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

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

Vol. 153 WASHINGTON, TUESDAY, OCTOBER 30, 2007 No. 166 House of Representatives PRAYER lic for which it stands, one nation under God, indivisible, with liberty and justice for all. The House met at 9 a.m. and was The Chaplain, the Reverend Daniel P. called to order by the Speaker pro tem- Coughlin, offered the following prayer: f pore (Mr. SIRES). Lord God, we seek Your guidance and EFFECTS OF ALTERNATIVE f protection; yet, we are often reluctant MINIMUM TAX to bend to Your ways. Help us to under- DESIGNATION OF SPEAKER PRO (Mr. ISRAEL asked and was given stand the patterns of Your creative TEMPORE permission to address the House for 1 hand. In the miracle of life and the minute and to revise and extend his re- The SPEAKER pro tempore laid be- transformation to light, You show us marks.) fore the House the following commu- Your awesome wonder. Both the chang- Mr. ISRAEL. Madam Speaker, one of nication from the Speaker: ing seasons and the dawning of each the greatest financial assaults on WASHINGTON, DC, day reveal for us Your subtle but con- America’s middle class is the alter- October 30, 2007. sistent movement during every mo- native minimum tax. Originally, it was I hereby appoint the Honorable ALBIO ment of life. SIRES to act as Speaker pro tempore on this meant to ensure that several dozen of Without a screeching halt or sudden day. the richest families in America paid curtain, You change darkness into NANCY PELOSI, their fair share of taxes, but it wasn’t light and provide a new day. Only week Speaker of the House of Representatives. indexed for inflation, so it’s robbing after week does Mother Earth strip f middle class taxpayers, like our union herself and then blanket herself for members, our cops, firefighters, teach- MORNING-HOUR DEBATE winter. Guide us to imitate Your silent ers and nurses. Now, after too long, fi- but relentless plan of transcendence. The SPEAKER pro tempore. Pursu- nally a real effort at reform is devel- Through the gradual building of con- ant to the order of the House of Janu- oping. sensus and the hard work toward re- ary 4, 2007, the Chair will now recog- The Ways and Means Committee ma- sponsible transition, may Your people nize Members from lists submitted by jority has unveiled a repeal of the all over the globalized world tire of the majority and minority leaders for AMT. Now, it’s too early for me to say competition and war and awaken to morning-hour debate. that I agree with every single element new ways of interdependence and The Chair will alternate recognition of this proposal. I am convening a peace. between the parties, with each party panel of experts to assess it. But I am For this we pray, now and forever. limited to 25 minutes and each Mem- pleased that finally we are seriously Amen. ber, other than the majority and mi- addressing this middle-class rip-off. I nority leaders and the minority whip, f want to thank Chairman RANGEL. I limited to 5 minutes, but in no event THE JOURNAL hope to work closely with him in shall debate continue beyond 9:50 a.m. achieving real reform and real relief f The SPEAKER pro tempore. The for America’s working families and Chair has examined the Journal of the RECESS middle-class taxpayers. last day’s proceedings and announces f The SPEAKER pro tempore. Pursu- to the House her approval thereof. ant to clause 12(a) of rule I, the Chair Pursuant to clause 1, rule I, the Jour- R&D TAX CREDIT declares the House in recess until 10 nal stands approved. (Mr. ROSKAM asked and was given a.m. today. f permission to address the House for 1 Accordingly (at 9 o’clock and 3 min- minute.) utes a.m.), the House stood in recess PLEDGE OF ALLEGIANCE Mr. ROSKAM. Madam Speaker, I rise until 10 a.m. The SPEAKER pro tempore. Will the today to raise awareness of the immi- f gentleman from Louisiana (Mr. nent need for Congress to extend and b 1000 BOUSTANY) come forward and lead the make permanent the research and de- House in the Pledge of Allegiance. velopment tax credit. The R&D tax AFTER RECESS Mr. BOUSTANY led the Pledge of Al- credit is set to expire at the end of this The recess having expired, the House legiance as follows: year. At a time of increasing was called to order by the Speaker pro I pledge allegiance to the Flag of the globalization, America’s prosperity de- tempore (Mrs. TAUSCHER) at 10 a.m. United States of America, and to the Repub- pends more than ever on its capacity to

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

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VerDate Aug 31 2005 03:40 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\H30OC7.REC H30OC7 mmaher on MIKETEMP with CONG-REC-ONLINE H12158 CONGRESSIONAL RECORD — HOUSE October 30, 2007 innovate. For decades, our Nation’s on the leading edge of technology and auto manufacturers spend $20 billion a leadership in research has led to dis- innovation will our competitive edge year on research and development, and coveries that have dramatically im- stay sharp. Our competitive advantage such investment and innovation among proved living standards around the will diminish unless our companies American automakers should be en- world and given rise to new industries have the ability to perform research couraged. that have in turn created millions of and develop the technology improve- One positive step Congress can imme- new jobs. ments that keep America out front. diately take to continue similar inno- Other countries are well aware of the That is why we need a permanent R&D vation is to make permanent the re- significant economic benefits that flow tax credit. search and development tax credit. from R&D activities, and many have One recent study found that R&D This legislation would keep high-tech, created strong tax incentives designed credit teases out nearly $3 of additional high-paying jobs in America by main- to attract R&D investment around the R&D investment for every $1 of taxes taining important incentives and en- world. In fact, 10,000 American compa- companies can deduct. In addition, it able American companies to grow, be- nies will be able to take advantage of has been estimated that more than come more competitive globally, and the permanency of the R&D tax credit. three-quarters of R&D tax credit dol- ultimately result in additional high- In my district alone, small and medium lars are used for the compensation of paying American jobs. manufacturers, technology companies employees who work in U.S.-based re- I urge my colleagues to support H.R. and leading research institutions will search and development. 2138, the research and development tax greatly benefit from this tax credit. In my home State of Idaho, roughly credit, and encourage further invest- Let’s not play politics with the life- 35,000 people are employed in the high- ment and growth in our great Nation. blood of our economy. Let’s join to- tech industry. The companies where f gether, both sides of the aisle, to ex- they work depend on the best possible DEMOCRATS MAKE CHANGES TO tend the R&D tax credit. research and development. It is hard ADDRESS REPUBLICAN CON- for firms to plan for future growth f CERNS AND IT IS STILL NOT when a key tax credit is destined to ex- SPENDING FOR CHIP VERSUS ENOUGH pire at the end of the year. SPENDING IN IRAQ—THIS IS A Madam Speaker, it is time to make (Ms. LORETTA SANCHEZ of Cali- QUESTION OF PRIORITIES the R&D tax credit permanent. fornia asked and was given permission (Mr. BRALEY of Iowa asked and was f to address the House for 1 minute.) given permission to address the House Ms. LORETTA SANCHEZ of Cali- for 1 minute and to revise and extend SCHIP VERSUS SPENDING IN IRAQ fornia. Madam Speaker, the children’s his remarks.) (Mr. SARBANES asked and was given health insurance legislation passed by Mr. BRALEY of Iowa. Madam Speak- permission to address the House for 1 the House last month was a bipartisan er, the American people agree with the minute and to revise and extend his re- bill that provided health care coverage Democratic Congress: It is time to marks.) to 10 million American children. Al- begin responsibly redeploying our Mr. SARBANES. Madam Speaker, though it received overwhelming sup- troops from Iraq and investing much- once again, we have a vivid, vivid export from the American people, from 43 needed funds here at home. Instead of ample of this President’s misplaced Governors, and a veto-proof majority beginning to spend less money in Iraq, priorities. Earlier this month, the in the Senate, the majority of House the President is once again asking Con- President vetoed the Children’s Health Republicans rejected it and said they gress to do more; a lot more. Insurance Program, which would have had specific concerns. Just last week, President Bush in- extended private health insurance cov- To address their concerns, House creased his request for additional Iraq erage to 10 million children in this Democrats met with Republicans and funding to a total of $189 billion next country at a reasonable investment of introduced a revised SCHIP bill last year, bringing the total cost for the $35 billion over a 5-year period. It costs week. We clarified three key points. war so far to over $800 billion. Yet, the too much, the President said. We can’t One, there wasn’t any possibility of President has never proposed any way afford it. Yet, last week the President higher income families being eligible; to offset this massive spending; in- requested additional funding for this two, it further clarified that immi- stead, sinking our Nation deeper into misadventure in Iraq to the tune of grants without documents would not debt. $189 billion. We can’t find money for have access to the program; and, three, This Democratic Congress and the children and health care in this coun- it phased out over 1 year the coverage American public have a different set of try, but we can find, apparently, end- of childless adults. priorities. We believe in being fiscally less supplies of dollars to fund the war But, Madam Speaker, Republicans in responsible and implemented a pay-as- in Iraq. this body just can’t take yes for an an- you-go system to stop piling debt on Madam Speaker, this President on swer. Even after addressing their con- the backs of our Nation’s children. this issue and on many other issues is cerns in this revised bill, many of our That is why our children’s health legis- gravely out of touch with the Amer- colleagues still insisted on standing lation, which helps 10 million children ican people. with President Bush, instead of with receive the health care coverage they f working American families. deserve, is fully paid for. MAKE PERMANENT THE RE- f Madam Speaker, the President’s fis- SEARCH AND DEVELOPMENT IN SUPPORT OF A PERMANENT cal priorities are irresponsible and mis- TAX CREDIT RESEARCH AND DEVELOPMENT placed. He should be reducing the TAX CREDIT amount we are spending in Iraq so that (Mr. WALBERG asked and was given we can again invest in domestic prior- permission to address the House for 1 (Mr. SMITH of Nebraska asked and ities, like children’s health care. minute.) was given permission to address the f Mr. WALBERG. Madam Speaker, in House for 1 minute.) my home State of Michigan, we have Mr. SMITH of Nebraska. Madam NEED FOR PERMANENT R&D TAX hit some hard times, and recently Speaker, I rise today in support of a CREDIT things have become worse as Michi- permanent research and development (Mr. SALI asked and was given per- gan’s Governor and tax-hiking State tax credit. We are the strongest Nation mission to address the House for 1 legislators inflicted a massive tax in- on Earth, in large part because of the minute.) crease on the people of Michigan. innovation inspired through research Mr. SALI. Madam Speaker, global While in Congress, I am going to do and development. This has been a driv- competition is a fundamental reality of all I can to aid Michigan’s comeback, ing force through our history, leading today’s economy. America is doing well providing incentives for manufacturers us to discoveries which add conven- because we offer the highest quality and their employees to innovate, grow ience, comfort and productivity to our products in the world. Only by staying and expand. For example, American lives.

