on June 9th become a powerful, dynamic, and active orga- tablished under the Civil Affairs and Military and ‘‘The Main Event,’’ a street fair on Penn- nization committed to improving the quality of Government Sections of the United States sylvania Avenue in the shadow of the Capitol, life for workers. Armed Forces. June 10th. Local 777 continues to grow today. From its The Roberts Commission and the MFAA I have marched in the Pride parades since humble roots of 57 founding members working provide an example for other countries, work- coming to Congress to emphasize the uni- for the City of Indio in 1993, Local 777 boasts ing in conjunction with the United States, to versality of human rights and the importance a current membership of nearly 9,000. develop similar programs. More than 100 for- of enacting federal legislation to secure those LIUNA’s membership, which includes work- eign MFAA personnel, representing at least 17 rights for the GLBT community. ers in the health sector, construction, mail countries, contributed to this international ef- This year’s theme, ‘‘Together we can, To- handlers, school employees, higher education fort. gether we will,’’ holds special meaning for the employees, and more, have had a positive im- The MFAA was comprised of both men and citizens of the District of Columbia and its pact on the community in Riverside, and women, commissioned officers and civilians, GLBT community in particular. Washing- throughout the whole state of California. who were appointed or volunteered to serve tonians live in distinct diverse neighborhoods The organization has remained dedicated to as representatives of the Roberts Commission such as Colonial Village to the North, Fort their mission of ensuring hard-working Ameri- and as the official guardians of some of the world’s greatest artistic and cultural treasures. Drum to the South, Northeast Boundary to the cans are given fair wages, good benefits, a Members of the MFAA, called the ‘‘Monu- safe work environment, and a chance to fulfill East, and Spring Valley to the West. Together ments Men,’’ often joined frontline military the American dream. we can unite in our quest for all the rights forces and some even lost their lives in com- Besides protecting worker’s rights, LIUNA guaranteed U.S. citizens by the Constitution. bat during World War II. For years following In 1994 the District of Columbia lost the first also is very active in communities throughout the Allied victory in World War II, members of vote it ever won on the floor of the House of California. The organization sponsors inform- the MFAA worked tirelessly to locate, identify, Representatives, the delegate vote in the ative training, education, and safety programs catalogue, restore, and repatriate priceless Committee of the Whole. The Republicans re- that benefit all citizens. works of art and irreplaceable cultural artifacts, tracted the District’s vote when they assumed It is with great pride that I recognize the La- including masterpieces by Da Vinci, Michelan- control of the House and this right was re-es- borers International Union Local 777 of River- gelo, Rembrandt and Vermeer, that had been tablished under Speaker NANCY PELOSI. Our side County. On this important anniversary, stolen or sequestered by the Axis powers. city of 550,000 residents, 10 percent more we rise to thank them for all they do to protect The heroic actions of the MFAA in saving residents than the entire State of Wyoming, working American families. priceless works of art and irreplaceable cul- who pay more taxes per capita than 49 of the f tural artifacts for future generations cannot be 50 states, remains the only jurisdiction in the overstated. It set a moral precedent and es- TRIBUTE TO MONUMENTS MEN United States subject to Taxation Without tablished standards, practices, and procedures AND WOMEN OF WORLD WAR II Representation. Our Nation’s Capital is enti- for the preservation, protection, and restitution tled full voting rights in the House and the of artistic and cultural treasures in future Senate. On April 19, 2007, the U.S. House of HON. SHEILA JACKSON-LEE armed conflicts. Representatives passed H.R. 1905, The Dis- OF TEXAS Members of the MFAA went on to become trict of Columbia House Voting Rights Act of IN THE HOUSE OF REPRESENTATIVES renowned directors and curators of preeminent 2007. The measure is now before the Senate Thursday, June 7, 2007 international cultural institutions, including the and is an important milestone on DC’s road to National Gallery of Art, the Metropolitan Mu- full and equal representation. Ms. JACKSON-LEE of Texas. Madam seum of Art, the Museum of Modern Art, the This one success is a reminder of the pend- Speaker, on this 63rd anniversary of D-day, I Toledo Museum of Art, and the Nelson-Atkins ing legislation that the 110th Congress must am proud to pay tribute to the men and Museum of Art, as well as professors at insti- pass: The Clarification of Federal Employment women who served in the Monuments, Fine tutions of higher education, including Harvard, Protections Act, The Early Treatment for HIV Arts and Archives program, MFAA, under the Yale, Princeton, , Williams Act, The Employment Non-Discrimination Act, Civil Affairs and Military Government Sections College, and Columbia University. The Local Law Enforcement Enhancement of the United States Armed Forces for their Other members of the MFAA were founders, Act, The Military Readiness Enhancement Act, heroic role in the preservation, protection, and presidents, and members of associations, The Responsible Education About Life Act, restitution of monuments, works of art, and such as the New York City Ballet, the Amer- The Tax Equity for Health Plan Beneficiaries other priceless artifacts in Europe and Asia ican Association of Museums, the American Act, and The Uniting American Families Act. during and following World War II. Association of Museum Directors, the Archae- I ask the House to join me in welcoming the That is why I am proud to be a sponsor of ological Institute of America, the Society of Ar- celebrants attending the 32nd Annual Capital H. Con. Res. 48, which provides much needed chitectural Historians, the American Society of Pride Festival in Washington, DC, and I take recognition to the ‘‘Monuments Men and Landscape Architects, the National Endow- this opportunity to remind the celebrants that Women’’ who did so much to preserve many ment for the Humanities, and the National En- U.S. citizens who reside in Washington, DC of the world great cultural treasures. dowment for the Arts, as well as respected are taxed without full voting representation in Without their dedication and service, many artists, architects, musicians, and archivists. Congress. more of the world’s artistic and historic treas- Madam Speaker, it bears repeating that the ures would have been destroyed or lost for- heroic actions of the MFAA in saving priceless f ever amidst the chaos and destruction of works of art and irreplaceable cultural artifacts RECOGNIZING LIUNA LOCAL 777 World War II. for future generations cannot be overstated. It I wish to give special thanks and apprecia- established the standards, practices, and pro- HON. JOE BACA tion to the ‘‘Monuments Men’’ for establishing cedures for the preservation, protection, and saved for the world artistic and cultural treas- OF CALIFORNIA the precedent of protecting cultural property in ures of inestimable value. IN THE HOUSE OF REPRESENTATIVES the event of armed conflict, and by setting a standard not just for one country, but for peo- I salute the ‘‘Monuments Men and Women,’’ Thursday, June 7, 2007 ple of all nations to acknowledge and uphold. who by their example provide further proof of Mr. BACA. Madam Speaker, I stand here In 1943, the United States Government es- why we call theirs the ‘‘Greatest Generation.’’ today to commemorate a significant milestone tablished the American Commission for the f and to commend the leadership of the Labor- Protection and Salvage of Artistic and Historic MENTAL HEALTH CARE FOR OUR ers International Union of North America, Monuments in War Areas to promote and co- WOUNDED WARRIORS ACT OF 2007 LIUNA, Local 777 and its International Union, ordinate the protection and salvage of works for their unyielding dedication to fight for the of art and cultural and historical monuments HON. SUSAN A. DAVIS rights of working Americans. and records in countries occupied by Allied ar- OF CALIFORNIA This year marks the 10th anniversary of the mies during World War II. The chairman of the IN THE HOUSE OF REPRESENTATIVES county workers in Riverside County joining Commission was Supreme Court Associate LIUNA Local 777. Justice Owen J. Roberts. Thursday, June 7, 2007 Thanks to the profound efforts and devotion In connection with the establishment of the Mrs. DAVIS of California. Madam Speaker, of the original organizing committee and sub- Roberts Commission, the Monuments, Fine I rise today to introduce the Mental Health

VerDate Aug 31 2005 06:13 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~3\2007NE~2\E11JN7.REC E11JN7 mmaher on PROD1PC70 with CONG-REC-ONLINE E1242 CONGRESSIONAL RECORD — Extensions of Remarks June 11, 2007 Care for Our Wounded Warriors Act of 2007. to serve 3 consecutive years as president of Housing Finance Reform Act, I would have This important legislation will address the sig- the Huntsville Symphony Orchestra Board of voted ‘‘yes.’’ nificant mental health care issues faced by our Directors. Under his leadership, the Von Braun Had I been present for rollcall 389, the brave service men and women. Center, a world-class concert hall and enter- Brady Amendment to H.R. 1427, the Federal According to recent reports from the Gov- tainment center, was constructed. For more Housing Finance Reform Act, I would have ernment Accountability Office, 22 percent of than 25 years, the Von Braun Center has voted ‘‘no.’’ returning OEF/OIF service members were re- hosted numerous internationally acclaimed Had I been present for rollcall 390, the Price ferred for further mental health evaluations for musical performances and events. (GA) Amendment No. 9 to H.R. 1427, the post-traumatic stress disorder (PTSD) and an Mr. Kling also served as a member of the Federal Housing Finance Reform Act, I would estimated one in six service members will re- first Huntsville-Madison County Airport Author- have voted ‘‘no.’’ ceive a diagnosis of PTSD. ity. During his time with the authority, he Had I been present for rollcall 391, the Doo- As a member of the Armed Services Per- played an influential role in the establishment little Amendment to H.R. 1427, the Federal sonnel Subcommittee, I have been working of the Huntsville International Airport. This air- Housing Finance Reform Act, I would have hard to understand how mental health issues, port has since become an economic engine voted ‘‘yes.’’ especially PTSD, are affecting our service for north Alabama and it continues to support Had I been present for rollcall 392, the men and women. We know that PTSD and our region’s remarkable growth. Hensarling Amendment No. 30 to H.R. 1427, TBI are the signature injuries of this war. Madam Speaker, Mr. Kling passed away in the Federal Housing Finance Reform Act, I Unfortunately, the DoD has neither the facili- November 2006. He was a successful busi- would have voted ‘‘no.’’ ties nor the personnel to meet the needs of re- nessman, humanitarian, and civic leader. His Had I been present for rollcall 393, the turning service members with mental health willingness to help others and dedication to his Neugebauer Amendment to H.R. 1427, the care diagnoses. We have no research clear- community is an inspiration for all in north Ala- Federal Housing Finance Reform Act, I would inghouse to study and facilitate mental health bama and across the country to follow. I rise have voted ‘‘no.’’ services and develop effective mental health today to celebrate his life and honor his Had I been present for rollcall 394, the care policies. achievements, which continue to have a pro- Neugebauer Amendment No. 4 to H.R. 1427, The Mental Health for Our Wounded War- found impact on north Alabama today. the Federal Housing Finance Reform Act, I riors Act, a companion to legislation intro- f would have voted ‘‘no.’’ duced by Senator LIEBERMAN, will establish Had I been present for rollcall 395, on the Centers of Excellence within the DoD to re- PERSONAL EXPLANATION Motion to Recommit H.R. 1427, the Federal search strategies to prevent, identify and treat Housing Finance Reform Act, I would have combat related mental health injuries. HON. CHRISTOPHER SHAYS voted ‘‘no.’’ Equally as important, each center will seek OF CONNECTICUT Had I been present for rollcall 396, on final to develop strategies to counter the stigma IN THE HOUSE OF REPRESENTATIVES passage of H.R. 1427, the Federal Housing Finance Reform Act, I would have voted that surrounds PTSD and mental health in Thursday, June 7, 2007 general in the military. ‘‘yes.’’ The bill will also include language on treat- Mr. SHAYS. Madam Speaker, on May 17 Had I been present for rollcall 397, S. 214, ing mental health professionals who are ex- through May 22 I missed votes due to my I would have voted ‘‘yes.’’ posed to combat related stress, as well as being out of the country to conduct oversight Had I been present for rollcall 398, H.R. study the unique needs of female service of our operations in Iraq. 2264, the No Oil Producing and Exporting members serving in combat situations. Had I been present for rollcall 378, the Cartels Act, I would have voted ‘‘yes.’’ The military needs help dealing with this Bachus Amendment to H.R. 1427, the Federal Had I been present for rollcall 399, S. 1104, very complex issue. We cannot expect our Housing Finance Reform Act, I would have I would have voted ‘‘yes.’’ service members to go out and do the job voted ‘‘no.’’ Had I been present for rollcall 400, H.R. they do without providing adequate mental Had I been present for rollcall 379, the 2399, the Alien Smuggling and Terrorism Pre- health services we know they will need. Hensarling Amendment No. 29 to H.R. 1427, vention Act, I would have voted ‘‘yes.’’ The battle against combat-related mental the Federal Housing Finance Reform Act, I Had I been present for rollcall 401, H.R. health injuries will be an ongoing issue. It is would have voted ‘‘no.’’ 1722, the Leonard W. Herman Post Office, I our obligation to provide the resources nec- Had I been present for rollcall 380, the would have voted ‘‘yes.’’ essary to address the absence of a des- McHenry Amendment to H.R. 1427, the Fed- Had I been present for rollcall 402, a motion ignated center to study the mental health care eral Housing Finance Reform Act, I would to table H. Res. 428, I would have voted ‘‘no.’’ needs of service members and to provide a have voted ‘‘no.’’ f solution to the shortage of DoD mental health Had I been present for rollcall 381, the Kan- professionals. jorski Amendment to H.R. 1427, the Federal IN HONOR OF BIG BROTHERS BIG SISTERS OF SANTA CRUZ COUNTY f Housing Finance Reform Act, I would have voted ‘‘no.’’ TRIBUTE TO WILLIAM KLING, SR. Had I been present for rollcall 382, the HON. SAM FARR Roskam Amendment to H.R. 1427, the Fed- OF CALIFORNIA HON. ROBERT E. (BUD) CRAMER, JR. eral Housing Finance Reform Act, I would IN THE HOUSE OF REPRESENTATIVES have voted ‘‘no.’’ OF ALABAMA Thursday, June 7, 2007 IN THE HOUSE OF REPRESENTATIVES Had I been present for rollcall 383, the Gar- rett Amendment to H.R. 1427, the Federal Mr. FARR. Madam Speaker, I rise today to Thursday, June 7, 2007 Housing Finance Reform Act, I would have call attention to the 25th anniversary of Big Mr. CRAMER. Madam Speaker, I rise today voted ‘‘no.’’ Brothers Big Sisters of Santa Cruz County, to pay tribute and celebrate the life of Hunts- Had I been present for rollcall 384, H.R. founded in 1982. Big Brothers Big Sisters is ville businessman, Mr. William Kling, Sr. 698, the Industrial Bank Holding Company the oldest and largest youth mentoring organi- Madam Speaker, Mr. Kling and his wife Act, I would have voted ‘‘yes.’’ zation in the United States, and its Santa Cruz Margaret Anne ‘‘Peggy’’ Rothschild moved to Had I been present for rollcall 385, H.R. County chapter has served over 3,000 chil- Huntsville in 1950 and formed the Valley Pride 1425, the Staff Sergeant Marvin Rex Young dren in the last 25 years. Packing Company. Prior to his retirement in Post Office Building, I would have voted ‘‘yes.’’ For more than a quarter century this organi- 1966, Mr. Kling served as president of the Ala- Had I been present for rollcall 386, the zation has created and nurtured one-on-one bama Meat Packers Association and as a Feeney Amendment to H.R. 1427, the Federal mentoring relationships between children and member of the board of directors for the Ala- Housing Finance Reform Act, I would have carefully screened adult mentors. The shared bama Cattlemen’s Association and the Amer- voted ‘‘no.’’ experiences between a Big Brother or Big Sis- ican Meat Institute. Had I been present for rollcall 387, the Price ter and his or her Little Brother or Sister have In addition to his leadership in state and (GA) Amendment No. 8 to H.R. 1427, the a documented Positive outcome in the child’s local business communities, Mr. Kling shared Federal Housing Finance Reform Act, I would life. his kindness and vision to help nurture the cul- have voted ‘‘yes.’’ Research and anecdotal evidence show that tural development of our region. After his re- Had I been present for rollcall 388, the Ses- Little Brothers and Sisters are less likely to do tirement, Mr. Kling became the first individual sions Amendment to H.R. 1427, the Federal drugs, drink alcohol, skip school, or engage in

VerDate Aug 31 2005 06:13 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~3\2007NE~2\E11JN7.REC E11JN7 mmaher on PROD1PC70 with CONG-REC-ONLINE June 11, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E1243 acts of violence. They have greater self-es- Program, clinicians provide primary care Miguel County, 40 miles east of Las Vegas, teem, more success at school, and better rela- health services in HPSAs in exchange for NM, and 25 miles northwest of Conchas Dam tionships with their friends and family. funds for the repayment of their qualifying State Park. Roaming the canyons last year, I In their testimonials, Big Brothers and Big educational loans. These individuals are fully was struck by the ecological, scenic and rec- Sisters also report a positive impact on their trained and licensed primary health care clini- reational values of the area. Sabinoso over- life. They say that they find a sense of pur- cians dedicated to meeting the health care lays a thick section of colorful sedimentary pose and satisfaction by helping and men- needs of medically underserved communities. rocks, typical of desert rock formations toring a young child through the difficulties of Under the State Loan Repayment Program, throughout the West. The area’s scenic and growing up. They value their experiences as grants are made to States to operate their densely vegetated landscape is also home to highly as we value their service to the commu- own loan repayment programs. Primary care a rich diversity of wildlife, such as red-tailed nity. Thus, these relationships benefit every- health professionals who are providing a min- hawks, western scrub-jays, broad-tailed hum- one involved, including the mentor, the child, imum of 2 years of full-time clinical services in mingbirds, mule deer, bobcats, and gray the family, and the community. public or non-profit facilities located in HPSAs foxes. All of these natural resources will pro- Through its One-on-One Mentoring Program are eligible to apply for a loan repayment. The vide outstanding opportunities to hunt, hike, and After-School Enrichment and Mentoring State Loan Repayment Program is a collabo- horseback ride, take photographs, and simply Program, Big Brothers Big Sisters nurtures ration of Federal, State, and community ef- experience the unspoiled lands of our ances- children as they grow up both socially and forts. The Federal Government provides up to tors. academically. The After-School Enrichment 50 percent of the funds to make loan repay- During the 2007 session of the New Mexico program assists children in their academic life ment funds to primary health care profes- State Legislature, House Memorial 53, which by providing after-school tutoring in an array of sionals. The remaining 50 percent of the fund- calls on the New Mexico congressional dele- topics including math, science, and writing. ing comes from State and local community re- gation to support the establishment of the Additionally, the program brings in guest sources. Sabinoso Wilderness Area, was introduced by speakers to discuss issues involving aca- The District of Columbia has 13.8 percent State Representative Thomas Garcia and demic, social, and leadership development. underinsured residents compared to 15.7 per- passed unanimously by a vote of 66–0. I would like to thank the many volunteers cent of individuals that are uninsured across Unfortunately, this beautiful piece of land is and staff who give their time and commitment the country. Approximately 17 percent of non- currently inaccessible to the general public. to this wonderful program. Without their sup- elderly adults and l0.4 percent of children are Designating the area will help open it to every- port, this program would not have been able uninsured. one and provide access to all of these activi- to achieve the level of success it has over the Today, millions of Americans lack access to ties. Opening Sabinoso will also create impor- past 25 years. health insurance. In 2005, more than 46 mil- tant new economic development opportunities Madam Speaker, on this joyous and historic lion persons were uninsured for the entire for the surrounding communities. Madam occasion, it gives me great pleasure to year. There are several reasons for the lack of Speaker, I urge my colleagues to join me in present the congratulations of my colleagues health coverage for Americans among all unin- passing this legislation and creating the in the House to Big Brothers Big Sisters of sured persons under age 65, more than half Sabinoso Wilderness Area so that everyone Santa Cruz County. were underprivileged and 34 percent lacked will be able to experience its natural and f health coverage. unique beauty for generations to come. Improving the health care system is a huge f THE INTRODUCTION OF THE DIS- priority for Congress. The Institute of Medicine TRICT OF COLUMBIA LOAN RE- found that the insurance status of parents af- RECOGNITION OF ARNOLD ‘‘NUB’’ PAYMENT EQUITY TECHNICAL fects the amount of health care that their chil- PORTERFIELD AMENDMENT ACT OF 2007 dren receive. By amending the Public Health Service Act, this bill would provide eligibility to HON. NICK J. RAHALL II HON. ELEANOR HOLMES NORTON the District of Columbia for the State Loan Re- OF WEST VIRGINIA OF THE DISTRICT OF COLUMBIA payment Program. It is extremely important IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES that underserved populations have access to Thursday, June 7, 2007 Thursday, June 7, 2007 primary health services regardless of their low- income status. I urge my colleagues to sup- Mr. RAHALL. Madam Speaker, I rise today Ms. NORTON. Madam Speaker, today I in- port this important measure. to honor the memory of Arnold G. ‘‘Nub’’ troduce the ‘‘District of Columbia Loan Repay- f Porterfield of Bluefield, WV. Arnold was a spe- ment Equity Technical Amendment Act of cial and caring man whose commitment to his 2007.’’ This bill will ensure that undeserved SABINOSO WILDERNESS ACT OF community could only be rivaled by his com- communities in the District of Columbia have 2007 mitment to his family. He was a loving son, a access to adequate health care services in se- loving husband, brother, and uncle. He was, in lected health professional shortage areas, HON. TOM UDALL short, a loving man. HPSAs, identified by the Secretary of the De- OF NEW MEXICO Anyone who knew Arnold, or ‘‘Nub’’ as partment of Health and Human Services under IN THE HOUSE OF REPRESENTATIVES those closest to him referred to him, could not the State Loan Repayment Program, as Con- help but be touched by his generous and car- gress intended. This bill does not involve any Thursday, June 7, 2007 ing nature. He took a special interest in the new funds. It will make the District eligible to Mr. UDALL of New Mexico. Madam Speak- lives of others, and he often made those lives receive assistance through the Public Health er, I rise today to introduce the Sabinoso Wil- a part of his own. He had an uncanny ability Service Act grants system, as would already derness Act of 2007. New Mexico is filled with to connect with people, to make them feel be the case if the District had a matching pro- extraordinary landscapes and, as a represent- comfortable in his presence. He was a good gram. Until 2006 there was no matching pro- ative of this beautiful State, it is an honor to friend and a great man. gram in the District thus making it ineligible to work to conserve these scenic and historic Arnold was very dedicated to his country apply for assistance. This bill is revenue neu- areas for future generations. One of New and his community. He served in the U.S. Ma- tral. Adding the District of Columbia to this Mexico’s special places is the Sabinoso Wil- rine Corps and served with distinction in both program will not have any effect on federal derness Study Area. Last year, I had the op- World War II and the Korean war. He served funding because the District will be required to portunity to explore this unique area on horse- the city of Bluefield, WV as a postmaster, a compete for the Federal funds exactly as back. While traveling through deep canyons fireman, and as the chief of police. His com- every other State competes for the grants. covered with indigenous trees such as pin˜on- mitment to his community exemplified the The State Loan Repayment Program, juniper, cottonwood, willow, and ponderosa motto of the Marine Corps, ‘‘semper fidelis’’, SLRP, was implemented in 1987 in response pine, it was evident that Sabinoso is an excep- always faithful. to Section 3381 of the Public Health Service tional setting that deserves to be protected After retiring from this distinguished career, Act, which authorizes the Secretary, U.S. De- and accessible to all. That is why I am intro- Nub dedicated his life to spreading his love of partment of Health and Human Services to ducing legislation to designate as wilderness books and opened the Appalachian Bookstore make grants to States to help recruit and re- the lands in and near the Sabinoso WSA. in Bluefield. He was a man who loved to read tain primary health care professionals in The Sabinoso WSA comprises approxi- and had a deep desire to share that passion HPSAs. Under the State Loan Repayment mately 20,000 acres and is situated in San with others. When Nub decided to retire, he

VerDate Aug 31 2005 06:13 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~3\2007NE~2\E11JN7.REC E11JN7 mmaher on PROD1PC70 with CONG-REC-ONLINE E1244 CONGRESSIONAL RECORD — Extensions of Remarks June 11, 2007 donated the contents of his bookstore, an esti- HONORING THE SERVICE OF THE JUBILEE ACT OF 2007 mated 40,000 volumes, to a very grateful Con- ARTHUR C. NERIANI cord College Foundation. HON. MAXINE WATERS Madam Speaker, in closing, I want to ask HON. CHRISTOPHER S. MURPHY OF CALIFORNIA this great body to reflect for a moment to IN THE HOUSE OF REPRESENTATIVES OF CONNECTICUT honor the life of a great man, faithful husband Thursday, June 7, 2007 and father, and an honorable American. As IN THE HOUSE OF REPRESENTATIVES Ms. WATERS. Madam Speaker, I am proud the Lord called his servant home; his gen- Thursday, June 7, 2007 erosity, compassion, and commitment to his to introduce the Jubilee Act for Responsible community will live on forever in the memories Mr. MURPHY of Connecticut. Madam Lending and Expanded Debt Cancellation of of all who had the high honor knowing Arnold Speaker, as we celebrate the 63rd anniversary 2007. This bill will expand existing debt can- ‘‘Nub’’ Porterfield. of the D-Day invasion, I rise today to honor cellation programs for the world’s poorest the service and valor of all veterans, and es- countries and ensure that the benefits from f pecially the contributions of Arthur Neriani, debt cancellation will not be eroded by future who served bravely in World War II. lending to these impoverished nations. TRIBUTE TO THE 440TH AIRLIFT The son of two Italian immigrants, Arthur Existing debt cancellation programs have WING BASED IN MILWAUKEE, Neriani grew up in Avon, CT, when Avon was freed up resources to reduce poverty in some WISCONSIN still considered a farm town. As a young man, of the world’s poorest countries. Cameroon is Art spent much of his time with a group of 15 using its savings of $29.8 million from debt HON. GWEN MOORE boys from the same neighborhood. Organized cancellation in 2006 for national poverty re- by Gildo Consolini, the boys played softball on duction priorities, including infrastructure, so- OF WISCONSIN a local team called the Avon Tigers. Bonded cial sector and governance reforms. Uganda is IN THE HOUSE OF REPRESENTATIVES through friendship and love of country, 14 of using its savings of $57.9 million on improving energy infrastructure to ease acute electricity Thursday, June 7, 2007 these young men went on to serve their coun- try during World War II. shortages, as well as primary education, ma- Ms. MOORE of Wisconsin. Madam Speak- At the age of 21, Art’s name was at the top laria control, healthcare, and water infrastruc- er, I rise today to recognize the 440th Airlift of the list at the Draft Board 2B in Unionville. ture. Zambia is using its savings of $23.8 mil- Wing’s long and distinguished history. It was As the first from the Farmington Valley to be lion to increase spending on agricultural formed in 1943 at Baer Field in Indiana, but drafted, Art’s unique status was covered in the projects and to eliminate fees for healthcare in has been based at General Mitchell Inter- Hartford Courant. In 1940, Art joined the Na- rural areas. However, there are many needy national Airport—Air Reserve Station located tional Guard, Company M, 169th Regiment, and deserving poor countries that have yet to in the Fourth Congressional District, since 43rd Division in New Britain. In 1941, the divi- benefit from the cancellation of their debts. The Jubilee Act will make 67 of the world’s 1957. The airport and Air Reserve Station are sion was federalized and sent to train in Camp poorest countries eligible for complete debt both named in honor of Brig. Gen. William Blanding in Starke, FL. After his year of serv- cancellation by the United States, the World Mitchell, the Milwaukeean who is considered ice was almost complete on December 7, Bank, the International Monetary Fund (IMF), the ‘‘father’’ of the modern Air Force. 1941, it was soon made clear he was not and other bilateral and multilateral creditors. In After moving to Milwaukee, the 440th Troop going home. Soon after Pearl Harbor, all of order to receive debt cancellation, the govern- Carrier Group became the 440th Airlift Wing the soldiers at Camp Blanding were asked to ments of these countries will be required to al- and in 1967, underwent another name change sign up for Officer Candidate School. It was locate the savings from debt cancellation to- becoming the Reserve Tactical Airlift Wing. not Corporal Neriani, but rather a friend, who wards spending on poverty-reduction pro- The 440th has received many honors includ- signed Art’s name in for consideration. Of the grams. They will also have to engage inter- ing: the Air Force Association’s Outstanding 26 candidates who stepped forward, only 2 ested parties within their societies, including a Reserve Unit during 1963, 1964, 1966 and were accepted—one of which was Art Neriani. broad cross-section of civil society groups, in 1968; the Republic of Vietnam Gallantry Cross After completion of candidate school, Art ar- the spending allocation process; produce an with Palm, 1968: 14 Feb—11 Mar for airlift op- rived on the beaches of Normandy as the 2nd annual report on this spending; and make it erations to the Vietnam Theater; the Air Force Lieutenant of the 8th Infantry Division on July publicly available. Outstanding Unit Award for the period Oct 4, 1944, referred to as D plus 28 (28 days Countries would be excluded from receiving 1985—30 Sep 1987; the Air Force Out- after D-Day). debt cancellation under the Jubilee Act if they standing Unit Award for the period 2 Oct In 1945, after the gruesome battle in have an excessive level of military expendi- 1992—2 Oct 1993; the Air Force Outstanding Huertgen Forest, Germany, Officer Neriani re- tures; provide support for acts of international Unit Award for the period 1 Jun 1997—30 Sep ceived a battlefield promotion from 2nd Lieu- terrorism; fail to cooperate on international 1998; and in 1998 received the highest score tenant to 1st Lieutenant. When he was award- narcotics control matters; or engage in a con- for a Reserve Unit in two years. In 1989, the ed the Bronze Star medal for his leadership sistent pattern of human rights violations. 440th was equipped with eight new C–130s. and courage in battle he refused it. He felt he Countries also would be excluded if they lack The first C–130H was dubbed ‘‘The Spirit of had not earned the decoration. To him, this transparent and effective budget execution Wisconsin.’’ type of honor and recognition was better and public financial management systems to The 440th has performed admirably in vir- served in honoring the other men—the ones ensure that the savings from debt cancellation tually every US combat theater and tactical who paid the greatest sacrifice with their lives. would be spent on reducing poverty. operation including: the Cuban Missile Crisis; 1st Lt. Neriani battled through Europe, liber- The Jubilee Act will establish a framework Vietnam Conflict; Operation Desert Storm and ated German and Polish political prisoners for responsible lending in order to preserve Desert Shield in the Persian Gulf States; and from Nazi concentration camps, and reached the benefits that debt cancellation has pro- was the first wing unit to deploy members on the end of the war when meeting with Russian vided to poor countries and their people. The Anti-Terror Operations after the September 11, allies in May 1945. Of the 14 servicemen from Jubilee Act requires the United States Sec- 2001 assault on America. In fact, ‘‘The Flying Avon that were sent to war, all but one re- retary of the Treasury to take action to end the Badgers’’ have been constantly available to turned home—Gildo Consolini. It is in honor of predatory practices of ‘‘vulture funds,’’ private provide airlift support, superb aircraft mainte- him that the Avon’s Veterans of Foreign War investment funds that buy up the debts of poor nance and security training and support. Post is named. countries at reduced prices just before these In 2006 the Base Realignment and Closure A man of honor and courage, Captain countries receive debt cancellation and then Commission (BRAC) ordered the 440th to be Neriani saw many battles, lost friends and sue these countries to recover the original reassigned to Pope Air Force Base in North brothers, and was one of many to bring free- value of the debts plus interest. Finally, the Carolina. Flight operations in Milwaukee will dom to Europe. We owe our veterans, those Jubilee Act will require the Secretary of the end in June, 2007 and will resume at the here and now gone, this country’s greatest Treasury to develop and promote policies to Wing’s new location at Pope AFB. debt of gratitude. I call on my colleagues to prevent bilateral, multilateral and private credi- Madam Speaker, for these reasons, I am join me in paying tribute to men like Art tors from eroding the benefits of debt cancella- honored to pay tribute to the 440th for their Neriani—to the dedicated men and women in tion through irresponsible or exploitive lending. stellar performance, dedication and service to our military our proudly serve this Nation and The Jubilee Act will expand debt cancella- my district and to the nation. protect our freedom. tion to all needy and deserving poor countries

VerDate Aug 31 2005 06:13 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~3\2007NE~2\E11JN7.REC E11JN7 mmaher on PROD1PC70 with CONG-REC-ONLINE June 11, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E1245 and preserve the benefits that debt cancella- Not only was Buzz an extraordinary teacher and, in particular, Chairman Bart Gordon tion has provided to impoverished people and coach, but he was also an involved figure and Congressman McNerney for their work worldwide. I urge all of my colleagues to sup- in the community. He was an active member in organizing this Nobel Laureate Luncheon as well as the House Resolution honoring our port this important legislation to reduce pov- of the Diogenes Club, the Knights of the Vine, distinguished guests. I also want to thank erty through much needed debt cancellation and the local International Club of Carmel. the Science Coalition for their assistance in reforms. Serving as a volunteer for the Carmel High- coordinating this program and all of the ac- f lands Fire Dept. was just another hobby of tivities our Nobel Laureates are partici- Buzz’s and he was later appointed to their pating in today. PERSONAL EXPLANATION Board of Directors. You know, if you work in this building However, Buzz’s greatest gift and passion in long enough you come in contact with some HON. RUSH D. HOLT life was his love for literature. He composed very impressive people; world leaders, movie hundreds of poems and recited them to his actors, artists, authors and every kind of ce- OF NEW JERSEY lebrity. many friends. A great accomplishment of IN THE HOUSE OF REPRESENTATIVES Well, I’ve now worked in this building for Buzz’s was having one of his beautiful poems more than half my life—fourteen years as an Thursday, June 7, 2007 published in a book illustrated by Eldon aide to the late Congressman Joe Moakley Mr. HOLT. Madam Speaker, because I was Dedini. He had been writing two books as and ten years as a member of Congress my- voting in elections in the State of New Jersey well. One of the books was about the joy he self—and I’m here to tell you that few people received from being a teacher; inspired from have impressed me more than Dr. Craig I was not in attendance on June 5th. Had I Mello. That’s not just because he is my con- been in attendance, I would have voted ‘‘yea’’ hundreds of letters he’s received from past students describing the impact he’s made on stituent and works at the finest medical on rollcall No. 426, ‘‘yea’’ on rollcall No. 427, school—public or private—in the world, the ‘‘yea’’ on rollcall No. 428, ‘‘yea’’ on rollcall No. them. University of Massachusetts Medical School 429, and ‘‘yea’’ on rollcall No. 430. Madam Speaker, Frederic ‘‘Buzz’’ Edward in my hometown of Worcester. It is also not Rainer lived a life that we can all be envious just because Craig Mello and I have so much f of. Through his admirable life, our community in common. We are both tall with full heads- IN HONOR OF FREDERIC ‘‘BUZZ’’ grew greater and stronger with every person of-hair as you can tell. Notwithstanding EDWARD RAINER that Buzz came in contact with. His love of these similarities, I am—in all seriousness— life, and of people, will be remembered by all. very proud to be here today to introduce and Buzz may no longer be with us but his mem- congratulate Dr. Mello for far less obvious HON. SAM FARR but much more important reasons. ory will carry on in all those whose lives that He and his colleague, Dr. Andrew Fire, OF CALIFORNIA Buzz touched. I am honored to have been have blown open a whole new field of bio- IN THE HOUSE OF REPRESENTATIVES able to have had him as my coach at Carmel medical research with their revolutionary Thursday, June 7, 2007 High School and to have known such an ex- discovery of RNA interference and the gene traordinary person. silencing process. Together, they have Mr. FARR. Madam Speaker, I rise today to brought renewed hope to millions of people f honor Frederic ‘‘Buzz’’ Edward Rainer, an ex- who are suffering from countless debilitating ceptional teacher and coach who passed TRIBUTE TO CRAIG C. MELLO, diseases and genetic disorders. The potential away May 11, 2007. Buzz lived his life to its PHD, 2006 NOBEL LAUREATE IN for new therapies for cancer, heart disease, fullest and fought with passion. I offer his wife PHYSIOLOGY OR MEDICINE and diabetes among several other diseases Barbara, sons Ted and Scott, and daughter has never been greater as a result of their ex- traordinary achievement. Grace, my sincerest condolences. HON. JAMES P. McGOVERN In fact, their research may one day even Buzz grew up in Claremont, CA, and grad- OF MASSACHUSETTS have the added benefit of helping one of Dr. uated from Claremont High School. He met IN THE HOUSE OF REPRESENTATIVES Mello’s own children who is diabetic. I can’t his wife of 54 years, Barbara, in the 6th grade even imagine how gratifying that must be and they were later married in 1952. Buzz at- Thursday, June 7, 2007 for Dr. Mello and it is surely a source of pride that extends even beyond the prestige tended the University of Southern California Mr. MCGOVERN. Madam Speaker, as the of winning a Nobel Prize. It is also a poign- where he earned a Bachelor’s Degree and House prepares today to vote on final pas- Master’s Degree in Education. He was active ant reminder for all us in public service sage of S.5, the Stem Cell Research En- about how deeply personal and incredibly in sports, especially track, where he set school hancement Act, I am again reminded of the important it is for this research to continue. records. After gaining his Master’s, Buzz and extraordinary contributions one of my constitu- You know, I’m not aware of any other Barbara moved to Carmel, CA, where Buzz ents has made to the life sciences. Dr. Craig Nobel Laureates in my congressional district began a long and passionate career as a C. Mello of Shrewsbury, Massachusetts won but that’s not to say it hasn’t been home to teacher and coach. Buzz taught at Carmel the 2006 Nobel Prize in the field of Physiology other distinguished figures in our nation’s High School for 33 devoted years and 8 years or Medicine for his revolutionary discovery of history. Horace Mann, widely regarded as at The York School in Monterey. He coached RNA interference and the gene silencing proc- the father of the American education sys- a range of sports at Carmel High including tem, served first in the Massachusetts Legis- ess. Earlier this year, the University of Massa- lature and later as a member of this House, football, track, basketball, and golf. chusetts Medical School honored its most fa- was born in Franklin, Massachusetts—in my Buzz’s teaching career was extensive and mous faculty member with a tribute that I was congressional district. was not confined to the Monterey Bay. In regretfully unable to attend. However, on May After serving in Congress, Horace Mann 1963 he took a one year sabbatical to Cam- 2 I had the distinct privilege of introducing Dr. ended his career as President of Antioch Col- bridge University in England and later in 1978 Mello at a luncheon for all of the 2006 Nobel lege and in his final valedictory address to he spent a year at the University of Edinburgh Laureates hosted by my colleagues and the the graduating class of 1859, he said this: in Scotland. Taking a 2-year leave of absence Science Coalition here in the Capitol. ‘‘Be ashamed to die until you have won some victory for Humanity.’’ from Carmel High School in 1967, Buzz taught It seems only fitting on this historic day in Well, Dr. Mello, there is no doubt that you English at the American Community School of the United States House of Representatives have scored a triumphant victory for all of Athens in Greece. His love for teaching was that I humbly submit for the RECORD my intro- Humanity. I am both humbled and inspired truly a gift and he was often caught saying ‘‘I duction of Dr. Mello at that recent program. I by what you have accomplished. And, I am never really worked a day in my life.’’ do this not only to highlight his achievement also deeply grateful for all that you’ve done He had a passion for using his gift of poetry but to also to emphasize the fact that this vi- since winning the Nobel Prize to support to motivate school spirit and its athletic teams. tally important research is being led by Amer- funding for public education in Shrewsbury, I remember, during my school years, Coach ica’s most brilliant, thoughtful and committed Massachusetts and elsewhere. Your gen- Rainer getting all the ‘‘jocks’’ in his class and scientists who are dedicated to improving the erosity and commitment to that cause is even further evidence that you are deserving turning them into English majors. He knew lives of all people everywhere. of the accolades you have rightly received. how to put passions to words, and meaning to CONGRESSMAN JAMES P. MCGOVERN— It is now my distinct pleasure to introduce learning, that no one ever forgot. He was a INTRODUCTION OF CRAIG C. MELLO, PHD. Dr. Craig Mello, the winner of the 2006 Nobel teacher who challenged students to think and Good afternoon. I want to begin by thank- Prize in Physiology or Medicine and to to commit their thoughts to action. ing all of my colleagues who are here today present him with this resolution.

VerDate Aug 31 2005 06:13 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00017 Fmt 0626 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\E11JN7.REC E11JN7 mmaher on PROD1PC70 with CONG-REC-ONLINE E1246 CONGRESSIONAL RECORD — Extensions of Remarks June 11, 2007 INTRODUCTION OF THE NORTH the outpouring of support that Texans have MENTORING AMERICA’S CHILDREN MAUI COASTAL PRESERVATION shown for our men and women in uniform. ACT OF 2007 ACT I salute our soldiers, their families, and the great Americans who have volunteered to HON. SUSAN A. DAVIS HON. MAZIE K. HIRONO honor them. Thank you for your dedicated OF CALIFORNIA OF HAWAII service to country. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Thursday, June 7, 2007 f Thursday, June 7, 2007 Mrs. DAVIS of California. Madam Speaker, Ms. HIRONO. Madam Speaker, I rise today 10,000 TRAINED BY 2010 ACT I rise today to introduce legislation strength- to introduce the North Maui Coastal Preserva- ening the link between high-quality mentoring tion Act of 2007, a bill directing the National SPEECH OF and public education in the United States. Park Service to study the suitability and feasi- The Mentoring America’s Children Act of bility of designating certain lands along the HON. SHEILA JACKSON-LEE 2007 will improve upon the current efforts to northern coast of Maui, between Sprecklesville OF TEXAS match high-quality and responsible mentors and Paia, as a unit of the National Park Sys- with children in need of a strong role model. IN THE HOUSE OF REPRESENTATIVES tem. In 2002, the U.S. Department of Education The citizens of Maui strongly support pres- Wednesday, June 6, 2007 began granting funding directly to community ervation of this coast, which provides impor- organizations and schools to establish or ex- tant open space and public beach areas. Ms. JACKSON-LEE of Texas. Mr. Speaker, pand mentoring opportunities. Since then, over Thousands of post cards in support of creating I rise in strong support of H. Res. 1467 the $200 million has been allocated contributing to a national park or national seashore along this ‘‘10,000 Trained by 2010 Act’’. This legislation a 20 percent increase in the number of chil- coast have been sent to me and to my prede- would authorize the appropriation of about dren benefiting from a mentor. cessor. $100 million over the 2008–2011 period for The Mentoring America’s Children Act sets This beautiful coastline is under significant the National Science Foundation to award out to expand and build upon this success. By development pressure. Its closeness to major grants to institutions of higher education for re- increasing the availability and quality of the population centers in Maui and its popularity search on innovative approaches to enhancing grants available through the Department of with both visitors and residents makes pro- healthcare informatics through hardware and Education, the mentoring program will reach tecting access a major concern. software solutions, as well as to conduct basic more children in need while enhancing quality. Supporters of this park have asked that it be research and improve undergraduate and The bill will also tie mentoring programs named after Congresswoman Patsy Takemoto graduate education in the study of information funding more closely with the important role Mink, a native of Maui who grew up in the systems. Higher educations facilities would mentors can play in improving a young per- Hamakua Poko/Paia area. While this bill, also be able to establish multidisciplinary cen- son’s academic standing and the learning en- which authorizes a study, does not direct what ters for Health and Medical Informatics Re- vironment. The legislation would broaden the the prospective national park would be named, search Centers. reach of mentoring to include a number of I would certainly support naming it after Patsy These research centers would be designed specific populations of young people who Mink, whose commitment to the people of the to train qualified healthcare personnel and pro- could benefit from a strong role model. island and state was without question. fessionals, as well as physicians, nurses, in- Finally, the legislation also authorizes the I urge my colleagues to join me in sup- formation technology specialists, medical ad- Department of Education to conduct high-qual- porting this bill. ministrators and social scientist. ity research into successful school-based f Ciborra (2002) defines the study of informa- mentoring programs. Through this research, tion systems as the study that ‘‘deals with the plus improved data collection and tracking, we RECOGNIZING D/FW INTER- deployment of information technology in orga- will better understand the impact of mentoring NATIONAL AIRPORT’S ‘‘WELCOME nizations, institutions, and society at large.’’ and can continue to refine program practices HOME A HERO’’ PROGRAM Today, information and information technology to best meet the needs of children. have become the fifth major resource avail- Mentoring is a critical element in a child’s HON. CHET EDWARDS able to executives for shaping an organization, social, cognitive and emotional development. OF TEXAS alongside people, money, material and ma- When it comes to education, a healthy rela- IN THE HOUSE OF REPRESENTATIVES chines tionship with a mentor plays a key role in im- Thursday, June 7, 2007 One of the benefits of H.R. 1467 the proving the learning environment for a young ‘‘10,000 Trained by 2010 Act’’ is that we will person. Students with a responsible mentor Mr. EDWARDS. Madam Speaker, I rise have better attendance and are more con- today to offer some well-deserved thanks to be able to stay ‘‘up to date’’ with other coun- tries and their technology. nected to their school, schoolwork, and teach- those involved in the ‘‘Welcome Home a ers. They perform better in school and are Most businesses have shifted from being Hero’’ program. These patriotic ambassadors more likely to graduate and go on to higher product oriented to knowledge oriented. This of good will volunteer at the Dallas-Fort Worth education. means that employers are now looking for International Airport to welcome home the It is an honor to introduce this legislation people who can compete in innovative, and brave service men and women who protect with a number of my colleagues on the House knowledge oriented businesses, rather than America abroad. Mentoring Caucus and others dedicated to the product oriented business. By funding this Act, As I travel through my district, constituents noble cause of mentoring. It was also an we are giving our youth a better knowledge ask me what they can do to show appreciation honor to work directly with the MENTOR/Na- about the field of information systems so that for the service and sacrifices of our military. tional Mentoring Partnership, Big Brothers Big they can have a greater chance on jobs and ‘‘Welcome Home A Hero’’ volunteers at the Sisters of America and the National Collabora- other opportunities in our country, rather than Dallas- Fort Worth International Airport are tion for Youth to develop this legislation. the employer having to go to foreign nations to great examples of how to give back to the Madam Speaker, I urge consideration of this look for help. We are also increasing the community and help our soldiers start their 2 legislation. amount of resources that we have available weeks of rest and recuperation at home on a f high note. Because of the compassion and here in the United States. good cheer of ‘‘Welcome Home A Hero’’ vol- We should make a conscious effort to get RECOGNIZING NINA TINARI unteers, our troops know that a grateful nation as many of our minority students and women honors their service and respects their sac- into the information systems career field as HON. PATRICK J. MURPHY rifice. You can’t put a price on that. possible. Although this is a highly populated OF PENNSYLVANIA On June 12, as the Defense Department field, there are not very many minorities hold- IN THE HOUSE OF REPRESENTATIVES marks the return of the 500,000th soldier ing these positions. It is not because they are home for R&R, it is fitting that D/FW Inter- incapable or lack the drive and determination Thursday, June 7, 2007 national Airport has been selected to host this to get the job done, but simply because they Mr. PATRICK J. MURPHY of Pennsylvania. celebration, precisely because of the success are not very educated about the options and Madam Speaker, I rise today to recognize the of the ‘‘Welcome Home a Hero’’ program and possibilities that are out there. achievements of Nina Tinari, who was recently