VerDate Aug 31 2005 03:40 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\H30OC7.REC H30OC7 mmaher on MIKETEMP with CONG-REC-ONLINE October 30, 2007 CONGRESSIONAL RECORD — HOUSE H12159 In Nebraska, now more than ever, our izing small businesses and family Delta sorority at USC and my father rural businesses grow when people are farms that is causing her concern. was a member of Sigma Alpha Epsilon willing to face the uncertainty and Then again, it might be that she sim- fraternity at USC. risks which others find daunting. In ply agrees that our Tax Code shouldn’t In conclusion, God bless our troops, our increasingly competitive global punish a man and woman for getting and we will never forget September the economy, it is essential we ensure married. 11th. there is a permanent, meaningful in- Madam Speaker, you can change the f centive for all businesses to invest in transcript, but you can’t change the research and development. facts. The Pelosi-Rangel mother of all MOMENT OF SILENCE IN MEMORY We live in a world with limitless in- tax hikes is bad for the U.S. economy OF LIVES LOST novation, and I look forward to seeing and worse for the American taxpayer. (Mr. CLYBURN asked and was given what the future will bring from further f permission to address the House for 1 research and development. minute and to revise and extend his re- b 1015 f marks.) URGING PRESIDENT TO SIGN NEW HAMPSHIRE IS RED SOX Mr. CLYBURN. Madam Speaker, it is SCHIP LEGISLATION NATION with a heavy heart that I rise to me- (Mr. HODES asked and was given per- morialize the lives of Justin Anderson, (Ms. TSONGAS asked and was given Travis Cale, Lauren Mahon, Cassidy permission to address the House for 1 mission to address the House for 1 minute and to revise and extend his re- Pendley, William Rhea, Allison Wal- minute.) den, all students of the University of Ms. TSONGAS. Madam Speaker, just marks.) Mr. HODES. Madam Speaker, I rise South Carolina which I proudly rep- 2 weeks ago today, tens of thousands of resent here in this body, and Emily residents from the Fifth Congressional today to celebrate Red Sox Nation. In this House, we often disagree on many Yelton, a student of Clemson Univer- District of Massachusetts supported sity. my candidacy because they wanted to issues of national importance, but today we are all part of Red Sox Na- Madam Speaker, when young men make sure that all our children have and women go off to pursue education, health insurance. Two days later, I tion. After trailing Cleveland 3–1 in the American League Championship Se- their families hope for them a bright began my service to the Fifth District future and a long life. All seven of by proudly voting to override President ries, the Red Sox won seven straight games and won their second World Se- these young men and women lost their Bush’s veto of a children’s health care lives in a fire this weekend, and I join bill that had overwhelming bipartisan ries crown in 4 years. In my home State of New Hampshire, with those that I represent at the Uni- support. versity of South Carolina in offering Unfortunately, the veto was upheld, we are made up of diehard Red Sox fans, and we are a proud part of Red condolences to these families. I also but the fact remains that millions of say to the families of Clemson Univer- children that need health care don’t Sox Nation. There is no such thing as a fair-weather Red Sox fan. Granite sity, our hearts go out to all of them. have it. Madam Speaker, I ask that you and Last Thursday, I again voted to ex- Staters went four generations without being able to celebrate a Red Sox this body join me in a moment of si- pand the Children’s Health Insurance lence in memory of these young people. Program, a program that was first de- championship, and that is why it has veloped in Massachusetts and is now been a great week and great year to be f a Red Sox fan. critical to the newly enacted Massa- FUND OUR VETERANS chusetts health insurance plan. Every I also want to congratulate Mike concern raised by the President has Lowell on being named the MVP of the (Mrs. DRAKE asked and was given been clearly addressed in this bill, but series. Now we can all finally get some permission to address the House for 1 he still threatens to veto it. sleep. Go Sox. minute and to revise and extend her remarks.) I will stand with the strong bipar- f tisan majority, ready to overturn this Mrs. DRAKE. Madam Speaker, this is IN MEMORY OF THE STUDENTS veto and give 200,000 children in Massa- day 30. That is 30 days so far our vet- WHO LOST THEIR LIVES chusetts and millions more across the erans have not had the use of the in- country a chance at a healthy, safe fu- (Mr. WILSON of South Carolina creased funding for their benefits and ture. I urge the President to sign the asked and was given permission to ad- health care. That is $18.5 million a day bill. dress the House for 1 minute and to re- not able to be used. And why? Because the Democratic leadership has decided f vise and extend his remarks.) Mr. WILSON of South Carolina. to not complete this bill and send it to MOTHER OF ALL TAX HIKES—BAD Madam Speaker, this past weekend the the President who has agreed to sign FOR THE U.S. ECONOMY AND University of South Carolina and it. WORSE FOR AMERICAN TAX- Clemson University suffered a tragic In June, this House passed this ap- PAYERS loss when seven of their fellow students propriation bill with a $6 billion in- (Mr. BOUSTANY asked and was died in a house fire. crease in a bipartisan manner. We were given permission to address the House As a USC Law School graduate and proud of our work and grateful to our for 1 minute.) parent of a current Clemson student, I veterans. On September 6, the Senate Mr. BOUSTANY. Last week, Speaker know the sadness and grief so many completed their bill. This work is done. PELOSI embraced the Democrats’ $1.3 must be feeling at this time, and our Our veterans are not pawns in a polit- billion tax scheme. The ink is barely hearts and prayers go out to these two ical game. They are heroes. dry, but she is already distancing her- great communities. I know that the America expects us to get the job self from the mother of all tax hikes. strength and companionship shared by done. America expects us to provide As reported in today’s Hill news- the students, faculty, family and the best care to our veterans. Please paper, the Speaker’s office has changed friends, led by President Andrew join me in calling upon the Democratic the transcript of her press comments Sorenson of USC and President Jim leadership to put our veterans first and to reflect that she supports Chairman Barker of Clemson, will help them send this bill to the President now. RANGEL’s ‘‘plan to begin tax reform,’’ through this difficult time. f not his actual ‘‘tax plan.’’ I wish to express the deepest condo- Maybe the Speaker has caught on to lences on behalf of the House of Rep- PRESIDENT DEMANDS BLANK what many Americans have discovered resentatives, my family, and the people CHECKS FOR IRAQ in the fine print. Maybe she figured out of South Carolina to the families and (Ms. WATSON asked and was given that the bill raises taxes on every U.S. friends of those students who lost their permission to address the House for 1 taxpayer. Or it could be the part about lives. I especially grieve because my minute and to revise and extend her re- resurrecting the death tax and penal- mother was a member of Delta Delta marks.)

VerDate Aug 31 2005 03:40 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\H30OC7.REC H30OC7 mmaher on MIKETEMP with CONG-REC-ONLINE H12160 CONGRESSIONAL RECORD — HOUSE October 30, 2007 Ms. WATSON. Madam Speaker, last eral poverty line in L.A. County have Record votes on postponed questions week President Bush requested an ad- worked either full-time or part-time. will be taken later today. ditional $42 billion from Congress for They have to balance rent or mortgage f the wars in Iraq and Afghanistan, payments, child care, food, gas prices, INTERNET TAX FREEDOM ACT bringing his total funding request for and health care. The increasing costs AMENDMENTS ACT OF 2007 the upcoming year to $190 billion. can lead to homelessness if you can’t Also last week, the Congressional make these payments. Ms. LINDA T. SA´ NCHEZ of Cali- Budget Office released a report con- In Los Angeles County, over 152,000 fornia. Madam Speaker, I move to sus- cluding that the wars in Iraq and Af- people are homeless over the course of pend the rules and concur in the Sen- ghanistan will cost $2.4 trillion over a year; and in the city of Azusa, at ate amendment to the bill (H.R. 3678) the next decade. That’s nearly $8,000 least 1,500 children were homeless last to amend the Internet Tax Freedom for every American. year. Act to extend the moratorium on cer- Just imagine if we rejected the Presi- I am proud that Democrats have tain taxes related to the Internet and dent’s plan to continue the war in Iraq taken steps to reduce poverty and to electronic commerce. for another decade and worked instead homelessness. In 2007, our farm bill The Clerk read the title of the bill. to responsibly redeploy our troops out raised the minimum benefit in the food The text of the Senate amendment is of Iraq within the next year. Rather stamp program for the first time in 30 as follows: than spending $2.4 trillion over in Iraq, years. For the first time in more than Strike out all after the enacting clause and we could instead invest it here with 10 years, we have raised the minimum insert: our own people. This would be more wage and expanded American home- SECTION 1. SHORT TITLE. than enough to provide every college ownership, and also would help to pro- This Act may be cited as the ‘‘Internet Tax freshman in our Nation with a free 4- vide and ensure that low-income and Freedom Act Amendments Act of 2007’’. year education at a private college or middle-income families have affordable SEC. 2. MORATORIUM. university. We could also use that mortgage loans. The Internet Tax Freedom Act (47 U.S.C. 151 note) is amended— f money to provide health care coverage (1) in section 1101(a) by striking ‘‘2007’’ and to every American for a year or could ANNIVERSARY OF NOVEMBER inserting ‘‘2014’’, and pay off 26 percent of our national debt. ELECTIONS (2) in section 1104(a)(2)(A) by striking ‘‘2007’’ and inserting ‘‘2014’’. f (Mr. PALLONE asked and was given SEC. 3. GRANDFATHERING OF STATES THAT TAX UAW/CHRYSLER DEAL permission to address the House for 1 INTERNET ACCESS. minute and to revise and extend his re- (Mrs. MILLER of Michigan asked and Section 1104 of the Internet Tax Freedom Act marks.) (47 U.S.C. 151 note) is amended by adding at the was given permission to address the Mr. PALLONE. Madam Speaker, we House for 1 minute and to revise and end the following: are fast approaching the 1-year anni- ‘‘(c) APPLICATION OF DEFINITION.— extend her remarks.) versary of the November elections ‘‘(1) IN GENERAL.—Effective as of November 1, Mrs. MILLER of Michigan. Madam when the American people went to the 2003— Speaker, I rise today to applaud this polls demanding to take our Nation in ‘‘(A) for purposes of subsection (a), the term ‘Internet access’ shall have the meaning given weekend’s ratification of the contract a new direction. between the United Auto Workers and such term by section 1104(5) of this Act, as en- Over the last 10 months, the new acted on October 21, 1998; and Chrysler. The new contract creates a Democratic Congress has produced real stronger domestic auto industry and ‘‘(B) for purposes of subsection (b), the term results that are now making a real dif- ‘Internet access’ shall have the meaning given modernizes the relationship between ference in millions of Americans’ lives. such term by section 1104(5) of this Act as en- the Big Three and labor. For 10 years, Republican Congresses acted on October 21, 1998, and amended by sec- The ratification by the rank and file have refused to increase the minimum tion 2(c) of the Internet Tax Nondiscrimination signals a new day for the domestic auto wage for nearly 6 million hardworking Act (Public Law 108–435). industry that has been struggling for Americans. Democrats thought that ‘‘(2) EXCEPTIONS.—Paragraph (1) shall not market share with its foreign competi- was unacceptable, and one of our first apply until June 30, 2008, to a tax on Internet access that is— tors. And sincere congratulations to actions was to ensure that these work- President Ron Gettelfinger of the UAW ‘‘(A) generally imposed and actually enforced ers finally got a much-deserved and on telecommunications service purchased, used, and his entire team on a job well done. long overdue pay raise. or sold by a provider of Internet access, but only The industry still faces many chal- Democrats also realize it is difficult if the appropriate administrative agency of a lenges, but this new pact between the for middle-class parents to send their State or political subdivision thereof issued a UAW and Chrysler and an earlier deal children to college. Over the last 6 public ruling prior to July 1, 2007, that applied with GM means that both sides have years as wages have stagnated, college such tax to such service in a manner that is income together to move the industry costs have increased 40 percent above consistent with paragraph (1); or ‘‘(B) the subject of litigation instituted in a forward. inflation. This Democratic Congress The good-faith negotiations proved judicial court of competent jurisdiction prior to passed and the President signed into July 1, 2007, in which a State or political sub- that all of the stakeholders put the fu- law legislation that provides the single division is seeking to enforce, in a manner that ture of the domestic auto industry first largest increase in college aid since the is inconsistent with paragraph (1), such tax on as they worked towards manufacturing GI Bill, and this new law will allow telecommunications service purchased, used, or competitiveness. more Americans to live the American sold by a provider of Internet access. This agreement secures jobs and al- Dream. ‘‘(3) NO INFERENCE.—No inference of legisla- lows the parties to move forward and Madam Speaker, congressional tive construction shall be drawn from this sub- to continue to create quality products Democrats are proud of these accom- section or the amendments to section 1105(5) and compete in the global market- made by the Internet Tax Freedom Act Amend- plishments, but they are only the be- ments Act of 2007 for any period prior to June place. Again, congratulations. Well ginning as we continue to move Amer- 30, 2008, with respect to any tax subject to the done. ica in a new direction. exceptions described in subparagraphs (A) and f f (B) of paragraph (2).’’. HOMELESSNESS AND POVERTY ANNOUNCEMENT BY THE SPEAKER SEC. 4. DEFINITIONS. Section 1105 of the Internet Tax Freedom Act (Ms. SOLIS asked and was given per- PRO TEMPORE (47 U.S.C. 151 note) is amended— mission to address the House for 1 The SPEAKER pro tempore. Pursu- (1) in paragraph (1) by striking ‘‘services’’, minute and to revise and extend her re- ant to clause 8 of rule XX, the Chair (2) by amending paragraph (5) to read as fol- marks.) will postpone further proceedings lows: Ms. SOLIS. Madam Speaker, today I today on motions to suspend the rules ‘‘(5) INTERNET ACCESS.—The term ‘Internet access’— rise to discuss poverty and homeless- on which a recorded vote or the yeas ‘‘(A) means a service that enables users to ness in the San Gabriel Valley in the and nays are ordered, or on which the connect to the Internet to access content, infor- 32nd Congressional District. At least 43 vote is objected to under clause 6 of mation, or other services offered over the Inter- percent of adults living below the Fed- rule XX. net;