VerDate Aug 31 2005 06:13 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~3\2007NE~2\E11JN7.REC E11JN7 mmaher on PROD1PC70 with CONG-REC-ONLINE June 11, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E1247 selected by Women Making a Difference, Inc. rectly with patients with chronic diseases re- FIRST PRESBYTERIAN CHURCH OF as one of Philadelphia’s Next Generation of quiring ongoing medication and lifestyle MARQUETTE Women Leaders. changes. By implementing pharmacist-based Madam Speaker, Nina began her career in disease management services and education HON. BART STUPAK government as an intern in the Press Office of at these clinics, the USC Community Phar- OF MICHIGAN Mayor Martin O’Malley of Baltimore, Maryland. macy Group has demonstrated significant im- IN THE HOUSE OF REPRESENTATIVES Upon graduation from college, she worked as provements in health outcomes directly attrib- Thursday, June 7, 2007 a volunteer in the campaign office of Mayor uted to pharmacist interventions. Rendell who was running for Governor of Prior to the start of the project, none of the Mr. STUPAK. Madam Speaker, I rise to Pennsylvania. After his successful bid for Gov- eight clinics had a pharmacist available to pro- honor faithful people and an important historic ernor, she transferred to Harrisburg to serve vide pharmaceutical care to patients in the landmark in my district, the First Presbyterian as Assistant to the Executive Director of the clinic. Pharmacists have reduced drug costs at Church of Marquette, Michigan. For a century Inaugural Committee. the clinics by utilizing patient assistance pro- and a half, the First Presbyterian Church of Nina was then offered the position of Spe- grams and formulary products. The results Marquette has served as a place of worship cial Assistant in the Office of Public Liaison. were outstanding; patients with chronic condi- for the residents of Marquette and surrounding Soon thereafter, she became Deputy Director tions increased their use of appropriate medi- communities in Michigan’s Upper Peninsula of Scheduling and Advance in the Governor’s cations and improved control of their illnesses. (U.P.). Throughout its rich history, the church Office. She advanced to the position of Deputy Madam Speaker, I applaud USC for their and its congregation have served as an an- Press Secretary and Communications Man- commitment to improving health outcomes for chor to the community and offered important ager where she served as a liaison between low-income patients in Los Angeles. It is my social services to those in the area. State agencies and the Governor’s Office, hope that the recognition USC receives In October of 1855, a small group of people managed releases and press briefings, and through the Pinnacle Award will prompt other met and considered putting together an orga- pro actively promoted the policy agenda of communities to try similar successful interven- nization for a Presbyterian Society in Mar- Governor Rendell. tions. Together, through these types of efforts, quette. A month after this initial meeting, this Ms. Tinari has a B.A. in Communications we can improve the quality of life for millions small group purchased a piece of land on with a concentration in Public Relations from of underserved Americans in need of quality which to erect a church. Called the ‘‘Session Loyola College in Maryland, a Certificate in health care. House,’’ the building originally stood on the Non Profit Leadership and Management from f corner of Baraga Avenue and Fourth Street in the Fels Institute of Government—University of Marquette. In June of 1857, the original 18 Pennsylvania, and is presently a candidate for RECOGNIZING AND HONORING members of the Presbyterian Society called a a masters in Government Administration from NORMAN ROSENSHEIN, NA- meeting and elected its first elders. The Rev- the Fels Institute of Government—University of TIONAL COMMANDER OF THE erend Jonathan A. Woodruff was named the Pennsylvania. JEWISH WAR VETERANS OF THE first temporary pastor. During these early Madam Speaker, as the first woman Speak- UNITED STATES OF AMERICA years of the church, a Sunday School was er and someone who is extremely proud of started and common functions such as bap- her Italian heritage, I ask you and all of our HON. DEBBIE WASSERMAN SCHULTZ tisms and marriages were performed. colleagues to congratulate an up-and-coming OF FLORIDA By 1865, the size of the First Presbyterian leader. A woman who is working hard to blaze IN THE HOUSE OF REPRESENTATIVES Church’s congregation had increased dramati- cally and the congregation determined that a a trail for her generation—Nina Tinari. Thursday, June 7, 2007 f larger church was necessary. In 1867, a large Ms. WASSERMAN SCHULTZ. Madam brick and stone structure was erected on the COMMENDING THE UNIVERSITY OF Speaker, I would like to recognize and honor corner of Front and Bluff Streets in Marquette, SOUTHERN CALIFORNIA FOR Norman Rosenshein, Commander of the Jew- Michigan. In the summer of 1868, a horrific WINNING THE PINNACLE AWARD ish War Veterans of the United States of fire swept through the downtown area of Mar- America for his tireless efforts and dedication quette, destroying practically every building in HON. LUCILLE ROYBAL-ALLARD on behalf of America’s veterans. Jewish War the area. Nonetheless, the structure of the OF CALIFORNIA Veterans of the USA, is the oldest active vet- First Presbyterian Church survived and the IN THE HOUSE OF REPRESENTATIVES erans association in the United States, found- church was finished and dedicated in Novem- ed by civil war veterans in 1896. Today, the ber of 1868. Thursday, June 7, 2007 Jewish War Veterans of the USA is dedicated Sadly, this structure was destroyed in a sec- Ms. ROYBAL-ALLARD. Madam Speaker, I to those programs that support the needs of ond fire that occurred in 1931. Nonetheless, rise today to congratulate the University of our veterans’ community; combat anti-Semi- the congregation of the First Presbyterian Southern California School of Pharmacy, lo- tism and bigotry; support American youth Church remained united in their faith and con- cated in my Congressional district, on receiv- through scouting, scholarships and anti-drug tinued to hold services in various locations. ing the 2007 Pinnacle Award from the Amer- programs; and assist oppressed Jews world- Two faithful church members left a bequest, ican Pharmacists Association Foundation. This wide. allowing the church to be rebuilt in 1935. The national award celebrates innovators who Mr. Rosenshein served in the U.S. Army on 1935 structure exhibits the architecture of the have made significant contributions to improv- active duty from December 8, 1964 until De- English Gothic period and stained glass win- ing the quality of medication delivery for pa- cember 7, 1966. He joined the Jewish War dows inspired by 13th century churches. The tients and caregivers. Veterans of the United States of America in 1935 building still stands today. Los Angeles County is home to more than January 1970. Since 1970, he has been an Throughout its history, the church has pro- 2.7 million uninsured residents, many of whom active member of David Blick Post 63 of Eliza- vided not only a place to worship, but a valu- rely on their local health care clinic for needed beth, NJ. During that time Mr. Rosenshein has able center of social services to the entire health services. USC’s Community Pharmacy held all of the post offices until finally in Au- Marquette community. In the late 1970s, an Group earned this honor for their work to gust of 2006 when he was elected National adult day care center was started at the serve patients in eight safety-net clinics in un- Commander. church for elderly community members in derserved neighborhoods in Los Angeles, in- In addition to the Jewish War Veterans, Mr. rooms furnished to meet a variety of needs. cluding the JWCH Medical Clinic at the Rosenshein is active in his congregation, hav- The program remains active today and serves Weingart Center located in the heart of down- ing served as their Vice President. Because of approximately thirty people a week, providing town Los Angeles’ Skid Row. his expertise, Mr. Rosenshein was appointed vital services to some of the most vulnerable Recognizing that community pharmacists to the New Jersey Healthcare System Vet- members of the Marquette community. are often the most accessible health care pro- erans Stakeholder Advisory Group in 1995 The genesis of the adult day care center fessionals for many underserved patients, and presently serves on their committees. I stemmed from another valuable program at USC has trained pharmacists along with resi- applaud Mr. Rosenshein’s whole hearted com- the church, the ‘‘Lunch Bunch,’’ a social event dents and students to provide disease man- mitment to the Jewish War Veterans. He has at the church targeting elderly residents. Mem- agement services to high-risk patients, and proved himself a tenacious advocate and his bers of the congregation cook lunch and make has helped community clinics purchase lower- continuous contribution for their welfare and it available to anyone who wishes to attend, cost medication. USC pharmacists work di- wellbeing is truly commendable. primarily elderly members of the community.

VerDate Aug 31 2005 06:13 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~3\2007NE~2\E11JN7.REC E11JN7 mmaher on PROD1PC70 with CONG-REC-ONLINE E1248 CONGRESSIONAL RECORD — Extensions of Remarks June 11, 2007 One of the church’s newer programs, ‘‘Ste- HONORING THE ACCOMPLISH- At the same time, Minna has published a phen Ministry,’’ was brought to the church in MENTS OF ANDREA WATKINS newsletter sharing this information with her 1984. The program trains congregation mem- AND DENISS QUINTANILLA- students’ parents, to create a mutual under- bers in pastoral counseling. Individuals under- CERON standing and appreciation of their children’s going emotional stress due to bereavement or background, and helped her students organize divorce can seek a Stephen Ministry counselor HON. SCOTT GARRETT a recital showcasing their knowledge. and receive confidential one-on-one advice. In OF NEW JERSEY Madam Speaker, I applaud the important short, the program has enlisted members of IN THE HOUSE OF REPRESENTATIVES goals of Minna’s classes, and I am extremely the First Presbyterian Church of Marquette to proud of Minna’s dedication to volunteerism in counsel friends and neighbors during difficult Thursday, June 7, 2007 her community. She is a remarkable young times in their lives. Mr. GARRETT of New Jersey. Madam leader, and I hope my colleagues will join me By organizing and hosting panel discus- Speaker, I rise today to commend two out- in recognizing her accomplishments. sions, the church has also served as a forum standing seniors at Eastside High School in f where social problems in the community can Paterson, Andrea Watkins and Deniss Quintanilla-Ceron. These young people are HUMAN CLONING PROHIBITION be debated and discussed. In some cases, ACT these discussions have yielded important inno- this year’s recipients of the Nathan LeBron vative solutions. For example, one panel dis- Scholarship Fund for their commitment to their SPEECH OF education and to their futures. cussion resulted in the founding of the Medical HON. SHEILA JACKSON-LEE Care Access Coalition, a collaboration of phy- Eastside High School may sound familiar— OF TEXAS sicians and pharmacists throughout the area it is the school featured in the 1989 movie, IN THE HOUSE OF REPRESENTATIVES willing to offer free services to uninsured resi- Lean On Me. Many of the young men and dents in Marquette County. women who attend that school face a wide va- Wednesday, June 6, 2007 riety of challenges and must overcome much Ms. JACKSON-LEE of Texas. Mr. Speaker, Madam Speaker, on Saturday, the First to achieve their goals for a brighter future. The I rise in support of H.R. 2560 the ‘‘Human Presbyterian Church of Marquette will cele- LeBron scholarship is one way that the com- Cloning Prohibition Act.’’ This legislation pro- brate 150 years of dedicated service to the munity can demonstrate its support for their hibits human cloning, and it makes it unlawful Marquette community. The church and its con- endeavors. Both Andrea and Deniss possess for any person to ship, mail, transport, or re- gregation have been blessed with dedicated the brilliance of spirit that will turn this small ceive the product of human somatic cell nu- pastors who have demonstrated great vision in show of support into an extraordinary future. clear transfer technology knowing that it will building upon the teachings of Jesus Christ The scholarship is given in partnership with be used for human cloning. H.R. 2650 also and the principles found in the Bible to offer a the Michelle Mitzvah Group of Beth Haverim. makes it illegal for any person to initiate a place of worship as well as critical social serv- Both are named for people who exemplify per- pregnancy to facilitate human cloning. ices to their brothers and sisters of Marquette severance and love of life. Nathan LeBron County. I would ask that you, Madam Speak- Mr. Speaker, by a wide margin Americans was a cancer survivor. Michelle was a young believe that human cloning is wrong and im- er, and the entire U.S. House of Representa- girl he met before she succumbed to leu- tives join me in saluting the First Presbyterian moral. It is also highly inefficient. More than kemia. Nathan came from a troubled home, 90% of cloning attempts fail to produce viable Church and its faithful congregation upon its but with the love and support of Michelle’s fa- sesquicentennial celebration. offspring. In addition to low success rates, ther, Marc Appelbaum, he went on to graduate cloned animals tend to have compromised im- college, earn a masters at Harvard, and head mune system and higher rates of infections, f the IT operations at the Baseball Hall of tumors, and other disorders. Fame. The Mitzvah group seeks out opportu- Studies conducted in Japan show that RECOGNITION OF SPC JEREMIAH nities to make the community a better place, ‘‘JEREMY’’ DAVID COSTELLO cloned mice live in poor health and die early. with particular emphasis on brightening the About a third of the cloned calves born alive lives who really need it—much as Marc have died young, and many of them were ab- HON. JOHN SHIMKUS Appelbaum did for Nathan LeBron in his normally large. The American Medical Asso- youth. ciation (AMA) and the American Association OF ILLINOIS I commend the men and women who work for the Advancement of Science (AAAS) have with this scholarship fund and who make the IN THE HOUSE OF REPRESENTATIVES issued formal public statements advising social action mission of the Michelle Mitzvah against human reproductive cloning. Thursday, June 7, 2007 Group come to life. And, I commend Andrea Mr. Speaker, I support H.R. 2560 because and Deniss for their accomplishments. There it reinforces the views and values of the Amer- Mr. SHIMKUS. Madam Speaker, I rise today is little doubt that they, in turn, will do tremen- ican people. Human beings should be born, to recognize the life of Army Specialist Jeremy dous things to brighten the lives of others as not cloned. Bringing a child into this world Costello. Spc. Costello was a motor transport well. should be a consecrated act of grace; not a operator who was recently killed by an impro- f clinical or commercial enterprise. It is one vised explosive device while fighting for free- thing to conduct research to find life-saving dom in Iraq. RECOGNIZING MINNA ZHOU OF WOODBURY, MINNESOTA cures. It is quite another to try and create life Costello was a 22 year-old from Carlinville, in the laboratory. I support the former and op- Illinois who was assigned to 5th Battalion, pose the latter. 82nd Field Artillery Regiment, 4th Brigade, 1st HON. MICHELE BACHMANN For these reasons, I support H.R. 2560 and Cavalry Division out of Fort Bliss, TX. OF MINNESOTA urge all of my colleagues to join me in voting IN THE HOUSE OF REPRESENTATIVES Costello is survived by his 4-year old daugh- for its passage. ter of Alton. I am proud of the service this Thursday, June 7, 2007 f young man gave to our country and the serv- Mrs. BACHMANN. Madam Speaker, I rise RECOGNIZING BORDEN ice his fellow troops perform everyday. Not today to recognize Minna Zhou of Woodbury, enough can be said about Spc. Costello. Minnesota, who was recently chosen as a HON. Some of his awards and decorations speak to 2007 Young Woman of Distinction by the Girl OF MISSOURI what a great soldier and man he was; the Scouts of the United States of America. IN THE HOUSE OF REPRESENTATIVES Combat Action Badge and Driver and Me- Minna has proven herself to be an out- chanic Badge. It is troops like Costello that are standing young woman through her involve- Friday, June 8, 2007 risking their lives day in and day out to ensure ment in Girl Scouts, for which she has re- Mr. GRAVES. Madam Speaker, I rise today our freedom here at home and to others ceived their highest honor, the Gold Award. to join Borden as they celebrate their 150th throughout the rest of the world. My best wish- She has also become involved. in her com- anniversary. es go out to his family and all the troops fight- munity by developing and teaching biweekly For those who are not familiar with Borden, ing to ensure freedom and democracy. May classes to adopted Chinese children focusing it was founded in 1857 by Gail Borden and God bless him and may God continue to bless on Chinese language, culture, holidays, music was originally known as the New York Con- America. and dance. densed Milk Company. Borden invented the