VerDate Aug 31 2005 03:40 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 7634 Sfmt 6333 J:\CRONLINE\2007BA~1\2007NE~2\H30OC7.REC H30OC7 mmaher on MIKETEMP with CONG-REC-ONLINE October 30, 2007 CONGRESSIONAL RECORD — HOUSE H12161 ‘‘(B) includes the purchase, use or sale of tele- (2) in subsection (b)(2)— grandfather protections for 7 years communications by a provider of a service de- (A) in the heading by striking ‘‘SERVICES’’, until November 1, 2014. The 7-year time scribed in subparagraph (A) to the extent such (B) by striking ‘‘such services’’ and inserting frame will allow Congress to revisit the telecommunications are purchased, used or ‘‘such telecommunications’’, and sold— (C) by inserting before the period at the end moratorium and consider developments ‘‘(i) to provide such service; or the following: ‘‘or to otherwise enable users to in the States or in technology. It will ‘‘(ii) to otherwise enable users to access con- access content, information or other services of- provide businesses sufficient time to tent, information or other services offered over fered over the Internet’’. plan and ensure that consumers benefit the Internet; (b) VOICE SERVICES.—The Internet Tax Free- from tax-free access to the Internet. ‘‘(C) includes services that are incidental to dom Act (47 U.S.C. 151 note) is amended by Second, the Senate version extends the provision of the service described in sub- striking section 1108. paragraph (A) when furnished to users as part from November 1, 2007 to June 30, 2008 SEC. 6. SUNSET OF GRANDFATHER PROVISIONS. the time for certain States to adjust of such service, such as a home page, electronic Section 1104(a) of the Internet Tax Freedom mail and instant messaging (including voice- Act is amended by adding at the end thereof the for a phaseout of the grandfather pro- and video-capable electronic mail and instant following: tection. This alteration will benefit messaging), video clips, and personal electronic ‘‘(3) EXCEPTION.—Paragraphs (1) and (2) shall State governments who would have storage capacity; not apply to any State that has, more than 24 scrambled to readjust their budgets ‘‘(D) does not include voice, audio or video months prior to the date of enactment of this with a loss of revenue beginning No- programming, or other products and services paragraph, enacted legislation to repeal the vember 1. (except services described in subparagraph (A), State’s taxes on Internet access or issued a rule (B), (C), or (E)) that utilize Internet protocol or Third, the Senate version expands or other proclamation made by the appropriate the definition of Internet access to pro- any successor protocol and for which there is a agency of the State that such State agency has charge, regardless of whether such charge is decided to no longer apply such tax to Internet hibit taxation of certain services which separately stated or aggregated with the charge access.’’. are fee-based, not packaged with Inter- for services described in subparagraph (A), (B), SEC. 7. EFFECTIVE DATE. net access, and are offered from sources (C), or (E); and This Act, and the amendments made by this other than providers of Internet access. ‘‘(E) includes a homepage, electronic mail and Finally, the Senate version prohibits instant messaging (including voice- and video- Act, shall take effect on November 1, 2007, and capable electronic mail and instant messaging), shall apply with respect to taxes in effect as of a State from reimposing Internet ac- video clips, and personal electronic storage ca- such date or thereafter enacted, except as process taxes if the State had eliminated pacity, that are provided independently or not vided in section 1104 of the Internet Tax Free- the taxes more than 2 years ago. packaged with Internet access.’’; dom Act (47 U.S.C. 151 note). For nearly 10 years, we have had the (3) by amending paragraph (9) to read as fol- The SPEAKER pro tempore. Pursu- luxury of tax-free Internet access, as lows: ant to the rule, the gentlewoman from we have acted under a moratorium ‘‘(9) TELECOMMUNICATIONS.—The term ‘tele- California (Ms. LINDA T. SA´ NCHEZ) and communications’ means ‘telecommunications’ as passed by Congress, but the morato- the gentleman from Texas (Mr. SMITH) such term is defined in section 3(43) of the Com- rium expires in less than 2 days. each will control 20 minutes. munications Act of 1934 (47 U.S.C. 153(43)) and b 1030 ‘telecommunications service’ as such term is de- The Chair recognizes the gentle- fined in section 3(46) of such Act (47 U.S.C. woman from California. With the impending end of the mora- 153(46)), and includes communications services GENERAL LEAVE torium in sight, this Chamber agreed (as defined in section 4251 of the Internal Rev- Ms. LINDA T. SA´ NCHEZ of Cali- nearly unanimously to pass H.R. 3678, enue Code of 1986 (26 U.S.C. 4251)).’’, and fornia. Madam Speaker, I ask unani- the Internet Tax Freedom Act Amend- (4) in paragraph (10) by adding at the end the mous consent that all Members have 5 ments Act. This legislation is an exam- following: ple of how a bipartisan approach to a ‘‘(C) SPECIFIC EXCEPTION.— legislative days to revise and extend ‘‘(i) SPECIFIED TAXES.—Effective November 1, their remarks and include extraneous complex issue can serve the public 2007, the term ‘tax on Internet access’ also does material on the bill under consider- good. not include a State tax expressly levied on com- ation. While the Senate made some changes mercial activity, modified gross receipts, taxable The SPEAKER pro tempore. Is there to H.R. 3678, this is a version I’m very margin, or gross income of the business, by a objection to the request of the gentle- proud to support. It retains the essence State law specifically using one of the foregoing of H.R. 3678, including refining the defi- terms, that— woman from California? ‘‘(I) was enacted after June 20, 2005, and be- There was no objection. nition of Internet access and, most im- fore November 1, 2007 (or, in the case of a State Ms. LINDA T. SA´ NCHEZ of Cali- portantly, providing a temporary ex- business and occupation tax, was enacted after fornia. Madam Speaker, I yield myself tension of the moratorium. This legis- January 1, 1932, and before January 1, 1936); such time as I may consume. lation minimizes the effect on State ‘‘(II) replaced, in whole or in part, a modified I rise in strong support of H.R. 3678, and local government revenue, treats value-added tax or a tax levied upon or meas- the Internet Tax Freedom Act Amend- businesses fairly, and keeps Internet ured by net income, capital stock, or net worth ments Act, as amended. H.R. 3678, leg- access affordable to consumers. (or, is a State business and occupation tax that was enacted after January 1, 1932 and before islation designed to extend the Inter- I remind my colleagues on both sides January 1, 1936); net tax moratorium and grandfather of the aisle that the current Internet ‘‘(III) is imposed on a broad range of business protections, clarify the treatment of tax moratorium expires in about 36 activity; and gross receipts taxes, and revise the def- hours. Madam Speaker, I encourage all ‘‘(IV) is not discriminatory in its application inition of Internet access is bipartisan my colleagues to join me in supporting to providers of communication services, Internet legislation at its best. It has wide- H.R. 3678, the amended Internet Tax access, or telecommunications. ‘‘(ii) MODIFICATIONS.—Nothing in this sub- spread support by industry groups in- Freedom Act Amendments Act, so that paragraph shall be construed as a limitation on cluding the Don’t Tax Our Web Coali- tax-free access to the Internet can con- a State’s ability to make modifications to a tax tion, as well as by various government tinue. covered by clause (i) of this subparagraph after organizations such as the National Madam Speaker, I reserve the bal- November 1, 2007, as long as the modifications Governors Association, the Federation ance of my time. do not substantially narrow the range of busi- of Tax Administrators, the National Mr. SMITH of Texas. Madam Speak- ness activities on which the tax is imposed or Conference of Mayors, and the National er, I yield myself such time as I may otherwise disqualify the tax under clause (i). consume. ‘‘(iii) NO INFERENCE.—No inference of legisla- Conference of State Legislatures. It is tive construction shall be drawn from this sub- supported by a wide range of labor and Madam Speaker, I’m pleased that we paragraph regarding the application of sub- union groups, including the American are considering a bill to extend the paragraph (A) or (B) to any tax described in Federation of State, County and Mu- Internet tax moratorium another 7 clause (i) for periods prior to November 1, nicipal Employees. years. With only 2 days left until the 2007.’’. And with that broad support, the moratorium expires, it’s high time that SEC. 5. CONFORMING AMENDMENTS. House passed H.R. 3678 by a vote of 405– Congress passes this important legisla- (a) ACCOUNTING RULE.—Section 1106 of the 2. H.R. 3678, as amended by the Senate, tion and gets it to the President’s desk Internet Tax Freedom Act (47 U.S.C. 151 note) is for his signature. amended— contains four distinct changes. (1) by striking ‘‘telecommunications services’’ First, the Senate version extends the Two weeks ago, the House approved each place it appears and inserting ‘‘tele- moratorium on State and local taxes H.R. 3678, a bill to extend the Internet communications’’, and on Internet access and continues tax moratorium for 4 years. I supported

VerDate Aug 31 2005 03:40 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\H30OC7.REC H30OC7 mmaher on MIKETEMP with CONG-REC-ONLINE H12162 CONGRESSIONAL RECORD — HOUSE October 30, 2007 this legislation because it accom- if we’re going to continue to enjoy a (Mr. GOODLATTE asked and was plished several positive things. For ex- high standard of living, if we are going given permission to revise and extend ample, it clarified the definition of to continue to increase productivity, his remarks.) Internet access to ensure that States we have to do everything we can to en- Mr. GOODLATTE. I thank the gen- do not tax Internet access, including courage and help the high-tech indus- tleman from Texas for his leadership the acquisition of transmission capa- try. on this issue, as well as that of the two bilities. To that end, I support H.R. 3678, but gentlewomen from California, Con- However, I was disappointed that it I still would like to see Congress pass a gresswoman ESHOO and Congress- did not permanently ban taxes on permanent moratorium. woman LOFGREN, who have been advo- Internet access and e-commerce and Madam Speaker, I reserve the bal- cates of a permanent extension of this that the House Democratic leadership ance of my time. legislation. ´ refused to allow a vote on permanency, Ms. LINDA T. SANCHEZ of Cali- Madam Speaker, I am pleased that 1 even though over 240 Members are co- fornia. Madam Speaker, I yield 3 ⁄2 the House leadership has now seen fit sponsors of a permanent extension. minutes to the gentlelady from Cali- to schedule a vote on a bill to extend Today, by passing H.R. 3678 with the fornia, a colleague of mine who’s very the Internet tax moratorium for longer Senate amendments, we are taking a knowledgeable on Internet tax issues, than the mere 4-year extension con- step in the right direction. This legisla- Ms. ANNA ESHOO. tained in the House-passed bill. tion extends the moratorium for 7 Ms. ESHOO. I thank the gentle- However, I’m still extremely dis- years, almost doubling what the House woman for yielding. appointed that the majority did not Madam Speaker, I rise today in sup- approved only 2 weeks ago. allow any amendments to H.R. 3678 port of the amended legislation that’s The Senate amendments to H.R. 3678 when it was considered by the full before us. Two weeks ago when the also made several other important House. The handling of that bill 2 House brought legislation to the floor changes to the law. The Senate ex- weeks ago by the House leadership is on Internet taxation, I was only one of tended the coverage of the moratorium unfortunately reflective of the stran- two that opposed it. Now, I opposed it to all e-mail, regardless of whether it glehold that leadership has placed on not because I opposed extending the was bundled with Internet access. With the will of the majority in this Con- moratorium. Quite to the contrary. gress. respect to the original grandfathered I offered legislation with Mr. GOOD- I had introduced legislation, along States, the Senate added a new ‘‘use it LATTE that would have made Internet or lose it’’ provision that says that if taxation, a ban on it, permanent. We with Representative ESHOO, to make one of those States repeals or other- introduced legislation that enjoyed the ban on Internet access taxes per- wise does not enforce its tax on Inter- over 240 bipartisan cosponsors. That manent, and that legislation had gar- net access, it loses its grandfather pro- legislation was not considered by the nered nearly 240 bipartisan cosponsors tections. Judiciary Committee or the House. before the House was forced to vote on I think these are good changes to the The bill also contained a loophole the 4-year extension. These cosponsors original House-passed bill, and I am that could have opened up the possi- represent a strong bipartisan majority happy to support them. bility of new taxes on the Internet of the Members of this body. However, By extending the ban on Internet ac- services such as e-mail and music with absolutely no explanation, the cess taxes for a longer period of time, downloading. I knew we could do better majority party cut off all opportunity we give businesses the certainty they and today we are. for amendments to that legislation on need to spend billions of dollars to con- The Senate-amended legislation will the House floor, where I have no doubt struct, maintain and update the establish the longest term for the an amendment to make the ban on ac- broadband Internet infrastructure Internet tax moratorium since it was cess taxes on the Internet permanent throughout the country. first created in 1998. The Congress would have passed with a very strong This legislation will help keep the acted on that again in 2001 and 2004, majority. cost of Internet access down so that all and today’s moratorium is the longest During committee consideration, the individuals can continue to use the that will be adopted. So I think it’s House Judiciary Committee even re- great informational tool that is the cause for celebration. sorted to obscure procedural tactics to Internet. The legislation will guarantee that reverse a vote for an amendment in While I’m disappointed that we’re new barriers created by taxation of committee to extend the moratorium not making the ban permanent, which Internet access and e-commerce will from 4 years to 8 years. Because all but has wide support in the House, we are not emerge when the current morato- one Democrat, Congresswoman certainly moving in the right direction rium ends, which is just, as the chair- LOFGREN, on the committee voted by passing H.R. 3678 today. woman said, 36 hours away. So we’re against an amendment I offered there Hundreds of companies and groups, coming in right under the wire. to extend the moratorium for 6 years, I including AOL, Apple, Americans for I think that this is very important assume that to be consistent they will Tax Reform, AT&T, Comcast, eBay, policy for our country. Very impor- vote against the 7-year extension be- Electronic Industries Alliance, Level 3 tantly, this is going to continue to spur fore us today, but we shall see. Communications, the National Asso- innovation, and it will advance our With regard to the merits of a 4-year ciation of Manufacturers, National goal of broadband for everyone in the extension, we heard arguments that Cable and Telecommunications Asso- United States. the Senate would not accept anything ciation, National Taxpayers Union, I’m very, very pleased at the Senate longer than a 4-year extension. How- Sprint/Nextel, Time Warner Commu- action, under the leadership of really ever, that has proven not to be the nications, T-Mobile, U.S. Chamber of the father of this effort, Senator RON case. Now, House leadership has been Commerce, U.S. Telecom Association, WYDEN, new father of twins, a son and forced to schedule a vote on a bill to U.S. Internet Industry Association, a daughter, many congratulations to extend the moratorium for 7 years be- Verizon, Yahoo, the Business Software him. I urge all of my colleagues. This cause the current moratorium expires Alliance, and the Hispanic Technology should be a 100 percent vote in the tomorrow. It’s a shame they did not do and Telecommunications Partnership, House for a 7-year moratorium, and I this, and more, voluntarily when they among many, many others, have, in thank the leadership for bringing it to had the chance. fact, called for a permanent ban on the floor and the chairwoman for her Instead, the Senate, and I, too, join Internet access taxes. leadership on this as well. in commending Senator WYDEN and While H.R. 3678 doesn’t get us all the Mr. SMITH of Texas. Madam Speak- Senator SUNUNU in the bipartisan ef- way to the goal line, it is a step for- er, I yield 5 minutes to the gentleman fort that was made in the Senate, ward that will benefit the economy and from Virginia (Mr. GOODLATTE), a sen- which passed a more reasonable bill the consumer. ior member of the Judiciary Com- with a longer term of protection for Madam Speaker, if we are going to mittee and the principal Republican American taxpayers. have a healthy economy in America, if sponsor of the permanent ban on Inter- The bill before us today extends the we are going to continue to create jobs, net taxes. moratorium for almost twice as long as