VerDate Aug 31 2005 06:13 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~3\2007NE~2\E11JN7.REC E11JN7 mmaher on PROD1PC70 with CONG-REC-ONLINE June 11, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E1249 innovative process of condensing milk, allow- alties from $11,000 to $50,000 for violations ant senior patrol leader, assistant patrol lead- ing for the first time, milk to be kept pure and that cause death or serious injury; provide that er, patrol leader, quartermaster, and librarian. storable without refrigeration. This allowed for the penalty can be doubled when the violation Charles is also a member of the Tribe of Mic- milk to be safely distributed over long dis- causing death or serious injury is repeated or O-Say. Charles is also a Brotherhood member tances. Borden’s condensed milk played an in- willful; and provide that the $50,000 penalty of the Order of the Arrow. tricate role in sustaining the Union Army dur- can be assessed for each violation. For his Eagle Scout project, Charles re- ing the Civil War. This legislation does not make the imposi- moved weeds and debris and planted bushes Borden revolutionized the dairy industry tions of penalties mandatory—whether or not at a cemetery in Weatherby Lake, MO. again in 1900 with the ‘‘Dairyman’s Ten Com- to assess a penalty is still discretionary with Madam Speaker, I proudly ask you to join mandments,’’ which taught dairymen how to the Secretary of Labor—but it would provide me in commending Charles Crowe for his ac- better care for the cows and the milk they the Department of Labor with a much needed complishments with the Boy Scouts of Amer- produce. These methods formed the founda- enforcement tool to address the most serious ica and for his efforts put forth in achieving the tion for modern health regulations. child labor violations, deter repeat occurrences highest distinction of Eagle Scout. Borden’s lovable spokesman, Elsie the Cow, and further strengthen its enforcement of laws f was created in 1938 by David William Reid. that protect children. DALLAS/FORT WORTH INTER- Through appearances in magazines, news- There is much that must be done to NATIONAL AIRPORT’S ‘‘WELCOME papers and tours around the country Elsie strengthen our child labor laws, and this bill is HOME A HERO’’ PROGRAM gained popularity, rivaling Mickey Mouse, and the foundation for future action that I hope my she made her film debut in the classic Little Subcommittee on Workforce Protections of the SPEECH OF Men. Today, she ranks in the top 10 adver- Committee on Education and Labor will take tising icons of the 20th century. on these issues. HON. MICHAEL C. BURGESS OF TEXAS In 1995 Borden Inc. was sold to the invest- f ment firm of Kohlberg Kravis Roberts & Co. IN THE HOUSE OF REPRESENTATIVES Then, in 1997 the Borden brand and Elsie’s CHARLES T. ORTMAN FOR THE Wednesday, June 6, 2007 AWARD OF EAGLE SCOUT image were bought by Mid-America Dairymen Mr. BURGESS. Mr. Speaker, I rise today to Inc., which would eventually merge with other congratulate the Dallas/Fort Worth Inter- cooperatives to form Dairy Farmers of Amer- HON. SAM GRAVES national Airport for their role in sponsoring the ica. OF MISSOURI internationally recognized ‘‘Welcome Home a Madam Speaker, I proudly ask you to join IN THE HOUSE OF REPRESENTATIVES Hero’’ program. DFW has been selected by me in recognizing Borden on their 150th anni- Friday, June 8, 2007 the U.S. Military to host the celebration of the versary and their many accomplishments and success of this critical program for soldiers contributions to the dairy industry over the Mr. GRAVES. Madam Speaker, I proudly pause to recognize Charles T. Ortman, a very and their families. years. DFW’s ‘‘Welcome a Hero’’ program has special young man who has exemplified the f been praised as the premiere volunteer home- finest qualities of citizenship and leadership by coming program for soldiers returning from RECOGNIZING TYLER FREDERICK taking an active part in the Boy Scouts of Iraq, Afghanistan and Kuwait for much needed FOR ACHIEVING THE RANK OF America, Troop 1395, and by earning the most R&R with their families. EAGLE SCOUT prestigious award of Eagle Scout. On June 12, 2007, the 500,000th soldier to Charles has been very active with his troop, return home during Operation Iraqi Freedom participating in many Scout activities. Over the HON. SAM GRAVES for 2 weeks of Rest and Recuperation (R&R) years Charles has been involved in Scouting, OF MISSOURI will travel through DFW International Airport. IN THE HOUSE OF REPRESENTATIVES he has earned 28 merit badges and held nu- As a representative of part of the DFW Air- merous leadership positions, senior patrol Friday, June 8, 2007 port and a frequent traveler between DFW and leader, patrol leader, den chief, Order of the Washington Reagan, I am grateful that they Mr. GRAVES. Madam Speaker, I proudly Arrow representative, and instructor. Charles have taken to heart the mission of our brave pause to recognize Tyler Frederick, a very is also a member of the Tribe of Mic-O-Say. soldiers. I have participated in the ‘‘Welcome special young man who has exemplified the Charles is also a Brotherhood member of the Home a Hero’’ program, and I will always re- finest qualities of citizenship and leadership by Order of the Arrow. member the pride I felt and the thankfulness taking an active part in the Boy Scouts of For his Eagle Scout project, Charles poured I had for the dedication of those men and America, Troop 69, and in earning the most a concrete sidewalk around the side of Pine women to our country and freedom. prestigious award of Eagle Scout. Ridge Presbyterian Church. I extend my sincere congratulations the Dal- Tyler has been very active with his troop, Madam Speaker, I proudly ask you to join las/Fort Worth International Airport and their participating in many scout activities. Over the me in commending Charles T. Ortman for his success with the ‘‘Welcome Home a Hero’’ many years Tyler has been involved with accomplishments with the Boy Scouts of program. scouting, he has not only earned numerous America and for his efforts put forth in achiev- merit badges, but also the respect of his fam- ing the highest distinction of Eagle Scout. f ily, peers, and community. f ZACHERY R. BODE FOR THE Madam Speaker, I proudly ask you to join AWARD OF EAGLE SCOUT me in commending Tyler Frederick for his ac- CHARLES CROWE FOR THE AWARD complishments with the Boy Scouts of Amer- OF EAGLE SCOUT HON. SAM GRAVES ica and for his efforts put forth in achieving the OF MISSOURI highest distinction of Eagle Scout. HON. SAM GRAVES IN THE HOUSE OF REPRESENTATIVES OF MISSOURI f Friday, June 8, 2007 IN THE HOUSE OF REPRESENTATIVES THE CHILD LABOR PROTECTION Mr. GRAVES. Madam Speaker, I proudly ACT OF 2007 Friday, June 8, 2007 pause to recognize Zachery R. Bode, a very Mr. GRAVES. Madam Speaker, I proudly special young man who has exemplified the HON. LYNN C. WOOLSEY pause to recognize Charles Crowe, a very finest qualities of citizenship and leadership by OF CALIFORNIA special young man who has exemplified the taking an active part in the Boy Scouts of IN THE HOUSE OF REPRESENTATIVES finest qualities of citizenship and leadership by America, Troop 1395, and by earning the most taking an active part in the Boy Scouts of prestigious award of Eagle Scout. Friday, June 8, 2007 America, Troop 1395, and by earning the most Zachery has been very active with his troop, Ms. WOOLSEY. Madam Speaker, the Child prestigious award of Eagle Scout. participating in many scout activities. Over the Labor Protection Act of 2007 is a narrowly Charles has been very active with his troop, years Zachery has been involved in scouting, drafted bipartisan bill that amends the Fair participating in many Scout activities. Over the he has earned 32 merit badges and held nu- Labor Standards Act, FLSA, to increase civil years Charles has been involved in Scouting, merous leadership positions, serving as assist- penalties for those who violated child labor he has earned 33 merit badges and held nu- ant senior patrol leader, assistant patrol lead- provisions. Specifically, it would: Increase pen- merous leadership positions, serving as assist- er, patrol leader, and chaplains aide. Zachery

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IN THE HOUSE OF REPRESENTATIVES Madam Speaker, I proudly ask you to join Over its history, the town of Cicero has me in commending Zachery R. Bode for his changed drastically. From a small farming Monday, June 11, 2007 accomplishments with the Boy Scouts of community, Cicero has transformed into one Mr. DONNELLY. Madam Speaker, today I America and achieving the highest distinction of the fastest growing suburbs of the region. rise to honor the life of Roland Kelly, a 16- of Eagle Scout. It has been an honor for me to represent year member of the South Bend Common f the town of Cicero and its citizens for close to Council, World War II veteran, and beloved 20 years. The town of Cicero has provided the member of the community. Mr. Kelly lost his SEAN TYLER COWDEN FOR THE Central New York region with a prime example battle with a strep infection on May 26, 2007. AWARD OF EAGLE SCOUT of a successful township filled with great peo- Born and raised in Port Chester, New York, ple. The residents of the town of Cicero Mr. Kelly enlisted in the United States Navy at HON. SAM GRAVES should be proud of their rich heritage. I con- age 17 to serve in WWII. He graduated from OF MISSOURI gratulate them as they celebrate their first 200 the University of Notre Dame in 1950 and re- IN THE HOUSE OF REPRESENTATIVES years, and wish them nothing but the best for mained in South Bend to work in broadcasting next 200 more. until 1972. At WSBT–TV, Mr. Kelly served as Friday, June 8, 2007 f the news anchor and the news director. Mr. GRAVES. Madam Speaker, I proudly Though a natural in front of the camera, Mr. RECOGNIZING SHANE DARWIN pause to recognize Sean Tyler Cowden, a Kelly began a new career at the local bank POPE II FOR ACHIEVING THE very special young man who has exemplified where he served as the Vice President and RANK OF EAGLE SCOUT the finest qualities of citizenship and leader- Director of Marketing, and he would retire as ship by taking an active part in the Boy Scouts the Director of Business Development. of America, Troop 1395, and by earning the HON. SAM GRAVES Throughout his life, he dedicated himself to most prestigious award of Eagle Scout. OF MISSOURI bettering the community through volunteering Sean has been very active with his troop, IN THE HOUSE OF REPRESENTATIVES and mentoring. participating in many scout activities. Over the Friday, June 8, 2007 Mr. Kelly was a member of many boards years Sean has been involved in scouting, he Mr. GRAVES. Madam Speaker, I proudly and committees, but most notably he sat on has earned 29 merit badges and held numer- pause to recognize Shane Darwin Pope II, a the South Bend Common Council as Vice- ous leadership positions, serving as assistant very special young man who has exemplified President until his death. Described as the patrol leader, patrol leader, den chief, and his- the finest qualities of citizenship and leader- ‘‘peacemaker’’ by fellow council members, he torian. Sean is also a member of the Tribe of ship by taking an active part in the Boy Scouts sponsored an anti-gun ordinance in 1991 and Mic-O-Say and Brotherhood member of the of America, Troop 946, and in earning the was instrumental in including gay, lesbian, bi- Order of the Arrow. most prestigious award of Eagle Scout. sexual, and transgender people in anti-dis- For his Eagle Scout project, Sean painted Shane has been very active with his troop, crimination laws. Mr. Kelly was also influential house numbers on the street of a local hous- participating in many scout activities. Over the in revamping a tax abatement ordinance which ing division. many years Shane has been involved with has fostered millions of dollars of new invest- Madam Speaker, I proudly ask you to join scouting, he has not only earned numerous ment in our community. Committees he sat on me in commending Sean Tyler Cowden for his merit badges, but also the respect of his fam- included the Information and Technology com- accomplishments with the Boy Scouts of ily, peers, and community. mittee and the Community and Economic De- America and for his efforts put forth in achiev- Madam Speaker, I proudly ask you to join velopment committee, and he was chairperson ing the highest distinction of Eagle Scout. me in commending Shane Darwin Pope II for of the Community Relations committee. For f his accomplishments with the Boy Scouts of his dedication to the community, Mr. Kelly was inducted into the South Bend Community Hall 200TH ANNIVERSARY OF THE America and for his efforts put forth in achiev- of Fame in 2001. TOWN OF CICERO, NEW YORK ing the highest distinction of Eagle Scout. Our community has lost a beloved family f member, generous friend, devoted father, dot- HON. JAMES T. WALSH RECOGNIZING WILLIAM PAYNE ing grandfather, and Notre Dame’s most en- OF NEW YORK FOR ACHIEVING THE RANK OF thusiastic fan. He was described as a ‘‘ham at IN THE HOUSE OF REPRESENTATIVES EAGLE SCOUT heart’’ and was often seen performing in the- Friday, June 8, 2007 atre and music groups. Off-stage, Mr. Kelly HON. SAM GRAVES never missed an opportunity to share a witty Mr. WALSH of New York. Madam Speaker, OF MISSOURI story. I rise today in recognition of the town of Cic- IN THE HOUSE OF REPRESENTATIVES Mr. Kelly leaves behind three children, ero’s 200th anniversary. Located on the south- seven grandchildren, a great-grandson, and Friday, June 8, 2007 ern shore of Oneida Lake, the town of Cicero countless friends. His ever-present energy and serves as a northern suburb of metropolitan Mr. GRAVES. Madam Speaker, I proudly humor will be dearly missed. It is with great Syracuse. The town was named after the pause to recognize William Payne, a very spe- pride that I celebrate the life and service of great Roman orator Marcus Tullius Cicero. cial young man who has exemplified the finest Roland Kelly. The town of Cicero was one of the town- qualities of citizenship and leadership by tak- f ships of the former Central New York Military ing an active part in the Boy Scouts of Amer- Tract. The CNY Military Tract was land re- ica, Troop 75, and in earning the most pres- HONORING THE MERCURY 13 served for soldiers who served in the Amer- tigious award of Eagle Scout. WOMEN ican Revolution. Cicero became a part of the William has been very active with his troop, town of Lysander when Onondaga County participating in many scout activities. Over the SPEECH OF was formed in 1794. The town of Cicero split many years William has been involved with HON. SHEILA JACKSON-LEE from the town of Lysander in 1807. The town scouting, he has not only earned numerous OF TEXAS of Cicero also included the town of Clay until merit badges, but also the respect of his fam- IN THE HOUSE OF REPRESENTATIVES 1827 when the township was divided. ily, peers, and community. The town contains a rich history on involve- Madam Speaker, I proudly ask you to join Wednesday, June 6, 2007 ment within Central New York. The town of me in commending William Payne for his ac- Ms. JACKSON-LEE of Texas. Mr. Speaker, Cicero was crucial to the building of the Erie complishments with the Boy Scouts of Amer- I rise in support of H. Res. 421, to honor the Canal. The construction of the canal brought ica and for his efforts put forth in achieving the trailblazing accomplishments of the ‘‘Mercury many settlers into the town, expanding its highest distinction of Eagle Scout. 13’’ women, whose efforts in the early 1960s

VerDate Aug 31 2005 06:13 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00022 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~3\2007NE~2\E11JN7.REC E11JN7 mmaher on PROD1PC70 with CONG-REC-ONLINE June 11, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E1251 demonstrated the capabilities of American to the community, and enhance the impor- Colonel Rutland received his undergraduate women to undertake the human exploration of tance of the facility as an instrument of na- pilot training at the Columbus Air Force Base space. tional security.’’ in 1973. From 1977 until the present, Colonel The 13 women who participated in this pro- The TRAFC meets monthly on base to re- Rutland has served in various areas of com- gram demonstrated the willingness and capa- ceive updates from the Commanders of the mand, including Air Training, Strategic Air bility that women all around the world, past 60th AMW, 349 AMW Reserve, and 615 CRW Command, and Air Mobility Command, at six and present, possess, and in many cases and to recognize airmen from the various different Air Force Bases within the United must possess to overcome an indictment of wings for going ‘‘above and beyond’’ in their States. Most recently, Colonel Rutland served sexism and discrimination that our society service. in Iraq as the commander of the 447th Air Ex- often presents. Although their participation in In addition, the TRAFC hosts various events peditionary Group at Sather Air Base. these tests and trials yielded no concrete re- throughout the year to bring the communities Ronald has served as a distinguished mem- sults, the 13 women trailblazers ought to be surrounding the base and base personnel ber of the United States Air Force for 34 years recognized for having endured and overcome closer together. Events include the Military and has been honored on several occasions such grueling physical, medical and psycho- Recognition Night, NCO Night, and Com- for his service. He has received countless logical astronautical fitness examinations. mander’s Night. The TRAFC also hosts a awards such as the Legion of Merit, the These 13 women—Jerri Cobb, Wally Funk, Contractor’s Breakfast to educate businesses Bronze Star, the Global War on Terrorism Irene Leverton, Myrtle ‘‘K’’ Cagle, Jane B. about bidding for contracts on base. Service Medal, and the Air Force Longevity Hart, Gene Nora Stumbough (Jessen), Jerri Moreover, the TRAFC was instrumental in Service Award with six oak leaf clusters. Sloan (Truhill), Rhea Hurrle (Woltman), Sarah working with the local community to ensure I join with the people of Delaware to thank Gorelick (Ratley), Bernice ‘‘B’’ Trimble Stead- the Base Realignment and Closure Panel un- Colonel Rutland for his continued dedication to man, Jan Dietrich, and the late Marlon Dietrich derstood the vital role of Travis AFB in secur- the Air Force. He has served in a role that can and Jean Hixson—all surpassed society’s ex- ing the Nation. be difficult at times, but is a necessity to the pectations of rejections, by proving that al- A great deal of the TRAFC’s success is due security of our Nation. I commend him for a though women are typically smaller and lighter in part to the leadership of the Fairfield-Suisun life of service and thank him for his tireless than men, women are still fit to be good occu- and Vacaville Chambers of Commerce and dedication to Delaware and the United States pants in cramped space vehicles. These the Committee’s own leadership. Past Presi- of America. women attempted the dream that many others dents include Don Erickson, 1997–1998, Bev f only dreamed of—flying the newest and the Dorsett, 1998–1999, Al Lavezzo, 1999–2000, fastest craft. Len Augustine, 2000–2001, Gary Falati, 2001– HONORING REV. RICHARD P. Mr. Speaker, though few Americans know 2002, Dale Baumler, 2002–2003, Ben Huber, OLDHAM the names of the 13 women trailblazers, their 2003–2004, Bud Ross, 2004–2005, Ray valiant attempts to earn the opportunity to fly Schoch, 2005–2006, and Foy McNaughton, HON. RON LEWIS a spacecraft call for worldwide recognition. Be- 2006–2007. OF KENTUCKY cause of the secrecy of the test programs, Over the years I have had the opportunity to IN THE HOUSE OF REPRESENTATIVES these women never received the recognition work with the TRAFC to support Travis AFB, for their accomplishments, which laid that crit- both locally and in Washington, and have had Monday, June 11, 2007 ical groundwork for women who have reached the opportunity to support their nomination as Mr. LEWIS of Kentucky. Madam Speaker, I and those who are seeking to reach the skies. the best base support organization in the Air rise today to pay tribute to Rev. Richard P. We can show our gratitude and appreciation Mobility Command. Oldham, an exemplary citizen and friend from for these women trailblazers by honoring them As the TRAFC celebrates their 10-year an- my Congressional District. Rev. Oldham will with the passing of this bill. niversary, I would like to thank current and celebrate his 50th anniversary this month as As a representative of the 18th Congres- past members of TRAFC for their dedication Pastor of Glendale Baptist Church in Bowling sional District of Texas, home to an integral to the men and women of Travis AFB and rec- Green, Kentucky. number of space exploration projects, centers, ognize them for their support of the base and A native of Louisville, KY, Rev. Oldham businesses, and constituents employed in the its vital mission. began his ministry at the First Baptist Church space industry, I strongly support legislation f in Savannah, TN while attending nearby Union that seeks to inspire, motivate and recognize University. He later earned an advanced de- those individuals who assist with the improve- IN HONOR OF COLONEL RONALD A. gree from the Southern Baptist Theological RUTLAND ment and advancement of space exploration. Seminary and served various churches in Mr. Speaker, I urge all of my colleagues to Kentucky, Michigan, and Arkansas. join me in supporting H. Res. 421 to honor the HON. MICHAEL N. CASTLE In 1957, he came back to Kentucky to be- trailblazing accomplishments of the 13 female OF DELAWARE come pastor of Glendale Baptist Church. Dur- pilots of Mercury 13. IN THE HOUSE OF REPRESENTATIVES ing his five decades of spiritual leadership, f over 250 young men and women have gone Monday, June 11, 2007 on to serve in the pastorate and in other mis- RECOGNIZING THE TRAVIS RE- Mr. CASTLE. Madam Speaker, it is with sion assignments all over the world. He has GIONAL ARMED FORCES COM- great pleasure that I rise today to recognize also presided over an estimated 4,000 bap- MITTEE ON THE OCCASION OF tisms. THEIR 10-YEAR ANNIVERSARY the accomplishments and career of Colonel Ronald A. Rutland. Colonel Rutland is the Rev. Oldham has remained very active in commander of the 512th Airlift Wing at the the Glendale community throughout his tenure HON. ELLEN O. TAUSCHER Dover Air Force Base. Colonel Rutland is a including over 30 years as director of the An- OF CALIFORNIA distinguished member of the Reserves Offi- nual Youth Bible Conference at Camp Joy; nu- IN THE HOUSE OF REPRESENTATIVES cers Association with more than 6,500 flying merous speaking roles at the annual Kentucky hours in training, airlift and tanker experience. Baptist Convention; and past service as Presi- Monday, June 11, 2007 I commend Colonel Rutland for his years of dent of the Kentucky Baptist Pastor’s Con- Mrs. TAUSCHER. Madam Speaker, I rise to public service defending our Nation. ference. Rev. Oldham is also the founder of recognize the Travis Regional Armed Forces Colonel Rutland received a Bachelor De- Anchored Christian School in Bowling Green. Committee (TRAFC) as they celebrate their gree of Political Science at Mississippi State It is my great privilege to honor Rev. Rich- 10-year anniversary. University in 1973, and in 1977 attended the ard P. Oldham today before the entire U.S. The TRAFC is comprised of over 150 busi- Squadron Officer School at Maxwell Air Force House of Representatives for his dedicated ness and civic leaders who work together to Base in Alabama. Colonel Rutland’s passion service to the spiritual needs of members of support the men and women of Travis Air for learning never subsided, and in 1988, he the Baptist faith and the Warren County com- Force Base. The mission of the TRAFC is to went back to school to receive his Masters of munity at large. He is an outstanding citizen ‘‘maintain liaison with personnel at Travis Air Aeronautical Science at Embry-Riddle Univer- worthy of our collective honor and apprecia- Force Base, promote the mission of the base sity. tion.

VerDate Aug 31 2005 06:13 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00023 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~3\2007NE~2\E11JN7.REC E11JN7 mmaher on PROD1PC70 with CONG-REC-ONLINE E1252 CONGRESSIONAL RECORD — Extensions of Remarks June 11, 2007 HONORING ASTRONAUT WALTER RECOGNIZING THE DEDICATION OF mation of a fire company. At the time, there MARTY SCHIRRA, AND EXPRESS- JOHNNY W. WELTON had been numerous fires which destroyed ING CONDOLENCES ON HIS PASS- properties before the already established fire ING HON. ELLEN O. TAUSCHER companies in Wilmington, New Castle and OF CALIFORNIA Newark could arrive and fight the blazes. After SPEECH OF IN THE HOUSE OF REPRESENTATIVES much discussion and debate, Lt. Governor John M. Mendinhall suggested to the 68 HON. SHEILA JACKSON-LEE Monday, June 11, 2007 founders that the company should be named OF TEXAS Mrs. TAUSCHER. Madam Speaker, I rise to IN THE HOUSE OF REPRESENTATIVES the Minquas Fire Company No. 1 commemo- recognize Johnny W. Welton, as he retires as rating a tribe of Native American Indians who Wednesday, June 6, 2007 the director of Contra Costa Special Education traded with early settlers along the Christiania Ms. JACKSON-LEE of Texas. Mr. Speaker, Local Plan Area (SELPA), after 40 years of River. I rise in support of H. Res. 446, to honor and serving students in special education. From its genesis, the Minquas Fire Com- recognize the life of astronaut Walter Marty Johnny W. Welton’s career in special edu- pany has taken great pride in providing volun- Schirra, and to express condolences on his cation encompasses 12 years as a classroom teer fire rescue and emergency medical serv- passing. Walter Marty Schirra passed away in teacher, 3 years as a resource teacher, 8 ices to the citizens of greater Newport. They La Jolla, CA, at the age of 84. years as a site and central office administrator began by purchasing property in the unit block The American community is sad to have lost and 16 years as the Director of the Contra of North James Street. Several extensions and one of its original space trailblazer—a true pio- Costa SELPA. expansions have taken place over the years neer in both innovation and discovery. In at- In his role as director of SELPA, Welton es- the most recent being the erection of an ultra tempting to place men in space, Schirra was tablished a Resource Parent Program, initiated modern facility in 2005. chosen to serve as one of the original Mercury Facilitation Skills training for staff IEP teams, Minquas’ first President Howard P. Weldin 7 astronauts for Project Mercury. Serving as and introduced Solutions Panel mediation and Chief Thomas Bullen oversaw the original an astronaut and naval officer, Schirra be- training. Throughout his career, Johnny W. building project and the construction of the came the first man to fly on all three of our Welton has worked for equity, quality, reforms, first fire house. In 1908, a horse drawn chem- Nation’s space programs—Apollo 7, Gemini and results in special education and conflict ical engine was purchased from Radnor Fire VI–A, and Mercury 8 (Sigma 7). Prior to his resolution. Company of Pennsylvania for $1,000 and put passing, ‘‘Astronaut Wally Schirra’’ logged a On many occasions during his illustrious ca- in service at the brand new station. total of 4577 hours of flight time, with 295 of reer, Johnny W. Welton received national, Today President Curtis Clifton and Chief Mi- those being in space. Additionally, he per- State and local awards and recognition for his chael Saggione command the Fire Company. formed 267 landings in an aircraft carrier. service to the children of Contra Costa Coun- Through their leadership, Minquas has contin- His lifetime of achievement also included a ty. ued to acquire the latest fire, rescue, ambu- decorated record of service in the United Among these are: the first ‘‘Peacemaker of lance apparatus and equipment to respond to States Military. He flew 90 combat missions in the Year Award’’ from the California Depart- the emergency service needs of their commu- F–84E jets, as well as downing at least one ment of Education; the ‘‘Outstanding Adminis- nity. The Company’s Motto ‘‘We go where MIG fighter, while serving as an exchange trator of the Year Award’’ presented by the As- duty calls’’ exemplifies the volunteer spirit of pilot with the 154th Fighter Bomber Squadron sociation of California School Administrators; a the men and women of the Minquas Fire during the Korean War. His courage and valor certificate of Appreciation awarded by Contra Company No. 1. was eventually recognized with three distin- Costa Children and Adults with Attention Def- I am proud of the contributions the volun- guishing flying crosses, two air medals, two icit Hyperactivity Disorder; and the first Alter- teers of Minquas have made to Delaware over NASA Distinguished Services Medals, and in- native Dispute Resolution grant from the Cali- all these years and I congratulate them on this duction into the National Aviation Hall of fornia Department of Education in 1993, and important milestone of 100 years of service. Fame. in each year to follow. f Johnny W. Welton’s outstanding service to Mr. Speaker, Wally Schirra serves as a IN TRIBUTE TO SAM CARMEN positive role model and an asset to the space special education and dispute resolution more community. Schirra was an accomplished as- than validates his awards. He assisted in the tronaut whose personal and professional ca- reorganization and establishment of the Cali- HON. GWEN MOORE OF WISCONSIN reer was filled with positive milestones and ac- fornia Department of Education Procedural IN THE HOUSE OF REPRESENTATIVES complishments. Schirra always rejected medi- Safeguards Unit, Compliance Monitoring Unit; ocrity by rejecting to conform to commonplace he built partnerships between Education and Monday, June 11, 2007 expectations. Schirra pushed the limits of 2 other local agencies serving children with spe- Ms. MOORE of Wisconsin. Madam Speak- discovery and was determined to work harder cial needs; and he chaired the state of Cali- er, I rise today to recognize a leader and vol- and go farther than anyone before him. fornia Alternative Dispute Resolution Steering unteer from the Fourth Congressional District, Despite his numerous accomplishments, Committee. Sam Carmen. Mr. Carmen is a recognized As Johnny W. Welton retires, I would like to which ranged from educational attainment, leader at the national and local level for his thank him for his dedication to the quality of military awards, hall of fame inductions, active- work in the area of educational innovation and education of the children of Contra Costa ness in diverse clubs and organizations, as reform. Mr. Carmen is retiring from the Mil- County, and his leadership in the field of spe- well as experiences, his humility was one of waukee Teacher’s Education Association cial education as an exceptional educator and his most endearing traits. Although he was a (MTEA) after 28 years of faithful service. great asset to the space industry, he assumed SELPA Director. I wish him the best of luck in Sam Carmen graduated from Cornell Uni- a very modest character. his future endeavors. versity with a bachelor’s degree in Industrial As one of the few and profound trailblazers f and Labor Relations. Following graduation, he ever known to the United States Naval Acad- IN HONOR OF THE 100TH ANNIVER- worked for both public sector and private sec- emy, NASA, and the space community, he SARY OF MINQUAS FIRE COM- tor unions in various capacities. has helped pave the way for much of our PANY NO. 1 OF NEWPORT, DE Mr. Carmen joined the staff of MTEA in knowledge about the operations of the space 1979. In 1986, he became MTEA’s chief system. As a Member who represents many HON. MICHAEL N. CASTLE spokesperson in contract negotiations with the NASA-employed constituents and as a strong Milwaukee Public School (MPS) Board. While OF DELAWARE supporter of the expansion of our space pro- he was serving as chief negotiator, MTEA de- IN THE HOUSE OF REPRESENTATIVES grams, I understand the important role that veloped a portfolio of educational reforms that Schirra played in advancing our scientific ex- Monday, June 11, 2007 were incorporated into the collective bar- plorations in space. Mr. CASTLE. Madam Speaker, it is with gaining agreement and became national mod- Mr. Speaker, I ask all of my colleagues to great pleasure that I rise today to commemo- els. For example, Mr. Carmen negotiated an join me in recognizing the enormous contribu- rate an important anniversary of service to the interview process for filling teacher vacancies tions that late astronaut Walter Marty Schirra Town of Newport and the entire State of Dela- replacing the traditional seniority model. MPS has made in the space industry and beyond, ware. utilizes this process to select teachers who while also expressing condolences for his On May 21, 1907, concerned citizens met in best fit their needs with the input of teachers, passing. the historic town of Newport to discuss the for- administration, and parent representatives.

VerDate Aug 31 2005 06:13 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00024 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~3\2007NE~2\E11JN7.REC E11JN7 mmaher on PROD1PC70 with CONG-REC-ONLINE June 11, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E1253 In 1994, Sam Carmen was selected as the tions Program, David Colaco of New Jersey, On behalf of the residents of the Sixth Dis- MTEA Executive Director while continuing as Matthew Scarvie of New Mexico, Matthew trict, I am honored but humbled to offer this the chief negotiator. As Executive Director, he Vigliotta of New York, Tucker Piner of North token of appreciation for the distinguished was a leader in the successful establishment Carolina, Stuart Downey of Oklahoma, Greg- service of Ralph M. Burnett to others and his of the MPS/MTEA Teacher Mentor Program, ory Murray of Oregon, Jeff Mitch of Pennsyl- many accomplishments. I hope that this sim- the Joint Teacher Evaluation and Mentoring vania, Neel Mehta of South Carolina, Matt ple testament provides some comfort to ease Program, the Milwaukee Teacher Education Robinson of Tennessee, Tyler Thomason of the grief of his family, neighbors and friends Center (MTEC), and the Milwaukee Partner- Tennessee, Dave Harris of Texas, Marco over his loss. ship Academy. Most recently, Mr. Carmen was Leung of Virginia, Erik Ashida of Washington, f instrumental in the development and imple- Damien White of the District of Columbia, IN HONOR OF JUDGE DAVID F. mentation of a collaborative strategic planning Caroline Kitchens of Wisconsin. LEVI process with MPS and the Greater Milwaukee I wish all of the 2007 YMCA Youth Gov- Committee entitled ‘‘Working Together, ernors a very successful conference here in Achieving More.’’ Washington, and encourage them to continue HON. DORIS O. MATSUI Sam Carmen has been active in organiza- their sincere devotion to leadership and public OF CALIFORNIA tions including: Citizen Action of Wisconsin; service in this and their future endeavors. IN THE HOUSE OF REPRESENTATIVES the Urban Directors’ Association, a national f Monday, June 11, 2007 network of urban union executives; the UWM ON THE PASSING OF THE HONOR- Ms. MATSUI. Madam Speaker, I rise today School of Education Dean’s Community Advi- ABLE JUDGE RALPH M. BUR- in honor of Judge David Levi, one of our Na- sory Committee; and the Holmes Partnership, NETT tion’s respected judges and a true friend. After a network of professional organizations work- 17 years of service on the Federal bench ing to improve teaching and learning for all HON. ROSCOE G. BARTLETT Judge Levi is retiring to become the next dean children. of Duke University’s Law School. As his col- OF MARYLAND During Mr. Carmen’s tenure, the MTEA es- leagues, friends and family gather to celebrate IN THE HOUSE OF REPRESENTATIVES tablished annual community outreach activities the next chapter of his life, I ask all of my col- including: an art show and awards program for Monday, June 11, 2007 leagues to join me in saluting this outstanding MPS students; a scholarship program for MPS Mr. BARTLETT of Maryland. Madam Speak- public servant. graduates, particularly those pursuing teaching er, I rise today in honor and memory of a The son of Edward and Kate Levi, Judge careers; and the Food for Our Future partner- great constituent of the 6th District of Mary- Levi was born into a distinguished family that ship with Hunger Task Force, a food drive and land—The Honorable Ralph M. Burnett, Jr. valued pubic service and the pursuit of knowl- advocacy program. Ralph M. Burnett was a Maryland district court edge to serve others. His father was the Presi- Madam Speaker, for these reasons, I am judge and pioneer in the fight against prostate dent of the University of Chicago and served honored to rise and pay tribute today to Sam cancer. Judge Burnett died from the disease as the United States Attorney General under Carmen’s contributions to educational reform on May 9, 2007 at the age of 64. President Gerald Ford, while his mother was in the Fourth Congressional District. Judge Burnett was born in 1943 in Seneca equally committed to a variety of worthy pur- f Falls, N.Y., to the late Ralph M. Burnett, Sr., suits. In 1972, Judge Levi graduated from Har- and Betty Burnett. He graduated from St. vard, magna cum laude, with a degree in his- HONORING THE 46TH ANNUAL Paul’s High School in 1961 and earned a BA tory and literature. Upon graduating from Stan- YMCA YOUTH GOVERNOR’S CON- from Dickinson College, in 1965. A Vietnam ford Law School in 1980, he clerked for Judge FERENCE Veteran, Judge Burnett was sent to Korea and Ben Duniway of the Ninth Circuit Court of Ap- served as First Lieutenant in the U.S. Army peals and followed that by clerking for Su- HON. until 1969. He then enrolled in the Baltimore preme Court Justice Lewis Powell. OF TEXAS School of Law and received a degree in 1972. After his tenure with Justice Powell ended, IN THE HOUSE OF REPRESENTATIVES Judge Burnett began practicing law in Oak- Judge Levi returned to California and began a renowned career with the U.S. Attorney’s Of- Monday, June 11, 2007 land, MD, and served as Garrett County’s State Attorney from 1974–1978. In December fice in Sacramento. From 1983 to 1986 he Mr. SESSIONS. Madam Speaker, I rise of 1993, he was appointed an associate dis- served as Assistant United States Attorney today to honor the 46th annual YMCA Youth trict court judge. He was also a member of the and worked in the office’s criminal division. In Governor’s Conference that began in Wash- Executive Committee of the Maryland Judicial 1986 Judge Levi was appointed by President ington, DC, this past weekend and continues Conference, and served on the Editorial Board Ronald Reagan as the United States Attorney throughout this week. I am pleased to have of Justice Matters until his passing. for the Eastern District of California. As the the distinct honor of being one of the congres- Diagnosed with prostate cancer in 1996, U.S. Attorney, Judge Levi led one of the most sional hosts for the YMCA Youth Governor’s Judge Burnett became a devoted advocate for successful public corruption prosecutions in breakfast with my House colleagues this the prostate cancer community. He served as the state’s history. Wednesday morning. chairman of the National Prostate Cancer Co- In 1990 Judge Levi was nominated by The YMCA Youth Governor’s Conference alition, NPCC, from 1999–2001. Under his President George H.W. Bush to become a brings together some of the most outstanding leadership, federal funding for prostate cancer U.S. District Judge of the Eastern District of youth leaders in America. YMCA Youth and research doubled and the NPCC tripled in California. Since 2003, he has served as the Government is a nationwide program that al- size. Chief Judge of the District. After over a dec- lows thousands of teenagers to simulate State After stepping down as chairman, Judge ade and half on the federal bench he has and national government. Burnett stayed on as a board member and earned a reputation as one who still ap- Madam Speaker, I would like to personally doggedly pursued more prostate cancer treat- proaches each case, large and small, with a recognize each of this year’s YMCA Youth ment options for patients. He was also an ad- commitment to tirelessly examine all of the Governors for their dedication and service to vocate for the Johns Hopkins University’s Spe- facts and treat each case with the utmost of America’s youth: cialized Program of Research Excellence and importance. Lillian Wilson of Alabama, Emile Gordon of served on several panels within the Depart- Judge Levi also is a national leader on legal Arizona, David Murdter of California, Alex ment of Defense where he worked to leverage reform. Recognizing his keen intellect, former Chandler of Colorado, Samantha Free of Con- the DOD’s investment in prostate cancer re- Chief Justice William Rehnquist appointed him necticut, Anna Galati of Delaware, Bradley search and participated in discovering the le- to the Advisory Committee on the Federal Pough of Florida, Kristin Graham of Georgia, thal phenotype that causes the disease. Rules of Civil Procedure in 1994, which Judge Tiana Maruyama of Hawaii, Elise Marchant of Judge Burnett is survived by his former wife, Levi chaired from 2000–2003. Four years ago, Idaho, Sean Tompkins of Illinois, Martin Lucy Burnett, a son, P. Chase Burnett and his Justice Rehnquist named Judge Levi as Chair- Turman of Indiana, Will Webb of Louisiana, wife Jaime, three grandchildren, Ian, Eli, and man of the Judicial Conference Committee on Jay Gobeil of Maine, Arnell Limberry of Mary- Sophie Burnett, a daughter, Catherine Burnett, Rules of Practice and Procedure. In these land, Alexis Morin of Massachusetts, Trenton and one sister, Clara Tordella. roles he has revised and brought a much Swank of Michigan, Dilara Uskup of Michigan, Ralph M. Burnett’s funeral was held on Sat- needed dose of reform to the rules of proce- Eric Kunkel of Minnesota, Josh Travis of Mis- urday, May 12, at St. Paul’s United Methodist dure in federal courts, making the courts more souri, Olaniyi Solebo of the Model United Na- Church in Oakland. efficient, accurate and fair.

VerDate Aug 31 2005 06:13 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00025 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~3\2007NE~2\E11JN7.REC E11JN7 mmaher on PROD1PC70 with CONG-REC-ONLINE E1254 CONGRESSIONAL RECORD — Extensions of Remarks June 11, 2007 Madam Speaker, as Judge David Levi Saturday, June 9, 2007 at Mt. Tabor Baptist Humanitarian Relief and Patriotism Act, H.R. leaves the bench to become the dean of Duke Church in Miami, FL. 1071. I am proud to be an original co-sponsor University’s prestigious law school, I am truly Mrs. Barham was a mother, grandmother, of this bill. As a founding member of ‘‘Project honored to pay tribute to a friend and dedi- sister, and nurse. However, more than that, 9/11,’’ a consortium of lawyers formed in Octo- cated public servant. I ask all of my col- she was one of the most caring people I have ber 2001, Ms. Steinberg provided legal serv- leagues to join with me in wishing David, his ever met. Born on July 17, 1938 to John and ices for families of victims of the September wife Nancy and their sons William and Joseph Ruth Stephens, of Atlanta, Georgia and chris- 11th attacks, including those seeking citizen continued success and happiness in all of tened Alice Ruth. status. Collectively, these lawyers devoted their future endeavors. Alice Barham was one of the most caring many hours of their lives to this fight. f people I have ever met, and so it was natural Once again, I offer my heart-felt congratula- for her to choose a profession in which she tions to Ms. Steinberg at the time of this ven- HONORING THE ALFRED E. could help people in pain and in need of com- erable distinction, the 2007 Ellis Island Medal ZAMPELLA SCHOOL fort, and in a very personal way. She began of Honor. As representative of the 8th Con- her career in nursing at Jackson Memorial gressional District of New York, I am honored HON. STEVEN R. ROTHMAN Hospital in the Pediatric Nursing Unit in the to have such a distinguished citizen working in OF NEW JERSEY Skaggs and Woodard building. Later in her ca- my district to improve the lives of all Ameri- IN THE HOUSE OF REPRESENTATIVES reer, she became a Public Health Nurse for cans and their families. the Miami Dade County Health Department Monday, June 11, 2007 f and worked in Liberty Square and James E. Mr. ROTHMAN. Madam Speaker, I rise Scott housing projects providing health serv- STEM CELL RESEARCH today in recognition of the Alfred E. Zampella ices to the underserved residents in the com- ENHANCEMENT ACT OF 2007 School, whose outstanding work has been re- munity. Alice was also employed at Mt. Sinai SPEECH OF warded with the Heart of Gold Award for the Hospital before eventually going to the Miami Second Kindest School in New Jersey for the Dade County Public Schools System as a HON. EDDIE BERNICE JOHNSON third year in a row. Public Health Nurse and biology teacher and OF TEXAS The Kindness is Contagious program began retiring. IN THE HOUSE OF REPRESENTATIVES in New Jersey several years ago as a way to Mrs. Barham had the ability to soothe peo- Thursday, June 7, 2007 encourage students, teachers, parents, and ple who were hurt, calm people who were the community to work together to perform worried and bring comfort to people who were Ms. EDDIE BERNICE JOHNSON of Texas. ‘‘acts of kindness.’’ At the beginning of the afflicted. Children were naturally attracted to Mr. Speaker, I strongly support S. 5, the Stem school year, students are taught about the val- her, as was she to them. She had a remark- Cell Research Enhancement Act of 2007. This ues of compassion and generosity; they are able gift, and she was generous in sharing it bill directs the Secretary of Health and Human then given journals to record their individual so freely with so many people in our commu- Services to support a comprehensive program acts of kindness at home and at school while nity. I could not begin to estimate the number of embryonic stem cell research. teachers, administrators, school personnel, of people whose lives she touched and whose In my 14 years with the Committee on and parents recognize and reinforce these path she made a little easier. Science and Technology, I have exhibited a acts. By the end of the school year, these im- Mrs. Alice Barham was also my dear friend, firm and consistent commitment to scientific portant values are integrated into the daily and a dear friend to my family, and she played research. That includes stem cell research. education of students. a very instrumental role in the lives of my chil- Nearly all of the scientific societies are The students in the Alfred E. Zampella dren. I am deeply saddened by her passing, strong supporters of this legislation, and many School—from the Pre-Kindergarten class to but I am grateful for having had her in my life. have contacted me urging support of S. 5. The the Eighth Grade—have performed 53,926 My heart goes out to her family and I thank bill supports the development of techniques to acts of benevolence, empathy, thoughtfulness, them for sharing this phenomenal woman with derive stem cells from non-embryo sources for and compassion in the past school year. It is us. Indeed, the legacy she leaves behind will the improved understanding of and treatments clear by the sheer number of acts, that kind- live on in the people she helped throughout for diseases. ness is truly contagious in this school. These her career and life. Mr. Speaker, this bill that will enable criti- individual acts ranged from picking up a piece f cally important, ethical stem cell research. The of trash in the cafeteria to a school-wide President vetoed such legislation in the past, penny collection to raise money for leukemia HONORING THE WORK OF DEBRA and I hope that he will listen to the majority of research. The students not only learned how STEINBERG, RECIPIENT OF THE Americans and support this measure. to improve their school community but also NATIONAL ETHNIC COALITION OF f discovered the valuable life lesson of doing ORGANIZATIONS’ 2007 ELLIS IS- good works for other people—not for the rec- LAND MEDAL OF HONOR HONORING THE LIFE OF COLONEL ognition, but because it makes another per- OWEN A. HEETER OF ROCH- son’s life better. HON. JERROLD NADLER ESTER, INDIANA Madam Speaker, I ask my colleagues to join OF NEW YORK with me today in commending Principal San- IN THE HOUSE OF REPRESENTATIVES HON. JOE DONNELLY dra Frierson, the staff, and students of the Al- OF INDIANA Monday, June 11, 2007 fred E. Zampella School for the tens of thou- IN THE HOUSE OF REPRESENTATIVES sands of acts of kindness they have per- Mr. NADLER. Madam Speaker, I rise today Monday, June 11, 2007 formed. They are a great credit to our country to congratulate Debra Brown Steinberg for her and its steadfast spirit of generosity and good- reception of the 2007 Ellis Island Medal of Mr. DONNELLY. Madam Speaker, today I will. Honor. rise to honor the life of COL Owen A. Heeter, f Through its Ellis Island Medals program, the who faithfully served our country in the United National Ethnic Coalition of Organizations States Air Force for 30 years. Colonel Heeter TRIBUTE TO ALICE R. BARHAM (NECO) honors United States Citizens whose passed away on February 17, 2007. life and work show dedication to community Colonel Heeter was born in Athens, Indiana HON. KENDRICK B. MEEK service and the preservation of ethnic herit- in 1936. He graduated from Rochester High OF FLORIDA age. Ms. Steinberg joins an elite group of School in 1954 as an accomplished athlete IN THE HOUSE OF REPRESENTATIVES medalists, who represent several industries and went on to attend DePauw University in and come from many different backgrounds. Greencastle, Indiana. At DePauw, Colonel Monday, June 11, 2007 Debra Steinberg is an accomplished attor- Heeter played baseball and was a member of Mr. MEEK of Florida. Madam Speaker, I rise ney who has devoted time in her professional Phi Gamma Delta Fraternity. However, it was today to pay tribute to the late Alice R. life to advancing civil rights. Most commend- his experiences in the Reserve Officers Train- Barham, a warm and wonderful person who able is her pro bono representation of families ing Corps that led him to a career dedicated passed away on Tuesday, June 5, 2007. of 9/11 victims. Determined to protect the to serving our country. Her family and friends will memorialize her rights of this group in need, Ms. Steinberg as- After graduation in 1958, Colonel Heeter at a ‘‘going home’’ celebration to be held on sisted in drafting The September 11th Family joined the United States Air Force, becoming