VerDate Aug 31 2005 03:40 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\H30OC7.REC H30OC7 mmaher on MIKETEMP with CONG-REC-ONLINE October 30, 2007 CONGRESSIONAL RECORD — HOUSE H12163 the House-passed bill, and while I Aside from supporting expansion of Ms. LINDA T. S´ ANCHEZ of Cali- would prefer a permanent ban, this is a the broadband and innovation, it’s also fornia. Madam Speaker, I reserve the vast improvement over current law. good news for American families that balance of my time. This bill will continue to help ensure they will not face a new tax burden Mr. SMITH of Texas. Madam Speak- that the digital divide does not grow when they utilize the Internet come er, how much time remains on each between those who can and cannot af- November 1. Therefore, I urge my col- side? ford broadband Internet access. leagues to join me in supporting this The SPEAKER pro tempore. The gen- The bill will also help ensure that important and very timely legislation. tleman from Texas has 101⁄2 minutes, businesses have more certainty when I thank the chairwoman of the sub- and the gentlewoman from California making business decisions about committee. has 12 minutes. whether to deploy broadband to areas Mr. SMITH of Texas. Madam Speak- Mr. SMITH of Texas. Madam Speak- they do not currently serve, such as er, I yield 3 minutes to the gentleman er, I yield 5 minutes to the gentleman rural areas across the country. from California (Mr. CAMPBELL). from Michigan (Mr. UPTON) who is a I urge the Members of this body to Mr. CAMPBELL of California. I senior member of the Energy and Com- support this important legislation. merce Committee and also ranking ´ thank the gentleman from Texas for Ms. LINDA T. SANCHEZ of Cali- yielding. member of that committee’s Sub- fornia. Madam Speaker, at this time, I Let’s make it clear what this bill committee on Telecommunications and am pleased to yield 3 minutes to the does not do. What it does not do is it the Internet. gentlelady from California (Ms. ZOE does not prohibit States or localities Mr. UPTON. I thank the gentleman LOFGREN), a colleague of mine on the from putting general application taxes for allowing me to have a little bit of subcommittee and the Committee on on Internet transactions as they would time this morning to talk about a very the Judiciary. apply if that transaction were taking important issue. Ms. ZOE LOFGREN of California. place not on the Internet. For example, Madam Speaker, I am one of those Madam Speaker, I rise in support of it does not ban sales taxes on trans- Members of Congress who actually H.R. 3678. reads and signs all of his legislative In a welcome and refreshing instance actions over the Internet, as long as those taxes are the same sales taxes as mail from their district. I can remem- of bipartisan, bicameral cooperation, ber not too long ago there was a write- the Senate took our bill and improved would be applied if that purchase was transacted in a store or over a catalog, in campaign to every congressional of- it. The longer moratorium means that fice complaining about a bill that Con- service providers will have more cer- but what it does do is it says you can- gressman Snell had introduced that tainty when deciding whether to make not put discriminatory taxes on the was going to tax the Internet, every critical investments in basic infra- Internet. single piece of transaction that one structure of the Internet. b 1045 The 7-year extension is longer than might have on the Internet. Of course, You cannot take that sales trans- any that has ever been approved by any as we know as we look at this board, action and give it a sales tax that is previous Congress. Consideration of and I have served in this Congress, I higher because it was transacted over this bill today shows that the Demo- like to say not long enough, but I have the Internet than if it were not. It also crats in the 110th Congress truly under- never served with a Congressman Snell says that you cannot tax access or use stand the importance of the Internet to in the 21 years that Mr. SMITH and I to the Internet. our economy. have served here together. Equally important, the bill as Can you imagine, can anyone out I went through it to find out when amended makes absolutely clear that there imagine that if every time you did Congressman Snell serve? There Internet access embraces ancillary sent an e-mail there was a tax that must have been a Congressman Snell. services such as e-mail, instant mes- went on your credit card or something Well, there was. He served in the 64th saging and personal storage capacity. for using it, or every time you went on Congress. Now, that was a long, long This change removes ambiguity with a Web site, there was a tax? That’s ab- time ago, and I daresay it was before respect to these services, and thereby solutely unconscionable. Particularly the Internet. It was before Al Gore in- encourages robust competition among today, when we realize how much of vented the Internet, and it was before Internet service providers. the economic growth we have experi- the Senate and the House discovered it And importantly, today is October 30. enced in this decade has come from the as well. By passing the extension of the Inter- Internet and how much distribution of But can you imagine taxing every net tax moratorium with ample time knowledge there has been and how it is different thing that one might do on for the President to sign the bill into a great equalizer that so many people the Internet? law, we avoid the almost certain dis- at so many incomes and in so many lo- I look at our own household here and ruption that would attend any further cations are able to access knowledge back in Michigan. Often we come delay. Failure to act would be a mis- that was previously unavailable. home, my wife and I, the first thing we take and a step away from the pledges The Internet has been a great engine do is we get on the Internet. We check we made in the Innovation Agenda. for economic growth and for the dis- what our daughters might be saying at I continue to believe that a perma- tribution of knowledge. We don’t want college. Two nights ago I was doing nent ban on the taxation of Internet to slow down that engine by taxing it. some Internet surfing, and I got IMs access is important to maintaining and Now I, like I believe every other from my daughter, probably about 20, improving our place in the information speaker this morning, wishes that this 25. It was a wonderful experience that economy. bill were a permanent ban. I can’t she and I had communicating. But can I remain a proud cosponsor of my imagine a time when we would want to you imagine if there was a tax on every friend ANNA ESHOO’s bill that would restrict your access to the Internet by single IM message that came back and have made the moratorium permanent. taxing it. forth? I will continue to work with her and However, 4 years is better than zero, A lot of us do our banking on the Mr. GOODLATTE to achieve that goal, and 7 years is better than 4. So this 7- Internet, check our different accounts. but I heartily accept H.R. 3678 as a fair year extension is something that I will Can you imagine every single time you compromise between our position and heartily support. are going to get a tax on the Internet? the views of those who are reluctant to However, I also desperately hope that For me, I am a sports nut, my Wolver- entirely abandon the possibility of one before we get to the day of the expira- ines. I was at MGoBlue last night a day taxing the Internet. tion of this next 7-year period, that couple of different times. When is the Ultimately, we will reach the legisla- sometime within this 7 years that this Michigan-Michigan State game going tive conclusion that taxing the Inter- Congress realizes and recognizes once to be on this weekend? Can you imag- net is simply a bad idea. Fortunately, and for all that taxing the access to or ine if you got taxed every time? I want- this bill buys us enough time to get use of the Internet is a bad idea and ed to check if Michael Hart was going there and is an important, big step in makes this ban permanent in the fu- to play this Saturday. I checked a the right direction. ture. bunch of different Web sites. Can you