VerDate Aug 31 2005 06:13 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00026 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~3\2007NE~2\E11JN7.REC E11JN7 mmaher on PROD1PC70 with CONG-REC-ONLINE June 11, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E1255 one of our country’s most successful pilots. He still do their daily devotion together before CONGRATULATIONS TO MR. JAMES was stationed at various bases within the they go to bed, no matter how late or how DETHERAGE United States and overseas, including Spain, tired they may be. Madam Speaker, in closing, Thailand, and Panama. Some of his most no- I am pleased to honor Bill and Beth’s Golden HON. JOHN A. BOEHNER table accomplishments include becoming the Anniversary and urge my colleagues to join OF OHIO first pilot to fly an HH–53 helicopter across the me in celebrating this very special milestone. IN THE HOUSE OF REPRESENTATIVES Pacific Ocean, flying rescue missions over Monday, June 11, 2007 Vietnam, and recovering bodies from the mass f suicide in Jonestown, Guyana. Mr. BOEHNER. Madam Speaker, I rise Colonel Heeter received numerous awards TRIBUTE TO PAT LOOMES today to congratulate, thank, and recognize in recognition of his outstanding service during my constituent Mr. James Detherage for 35 his tours of duty. Included in these are the years of service and 30 years as Chief with Bronze Star, the Silver Star, the Legion of HON. FORTNEY PETE STARK the West Chester Fire Department. Merit, the Distinguished Flying Cross, the De- OF CALIFORNIA As a husband, father and Fire Chief, James fense Meritorious Service Medal, the Meri- IN THE HOUSE OF REPRESENTATIVES has given outstanding service and support to torious Service Medal with Four Oak Leaf the people of West Chester. His lengthy and Clusters, the Air Medal with Four Oak Leaf Monday, June 11, 2007 tireless work in West Chester over three dec- Clusters, and the Air Force Commendation Mr. STARK. Madam Speaker, I rise today to ades is a constant source of pride and uncon- Medal. pay tribute to Pat Loomes, upon her retire- ditional praise. As Chief of the West Chester After retiring from the Air Force, Colonel ment from Girls Inc. after 30 years of distin- Fire Department, James has seen the depart- Heeter was a member of the international guished service to girls in Alameda County, ment grow from a volunteer staff to its current sales department at Bell Helicopter in Fort California. This fall, Ms. Loomes will retire state of 40 full-time firefighters. Outside of his Worth, Texas. After retiring 10 years later, he from Girls, Inc. leaving an organization that post as Chief, he has also served as Presi- returned to Rochester, Indiana, eventually now serves more than 7,000 girls, has more dent of the Butler County Fireman’s Associa- marrying his high school sweetheart. In the than 90 staff members and a $5 million budg- tion, President of the Southwest District of last decade of his life, Colonel Heeter was an et. Ohio Fire Chiefs Association and President of active member of Grace United Methodist the Butler County Fire Chief’s Association. Church, the Kiwanis Club, the LeRoy Shelton While feminists across the country marched James’ attitude, fierce determination, and American Legion Post #36, and many other to demand equal rights in the workplace, in community spirit are a source of energy for all organizations. He enjoyed working on his golf the classroom, and at home, Pat Loomes real- those around him. So much of James’ work is game and spending time with his grand- ized that improving the quality of women’s done quietly and without reward and it is my children. lives meant empowering them in their most honor to take this moment to say thank you Colonel Heeter represented the best that formative years, when they were girls. Al- and congratulate him on his new position as this country has to offer. His selfless dedica- though many of her friends disagreed, arguing West Chester Township Public Safety Direc- tion to the United States, to his community that advocating for girls weakened the wom- tor. en’s movement, she followed her heart. Her and to his family will always be remembered. f It is with great pride that I celebrate the life commitment to leveling the playing field for and service of COL Owen A. Heeter. girls laid the foundation for Girls Incorporated TRIBUTE TO BOOKER T. DOZIER of Alameda County and contributed to the or- f ganization’s impressive growth. HON. JOHN D. DINGELL TRIBUTE TO BILL AND BETH Pat Loomes saw Girls, Inc. as a vital oppor- OF MICHIGAN HANKS tunity to set girls’ lives on the right track and IN THE HOUSE OF REPRESENTATIVES give them the skills needed to lead productive Monday, June 11, 2007 HON. JOHN J. DUNCAN, JR. and fulfilling lives. Among her first accomplish- OF TENNESSEE ments was a grant from the Department of Mr. DINGELL. Madam Speaker, I rise today IN THE HOUSE OF REPRESENTATIVES Labor that allowed girls to learn about car- to honor Mr. Booker T. Dozier, of Inkster, pentry, construction and other non-traditional Michigan, on the occasion of his 90th birthday. Monday, June 11, 2007 jobs from women already in the industry. Mr. Dozier is a pillar of the Inkster commu- Mr. DUNCAN. Madam Speaker, I rise today Soon, she realized that girls’ programs re- nity, where he has lived for over 50 years. to recognize Bill and Beth Hanks on the occa- ceived far fewer funds from United Way than Time and again, Inkster has turned to Mr. sion of their 50th wedding anniversary, which boys’ programs and embarked on a campaign Dozier for guidance, organization and leader- they will celebrate June 15. to end the discrimination. She recalls, ‘‘ I ship. In 1993 he led the effort to create The story of Beth Ballentine Hanks and Wil- wrote a letter every week to the president of Inkster’s Memorial Day parade, culminating in liam ‘‘Bill’’ Franklin Hanks is one of love at first the board asking to increase funding until I got a successful annual event which continues sight and the American Dream. Beth grew up a response.’’ Pat Loomes’ campaign led to eq- today. His organizational skills were put to use in South Carolina and Bill grew up in Char- uitable funding, not only for Girls Inc. of Ala- again when he was called on by the Mayor of lotte, North Carolina. The couple met while at- meda County, but also for other girls’ pro- Inkster to spearhead a successful effort to tending Furman University in Greenville, South grams such as Campfire Girls, YWCA and the raise $100,000 for young man in need of a Carolina. Girl Scouts. heart transplant. At Furman, Bill, a sophomore at the time, There are also many different organizations In 1983, she created a formal program to spotted Beth, a freshman, waiting in line for which have benefited from Mr. Dozier’s guid- treat child victims of sexual abuse. When gov- the freshman orientation tea. He knew she ance. He has been involved with the Inkster ernment funds were discontinued for pregnant was the one. Bill and his fraternity brothers Summerfest Festival Committee; the Because teens across the country, Girls Inc. moved to showed up at the freshman dance to see Inkster Cares Committee; the Optimist Club; fill the gap and provided sex education and life Beth. He had his friends continually cut in on the Inkster Dance Club; and the Inkster Good- options beyond high school, such as college, Beth and her date so that they never had the fellows, who work to ensure that there will be work, and travel. opportunity to dance together. Eventually, her ‘‘no child without a Christmas.’’ Mr. Dozier date got mad and left. This was when Bill Ms. Loomes achievements and success also served as the Chairman of the Inkster made his move. Bill and Beth were married on with the myriad of programs at Girls, Inc. have Commission on Aging for over 20 years and June 15, 1957 in Beth’s hometown of Walter- been recognized by numerous organizations, has been a member of the Wayne County boro, SC. Today, the couple splits their time such as United Way and then, Seaton Man- Board of Directors for Meals on Wheels for the between homes in Knoxville, TN and Fripp Is- ning Outstanding Agency Professional Award elderly. land, SC. They enjoy attending UT football for her leadership and advocacy on behalf of Booker T. Dozier has consistently served and basketball games and spending time with girls. his community. His efforts to improve Inkster friends and family. The Hanks have 4 grown I join the community in thanking Pat Loomes have not gone unnoticed, as one of the most children, Linda, William, Wallace, and Lucille, for her outstanding legacy. She has molded well known and used facilities within the city is and 10 grandchildren. After 50 years, Bill and and shaped the girls’ movement in a profound the Booker T. Dozier Recreation Center. I Beth are very supportive of one another and way that will be felt for generations. thank Mr. Dozier for all of his efforts to better

VerDate Aug 31 2005 06:13 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00027 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~3\2007NE~2\E11JN7.REC E11JN7 mmaher on PROD1PC70 with CONG-REC-ONLINE E1256 CONGRESSIONAL RECORD — Extensions of Remarks June 11, 2007 his community and I congratulate him on the made headlines of her own while campaigning unbridled inspiration served as a source of milestone of his 90th birthday. solo across the country for her husband. Elea- strength and encouragement in the aftermath f nor engaged crowds on the campaign trail of a devastating fire that struck the Temple in with her eloquence and frequently participated 1991. HONORING THE 75TH ANNIVER- in network television and radio discussions Rabbi Davidson’s steady rise to Jewish na- SARY OF LOCAL 318 OF THE concerning national and international policy. tional iconography is no surprise considering INTERNATIONAL UNION OF OP- Her high profile helped transform public per- the unique leadership qualities he dem- ERATING ENGINEERS ception of the role and value of women in poli- onstrated in serving Temple Beth-El. Rabbi tics. Davidson’s service as President of the Syna- HON. JERRY F. COSTELLO Aside from politics, Eleanor worked as a gogue Council of America, as well as past OF ILLINOIS tireless advocate for children and families. She president of the Rabbinic Alumni Association IN THE HOUSE OF REPRESENTATIVES served on the boards of directors for Dakota of Hebrew Union College–Jewish Institute of Wesleyan University, the Psychiatric Institute Religion only cemented Rabbi Davidson as a Monday, June 11, 2007 Foundation, the Child Study Association, the true Jewish leader. Mr. COSTELLO. Madam Speaker, I rise Erickson Institute of Chicago and Odyssey Madam Speaker, Rabbi Davidson’s commit- today to ask my colleagues to join me in hon- House of New York. She founded the Martha ment to Reform Judaism informed and com- oring the 75th anniversary of Local 318 of the Movement and was a development officer for plemented his involvement in pluralism and International Union of Operating Engineers, the Child Development Associates Consor- social justice. Rabbi Davidson’s multiple terms headquartered in Marion, IL. tium. Eleanor and her family also established as President of the Great Neck Clergy Asso- 1932, our Nation was mired in the depths of the McGovern Family Foundation in Wash- ciation, and his groundbreaking efforts in de- the Great Depression. Prices were low. The ington, DC, to raise funds for alcoholism re- veloping interfaith dialogue, have served to average new car cost $610 and you could fill search. better the lives of those around him, success- up the tank for 10 cents a gallon. However, Madam Speaker, I urge all Members to sup- fully realizing his lofty goals of building a com- few could afford the car or the gas as employ- port the passage of this legislation that honors munity of tolerance and understanding. Rabbi ment was over 23 percent nationally with over the life of Eleanor McGovern. Davidson’s exemplary interfaith achievements, 13 million Americans having lost their jobs f coupled with his involvement as a founding since the beginning of the Depression in 1929. member of the American Jewish World Serv- It was in this time of economic distress that IN RECOGNITION OF RABBI ice, led the New York Board of Rabbis to Local 318 was founded in Harrisburg, IL. JEROME DAVIDSON honor him ‘‘Rabbi of the Year’’ in 1994. Local 318 covers 14 counties in the south- More recently, Rabbi Davidson has been a ernmost area of Illinois and is comprised of HON. GARY L. ACKERMAN trailblazer in formally welcoming the gay and 900 skilled operators. Their commitment to OF NEW YORK lesbian community into Jewish life. He has providing the highest quality of labor to their IN THE HOUSE OF REPRESENTATIVES likewise advocated for religious pluralism in hundreds of signatory contractors extends to a Monday, June 11, 2007 Israel. Today, Rabbi Davidson continues to strong training program, both at the apprentice serve on the faculty of the Hebrew Union Col- level and upgrades for Journeymen as well. Mr. ACKERMAN. Madam Speaker, I rise lege-Jewish Institute of Religion and as a The members of Local 318 are also contrib- today in recognition of the retirement of Rabbi member of its Board of Governors. Rabbi Da- uting members of their respective communities Jerome Davidson after nearly 50 years of vidson also serves on the Advisory Board of and, through their local, they support a num- dedicated service to the community of Great the Tanenbaum Center for Interreligious Un- ber of area charities and provide a scholarship Neck, New York. derstanding, and is deeply involved in a pleth- fund to support their dependents who attend Rabbi Jerome Davidson is no ordinary ora of other local and national Jewish organi- college. rabbi. He has successfully fused his life as a zations. Rabbi Davidson’s adept ability for With union membership struggling in many religious leader and a Jewish mentor together translating his values into action by positively areas of the country, Local 318 boasts a 98 with his commitment to a life of civic engage- affecting the world around him is truly an in- percent union membership for their covered ment and Tikkun Olam, or repairing the world. spiration to all of those whose lives he has trades. This speaks well of the benefits that Throughout his years of service, Rabbi David- touched. the members realize through their union mem- son has effectively transcended the walls of Madam Speaker, the accolades bestowed bership and also the increased productivity for Temple Beth-El of Great Neck in Nassau upon Jerome Davidson for his almost 50 years the contractors who use the skilled workers of County, New York, establishing himself as an of outstanding service to the Long Island com- Local 318. inspirational leader for both his congregation munity are well deserved. I ask all of my col- In 1996 Local 318 moved its headquarters and community. leagues to join me in honoring Rabbi Jerome to Marion, IL. They continue to provide quality Jerome Davidson joined Temple Beth-El, a Davidson for his outstanding work and wishing representation for their members and, through member congregation of the Union for Reform him many more years of success as he be- their training and community involvement, they Judaism, as an assistant rabbi in 1958, and comes Rabbi Emeritus of Temple Beth-El of are a positive example of organized labor in became its senior rabbi in 1971. Rabbi David- Great Neck, New York. son soon impressed the congregation with his southern Illinois. f Madam Speaker, I ask my colleagues to join dynamic sermons, driven enthusiasm and me in congratulating the leadership and mem- compelling sense of humor. Rabbi Davidson’s TRIBUTE TO 1ST LT. KEITH bers of Local 318 of the International Union of brilliance and erudition were key in shaping HEIDTMAN Operating Engineers as they celebrate their the congregation’s future. The educational op- 75th anniversary. portunities presented by the Temple’s com- HON. JOE COURTNEY f prehensive library and historical museum were OF CONNECTICUT central to Rabbi Davidson’s success in teach- IN THE HOUSE OF REPRESENTATIVES TRIBUTE TO ELEANOR McGOVERN ing his congregants. Under his devoted tute- lage, Temple Beth-El grew to become a thriv- Monday, June 11, 2007 HON. STEPHANIE HERSETH SANDLIN ing beacon of Jewish life in Great Neck; an Mr. COURTNEY. Madam Speaker, today I OF SOUTH DAKOTA arena of countless Bnai Mitzvah, weddings, rise in tribute of an American patriot and fallen IN THE HOUSE OF REPRESENTATIVES other life-cycle events and social affairs. Connecticut son. A native of Norwich, 1st Lt. Rabbi Davidson also laid the foundations of Keith Heidtman was killed in Iraq on Memorial Monday, June 11, 2007 a successful Religious School and Early Child- Day, May 28, 2007 while piloting a helicopter Ms. HERSETH SANDLIN. Madam Speaker, hood Education Center that addressed the north of Baghdad. I rise today to introduce legislation honoring needs of the diversified and growing con- I spent Memorial Day in Iraq with the troops the life of Eleanor McGovern by officially des- gregation. Rabbi Davidson’s exceptional cre- and witnessed firsthand the dangers they face ignating the post office in her home town of ativity and boundless imagination confirmed every minute. To later learn that the day of my Woonsocket, South Dakota, as the Eleanor Temple Beth-El, with its impressive member- visit would also be the same as Keith’s pass- McGovern Post Office. ship of over 1200 families, as one of the most ing was particularly painful. The wife of Presidential nominee and United innovative and energetic Reform congrega- Keith was a 2001 graduate of Norwich Free States Senator George McGovern, Eleanor tions in America. His uncoupled wisdom and Academy where he was an all-conference

VerDate Aug 31 2005 06:13 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00028 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~3\2007NE~2\E11JN7.REC E11JN7 mmaher on PROD1PC70 with CONG-REC-ONLINE June 11, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E1257 baseball player, talented basketball player, Lopez represented the city on a number of IN RECOGNITION OF SERGEANT and honor student. He then attended the Uni- local and regional committees dealing with BRANDON HADAWAY versity of Connecticut where he participated in such issues as transportation planning, waste- ROTC, graduating cum laude in 2005 with a water treatment, local airport policy and agri- HON. MIKE ROGERS bachelor’s degree in resource economics. cultural land preservation. He has also partici- OF ALABAMA After graduation, Keith joined the army. At pated in many community groups such as the IN THE HOUSE OF REPRESENTATIVES the top of his class, he chose to attend the Oxnard Chamber of Commerce, the Hispanic Monday, June 11, 2007 United States Army Aviation Warfighting Cen- Chamber of Commerce, the Oxnard Optimist ter where he became a helicopter pilot. He Club, the Oxnard Boys and Girls Club and Mr. ROGERS of Alabama. Madam Speaker, was deployed to Iraq in December as part of many others. Sergeant Brandon Hadaway, 25, of Valley, Task Force Lightning. As a result of his dedication to his commu- Alabama, died on May 30, 2007, in Afghani- Keith Heidtman represents the promise of nity, Dr. Lopez was chosen as the 1991 stan. Sergeant Hadaway was assigned to the America. A talented and dedicated young Oxnard Distinguished Citizen of the Year and, 3rd Battalion, 82nd General Support Aviation man, he laid down his life to serve his country. in 1992, he received the Patrick Henry Award. Brigade, 82nd Airborne Division stationed in While his smile may no longer brighten the In 2006 Dr. Lopez was the Grand Marshal of Fort Bragg, North Carolina. lives of those around him, the memory of his the Oxnard Christmas Parade. It is my honor, Sergeant Hadaway was serving on his third life shall always endure. Young men and Madam Speaker, to recognize and commend tour when his helicopter took fire from enemy women are serving our Nation with honor and Dr. Manuel Lopez for his ongoing service to combatants, He was a proud graduate of Val- distinction every day. They are on the his community on this joyous occasion of his ley High School and will be dearly missed in frontlines, defending those in need of help. 80th Birthday. his community. As a testament to his sacrifice, the City of Valley has already declared a flag There is no job nobler. Keith understood this f great responsibility and volunteered for service day in his honor. to protect his country and its citizens, strang- IN CELEBRATION OF NATIONAL Words cannot express the sense of sadness ers and family members alike. MINORITY CANCER AWARENESS we have for his family, and for the gratitude At his funeral, I was moved by the incredible WEEK our country feels for his service. Sgt. outpouring of support demonstrated by his Hadaway, like other brave men and women friends and community. Hundreds of people HON. CHARLES B. RANGEL who have served in uniform, died serving not just the United States, but the entire cause of came to pay their respects and salute this OF NEW YORK liberty. Indeed, like those who have served be- American hero. IN THE HOUSE OF REPRESENTATIVES I recently had the chance to meet Keith’s fore him, he was a true American. Monday, June 11, 2007 We will forever hold him closely in our mother and stepfather, Maureen and Arthur, at hearts, and remember his sacrifice and that of their home in Norwich. After meeting them it Mr. RANGEL. Madam Speaker, I rise today his family as a remembrance of his bravery was clear to me where Keith developed his to recognize National Minority Cancer Aware- and willingness to serve our nation. Thank penchant for service—his mother. As an em- ness Week. This week of awareness gave us you, Madam Speaker, for the House’s remem- ployee for the Connecticut Department of Chil- the opportunity to highlight the issues and brance at this mournful occasion. dren and Families, Maureen has dedicated her concerns that minority cancer patients and life to helping those in need. Keith carried on their families face on a daily basis. It is impor- f her legacy in the U.S. Army where he bravely tant that we acknowledge the challenges FREEDOM FOR ANTONIO RAMO´ N served his country and made the ultimate sac- present for minorities who suffer with cancer DI´AZ SA´ NCHEZ rifice. so that we can take the necessary steps to al- Madam Speaker, please join me in honoring leviate these barriers. HON. LINCOLN DIAZ-BALART 1st Lt. Keith Heidtman and his service to our Cancer patients endure chemotherapy, radi- ation therapy, surgical operations and other OF FLORIDA great Nation. Keith and his sacrifice will for- IN THE HOUSE OF REPRESENTATIVES ever be remembered by me, a mourning Con- forms of medical treatment to fight the numer- necticut, a grateful Nation, and family mem- ous types of cancer. The medical community Monday, June 11, 2007 bers who will never forget. continues to conduct research to find cures for Mr. LINCOLN DIAZ-BALART of Florida. f cancer and develop more effective ways to Madam Speaker, I rise today to speak about treat individuals struggling with the disease. Antonio Ramo´n Dı´az Sa´nchez, a prisoner of HONORING DR. MANUEL LOPEZ’S Unfortunately these medical advances are out conscience in totalitarian Cuba. 80TH BIRTHDAY of reach for many minorities dealing with can- Mr. Dı´az Sa´nchez, an electrician by profes- cer. The American Cancer Society has docu- sion, is a member of the Christian Liberation HON. LOIS CAPPS mented that the advances in cancer preven- Movement and a peaceful pro-democracy ac- OF CALIFORNIA tion, early detection, and treatment has tivist who desires to exercise his basic human IN THE HOUSE OF REPRESENTATIVES evaded minority groups: rights and who supports freedom, democracy Minority populations often face numerous and the Rule of Law for the people of Cuba. Monday, June 11, 2007 obstacles receiving equal access to preven- Unfortunately, the nightmare that is the totali- Mrs. CAPPS. Madam Speaker, today I rise tion, early detection, and quality treatment and tarian regime continues to oppress the men to pay tribute to Dr. Manuel (Manny) Lopez as tend to receive lower quality health care than and women of Cuba, especially those who he celebrates his 80th birthday. Dr. Lopez has white patients even when insurance status, in- work to shed light on the vicious crimes com- served the Oxnard community as a doctor, an come, age, and severity of conditions are mitted against the Cuban people by the tyrant. activist, a community volunteer and as an comparable. In March 2003, as part of the tyrant’s con- elected official. I am pleased to recognize Dr. Racial and ethnic minorities may lack health demnable crackdown on peaceful, pro-democ- Lopez on this special day. insurance, earn lower incomes, and experi- racy activists, Mr. Dı´az Sa´nchez was arrested Born in Oxnard in 1927, Dr. Lopez attended ence language barriers, racial bias, and simply for expressing his opinions. Mr. Dı´az local schools through high school, attended stereotyping which can affect interactions be- Sa´nchez was subjected to a sham trial where Ventura Community College and went on to tween patients and physicians and contribute he was ‘‘sentenced’’ to 20 years of confine- attend DC Berkeley for his undergraduate to miscommunication or delivery of sub- ment in the infernal totalitarian dungeons of education and as a student of optometry. He standard care. the brutal regime. returned to his community and has practiced Eighteen percent of African Americans and Mr. Dı´az Sa´nchez has continued to advo- Optometry in Oxnard since 1962. 35 percent of Hispanic/Latinos are uninsured, cate for freedom and justice while locked in Before serving on the Oxnard City Council while only 12 percent of whites lack health in- the hellish squalor of the dictatorship’s gulag. for 12 years and then serving as mayor for 14 surance. He has participated in various hunger strikes years, Dr. Lopez was involved with the Oxnard I applaud the American Cancer Society and to draw attention to the horrific conditions that Planning Commission, the Housing Authority, the American Cancer Society Cancer Action political prisoners are subjected to in the the Redevelopment Agency, the Community Network for bringing national awareness to the gulag. He is routinely denied medical treat- Relations Commission and the Economic De- issues faced by minority cancer patients and ment although he currently suffers from painful velopment Commission. While serving as a for their efforts in celebrating National Minority colitis and has been denied a biopsy for a rap- Member of the Council and as mayor, Dr. Cancer Awareness Week. idly growing tumor on his prostrate.

VerDate Aug 31 2005 06:13 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00029 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~3\2007NE~2\E11JN7.REC E11JN7 mmaher on PROD1PC70 with CONG-REC-ONLINE E1258 CONGRESSIONAL RECORD — Extensions of Remarks June 11, 2007 According to Mr. D´ıaz Sa´nchez’s nephew, nalistic, broadcast and community excellence. it would provide yet another tool in our effort NGOs have offered Mr. D´ıaz anti-inflammatory He is the recipient of a Mellon Jazz Commu- to further economic opportunities and increase medications to relieve his symptoms but as of nity Service Award and the Kal Rudman Mile- the quality of life in our nation’s rural areas. yet neither he nor his family have received stone in Radio Award. In 2003, he was in- f any such medications to relieve his symptoms. ducted into the Philadelphia Broadcast Hall of The burden of the cruel treatment he has re- Fame. He and his wife Sheila live in Philadel- INTRODUCTION OF THE GREEN- ceived and the physical strain of the sub- phia’s West Oak Lane section. HOUSE GAS ACCOUNTABILITY human conditions in which Mr. D´ıaz Sa´nchez At age 73, Bob continues his weeknight and ACT OF 2007 is forced to live have completely drained him Sunday broadcasts, offering his insights, his of his desire to nourish himself. He survives stories, and his love on ‘‘the G.M.’’ And so I HON. ELIOT L. ENGEL on barely on a few spoonfuls of putrid food rise in recognition for a lifetime of achieve- OF NEW YORK each day. ment. On behalf of all your grateful fans, thank IN THE HOUSE OF REPRESENTATIVES In the face of such horrific mistreatment, the you Bob Perkins, native son and Philadelphia Monday, June 11, 2007 regime’s henchmen refuse to provide Mr. D´ıaz civic treasure. Mr. ENGEL. Madam Speaker, I rise today to or his family with medical diagnoses. Madam f Speaker, let me be very clear, Mr. D´ıaz announce the introduction of the Greenhouse Sa´nchez is suffering at the whim of a mon- AGRICULTURAL PRODUCERS Gas Accountability Act of 2007. This legisla- strous regime just 90 miles from our shore, al- VALUE-ADDED INVESTMENT TAX tion can serve as an essential first step in a though he has done nothing other than desire CREDIT ACT OF 2007 comprehensive policy to combat climate that his children and the long-suffering people change. of Cuba live in freedom with fundamental HON. JOHN M. McHUGH When constructing a comprehensive, econ- human rights and dignity. OF NEW YORK omy-wide global warming policy, what is the Madam Speaker, Mr. D´ıaz Sa´nchez has IN THE HOUSE OF REPRESENTATIVES first thing we have to know? It is what we are courageously risked his life in order to bring a currently emitting, who is emitting it, and data Monday, June 11, 2007 semblance of humane treatment to those con- on where in the economy it makes sense to fined in the nightmare that is the totalitarian Mr. MCHUGH. Madam Speaker, I rise today regulate. The biggest mistake the EU made in gulag. His example shines a light of courage to introduce the Agricultural Producers Value- creating its cap and trade system was distrib- on the abominable disregard for human rights Added Investment Tax Credit Act of 2007, uting credits without having a good idea of its in that oppressed island. My Colleagues, we which is designed to give agricultural pro- emissions first. This resulted in power compa- must demand the immediate and unconditional ducers an incentive to invest in value-added nies being given more credits they needed. In release of Antonio Ramo´n D´ıaz Sa´nchez and enterprises. Through such investment, agricul- turn these power companies were able to sell every political prisoner in totalitarian Cuba. tural producers would not only realize a great- their excess credits and gain a windfall rather f er share of the profits generated by their prod- than being forced to reduce emissions. ucts, but would also further economic develop- This comprehensive registry will give us all HONORING BOB PERKINS FOR AD- ment efforts, particularly in rural areas like my the data we need to craft future legislation and VANCING JAZZ THROUGH HIS Central and Northern New York Congressional intelligently decide how to allocate credits. I BROADCAST AND WRITING CA- District. am not suggesting that this legislation act as REER Specifically, the Agricultural Producers a substitute to a cap and trade program, how- Value-Added Investment Tax Credit Act would ever. Speaker PELOSI, Chairman DINGELL and HON. CHAKA FATTAH provide a 50-percent tax credit, up to $30,000 Chairman BOUCHER have all pledged to bring OF PENNSYLVANIA annually, for producers who invest in value- a comprehensive cap and trade bill to the IN THE HOUSE OF REPRESENTATIVES added enterprises. To allow for the cyclical na- House floor by the end of this year. I applaud Monday, June 11, 2007 ture of farm incomes, this legislation would these efforts and that is why I am a cosponsor Mr. FATTAH. Madam Speaker, I rise today allow the tax credit to be applied over a 20- of two of the most prominent cap and trade to recognize and commend Bob Perkins, an year period. In the case of a farmer-owned en- bills in the House today. At the very least I outstanding Philadelphian who has devoted tity, the credit would be allocated on a pro rata hope the Greenhouse Gas Accountability Act more than four decades as a radio host and basis among eligible persons holding qualified can become an amendment to one of these commentator to the advancement and enjoy- interests in the entity. worthy cap and trade proposals. ment of Jazz. Sadly, American farmers often get the Not only will this bill lay the groundwork for ‘‘B.P. with the G.M.’’ has been the radio sig- smallest portion of the profit generated by the future legislation on climate change, but the nature for Bob Perkins bringing the Good raw product they produce. As the agricultural bill will serve other important functions as well. Music of Jazz to grateful Philadelphia listeners product is transported, processed, and mar- For instance, by requiring greenhouse gas re- for the past ten years from WRTI–FM, the keted before it arrives on the grocery shelf, ports by entity and by facility investors will be Temple University flagship station. several middlemen cash in on the product. By able accurately assess the risks and opportu- Bob Perkins has entertained and informed offering this tax credit, we can provide farmers nities of various companies. Currently all in- listeners for 42 years as a radio newscaster, and farmer-owned entities with an added in- vestors know that carbon regulation is coming. commentator and jazz host, 37 of those years centive to produce value-added products and But despite heroic efforts by the Carbon Dis- in Philadelphia, while writing opinion pieces move toward greater financial independence. closure Project, many companies still do not and jazz commentary for numerous local pub- They will be able to earn more by reaching up disclose their carbon emissions to their inves- lications. the agricultural marketing chain to capture tors. This bill will require all large publicly trad- Bob was born and raised in South Philadel- more of the profits their product generates. In ed companies to finally let their investors know phia, where he listened night and day to the addition, producer investment in value-added what they are doing about the climate. radio that was on constantly in the Perkins enterprises will help American farmers adapt Further, the public will be able to hold com- household. His career took him briefly to De- to the challenges of marketing their products panies accountable for their actions to address troit, but by 1969 he was back in Philadelphia in an increasingly global economy. global warming. Just as we saw with the suc- at WDAS as newscaster, news director and Finally, the Agricultural Producers Value- cessful Toxics Release Inventory program, editorial director. Meanwhile he was hosting a Added Investment Tax Credit Act would fur- many companies will see the light once they popular Saturday night Jazz program on public ther economic development efforts in and help truly become aware of their own impacts. This radio’s WHYY–FM. stem migration from rural areas. This aspect increased awareness will almost assuredly Ten years ago Bob moved to WRTI–FM, of the legislation is very important to all of my lead to reduced emissions. where he shares his encyclopedic knowledge constituents as seven of the 11 counties I rep- Perhaps the most important aspect of the of Jazz, and the men and women who perform resent have poverty rates greater than the na- legislation is that it would require international it, with his devoted audience. It is program- tional rate of 12.7 percent. In addition, five of companies who trade on American stock ex- ming that brings prestige and listeners to my constituent counties have experienced a changes to report their emissions abroad as WRTI–FM while keeping alive this unique and decrease in their populations since 2000. well. No longer will we be in the dark about indigenous American art form. Thus, it is my hope that my colleagues will how foreign operations in developing countries Bob Perkins has been the deserving recipi- join with me to enact this important legislation. are adding to the world’s accumulation of ent of more than three dozen awards for jour- It not only would help American farmers, but greenhouse gases. This means that we could

VerDate Aug 31 2005 06:13 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00030 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~3\2007NE~2\E11JN7.REC E11JN7 mmaher on PROD1PC70 with CONG-REC-ONLINE June 11, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E1259 finally have a window into what the true emis- Scientists, economists, teachers, and par- life back in 1999 due to senseless gun vio- sions of greenhouse gases are in countries ents tell us that we must invest in our coun- lence and my nephew sits in jail today, con- that are rapidly developing such as India and try’s future by funding increased access to victed of fatally shooting someone. China. The disclosures would also provide a high-quality early childhood education. I am sick and tired of shooting and the loss strong disincentive for multinationals to relo- And yet, time and time again, I hear from of innocent lives over and over again in our cate facilities abroad just to avoid disclosure the early education community in Hawaii that neighborhoods. or future regulation. even with more classrooms and more money, In Chicago, since the beginning of this Madam Speaker, in closing I would like to they could not make real progress toward school year alone, over 31 children have lost say that we need to accomplish something serving every family who wants to send their their life by violence, and the great majority this Congress to get us on the path toward children to preschool because they don’t have were killed with guns. mandatory emissions cuts. I truly hope that we enough qualified teachers. enact a strong cap and trade bill, but unfortu- We know that a highly qualified teacher This bill will assist law enforcement in track- nately the President has made quite clear that makes a huge difference for children. We owe ing the flow of guns and require those who he will veto any efforts to enact such legisla- it to them to have a teacher who knows what possess guns to be trained in gun safety, han- tion. If the President insists on such an unwise he or she is doing. Unfortunately, there are dling, and storage. decision I hope that at the very least he would strong economic barriers to increasing the The purpose of this bill is to restrict the consider backing the Greenhouse Gas Ac- number of qualified early education workers. availability of firearms to criminals, youth, and countability Act. Global warming is simply too When students are choosing a career, it is un- gang members, and to protect the public important for us to play politics with this issue. likely that they will decide to take on the thou- against the unreasonable risk of injury and f sands of dollars in educational debt for a job death associated with the unrecorded sale and that will pay so little. The average preschool transfer of guns. INTRODUCING THE EARLY CHILD- teacher makes less than janitors, secretaries, I know that the powerful gun lobby will at- HOOD EDUCATOR LOAN FOR- and many other workers with only a high tack this bill for restricting the availability of GIVENESS ACT OF 2007 school diploma. As the saying goes, ‘‘it just guns, but all of us who live in the inner cities doesn’t add up.’’ where our children and family members are HON. MAZIE K. HIRONO We can change the equation. We can start losing their lives on a weekly or daily basis un- OF HAWAII by providing loan forgiveness to students who derstand the need to implement a common IN THE HOUSE OF REPRESENTATIVES get a degree in early childhood education or a sense federal law that will inform law enforce- Monday, June 11, 2007 related field and then teach in low income ment of where the guns are and who is pos- Ms. HIRONO. Madam Speaker, I rise today communities, where the real need is, for 5 sessing them. to introduce the Early Childhood Educator years. This bill will do just that. This bill will implement the same type of Loan Forgiveness Act of 2007. Cost is not the only prohibitive factor for system that we have in place for licensing We have paid a lot of attention to reauthor- prospective early education teachers. In some drivers and registering cars. No sensible indi- izing the No Child Left Behind Act so far this places there are simply no training programs vidual can argue with the fact that with over year. One of the disturbing things we often available. Our teachers’ colleges are not pre- 200 million guns in the United States, we need hear in these discussions is how far behind pared to turn out the number of quality teach- a uniform system to keep track of these weap- our students are when compared with their ers we will need if we are to make a real in- ons. Mayors and law enforcement officials peers around the world. Another problem we vestment in early education. Further, even across the country have been calling for this have talked a lot about is the persistent with a more robust workforce, States would type of legislation for years and I hope that we achievement gap between well-off, White chil- not have the money they need to implement will be successful in making Blair’s Bill federal dren and everyone else in this country. high-quality early education standards, build law. Last month Speaker PELOSI hosted a Na- the facilities, and run the programs. I am work- Madam Speaker, the future of our children, tional Summit for America’s Children, where ing with Chairman MILLER and others on the our families, and our communities is at stake. we heard from leading child development ex- Education and Labor Committee to address I encourage my colleagues to join my efforts perts about the importance of providing high- these problems in other pieces of legislation. to increase accountability in our firearm policy But while we work on all the other issues, quality early education opportunities to boost and support H.R. 2666—the Blair Holt Firearm we cannot wait to pass this bill. It is a nec- success in school and in life. Licensing and Record of Sale Act of 2007. Science shows definitively that a majority of essary first step because its benefits will not brain development occurs in the first few years accrue immediately—training new teachers will f of life, and that influences—positive or nega- take time. tive—in these formative years can last a life- I urge my colleagues to support this bill so time. We were reminded at the summit that that we do not miss a chance to make real SENATE COMMITTEE MEETINGS ‘‘getting it right’’ in the early years is ‘‘far more progress toward closing the disturbing Title IV of Senate Resolution 4, advantageous than trying to fix things later.’’ achievement gaps our children face—both agreed to by the Senate on February 4, Kindergarten teachers know from first-hand amongst themselves and when compared with 1977, calls for establishment of a sys- experience what scientists know from their re- their peers around the world. tem for a computerized schedule of all search: Often when 5 year olds enter school, f meetings and hearings of Senate com- there is already a noticeable achievement gap INTRODUCTION OF THE BLAIR mittees, subcommittees, joint commit- between those students from more privileged tees, and committees of conference. backgrounds and those from disadvantaged HOLT FIREARM LICENSING AND RECORD OF SALE ACT OF 2007 This title requires all such committees households. to notify the Office of the Senate Daily Too often, working families cannot afford to Digest—designated by the Rules Com- send their children to a high quality preschool, HON. BOBBY L. RUSH mittee—of the time, place, and purpose so the youngsters end up spending their form- OF ILLINOIS of the meetings, when scheduled, and ative years in the care of family members— IN THE HOUSE OF REPRESENTATIVES any cancellations or changes in the often untrained in early childhood develop- meetings as they occur. ment. The resulting hours in front of a tele- Monday, June 11, 2007 vision certainly do not stimulate the positive Mr. RUSH. Madam Speaker, today I intro- As an additional procedure along neural activity needed for healthy brain devel- duce the Blair Holt Firearm Licensing and with the computerization of this infor- opment. Record of Sale Act of 2007. mation, the Office of the Senate Daily Not only does this experience limit the I introduce this bill in tribute to a brave Digest will prepare this information for child’s potential for success in school, it also young hero, Blair Holt, who sacrificed his life printing in the Extensions of Remarks hurts our country. Children without a high in an attempt to protect the life of a friend. section of the CONGRESSIONAL RECORD quality early education experience are less Blair was fatally shot and killed by a young on Monday and Wednesday of each likely to contribute to the economy, more likely man possessing a deadly firearm and a reck- week. to commit crimes, and more likely to experi- less disregard for human life. Meetings scheduled for Tuesday, ence poverty and the poor health that goes Madam Speaker, the proliferation of guns in June 12, 2007 may be found in the Daily with it. our community impacts us all. My son lost his Digest of today’s RECORD.

VerDate Aug 31 2005 06:13 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00031 Fmt 0626 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\E11JN7.REC E11JN7 mmaher on PROD1PC70 with CONG-REC-ONLINE E1260 CONGRESSIONAL RECORD — Extensions of Remarks June 11, 2007 MEETINGS SCHEDULED fairs, and Related Agencies for the fis- cuit, and possible authorization of sub- cal year ending September 30, 2008. poenas in connection with the inves- JUNE 13 SD–124 tigation of the legal basis for the 9:30 a.m. Rules and Administration warrantless wiretap program. Veterans’ Affairs To hold hearings to examine nomina- SD–226 To hold an oversight hearing to examine tions to the Federal Election Commis- Joint Economic Committee Department of Veterans Affairs, De- sion. To hold hearings to examine importing partment of Defense, and Department SR–301 success, focusing on work-family poli- of Labor cooperation on employment 2 p.m. cies from aboard make economic sense issues. Foreign Relations for the United States. SD–562 To hold hearings to examine the nomina- SH–216 10 a.m. tions of Anne Woods Patterson, of Vir- 2 p.m. Homeland Security and Governmental Af- ginia, to be Ambassador to the Islamic Appropriations fairs Republic of Pakistan, Nancy J. Powell, Business meeting to markup proposed Business meeting to consider S. 1257, to of Iowa, to be Ambassador to Nepal, legislation making appropriations for provide the District of Columbia a vot- Joseph Adam Ereli, of the District of Military Construction, Veterans Af- ing seat and the State of Utah an addi- Columbia, to be Ambassador to the fairs, and Homeland Security for the tional seat in the House of Representa- Kingdom of Bahrain, Richard Boyce fiscal year ending September 30, 2008. tives, S. 274, to amend chapter 23 of Norland, of Iowa, to be Ambassador to SD–106 title 5, United States Code, to clarify the Republic of Uzbekistan, and Ste- 2:30 p.m. the disclosures of information pro- phen A. Seche, of Virginia, to be Am- Intelligence tected from prohibited personnel prac- bassador to the Republic of Yemen. To hold closed hearings to examine cer- tices, require a statement in nondisclo- SD–419 tain intelligence matters. sure policies, forms, and agreements Appropriations SH–219 that such policies, forms, and agree- Homeland Security Subcommittee ments conform with certain disclosure Business meeting to markup proposed JUNE 19 protections, provide certain authority legislation making appropriations for 9:30 a.m. for the Special Counsel, H.R. 1254, to Homeland Security for the fiscal year Homeland Security and Governmental Af- amend title 44, United States Code, to ending September 30, 2008. fairs require informationon contributors to S–128, Capitol To hold hearings to examine the Juvenile Presidential library fundraising organi- Diabetes Research Foundation and the zations, S. Res. 22, reaffirming the con- JUNE 14 federal government, focusing on a stitutional and statutory protections 9:30 a.m. model public-private partnership accel- accorded sealed domestic mail, S. 967, Armed Services erating research toward a cure. to amend chapter 41 of title 5, United Business meeting to markup an original SD–106 States Code, to provide for the estab- bill entitled ‘‘Dignified Treatment of 10 a.m. lishment and authorization of funding Wounded Warriors Act’’. Judiciary for certain training programs for su- SR–325 To hold hearings to examine rising crime pervisors of Federal employees, S. 1046, Small Business and Entrepreneurship in the aftermath of Hurricane Katrina. to modify pay provisions relating to To hold hearings to examine the impact SD–226 certain senior-level positions in the of rising gas prices on America’s small Federal Government, S. 1099, to amend businesses. JUNE 20 chapter 89 of title 5, United States SR–428A 2:30 p.m. Code, to make individuals employed by 10 a.m. Judiciary the Roosevelt Campobello Inter- Commerce, Science, and Transportation To hold hearings to examine pending ju- national Park Commission eligible to To hold hearings to examine public safe- dicial nominations. obtain Federal health insurance, S. 597, ty and competition issues, focusing on SD–226 to extend the special postage stamp for the 700MHz auction. breast cancer research for 2 years, H.R. SR–253 JUNE 26 1255, and S. 886, bills to amend chapter Judiciary 10 a.m. 22 of title 44, United States Code, popu- Business meeting to consider S. 535, to Judiciary larly known as the Presidential establish an Unsolved Crimes Section To hold hearings to examine pending ex- Records Act, to establish procedures in the Civil Rights Division of the De- ecutive nomination. for the consideration of claims of con- partment of Justice, and an Unsolved SD–226 stitutionally based privilege against Civil Rights Crime Investigative Office disclosure of Presidential records, and in the Civil Rights Unit of the Federal JUNE 27 S. 381, to establish a fact-finding Com- Bureau of Investigation, S. 456, to in- mission to extend the study of a prior crease and enhance law enforcement 9:30 a.m. Commission to investigate and deter- resources committed to investigation Veterans’ Affairs mine facts and circumstances sur- and prosecution of violent gangs, to Business meeting to markup pending leg- rounding the relocation, internment, deter and punish violent gang crime, to islation. and deportation to Axis countries of protect law-abiding citizens and com- SD–562 Latin Americans of Japanese descent munities from violent criminals, to re- POSTPONEMENTS from December 1941 through February vise and enhance criminal penalties for 1948, and the impact of those actions by violent crimes, to expand and improve the United States, and to recommend gang prevention programs, S. 1145, to JUNE 13 appropriate remedies. amend title 35, United States Code, to 10 a.m. SD–342 provide for patent reform, S. Res. 105, Health, Education, Labor, and Pensions Appropriations designating September 2007 as ‘‘Cam- Business meeting to consider original Military Construction and Veterans’ Af- pus Fire Safety Month’’, S. Res. 215, bills entitled, ‘‘The Higher Education fairs, and Related Agencies Sub- designating September 25, 2007, as ‘‘Na- Access Reconciliation Act’’, and ‘‘The committee tional First Responder Appreciation Higher Education Amendments of Business meeting to markup proposed Day’’, the nomination of Leslie South- 2007’’, and other pending calendar busi- legislation making appropriations for wick, of Mississippi, to be United ness. Military Construction, Veterans Af- States Circuit Judge for the Fifth Cir- SD–628