VerDate Aug 31 2005 03:40 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\H30OC7.REC H30OC7 mmaher on MIKETEMP with CONG-REC-ONLINE H12164 CONGRESSIONAL RECORD — HOUSE October 30, 2007 imagine if you got a tax every single necessary taxes, such as an Internet access, rule XXI. General debate shall be confined to time? That’s just nuts. is the best course of action for accomplishing the bill and shall not exceed one hour equal- Thank goodness we are extending the this goal. ly divided and controlled by the chairman current moratorium that otherwise ex- and ranking minority member of the Com- The surest way to stifle achievement, mittee on Small Business. After general de- pires this week. Now, I am one that progress, and growth is to involve the govern- bate the bill shall be considered for amend- wanted to make it a permanent exten- ment. I urge my colleagues to pass H.R. ment under the five-minute rule. The bill sion. I join with Mr. GOODLATTE and 3678’s 7-year extension and use this time to shall be considered as read. All points of Mr. SMITH and others as a cosponsor of work together to permanently extend the mor- order against provisions of the bill are legislation so that we don’t have to do atorium in order to foster the innovation and waived. Notwithstanding clause 11 of rule this every single year. We passed in the the free market that have been the formula for XVIII, no amendment to the bill shall be in House a couple of weeks ago a bill that order except those printed in the report of economic growth and prosperity. the Committee on Rules accompanying this was unanimous, in fact, as I recall, Mr. COLE of Oklahoma. Madam Speaker, resolution. Each such amendment may be of- that extended it for 4 years. though I would have voted ‘‘yea’’ on the Inter- fered only in the order printed in the report, The Senate finally did something net Tax Freedom Act, it is not the vote I may be offered only by a Member designated right; they actually extended it beyond wished to have had. I along with 242 bi-par- in the report, shall be considered as read, 4 years. We are going to see an exten- tisan co-sponsors wanted to see the Internet shall be debatable for the time specified in sion for 7 years. Even though it’s not Tax Moratorium made permanent instead of the report equally divided and controlled by permanent, 7 years is better than noth- an extension for 7 years. Through negotiations the proponent and an opponent, shall not be ing, and that’s what we are doing subject to amendment, and shall not be sub- in the House, members were told that the ject to a demand for division of the question today. Senate would never agree to anything longer in the House or in the Committee of the But as I think about all the different than 4 years. Then, we were forced to vote on Whole. All points of order against such uses that we use on the Internet today, a 4-year extension October 16, without the op- amendments are waived except those arising to think that we would tax every e- portunity to add amendments to lengthen the under clause 9 or 10 of rule XXI. At the con- mail, every search of the Web, all those ban—or even make it permanent. clusion of consideration of the bill for different things. As the former chair- Madam Speaker, today we are now voting amendment the Committee shall rise and re- man of the Telecommunications Sub- port the bill to the House with such amend- on a Senate amendment to H.R. 3678, ex- ments as may have been adopted. The pre- committee, I know that this will stifle tending the ban for 7 years—3 more years vious question shall be considered as ordered the growth of the Internet in a major, than what we were told the Senate would on the bill and amendments thereto to final major way. agree to. Imagine what we could have accom- passage without intervening motion except I would ask all of my colleagues, Re- plished had the democrat leadership had lis- one motion to recommit with or without in- publican and Democrat, to support this tened to the will of 242 members from both structions. extension. Let’s get it to the President. sides of the aisle asking to make this ban per- SEC. 2. During consideration in the House of H.R. 3867 pursuant to this resolution, not- I am sure that he will sign it, hope- manent. ´ withstanding the operation of the previous fully, before the week is out, so that we Ms. LINDA T. SANCHEZ of Cali- question, the Chair may postpone further can no longer have the audacity to fornia. Madam Speaker, I yield back consideration of the bill to such time as may think that a Congressman Snell will the balance of my time. be designated by the Speaker. come back and, in fact, perhaps intro- The SPEAKER pro tempore. The The SPEAKER pro tempore. The gen- duce a piece of legislation that will, in question is on the motion offered by tleman from California is recognized fact, tax every Internet transaction. It the gentlewoman from California (Ms. for 1 hour. would be disastrous. LINDA T. SA´ NCHEZ) that the House sus- Mr. CARDOZA. Madam Speaker, for ´ Ms. LINDA T. SANCHEZ of Cali- pend the rules and concur in the Sen- the purpose of debate only, I yield the fornia. Madam Speaker, I reserve the ate amendment to the bill, H.R. 3678. customary 30 minutes to the gen- balance of my time to close. The question was taken. tleman from Florida (Mr. DIAZ- Mr. SMITH of Texas. Madam Speak- The SPEAKER pro tempore. In the BALART). All time yielded during con- er, I have no further requests for time, opinion of the Chair, two-thirds being sideration of the rule is for debate and I yield back the balance of my in the affirmative, the ayes have it. only. time. Mr. SMITH of Texas. Madam Speak- ´ GENERAL LEAVE Ms. LINDA T. SANCHEZ of Cali- er, on that I demand the yeas and nays. Mr. CARDOZA. Madam Speaker, I fornia. Madam Speaker, H.R. 3678, as The yeas and nays were ordered. ask unanimous consent that all Mem- amended by the Senate, remains a The SPEAKER pro tempore. Pursu- bers have 5 legislative days within strong bill that provides much-needed ant to clause 8 of rule XX and the which to revise and extend their re- clarity to the communications and Chair’s prior announcement, further marks on House Resolution 773. Internet industries and strikes an ap- proceedings on this motion will be The SPEAKER pro tempore. Is there propriate balance in addressing the postponed. objection to the request of the gen- needs of States and local governments f tleman from California? while helping keep Internet access af- PROVIDING FOR CONSIDERATION There was no objection. fordable. I urge my colleagues on both Mr. CARDOZA. Madam Speaker, I OF H.R. 3867, SMALL BUSINESS sides of the aisle to join me in sup- yield myself such time as I may con- CONTRACTING PROGRAM IM- porting it. sume. Mr. CHABOT. Madam Speaker, I rise in PROVEMENTS ACT Madam Speaker, House Resolution support of H.R. 3678, the Internet Tax Free- Mr. CARDOZA. Madam Speaker, by 773 provides for the consideration of dom Act Amendments Act, as amended by the direction of the Committee on Rules, I H.R. 3867, the Small Business Con- Senate. call up House Resolution 773 and ask tracting Program Improvements Act, The Internet has changed the way we com- for its immediate consideration. under a structured rule. municate, learn, and do business—all for the The Clerk read the resolution, as fol- As the Clerk reported, the rule pro- better. Since the Internet tax moratorium was lows: vides 1 hour of general debate, equally first adopted, tremendous investment, growth H. RES. 773 divided and controlled by the chairman and innovation in the scope and use of the Resolved, That at any time after the adop- and ranking member of the Committee Internet has occurred. By preventing unneces- tion of this resolution the Speaker may, pur- on Small Business. The rule waives all sary taxation of the Internet, Congress has suant to clause 2(b) of rule XVIII, declare the points of order against consideration of fostered growth in productivity, spurred inno- House resolved into the Committee of the the bill except for clause 9 and 10 of vation, and widened public access to informa- Whole House on the state of the Union for rule XXI. tion. consideration of the bill (H.R. 3867) to update Ten amendments that were sub- and expand the procurement programs of the mitted to the Rules Committee for con- This expansion is impressive. However, Small Business Administration, and for there is still more that Congress can do to en- other purposes. The first reading of the bill sideration were made in order. All four sure equal Internet access among all Ameri- shall be dispensed with. All points of order Republican amendments that were sub- cans. As I stated when the House passed its against consideration of the bill are waived mitted and six Democratic amend- 4-year extension, permanently prohibiting un- except those arising under clause 9 or 10 of ments that were submitted were all

VerDate Aug 31 2005 03:40 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\H30OC7.REC H30OC7 mmaher on MIKETEMP with CONG-REC-ONLINE October 30, 2007 CONGRESSIONAL RECORD — HOUSE H12165 made in order. Finally, the rule pro- b 1100 The Veterans Entrepreneurship and vides for one motion to recommit with Finally, H.R. 3867 continues the Small Business Development Act of or without instructions. Democrats’ commitment to combating 1999 established a goal of 3 percent for Through a series of laws and procure- fraud and eliminate wasting taxpayer Federal contracts awarded to service- ment requirements, Congress estab- dollars. disabled veterans. Unfortunately, we lished a benchmark for the SBA to give The bill enhances business integrity have yet to meet that worthy goal. small businesses every opportunity to standards to ensure that taxpayer dol- The underlying legislation being compete fairly for the award of Federal lars only go to reputable individuals. It brought to the floor today, H.R. 3867, contracts. Despite a clear mandate promotes self-policing to allow small the Small Business Contracting Im- that has been in existence for more businesses to challenge individual pro- provements Act, seeks to expand pro- than 50 years, small businesses have gram awards. It protects disabled vet- curement opportunities for businesses not received their fair share of Federal erans by penalizing firms that falsely owned by service-disabled veterans by Government contracts. This is espe- represent themselves as service-dis- placing these businesses at the top of cially true regarding the service-disabled veteran businesses, and it re- the priority list for receiving Federal abled veterans, men and women, and quires on-site reviews by SBA per- contracts. minority-owned businesses. sonnel before HUBZone contracts are The legislation adjusts the net worth In 2006 alone, the Federal Govern- awarded. standard for businesses in the 8(a) pro- ment spent over $417 billion on goods Madam Speaker, the bill before us gram for the first time in about 20 and services, but small businesses have today, H.R. 3867, has extremely strong years, to $550,000, so it is more con- been continuously losing out on con- bipartisan support. It passed the Small sistent with inflation. To take part in tracting opportunities. This is a trag- Business Committee by a vote of 21–4. the 8(a) program a business must be edy. Small businesses are the engines Among other organizations, it is sup- owned by citizens who are socially and of our economy; and securing a Federal ported by the National Federation of economically disadvantaged. Partici- contract is a major financial boon for Independent Business, the U.S. His- pants in the program are eligible for these entrepreneurs, especially vet- panic Chamber of Commerce, the Na- sole source and limited competition tional Black Chamber of Commerce, erans, women, and businesses in low-in- government contracts. They also can the U.S. Women’s Chamber of Com- come areas. receive a 10 percent cost advantage in merce, the American Legion and Vet- We cannot afford for our budding en- some procurements. erans of Foreign Wars. trepreneurs to be shut out of what As part of their campaign, Madam I would like to thank Chairwoman Speaker, the new majority spoke often should be an open market and be de- VELA´ ZQUEZ and members of the Small nied opportunities to succeed, not about taking the House of Representa- Business Committee for their hard tives in a new direction. Unfortu- when their existence is so vital to our work that went into this piece of legis- economy, especially. H.R. 3867 takes nately, that direction seems to be lation. backwards because now the Rules Com- several critical steps to assist small Madam Speaker, we all recognize the businesses’ participation in Federal mittee no longer allows Members to importance of small businesses to our present their amendments even if procurement by updating and expand- economy. It is imperative that we fol- ing the SBA’s procurement programs. they’re a few minutes late. That is a low through on our commitments to departure from the practice of the First, it improves contracting oppor- small business and give them every op- Rules Committee under the prior ma- tunities for service-disabled veteran portunity we can to succeed. jority. businesses. Today only 0.87 percent of Madam Speaker, I reserve the bal- Last week, several Members at- Federal contracts are granted to serv- ance of my time. tempted to file amendments with the Mr. LINCOLN DIAZ-BALART of ice-disabled veteran businesses, a far Rules Committee. The majority denied Florida. Madam Speaker, I would like cry from the 3 percent goal that was the Members even the ability to file to thank my friend, the gentleman enacted in 1999. the amendment because they were a from California (Mr. CARDOZA) for the H.R. 3867 gives service-disabled vet- few minutes late, thereby denying eran businesses priority for Federal time, and I would yield myself such time as I may consume. Members the right even to come before contracts, providing more opportuni- the Rules Committee to speak about ties for our Nation’s veterans to be- Small business is the engine that drives our economic strength. The al- the merits of their respective amend- come successful entrepreneurs. ments. It also codifies President Bush’s exec- most 26 million small businesses in the United States employ over half of all Representative KING attempted to utive order directing agencies to profile his amendment on-line as required vide veterans resources and assistance private sector workers and pay approximately 45 percent of total U.S. by the committee; however, due to they need to participate in Federal technical issues, he was not able to file contracting processes. private payroll. Over the last decade, small businesses have generated 60 to the amendment on-line. Representative Second, H.R. 3867 aids women-owned 80 percent of net new jobs annually. KING was told by the majority on the businesses with Federal procurement Congress, for decades, has acknowl- Rules Committee that they would processes. The Women’s Procurement edged the important role small busi- waive the electronic filing require- Program was enacted 7 years ago to in- nesses play in the Federal procurement ment; however, because he had spent crease the number of contracts award- process. This is evident in the Small time trying to get the amendment filed ed to businesses owned by women. Business Act of 1953. The Act says that, electronically, he missed by a few min- However, the SBA has been dragging and I quote, ‘‘it is the declared policy utes the deadline to physically file the its feet in implementing the program, of the Congress that the government amendment. It’s disappointing that the costing women tens of billions of dol- should aid, counsel, assist and protect majority would not allow Representa- lars in lost contracting opportunities. . . . the interests of small business con- tive KING to offer his amendment when H.R. 3867 fully implements the Wom- cerns in order to preserve free competi- it was clear he was trying to comply en’s Procurement Program, giving tive enterprise and to ensure that a with the filing requirements. Because women-owned businesses greater access fair proportion of the total purchases of technical issues, he was delayed. to the Federal marketplace. and contracts or subcontracts for prop- I understand the need the majority The bill also takes the first step in erty and services for the government may have in issuing a deadline. But in modernizing the 8(a) program, which . . . be placed with small business en- the prior majority, Madam Speaker, we helps minority-owned businesses secure terprises.’’ always allowed Members to at least file Federal contracts; but it has not been In 2006, the Federal Government their amendments even if they were updated in over 20 years. The bill up- spent over $400 billion on goods and past the deadline, and even made some dates the 8(a) program to reflect to- services in over 8 million separate con- of those amendments in order. It is a day’s economy so that minority-owned tracts. Small businesses won about 80 shame that the new majority has de- businesses have time to grow and grad- billion worth of those contracts, a lit- cided to take a step back and not allow uate from the initiative. tle over 20 percent. some discretion in this matter.

VerDate Aug 31 2005 03:40 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\H30OC7.REC H30OC7 mmaher on MIKETEMP with CONG-REC-ONLINE H12166 CONGRESSIONAL RECORD — HOUSE October 30, 2007 This new hard-and-fast time require- hope that that would be the framework the importance of small businesses and ment is particularly difficult, if not of this particular legislation, that how difficult it is to compete. I strong- impossible, when a Member is trying to we’re not doing harm to those opportu- ly support passage of this bill and I file a second-degree amendment. As nities because this is America. urge Members on both sides of the aisle you know, Madam Speaker, a second- And then I certainly would have to support it. degree amendment is written to amend wanted to have the amendment that I Thank you, Madam Chairwoman for an amendment, so that it is not pos- offered that indicated in times of nat- your hard work on this committee. sible to draft such an amendment until ural disaster and/or an act of terrorism Mr. LINCOLN DIAZ-BALART of the initial amendment was made pub- that small minority and women-owned Florida. I would ask my friend if he has lic, and that list of amendments filed is and disabled veterans businesses be uti- no other speakers. not made public until after the amend- lized in the area of the disaster. Cer- Mr. CARDOZA. No other speakers. ment deadline. tainly, if there is a disaster, those We will be ready to close. We already saw how the new major- small businesses may be impacted. But Mr. LINCOLN DIAZ-BALART of ity’s requirement blocks amendments what we saw in Hurricane Katrina, we Florida. Madam Speaker, I will be ask- when, during a previous rule, Rep- saw the misuse of the small businesses ing for a ‘‘no’’ vote on the previous question so that we can amend this resentative AKIN was not allowed to who were there, meaning that they did offer a second-degree amendment. not have the opportunity to, one, save rule and move toward passing a con- It’s unfortunate, Madam Speaker, by the government money, but, at the ference report on the bipartisan Mili- not allowing Members to even offer same time, do the job on behalf of their tary Construction and Veterans Affairs amendments in the Rules Committee, community of which they loved. And so Appropriations Act. we believe that the majority is, in ef- I hope that we will be able to work this The House of Representatives passed fect, silencing the voices of millions of language in, maybe through con- the veterans and military funding bill Americans. ference, because I think it is an impor- on June 15 of this year by a vote of 409– Madam Speaker, I reserve the bal- tant sense of Congress’ statement, and 2, with the Senate following suit and ance of my time. I also hope that we will protect those naming conferees on September 6 of Mr. CARDOZA. Madam Speaker, I HUBZones and make sure that we reaf- this year. Unfortunately, the majority would respond to my friend from Flor- firm the opportunities for all small leadership in the House has refused to ida by saying that it is the hard copy businesses across America. move forward on this bill and name being received in Rules Committee Mr. LINCOLN DIAZ-BALART of conferees. that needs to be done by the time that Florida. Madam Speaker, I would ask Why has the majority decided to hold has been specified by the Rules Com- my dear friend how many speakers he off on moving this bill, with bipartisan mittee. Timely filed amendments were has remaining. support, because that’s what this is. all made in order on the Republican Mr. CARDOZA. I have one additional This legislation has extraordinary bi- side for this measure. We certainly speaker that has arrived. partisan support. It was almost unani- Mr. LINCOLN DIAZ-BALART of look forward to our Republican col- mously passed by this House. Florida. Madam Speaker, we reserve. Why has the majority decided to hold leagues filing amendments in com- Mr. CARDOZA. Madam Speaker, I off on moving this bill forward? mittee when we’ve called for amend- would like to, at this time, yield 2 min- Well, according to several publica- ments to a bill, and encourage them to utes to the gentlewoman from Arizona tions, Madam Speaker, including Roll file on time. (Ms. GIFFORDS). Call, the majority intends to hold back Madam Speaker, at this time I would Ms. GIFFORDS. Madam Speaker, I from sending appropriations bills to yield 2 minutes to the gentlewoman rise today in support of the Small Busi- President Bush so that they can use an from Texas (Ms. JACKSON-LEE). ness Contracting Program Improve- upcoming anticipated veto of one such Ms. JACKSON-LEE of Texas. Madam ments Act. bill, the Labor-HHS appropriations bill Speaker, let me thank the distin- Small business, as we all know, is the to serve as an, and I quote, ‘‘an exten- guished gentleman from California lifeblood of our communities. Small sion of their successful public relations (Mr. CARDOZA), and thank the chair- businesses are responsible for cre- campaign on the SCHIP program.’’ woman and the ranking member of the ativity, innovation, and community in- full committee on the Small Business vestment. I honestly believe that a b 1115 Administration, and acknowledge the community that has strong small busi- So for purely partisan tactical rea- important step that is being made here nesses is a strong and vibrant commu- sons, Madam Speaker, the majority is today dealing with insuring govern- nity. holding back from sending to the Presi- ment contract opportunities for small This legislation is going to give small dent legislation to fund our veterans businesses owned and controlled by businesses in my home state, southern and military construction. service-disabled veterans. We are cer- Arizona, a chance to be competitive Now, recently, Madam Speaker, Re- tainly going to have more of those. with federal contracts, whether it’s in publican Leader BOEHNER took a step And every time you meet with a vet- Oro Valley down to Green Valley or towards naming House Republican con- erans group they wonder what are the Tucson all the way to Bisbee and to ferees. Now, Speaker PELOSI should fol- opportunities for them. Douglas. low suit and take the steps necessary Small businesses are the backbone of For example, OfficeSmart in Sierra to ensure that work can begin on writ- America and I do support this with leg- Vista, was founded in 1993 by Glenn ing the final veterans funding bill that islation. I also hope, however, that this McDaniel, a veteran, along with his can be enacted into law. bill does not do harm to the HUBZones wife, Diane. OfficeSmart has 12 em- Madam Speaker, every day that the that have been used by many small ployees and nearly 1,000 commercial majority chooses not to act to move businesses across America. And as we customers in southern Arizona. They this legislation forward, our Nation’s review it, I will look closely at this compete for federal contracts and to veterans lose $18.5 million. Our vet- legislation to ensure that HUBZones provide office supplies to Ft. Huachuca. erans deserve better than partisan are protected. This bill is going to keep federal con- bickering holding back their funding. And I ask the question as to the for- tract benefits targeted at local small So I urge my colleagues to help move mula that requires a site visit to the businesses like OfficeSmart in local this important bipartisan legislation small business and background checks. communities. It also honors our com- forward. I know for sure that many in the mi- mitment to disabled veterans. But, frankly, Madam Speaker, it is nority community use a small business We know with the wars in Iraq and an unfortunate fact to have to report as a step of opportunity out of a past Afghanistan there will be more and that this is the first time in 20 years that might not have been as they more veterans. This legislation also where we have reached this date, end of would have liked it to be. People who kick-starts the SBA’s Women’s Pro- October, and we are still waiting for are rehabilitated who move forward in curement Program. the first spending bill to be sent to the life should have an opportunity to pro- As a former president, CEO, and President for his signature. It is most vide for their families, and I would small business owner myself, I know unfortunate. Most unfortunate.

VerDate Aug 31 2005 03:40 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\H30OC7.REC H30OC7 mmaher on MIKETEMP with CONG-REC-ONLINE October 30, 2007 CONGRESSIONAL RECORD — HOUSE H12167 So I urge my colleagues to help move The material previously referred to Deschler’s Procedure in the U.S. House of the important legislation, the spending by Mr. LINCOLN DIAZ-BALART of Florida Representatives, the subchapter titled bill with regard to veterans and mili- is as follows: ‘‘Amending Special Rules’’ states: ‘‘a refusal tary construction, to move it forward, to order the previous question on such a rule AMENDMENT TO H. RES. 773 OFFERED BY MR. [a special rule reported from the Committee to send it to the President, to appoint LINCOLN DIAZ-BALART on Rules] opens the resolution to amend- conferees so that the final product can At the end of the resolution, add the fol- ment and further debate.’’ (Chapter 21, sec- be sent to the President. lowing: tion 21.2) Section 21.3 continues: Upon rejec- For that reason, Madam Speaker, we SEC. 3. The House disagrees to the Senate tion of the motion for the previous question oppose the previous question and urge amendment to the bill, H.R. 2642, making ap- on a resolution reported from the Committee all of our colleagues to join us in doing propriations for military construction, the on Rules, control shifts to the Member lead- so. Department of Veterans Affairs, and related ing the opposition to the previous question, Madam Speaker, I ask unanimous agencies for the fiscal year ending Sep- who may offer a proper amendment or mo- consent to insert the text of the tember 30, 2008, and for other purposes, and tion and who controls the time for debate agrees to the conference requested by the thereon.’’ amendment and extraneous materials Senate thereon. The Speaker shall appoint immediately prior to the vote on the Clearly, the vote on the previous question conferees immediately, but may declare a re- on a rule does have substantive policy impli- previous question. cess under clause 12(a) of rule I for the pur- cations. It is one of the only available tools The SPEAKER pro tempore. Is there pose of consulting the Minority Leader prior for those who oppose the Democratic major- objection to the request of the gen- to such appointment. The motion to instruct ity’s agenda and allows those with alter- tleman from Florida? conferees otherwise in order pending the ap- native views the opportunity to offer an al- There was no objection. pointment of conferees instead shall be in ternative plan. order only at a time designated by the Mr. LINCOLN DIAZ-BALART of Mr. CARDOZA. Madam Speaker, I Florida. Madam Speaker, I yield back Speaker in the legislative schedule within two additional legislative days after adop- yield back the balance of my time, and the balance of my time. I move the previous question on the Mr. CARDOZA. Madam Speaker, the tion of this resolution. resolution. gentleman from Florida, my friend, has (The information contained herein was The SPEAKER pro tempore. The indicated that we are not adequately provided by Democratic Minority on mul- question is on ordering the previous funding our Nation’s veterans. I would tiple occasions throughout the 109th Con- question. like to remind the gentleman, my good gress.) The question was taken; and the friend, that the recent Republican-led THE VOTE ON THE PREVIOUS QUESTION: WHAT Congress shortchanged veterans fund- Speaker pro tempore announced that IT REALLY MEANS the ayes appeared to have it. ing by failing to provide sufficient in- This vote, the vote on whether to order the creases to keep up with VA’s growing Mr. LINCOLN DIAZ-BALART of previous question on a special rule, is not Florida. Madam Speaker, on that I de- number of patients and the rising cost merely a procedural vote. A vote against or- of health care while they were in dering the previous question is a vote mand the yeas and nays. charge. against the Democratic majority agenda and The yeas and nays were ordered. In the summer of 2005, the VA con- a vote to allow the opposition, at least for The SPEAKER pro tempore. Pursu- fronted a $1.5 billion shortfall as they the moment, to offer an alternative plan. It ant to clause 8 and clause 9 of rule XX, significantly underestimated the is a vote about what the House should be de- this 15-minute vote on ordering the health care needs of the new veterans bating. previous question on House Resolution Mr. Clarence Cannon’s Precedents of the returning from Iraq and Afghanistan. 773 will be followed by 5-minute votes House of Representatives, (VI, 308–311) de- on adopting House Resolution 773, if or- This year the VA expects to treat 5.8 scribes the vote on the previous question on million patients, 1.6 million more than the rule as ‘‘a motion to direct or control the dered; suspending the rules and concur- in 2001. consideration of the subject before the House ring in the Senate amendment to H.R. The new Congress, under the Demo- being made by the Member in charge.’’ To 3678; and suspending the rules and pass- cratic majority, committed to taking defeat the previous question is to give the ing House Joint Resolution 58. the country in a new direction. For opposition a chance to decide the subject be- The vote was taken by electronic de- 2007, the Democratic-held Congress in- fore the House. Cannon cites the Speaker’s vice, and there were—yeas 216, nays creased veterans funding by $5.2 bil- ruling of January 13, 1920, to the effect that 180, not voting 36, as follows: ‘‘the refusal of the House to sustain the de- lion, and the Congress is proposing an mand for the previous question passes the [Roll No. 1013] additional increase of $3.8 billion more control of the resolution to the opposition’’ YEAS—216 than the President in fiscal year 2008. in order to offer an amendment. On March Abercrombie Cohen Green, Al That is the largest increase in veterans 15, 1909, a member of the majority party of- Ackerman Conyers Green, Gene funding in 77 years. fered a rule resolution. The House defeated Allen Cooper Grijalva The Democratic Congress once again the previous question and a member of the Altmire Costa Gutierrez opposition rose to a parliamentary inquiry, Andrews Costello Hall (NY) is bringing to the floor a bill that pro- Arcuri Courtney Hare vides real solutions to the obstacles asking who was entitled to recognition. Baca Crowley Harman facing America’s small business own- Speaker Joseph G. Cannon (R-Illinois) said: Baird Cuellar Hastings (FL) ‘‘The previous question having been refused, ers, innovators, and entrepreneurs. Baldwin Cummings Herseth Sandlin the gentleman from New York, Mr. Fitz- Bean Davis (AL) Higgins H.R. 3867 ensures that veterans, gerald, who had asked the gentleman to Becerra Davis (CA) Hinchey women, and minority-owned businesses yield to him for an amendment, is entitled to Berkley Davis (IL) Hirono and other underrepresented entre- the first recognition.’’ Berman Davis, Lincoln Hodes Berry DeFazio Holden preneurs receive the assistance they Because the vote today may look bad for Bishop (GA) DeGette Holt need to thrive in the Federal market- the Democratic majority they will say ‘‘the Bishop (NY) Delahunt Honda place. It also paves the way for them to vote on the previous question is simply a Blumenauer DeLauro Hooley develop their companies, create jobs, vote on whether to proceed to an immediate Boren Dicks Hoyer vote on adopting the resolution . . . [and] Boswell Dingell Israel and give a much-needed jolt to our has no substantive legislative or policy im- Boucher Doggett Jackson (IL) economy. plications whatsoever.’’ But that is not what Boyd (FL) Donnelly Jackson-Lee Madam Speaker, securing a Federal Boyda (KS) Doyle (TX) they have always said. Listen to the defini- Brady (PA) Edwards Johnson (GA) contract is a major boon for entre- tion of the previous question used in the Braley (IA) Ellison Johnson, E. B. preneurs, especially those owned by Floor Procedures Manual published by the Brown, Corrine Ellsworth Jones (OH) minority and veteran small businesses. Rules Committee in the 109th Congress, Butterfield Emanuel Kagen This bill is yet another step towards (page 56). Here’s how the Rules Committee Capps Eshoo Kaptur Capuano Etheridge Kennedy ensuring that these businesses are not, described the rule using information from Congressional Quarterly’s ‘‘American Con- Cardoza Farr Kildee in fact, left behind, but rather given Carnahan Fattah Kilpatrick gressional Dictionary’’: ‘‘If the previous Carney Filner Kind every opportunity to succeed. question is defeated, control of debate shifts I appreciate the debate with my Castor Frank (MA) Klein (FL) to the leading opposition member (usually Chandler Giffords Langevin friend from Florida, and I urge a ‘‘yes’’ the minority Floor Manager) who then man- Clarke Gillibrand Lantos vote on the rule and on the previous ages an hour of debate and may offer a ger- Clay Gonzalez Larsen (WA) question. mane amendment to the pending business.’’ Clyburn Gordon Larson (CT)