VerDate Aug 31 2005 06:13 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00032 Fmt 0626 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\E11JN7.REC E11JN7 mmaher on PROD1PC70 with CONG-REC-ONLINE Monday, June 11, 2007 Daily Digest Senate a Strategic Energy Efficiency and Renewables Re- Chamber Action serve to invest in alternative energy. Routine Proceedings, pages S7417–S7495 Pages S7426–32, S7442 Measures Introduced: Six bills and one resolution During consideration of this measure today, Senate were introduced, as follows: S. 1585–1590, and S. also took the following action: Res. 230. Page S7451 By a unanimous vote of 91 yeas (Vote No. 208), three-fifths of those Senators duly chosen and sworn, Measures Reported: having voted in the affirmative, Senate agreed to the S. 457, to extend the date on which the National motion to close further debate on the motion to pro- Security Personnel System will first apply to certain ceed to consideration of the bill. Page S7442 defense laboratories. (S. Rept. No. 110–79) A unanimous-consent agreement was reached pro- Page S7451 viding for further consideration of the motion to Measures Passed: proceed to consideration of the bill at approximately 30th Anniversary of ASEAN–United States 11 a.m., on Tuesday, June 12, 2007 and that all Dialogue and Relationship: Senate agreed to S. Res. time during morning business and any adjournment 110, expressing the sense of the Senate regarding the or recess count post-cloture; provided further, that at 30th Anniversary of ASEAN–United States dialogue 2:15 p.m., Senate agree to the motion to proceed to consideration of the bill and then begin consider- and relationship. Page S7494 ation of the bill. Page S7495 Memorializing Fallen Firefighters: Senate agreed to S. Res. 171, memorializing fallen firefighters by Nominations Received: Senate received the fol- lowering the United States flag to half-staff on the lowing nominations: day of the National Fallen Firefighter Memorial Thomas J. Barrett, of Alaska, to be Deputy Sec- retary of Transportation. Service in Emmitsburg, Maryland. Pages S7494–95 2 Air Force nominations in the rank of general. Measures Considered: 1 Army nomination in the rank of general. Attorney General Gonzales Sense of the Senate: 1 Marine Corps nomination in the rank of general. Senate resumed consideration of the motion to pro- 1 Navy nomination in the rank of admiral. ceed to consideration of S.J. Res. 14, expressing the Page S7495 sense of the Senate that Attorney General Alberto Nomination Withdrawn: Senate received notifica- Gonzales no longer holds the confidence of the Sen- tion of withdrawal of the following nomination: ate and of the American people. Pages S7432–41 Michael J. Burns, of New Mexico, to be Assistant During consideration of this measure today, Senate to the Secretary of Defense for Nuclear and Chemical also took the following action: and Biological Defense Programs, which was sent to By 53 yeas to 38 nays, 1 voting present (Vote No. the Senate on January 9, 2007. Page S7495 207), three-fifths of those Senators duly chosen and Executive Communications: Page S7450 sworn, not having voted in the affirmative, Senate rejected the motion to close further debate on the Petitions and Memorials: Pages S7450–51 resolution. Page S7441 Additional Cosponsors: Pages S7451–54 Clean Energy Act: Senate resumed consideration of Statements on Introduced Bills/Resolutions: the motion to proceed to consideration of H.R. 6, to Pages S7454–59 reduce our Nation’s dependency on foreign oil by in- Additional Statements: Pages S7446–49 vesting in clean, renewable, and alternative energy resources, promoting new emerging energy tech- Amendments Submitted: Pages S7459–94 nologies, developing greater efficiency, and creating Notices of Hearings/Meetings: Page S7494 D799

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Privileges of the Floor: Page S7494 June 12, 2007. (For Senate’s program, see the re- Record Votes: Two record votes were taken today. marks of the Acting Majority Leader in today’s Record on page S7495.) (Total—208) Pages S7441–42 Adjournment: Senate convened at 2 p.m. and ad- journed at 7:02 p.m., until 10:00 a.m. on Tuesday, Committee Meetings No committee meetings were held. House of Representatives Lake Sidney Lanier, Georgia: H. Res. 354, to rec- Chamber Action ognize the year 2007 as the official 50th anniversary Public Bills and Resolutions Introduced: 27 pub- celebration of the beginnings of marinas, power pro- lic bills, H.R. 2639–2640, 2644–2668; and 5 reso- duction, recreation, and boating on Lake Sidney La- lutions, H. Con. Res. 167; and H. Res. 474–477, nier, Georgia; Pages H6186–87 were introduced. Pages H6234–35 Recognizing the 40th anniversary of Loving v. Additional Cosponsors: Pages H6235–36 Virginia legalizing interracial marriage within Reports Filed: Reports were filed today as follows: the United States: H. Res. 431, to recognize the H. Res. 473, providing for consideration of the 40th anniversary of Loving v. Virginia legalizing bill (H.R. 2638) making appropriations for the De- interracial marriage within the United States; partment of Homeland Security for the fiscal year Pages H6187–89 ending September 30, 2008 (H. Rept. 110–184); Amending title 4, United States Code, to en- H.R. 2641, making appropriations for energy and courage the display of the flag of the United States water development and related agencies for the fiscal on Father’s Day: H.R. 2356, to amend title 4, year ending September 30, 2008 (H. Rept. United States Code, to encourage the display of the 110–185); flag of the United States on Father’s Day, by a 2⁄3 H.R. 2642, making appropriations for military yea-and-nay vote of 386 yeas with none voting construction, the Department of Veterans Affairs, ‘‘nay’’, Roll No. 448; Pages H6189–92, H6204–05 and related agencies for the fiscal year ending Sep- tember 30, 2008 (H. Rept. 110–186); Supporting the ideals and values of the Olympic H.R. 2643, making appropriations for the Depart- movement: H. Res. 395, to support the ideals and ment of the Interior, environment, and related agen- values of the Olympic movement; Pages H6192–94 cies for the fiscal year ending September 30, 2008 Providing that the Executive Director of the (H. Rept. 110–187); and Inter-American Development Bank or the Alter- H.R. 251, to amend the Communications Act of nate Executive Director of the Inter-American De- 1934 to prohibit manipulation of caller identifica- velopment Bank may serve on the Board of Direc- tion information, with an amendment (H. Rept. tors of the Inter-American Foundation: S. 676, to 110–188). Page H6234 provide that the Executive Director of the Inter- Speaker: Read a letter from the Speaker wherein she American Development Bank or the Alternate Exec- appointed Representative Hirono to act as Speaker utive Director of the Inter-American Development Pro Tempore for today. Page H6185 Bank may serve on the Board of Directors of the 2 Recess: The House recessed at 12:35 p.m. and re- Inter-American Foundation, by a ⁄3 yea-and-nay vote of 386 yeas to 1 nay, Roll No. 449—clearing convened at 2 p.m. Page H6185 the measure for the President; Pages H6194, H6205 Election of committee to attend the funeral of the late Honorable Craig Thomas: The Chair an- Recognizing and welcoming the delegation of nounced the Speaker’s appointment of Representative Presidents, Prime Ministers, and Foreign Min- Cubin to the committee to attend the funeral of the isters from the Caribbean to Washington, D.C., and commending the Caribbean Community late Honorable Craig Thomas. Page H6186 (CARICOM) for holding the Conference on the Suspensions: The House agreed to suspend the rules Caribbean: H. Res. 418, to recognize and welcome and pass the following measures: the delegation of Presidents, Prime Ministers, and Recognizing the year 2007 as the official 50th Foreign Ministers from the Caribbean to Wash- anniversary celebration of the beginnings of mari- ington, D.C., and to commend the Caribbean Com- nas, power production, recreation, and boating on munity (CARICOM) for holding the Conference on

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the Caribbean, by a 2⁄3 yea-and-nay vote of 386 yeas with none voting ‘‘nay’’, Roll No. 450; Committee Meetings Pages H6194–98, H6205–06 FINANCIAL SERVICES AND GENERAL Recognizing the strong alliance between the Re- GOVERNMENT APPROPRIATIONS FISCAL public of Korea and the United States and express- YEAR 2008 ing appreciation to the Republic of Korea for its Committee on Appropriations: Ordered reported as efforts in the global war against terrorism: H. Res. amended, the Financial Services and General Govern- 295, amended, to recognize the strong alliance be- ment Appropriations for Fiscal Year 2008. tween the Republic of Korea and the United States and to express appreciation to the Republic of Korea COMMERCE, JUSTICE, SCIENCE, AND for its efforts in the global war against terrorism; RELATED AGENCIES APPROPRIATIONS Pages H6198–H6200 FISCAL YEAR 2008 Agreed to amend the title so as to read: ‘‘Recog- Committee on Appropriations: Subcommittee on Com- nizing the strong alliance between the Republic of merce, Justice, Science, and Related Agencies ap- Korea and the United States and expressing appre- proved for full Committee action the Commerce, ciation to the Republic of Korea for its contributions Justice, Science, and Related Agencies Appropria- to international efforts to combat terrorism.’’. tions for Fiscal Year 2008. Page H6200 TRANSPORTATION, AND HUD, AND Recognizing John Pehle for his contributions to RELATED AGENCIES APPROPRIATIONS the Nation in helping rescue Jews and other mi- FISCAL YEAR 2008 norities from the Holocaust during World War II: H. Res. 226, amended, to recognize John Pehle for Committee on Appropriations: Subcommittee on Trans- his contributions to the Nation in helping rescue portation, and Housing and Urban Development, Jews and other minorities from the Holocaust during and Related Agencies approved for full Committee action the Transportation, and Housing and Urban World War II; and Pages H6200–02 Agreed to amend the title so as to read: ‘‘Recog- Development, and Related Agencies Appropriations for Fiscal Year 2008 nizing American government officials who played a critical role in the creation and activity of the War HOMELAND SECURITY APPROPRIATIONS Refugee Board in an effort to help rescue Jews and FISCAL YEAR 2008 other persecuted minorities during the Holocaust.’’. Committee on Rules: Granted, by a vote of 10 to 0, Page H6202 an open rule providing for consideration of the bill Stop Arming Iran Act: H.R. 1441, amended, to (H.R. 2638) making appropriations for the Depart- prohibit the sale by the Department of Defense of ment of Homeland Security for the fiscal year ending parts for F–14 fighter aircraft. Pages H6202–04 September 30, 2008. The rule provides for 1 hour Agreed to amend the title so as to read: ‘‘To of general debate equally divided and controlled by strengthen controls on the export of surplus parts for the chairman and ranking minority member of the F–14 fighter aircraft.’’. Page H6204 Committee on Appropriations. Advisory Committee on the Records of Con- The bill shall be considered as read. The rule gress—Appointment: Read a letter from the Clerk waives all points of order against consideration of the of the House wherein she appointed Mr. Bernard bill except those arising under clause 9 or 10 of rule Forrester of Houston, Texas to the Advisory Com- XXI. The rule waives points of order against provi- sions in the bill for failure to comply with clause 2 mittee on the Records of Congress. Page H6204 of rule XXI. During consideration of the bill for Recess: The House recessed at 4:02 p.m. and recon- amendment, the Chairman of the Committee of the vened at 6:31 p.m. Page H6204 Whole may accord priority in recognition on the Amendments: Amendments ordered printed pursu- basis of whether the Member offering an amendment ant to the rule appear on pages H6236–40. has caused it to be printed in the Congressional Record. The rule provides one motion to recommit Quorum Calls—Votes: Three yea-and-nay votes de- with or without instructions. Finally, the rule per- veloped during the proceedings of today and appear mits the Chair, during consideration of the bill in on pages H6204–05, H6205 and H6206. There the House, to postpone further consideration to a were no quorum calls. time designated by the Speaker. Testimony was Adjournment: The House met at 12:30 p.m. and heard from Representatives Price of North Carolina adjourned at 10:50 p.m. and Rogers of Kentucky.

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Subcommittee on Oversight and Investigation and the D’Agostino, of Maryland, to be Under Secretary for Nu- Subcommittee on Management, Investigations and Over- clear Security, Department of Energy and Administrator sight of the Committee on Homeland Security, joint of the National Nuclear Security Administration, and Mi- hearing on National Flood Insurance Program: Issues Ex- chael G. Vickers, of California, to be an Assistant Sec- posed by the 2005 Hurricanes, 2:30 p.m., 2128 Rayburn. retary of Defense for Special Operations and Low-Inten- Committee on the Judiciary, Subcommittee on Commer- sity Conflict, 9:30 a.m., SD–106. cial and Administrative Law, hearing on the Mandatory Committee on Commerce, Science, and Transportation: to Arbitration Agreements: Are They Fair For Consumers? hold hearings to examine the Universal Service Fund, fo- 10:30 a.m., 2237 Rayburn. cusing on assessing the recommendations of the Federal- Subcommittee on the Constitution, Civil Rights, and State Joint Board, 10 a.m., SR–253. Civil Liberty Liberties and the Subcommittee on Crime, Committee on Environment and Public Works: to hold hear- Terrorism, and Homeland Security, joint hearing on H.R. ings to examine the health affects of asbestos, focusing on 923, Emmett Till Unsolved Civil Rights Crime Act, 10 methods of mitigating such impacts, 10 a.m., SD–406. a.m., 2141 Rayburn. Committee on Finance: to hold hearings to examine trade Subcommittee on the Constitution, Civil Rights, and enforcement for a 21st century economy, 10 a.m., Civil Liberties, to mark up H.R. 923, Emmett Till Un- SD–215. solved Civil Rights Crime Act, immediately following Committee on Foreign Relations: Subcommittee on Inter- national Development and Foreign Assistance, Economic joint hearing, 2141 Rayburn. Affairs and International Environmental Protection, to Subcommittee on Crime, Terrorism, and Homeland Se- hold hearings to examine the efficacy of the Foreign As- curity, to mark up H.R. 2286, Bail Bond Fairness Act sistance Reform, focusing on successes, failures, and the of 2007, 9:45 a.m., 2141 Rayburn. next steps; to be followed immediately by a full com- Committee on Natural Resources, Subcommittee on Water mittee hearing to examine the nomination of Reuben and Power, to mark up the following bills: H.R. 31, Jeffery III, to be Under Secretary of State for Economic, Elisnore Valley Municipal Water District Wastewater and Energy and Agricultural Affairs, 2:30 p.m., SD–419. Recycled Water Facilities Act of 2007; H.R. 716, Santa Committee on Homeland Security and Governmental Affairs: Rosa Urban Water Reuse Plan Act; H.R. 1462, Platte Subcommittee on Oversight of Government Management, River Recovery Implementation Program and Pathfinder the Federal Workforce, and the District of Columbia, to Modification Authorization Act; H.R. 1503, Avra/Black hold hearings to examine assessing telework policies and Wash Reclamation and Riparian Restoration Project; initiatives in the federal government, 2:30 p.m., SD–562. H.R. 1526, Bay Area Regional Water Recycling Program Select Committee on Intelligence: to hold hearings to exam- Authorization Act of 2007; and H.R. 1725, Rancho Cali- ine terrorist ideology, 2:30 p.m., SH–216. fornia Water District Recycled Water Reclamation Facil- ity Act of 2007, 10 a.m., 1324 Longworth. House Committee on Oversight and Government Reform, to mark Committee on Appropriations, to consider the following: up the following: H.R. 2635, to reduce the Federal Gov- Revised Suballocation of Budget Allocations, Fiscal Year ernment’s contribution to global warming through meas- 2008; and the following Appropriations for Fiscal Year ures that promote efficiency in the Federal Government’s 2008; the State, Foreign Operations, and Related Pro- management and operations; H.R. 404, Federal Customer grams; and the Legislative Branch, 9 a.m., 2359 Rayburn. Service Enhancement Act; H. Con. Res. 142, Expressing Committee on Armed Services, Subcommittee on Oversight the sense of the Congress that there should be established and Investigations, hearing on the development of the a National Pet Week; H.R. 2570. To designate the facil- Iraqi Security Forces, 9 a.m., 2118 Rayburn. ity of the United States Postal Service located at 301 Committee on Education and Labor, hearing entitled ‘‘Jus- Boardwalk Drive in Fort Collins, Colorado, as the ‘‘Dr. tice Denied? The Implications of the Supreme Court’s Karl E. Carson Post Office Building;’’ and H.R. 2563, To Ledbetter v. Goodyear Employment Discrimination Deci- designate the facility of the United States Postal Service sion,’’ 1:30 p.m., 2175 Rayburn. located at 309 East Linn Street in Marshalltown, Iowa, as Committee on Energy and Commerce, Subcommittee on the ‘‘Major Scott Nisely Post Office,’’ 10 a.m., 2154 Ray- Health, hearing on Discussion Drafts concerning Prescrip- burn. tion Drug User Fee Act Reauthorization, Medical Device User Fee and Modernization Act Reauthorization, Drug

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Committee on Rules, to consider the following: the En- Subcommittee on Railroads, Pipelines and Hazardous ergy and Water Development, and Related Agencies Ap- Materials, hearing on Amtrak Strategic Initiatives, 2 propriations for Fiscal Year 2008; and the Military Con- p.m., 2167 Rayburn. struction, Veterans Affairs and Related Agencies Appro- Committee on Veterans’ Affairs, Subcommittee on Over- priations Fiscal Year 2008, 2 p.m., H–313 Capitol. sight and Investigations, hearing on the process of award- Committee on Science and Technology, hearing on the ing SES bonuses at the Department of Veterans’ Affairs, Globalization of R&D and Innovation, 1 p.m., 2318 Ray- 2 p.m., 334 Cannon. burn. Committee on Ways and Means, Subcommittee on Health, Subcommittee on Investigations and Oversight, hearing hearing on Strategies to Increase Information on Com- on the duPont Aerospace DP–2 Aircraft, 9:30 a.m., 2318 parative Clinical Effectiveness, 10 a.m., 1100 Longworth. Rayburn. Permanent Select Committee on Intelligence, Subcommittee Committee on Transportation and Infrastructure, Sub- on Terrorism, Human Intelligence, Analysis and Counter- committee on Coast Guard and Maritime Transportation, intelligence, executive, hearing on Chemical/Biological hearing on Deepwater: 120-Day Update, 11 a.m., 2167 Terrorism: Overseas Threats, 10 a.m., H–405 Capitol. Subcommittee on Intelligence Community Manage- Rayburn. ment, executive, briefing on ICM, 1:30 p.m., H–405 Capitol.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Tuesday, June 12 9 a.m., Tuesday, June 12

Senate Chamber House Chamber Program for Tuesday: After the transaction of any morning Program for Tuesday: Consideration of the following suspen- business (not to extend beyond 60 minutes), Senate will con- sions: (1) H.R. 2358—Native American $1 Coin Act; (2) H. tinue consideration to the motion to proceed to the consider- Res. 329—Congratulating the Barton College men’s basketball ation of H.R. 6, CLEAN Energy Act. team for winning the 2007 NCAA Division II Men’s Basket- (Senate will recess from 12:30 p.m. until 2:15 p.m. for their re- ball National Championship; (3) H.R. 2637—To amend the spective party conferences.) Fair Labor Standards Act, with respect to civil penalties for child labor violations; (4) H. Res. 474—Recognizing the im- measurable contributions of fathers in the healthy development of children, supporting responsible fatherhood, and encouraging greater involvement of fathers in the lives of their children, es- pecially on Father’s Day; and (5) H. Res. 455—Supporting the goals and ideals of National Internet Safety Month. Consider- ation of H.R. 2638—Department of Homeland Security Ap- propriations Act, 2008 (Subject to a Rule).

Extensions of Remarks, as inserted in this issue

HOUSE Dingell, John D., Mich., E1255 McCollum, Betty, Minn., E1230, E1232 Schiff, Adam B., Calif., E1236 Donnelly, Joe, Ind., E1250, E1254 McGovern, James P., Mass., E1245 Sessions, Pete, Tex., E1253 Ackerman, Gary L., N.Y., E1256 Duncan, John J., Jr., Tenn., E1255 McHugh, John M., N.Y., E1258 Shimkus, John, Ill., E1248 Baca, Joe, Calif., E1241 Edwards, Chet, Tex., E1246 Matsui, Doris O., Calif., E1253 Shuster, Bill, Pa., E1240 Bachmann, Michele, Minn., E1248 Emanuel, Rahm, Ill., E1240 Meek, Kendrick B., Fla., E1254 Slaughter, Louise McIntosh, N.Y., Bartlett, Roscoe G., Md., E1253 Engel, Eliot L., N.Y., E1258 Moore, Gwen, Wisc., E1244, E1252 E1236, E1240 Boehner, John A., Ohio, E1255 Farr, Sam, Calif., E1242, E1245 Murphy, Christopher S., Conn., E1235, Burgess, Michael C., Tex., E1231, E1249 Fattah, Chaka, Pa., E1258 E1238, E1242, E1244 Spratt, John M., Jr., S.C., E1234 Capps, Lois, Calif., E1257 Garrett, Scott, N.J., E1248 Murphy, Patrick J., Pa., E1246 Stark, Fortney Pete, Calif., E1233, Castle, Michael N., Del., E1251, E1252 Graves, Sam, Mo., E1248, E1249, E1249, Murtha, John P., Pa., E1232 E1255 Clyburn, James E., S.C., E1236 E1249, E1249, E1250, E1250, E1250 Nadler, Jerrold, N.Y., E1254 Stupak, Bart, Mich., E1247 Costa, Jim, Calif., E1229, E1231, E1233 Herseth, Stephanie, S.D., E1256 Norton, Eleanor Holmes, D.C., E1240, Tauscher, Ellen O., Calif., E1251, E1252 Costello, Jerry F., Ill., E1256 Hirono, Mazie K., Hawaii, E1246, E1259 E1243 Udall, Mark, Colo., E1230, E1237 Courtney, Joe, Conn., E1236, E1256 Holt, Rush D., N.J., E1245 Paul, Ron, Tex., E1237 Udall, Tom, N.M., E1235, E1243 Cramer, Robert E. (Bud), Jr., Ala., Hoyer, Steny H., Md., E1235 Rahall, Nick J., II, W.Va., E1243 Walsh, James T., N.Y., E1250 E1242 Hunter, Duncan, Calif., E1233 Rangel, Charles B., N.Y., E1257 Wasserman Schultz, Debbie, Fla., E1247 Davis, Susan A., Calif., E1241, E1246 Jackson-Lee, Sheila, Tex., E1241, E1246, Rogers, Mike, Ala., E1257 Davis, Tom, Va., E1229, E1232, E1234, E1248, E1250, E1252 Rothman, Steven R., N.J., E1254 Waters, Maxine, Calif., E1244 E1239 Johnson, Eddie Bernice, Tex., E1254 Roybal-Allard, Lucille, Calif., E1247 Woolsey, Lynn C., Calif., E1230, E1232, DeGette, Diana, Colo., E1229, E1231 Lewis, Ron, Ky., E1251 Rush, Bobby L., Ill., E1259 E1234, E1249 Diaz-Balart, Lincoln, Fla., E1257 McCarthy, Kevin, Calif., E1233 Ryan, Paul, Wisc., E1229, E1232

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