VerDate Aug 31 2005 03:40 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\H30OC7.REC H30OC7 mmaher on MIKETEMP with CONG-REC-ONLINE H12168 CONGRESSIONAL RECORD — HOUSE October 30, 2007 Lee Neal (MA) Sherman Wicker Wilson (SC) Young (AK) Buchanan Green, Gene McNerney Levin Oberstar Shuler Wilson (NM) Wolf Young (FL) Burgess Grijalva McNulty Lewis (GA) Obey Sires Burton (IN) Gutierrez Meek (FL) Lipinski Olver Skelton NOT VOTING—36 Butterfield Hall (NY) Meeks (NY) Loebsack Ortiz Slaughter Bono Hunter Paul Buyer Hall (TX) Melancon Lofgren, Zoe Pallone Smith (WA) Carson Inslee Price (GA) Calvert Hare Mica Lowey Pascrell Snyder Cleaver Issa Roskam Camp (MI) Harman Michaud Lynch Pastor Solis Cole (OK) Jefferson Shuster Campbell (CA) Hastert Miller (FL) Mahoney (FL) Payne Spratt Cramer Jindal Simpson Cannon Hastings (FL) Miller (MI) Maloney (NY) Perlmutter Stupak Cubin Johnson (IL) Souder Cantor Hastings (WA) Miller (NC) Markey Peterson (MN) Sutton Deal (GA) Kanjorski Space Capito Hayes Miller, Gary Marshall Pomeroy Tanner Engel Kucinich Stark Capps Heller Miller, George Matheson Price (NC) Tauscher Granger Lampson Tancredo Capuano Hensarling Mitchell Matsui Rahall Taylor Hinojosa Mack Waxman Cardoza Herger Mollohan McCarthy (NY) Rangel Thompson (CA) Hoekstra Musgrave Weller Carnahan Herseth Sandlin Moore (KS) McCollum (MN) Reyes Thompson (MS) Hulshof Myrick Wilson (OH) Carney Higgins Moore (WI) McDermott Richardson Tierney Carter Hill Moran (KS) McGovern Rodriguez Towns b 1146 Castle Hinchey Moran (VA) McIntyre Ross Tsongas Castor Hirono Murphy (CT) McNerney Rothman Udall (CO) Mr. GINGREY and Mr. BLUNT Chabot Hobson Murphy, Patrick McNulty Roybal-Allard Udall (NM) changed their vote from ‘‘yea’’ to Chandler Hodes Murphy, Tim Meek (FL) Ruppersberger Van Hollen ‘‘nay.’’ Clarke Holden Murtha Meeks (NY) Rush Vela´ zquez Clay Holt Nadler Melancon Ryan (OH) Visclosky Mr. COOPER and Mr. MCDERMOTT Cleaver Honda Napolitano Michaud Salazar Walz (MN) changed their vote from ‘‘nay’’ to Clyburn Hooley Neal (MA) Miller (NC) Sa´ nchez, Linda Wasserman ‘‘yea.’’ Coble Hoyer Neugebauer Miller, George T. Schultz Cohen Hunter Nunes Mitchell Sanchez, Loretta Waters So the previous question was ordered. Conaway Inglis (SC) Oberstar Mollohan Sarbanes Watson The result of the vote was announced Conyers Israel Obey Moore (KS) Schakowsky Watt as above recorded. Cooper Jackson (IL) Olver Moore (WI) Schiff Weiner The SPEAKER pro tempore. The Costa Jackson-Lee Ortiz Moran (VA) Schwartz Welch (VT) Costello (TX) Pallone Murphy (CT) Scott (GA) Wexler question is on the resolution. Courtney Johnson (GA) Pascrell Murphy, Patrick Scott (VA) Woolsey The resolution was agreed to. Crenshaw Johnson, E. B. Pastor Murtha Serrano Wu A motion to reconsider was laid on Crowley Johnson, Sam Payne Nadler Sestak Wynn Cuellar Jones (NC) Pearce Napolitano Shea-Porter Yarmuth the table. Culberson Jordan Pence f Cummings Kagen Perlmutter NAYS—180 Davis (AL) Kanjorski Peterson (MN) MESSAGE FROM THE SENATE Davis (CA) Kaptur Peterson (PA) Aderholt Forbes Miller (MI) Davis (IL) Keller Petri Akin Fortenberry Miller, Gary A message from the Senate by Ms. Davis (KY) Kennedy Pickering Alexander Fossella Moran (KS) Curtis, one of its clerks, announced Davis, David Kildee Pitts Bachmann Foxx Murphy, Tim Davis, Lincoln Kilpatrick Platts Bachus Franks (AZ) Neugebauer that the Senate has passed a bill of the Davis, Tom Kind Poe Baker Frelinghuysen Nunes following title in which the concur- DeFazio King (IA) Pomeroy Barrett (SC) Gallegly Pearce rence of the House is requested: DeGette King (NY) Porter Barrow Garrett (NJ) Pence Delahunt Kingston Price (GA) Bartlett (MD) Gerlach S. 2258. An act to temporarily extend the Peterson (PA) DeLauro Kirk Price (NC) Barton (TX) Gilchrest Petri programs under the Higher Education Act of Dent Klein (FL) Pryce (OH) Biggert Gingrey Pickering 1965, to amend the definition of an eligible Diaz-Balart, L. Kline (MN) Putnam Bilbray Gohmert not-for-profit holder, and for other purposes. Diaz-Balart, M. Knollenberg Radanovich Bilirakis Goode Pitts Platts Dicks Kuhl (NY) Rahall Bishop (UT) Goodlatte f Dingell LaHood Ramstad Poe Blackburn Graves Doggett Lamborn Rangel Porter Blunt Hall (TX) INTERNET TAX FREEDOM ACT Donnelly Langevin Regula Pryce (OH) Boehner Hastert AMENDMENTS ACT OF 2007 Doolittle Lantos Rehberg Bonner Hastings (WA) Putnam Doyle Larsen (WA) Reichert Boozman Hayes Radanovich The SPEAKER pro tempore. The un- Drake Larson (CT) Renzi Boustany Heller Ramstad finished business is the vote on the mo- Dreier Latham Reyes Brady (TX) Hensarling Regula tion to suspend the rules and concur in Duncan LaTourette Reynolds Broun (GA) Herger Rehberg Edwards Lee Richardson Brown (SC) Hill Reichert the Senate amendment to the bill, H.R. Ehlers Levin Rodriguez Brown-Waite, Hobson Renzi 3678, on which the yeas and nays were Ellison Lewis (CA) Rogers (AL) Ginny Inglis (SC) Reynolds ordered. Ellsworth Lewis (GA) Rogers (KY) Buchanan Johnson, Sam Rogers (AL) Emanuel Lewis (KY) Rogers (MI) Burgess Jones (NC) The Clerk read the title of the bill. Rogers (KY) Emerson Linder Rohrabacher Burton (IN) Jordan Rogers (MI) The SPEAKER pro tempore. The English (PA) Lipinski Ros-Lehtinen Buyer Keller Rohrabacher question is on the motion offered by Eshoo LoBiondo Ross Calvert King (IA) Ros-Lehtinen the gentlewoman from California (Ms. Etheridge Loebsack Rothman Camp (MI) King (NY) Everett Lofgren, Zoe Roybal-Allard Campbell (CA) Kingston Royce LINDA T. SA´ NCHEZ) that the House sus- Ryan (WI) Fallin Lowey Royce Cannon Kirk pend the rules and concur in the Sen- Farr Lucas Ruppersberger Sali Cantor Kline (MN) Fattah Lungren, Daniel Rush Saxton ate amendment to the bill, H.R. 3678. Capito Knollenberg Feeney E. Ryan (OH) Carter Kuhl (NY) Schmidt This will be a 5-minute vote. Ferguson Lynch Ryan (WI) Castle LaHood Sensenbrenner The vote was taken by electronic de- Filner Mack Salazar Chabot Lamborn Sessions vice, and there were—yeas 402, nays 0, Flake Mahoney (FL) Sali Coble Latham Shadegg not voting 30, as follows: Forbes Maloney (NY) Sa´ nchez, Linda Conaway LaTourette Shays Fortenberry Manzullo T. Crenshaw Lewis (CA) Shimkus [Roll No. 1014] Fossella Marchant Sanchez, Loretta Culberson Lewis (KY) Smith (NE) YEAS—402 Foxx Markey Sarbanes Davis (KY) Linder Smith (NJ) Frank (MA) Marshall Saxton Davis, David LoBiondo Smith (TX) Abercrombie Bartlett (MD) Bonner Franks (AZ) Matheson Schakowsky Davis, Tom Lucas Stearns Ackerman Barton (TX) Bono Frelinghuysen Matsui Schiff Dent Lungren, Daniel Aderholt Bean Boozman Sullivan Gallegly McCarthy (CA) Schmidt Diaz-Balart, L. E. Akin Becerra Boren Terry Garrett (NJ) McCarthy (NY) Schwartz Diaz-Balart, M. Manzullo Alexander Berkley Boswell Thornberry Gerlach McCaul (TX) Scott (GA) Doolittle Marchant Allen Berman Boucher Tiahrt Giffords McCollum (MN) Scott (VA) Drake McCarthy (CA) Altmire Berry Boustany Tiberi Gilchrest McCotter Sensenbrenner Dreier McCaul (TX) Andrews Biggert Boyd (FL) Gillibrand McCrery Serrano Duncan McCotter Turner Arcuri Bilbray Boyda (KS) Upton Gingrey McDermott Sessions Ehlers McCrery Baca Bilirakis Brady (PA) Gohmert McGovern Sestak Walberg Emerson McHenry Bachmann Bishop (GA) Brady (TX) Gonzalez McHenry Shadegg Walden (OR) English (PA) McHugh Bachus Bishop (NY) Braley (IA) Goode McHugh Shays Walsh (NY) Everett McKeon Baird Bishop (UT) Broun (GA) Goodlatte McIntyre Shea-Porter Fallin McMorris Wamp Baker Blackburn Brown (SC) Gordon McKeon Sherman Feeney Rodgers Weldon (FL) Baldwin Blumenauer Brown, Corrine Graves McMorris Shimkus Ferguson Mica Westmoreland Barrett (SC) Blunt Brown-Waite, Green, Al Rodgers Shuler Flake Miller (FL) Whitfield Barrow Boehner Ginny

VerDate Aug 31 2005 03:40 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\H30OC7.REC H30OC7 mmaher on MIKETEMP with CONG-REC-ONLINE October 30, 2007 CONGRESSIONAL RECORD — HOUSE H12169 Sires Thornberry Watson Bishop (GA) Ferguson Mahoney (FL) Sali Snyder Visclosky Skelton Tiahrt Watt Bishop (NY) Filner Maloney (NY) Sa´ nchez, Linda Solis Walberg Slaughter Tiberi Weiner Bishop (UT) Flake Manzullo T. Space Walden (OR) Smith (NE) Tierney Welch (VT) Blackburn Forbes Marchant Sanchez, Loretta Spratt Walsh (NY) Smith (NJ) Towns Weldon (FL) Blumenauer Fortenberry Markey Sarbanes Stark Walz (MN) Smith (TX) Tsongas Westmoreland Blunt Fossella Marshall Saxton Stearns Wamp Smith (WA) Turner Wexler Boehner Foxx Matheson Schakowsky Stupak Wasserman Snyder Udall (CO) Whitfield Bonner Frank (MA) Matsui Schiff Sullivan Schultz Solis Udall (NM) Schmidt Sutton Wicker Bono Franks (AZ) McCarthy (CA) Waters Space Upton Schwartz Tanner Wilson (NM) Boozman Frelinghuysen McCarthy (NY) Watson Spratt Van Hollen Boren Gallegly McCaul (TX) Scott (VA) Tauscher Wilson (SC) Watt Stark Vela´ zquez Sensenbrenner Taylor Boswell Garrett (NJ) McCollum (MN) Weiner Stearns Visclosky Wolf Serrano Terry Boucher Gerlach McCotter Welch (VT) Stupak Walberg Woolsey Sessions Thompson (CA) Boustany Giffords McCrery Weldon (FL) Sutton Walden (OR) Wu Sestak Thompson (MS) Boyd (FL) Gilchrest McDermott Westmoreland Tanner Walsh (NY) Wynn Boyda (KS) Gillibrand McGovern Shadegg Thornberry Tauscher Walz (MN) Yarmuth Shays Tiahrt Wexler Brady (PA) Gingrey McHenry Whitfield Taylor Wamp Young (AK) Brady (TX) Gohmert McHugh Shea-Porter Tiberi Wicker Terry Wasserman Young (FL) Braley (IA) Gonzalez McIntyre Sherman Tierney Wilson (NM) Thompson (CA) Schultz Broun (GA) Goode McKeon Shimkus Towns Wilson (SC) Thompson (MS) Waters Brown (SC) Goodlatte McMorris Shuler Tsongas Woolsey Brown, Corrine Gordon Rodgers Sires Turner NOT VOTING—30 Wu Brown-Waite, Graves McNerney Skelton Udall (CO) Carson Inslee Paul Ginny Green, Al McNulty Slaughter Udall (NM) Wynn Cole (OK) Issa Roskam Buchanan Green, Gene Meek (FL) Smith (NE) Upton Yarmuth Cramer Jefferson Shuster Burgess Grijalva Meeks (NY) Smith (NJ) Van Hollen Young (AK) ´ Cubin Jindal Simpson Burton (IN) Gutierrez Melancon Smith (WA) Velazquez Young (FL) Deal (GA) Johnson (IL) Souder Butterfield Hall (NY) Mica NOT VOTING—34 Engel Jones (OH) Sullivan Buyer Hall (TX) Michaud Granger Kucinich Tancredo Calvert Hare Miller (FL) Carson Inslee Scott (GA) Hinojosa Lampson Waxman Camp (MI) Harman Miller (MI) Cole (OK) Issa Shuster Hoekstra Musgrave Weller Campbell (CA) Hastert Miller (NC) Cramer Jefferson Simpson Hulshof Myrick Wilson (OH) Cannon Hastings (FL) Miller, Gary Cubin Jindal Smith (TX) Deal (GA) Johnson (IL) Souder ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Cantor Hastings (WA) Miller, George Capito Hayes Mitchell Engel Kirk Tancredo The SPEAKER pro tempore (during Capps Heller Mollohan Granger Kucinich Waxman the vote). Members are advised there Capuano Hensarling Moore (KS) Hinojosa Lampson Weller Hoekstra Musgrave Cardoza Herger Moore (WI) Wilson (OH) are 2 minutes remaining in the vote. Hoyer Myrick Carnahan Herseth Sandlin Moran (KS) Wolf Carney Higgins Moran (VA) Hulshof Paul b 1155 Carter Hill Murphy (CT) Hunter Roskam So (two-thirds being in the affirma- Castle Hinchey Murphy, Patrick ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Castor Hirono Murphy, Tim tive) the rules were suspended and the Chabot Hobson Murtha The SPEAKER pro tempore (during Senate amendment was concurred in. Chandler Hodes Nadler the vote). Members are advised there The result of the vote was announced Clarke Holden Napolitano are 2 minutes remaining on this vote. as above recorded. Clay Holt Neal (MA) Cleaver Honda Neugebauer b 1202 A motion to reconsider was laid on Clyburn Hooley Nunes the table. Coble Inglis (SC) Oberstar So (two-thirds being in the affirma- Stated for: Cohen Israel Obey tive), the rules were suspended and the Mrs. JONES of Ohio. Madam Speaker, on Conaway Jackson (IL) Olver joint resolution was agreed to. Conyers Jackson-Lee Ortiz rollcall No. 1014, I was speaking to a group of Cooper (TX) Pallone The result of the vote was announced students from my own district on the Capitol Costa Johnson (GA) Pascrell as above recorded. steps. Had I been present, I would have voted Costello Johnson, E. B. Pastor A motion to reconsider was laid on Courtney Johnson, Sam Payne ‘‘yea.’’ Crenshaw Jones (NC) Pearce the table. Crowley Jones (OH) Pence f f Cuellar Jordan Perlmutter Culberson Kagen Peterson (MN) PERSONAL EXPLANATION EXPRESSING SUPPORT FOR DES- Cummings Kanjorski Peterson (PA) IGNATION OF OCTOBER 2007 AS Davis (AL) Kaptur Petri Mrs. MYRICK. Madam Speaker, I was un- ‘‘COUNTRY MUSIC MONTH’’ Davis (CA) Keller Pickering able to participate in the following votes. If I Davis (IL) Kennedy Pitts The SPEAKER pro tempore. The un- Davis (KY) Kildee Platts had been present, I would have voted as fol- finished business is the vote on the mo- Davis, David Kilpatrick Poe lows: Davis, Lincoln Kind Pomeroy tion to suspend the rules and pass the October 29, 2007: rollcall vote No. 1010, on Davis, Tom King (IA) Porter motion to suspend the rules and pass, as joint resolution, H.J. Res. 58, on which DeFazio King (NY) Price (GA) the yeas and nays were ordered. DeGette Kingston Price (NC) amended—H.R. 3224, the Dam Rehabilitation The Clerk read the title of the joint Delahunt Klein (FL) Pryce (OH) and Repair Act of 2007—I would have voted DeLauro Kline (MN) Putnam ‘‘nay’’; rollcall vote No. 1011, on motion to resolution. Dent Knollenberg Radanovich The SPEAKER pro tempore. The Diaz-Balart, L. Kuhl (NY) Rahall suspend the rules and pass, as amended—H. question is on the motion offered by Diaz-Balart, M. LaHood Ramstad Res. 573, Recognizing and commending the Dicks Lamborn Rangel the gentleman from Texas (Mr. efforts of the United States public and advo- Dingell Langevin Regula cacy groups to raise awareness about and HINOJOSA) that the House suspend the Doggett Lantos Rehberg rules and pass the joint resolution, H.J. Donnelly Larsen (WA) Reichert help end the worsening humanitarian crisis Res. 58. Doolittle Larson (CT) Renzi and genocide in Darfur, Sudan, and for other Doyle Latham Reyes purposes—I would have voted ‘‘aye’’; rollcall This will be a 5-minute vote. Drake LaTourette Reynolds The vote was taken by electronic de- Dreier Lee Richardson vote No. 1012, on motion to suspend the rules vice, and there were—yeas 398, nays 0, Duncan Levin Rodriguez and agree—H. Res. 747, Recognizing the reli- Edwards Lewis (CA) Rogers (AL) not voting 34, as follows: gious and historical significance of the festival Ehlers Lewis (GA) Rogers (KY) of Diwali—I would have voted ‘‘aye.’’ [Roll No. 1015] Ellison Lewis (KY) Rogers (MI) Ellsworth Linder Rohrabacher October 30, 2007: rollcall vote No. 1013, on YEAS—398 Emanuel Lipinski Ros-Lehtinen ordering the previous question—H. Res. 773, Abercrombie Baca Barton (TX) Emerson LoBiondo Ross Providing for consideration of the bill (H.R. Ackerman Bachmann Bean English (PA) Loebsack Rothman Aderholt Bachus Becerra Eshoo Lofgren, Zoe Roybal-Allard 3867) to update and expand the procurement Akin Baird Berkley Etheridge Lowey Royce programs of the Small Business Administra- Alexander Baker Berman Everett Lucas Ruppersberger tion, and for other purposes—I would have Allen Baldwin Berry Fallin Lungren, Daniel Rush voted ‘‘nay’’; rollcall vote No. 1014, to suspend Altmire Barrett (SC) Biggert Farr E. Ryan (OH) Andrews Barrow Bilbray Fattah Lynch Ryan (WI) the rules and agree to the Senate amend- Arcuri Bartlett (MD) Bilirakis Feeney Mack Salazar ment—H.R. 3678, Internet Tax Freedom Act

VerDate Aug 31 2005 03:40 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00013 Fmt 7634 Sfmt 9920 J:\CRONLINE\2007BA~1\2007NE~2\H30OC7.REC H30OC7 mmaher on MIKETEMP with CONG-REC-ONLINE H12170 CONGRESSIONAL RECORD — HOUSE October 30, 2007 Amendments Act of 2007—I would have voted the Committee of the Whole House on tracting. For those men and women re- ‘‘aye’’; rollcall vote No. 1015, on motion to the state of the Union for the consider- turning from Iraq and Afghanistan, suspend the rules and pass—H.J. Res. 58, ation of the bill, H.R. 3867. many with life-altering injuries, this Country Music Month—I would have voted b 1203 bill will provide the tools to start a ‘‘aye.’’ new endeavor and begin a new life. IN THE COMMITTEE OF THE WHOLE f These changes would go a long way to Accordingly, the House resolved addressing many of the program’s PERSONAL EXPLANATION itself into the Committee of the Whole shortcomings that have frustrated our Mr. LAMPSON. Madam Speaker, on rollcall House on the state of the Union for the Nation’s small business owners. Nos. 1013, 1014, and 1015, had I been consideration of the bill (H.R. 3867) to Mr. Chairman, H.R. 3867 also fights present, I would have voted ‘‘yea’’ on all. update and expand the procurement of fraud in the Federal marketplace. Con- the Small Business Administration, tracting opportunities are a privilege, f and for other purposes, with Mr. not a right. The Small Business Con- PERSONAL EXPLANATION HOLDEN in the chair. tracting Improvement Act makes that The Clerk read the title of the bill. clear. For the first time, we are impos- Mr. COLE of Oklahoma. Madam Speaker, The CHAIRMAN. Pursuant to the ing a business code of conduct on all on Tuesday, October 30, 2007, I was unavoid- rule, the bill is considered read the participants, requiring the Federal ably detained due to a prior obligation. first time. Government to verify that individuals Had I been present and voting, I would have The gentlewoman from New York are who they claim and empowering voted as follows: (1) Rollcall vote No. 1013: (Ms. VELA´ ZQUEZ) and the gentleman small firms to police their own pro- ‘‘nay’’ (Previous Question on the Rule pro- from Ohio (Mr. CHABOT) each will con- grams. This will restore integrity to viding for H.R. 3867); (2) rollcall vote No. trol 30 minutes. these critical programs. 1014: ‘‘yea’’ (On agreeing to the Senate The Chair recognizes the gentle- Through modernizing programs and Amendment on H.R. 3678 under suspension woman from New York. increasing accountability, H.R. 3867 of the rules, the Internet Tax Freedom Act); Ms. VELA´ ZQUEZ. Mr. Chairman, I brings SBA’s contracting programs (3) rollcall vote No. 1015: ‘‘yea’’ (Passage of yield myself such time as I may con- into the 21st century. It is for this rea- H.J. Res. 58 under suspension of the rules, sume. son that this legislation has attracted Expressing support for designation of the Mr. Chairman, in recent years, the remarkably broad support, including month of October 2007 as ‘‘Country Music Federal marketplace has seen phe- the National Federation of Independent Month’’ and to honor country music for its long nomenal growth. However, while pro- Business, the Associated General Con- history of supporting America’s armed forces curement opportunities are increasing, tractors, the American Legion, Vet- and its tremendous impact on national patriot- agencies are failing to meet their small erans of Foreign Wars, AMVETS, the ism). business, women, service-disabled vet- U.S. Hispanic Chamber of Commerce, f erans, minority and low-income con- the National Black Chamber of Com- merce, the U.S. Women’s Chamber of PERSONAL EXPLANATION tracting goals. This has not only cost small businesses billions of dollars in Commerce, the International Fran- Mr. JOHNSON of Illinois. Madam Speaker, lost opportunities but deprives the gov- chise Association, as well as the Na- unfortunately today, October 30, 2007, I was ernment of a valuable supplier. tional Defense Industrial Association unable to cast my votes on H. Res. 773, H.R. Our Nation’s entrepreneurs play an and the Aerospace Industries Associa- 3678, and H.J. Res. 58 and wish the record to important role in the procurement sys- tion. reflect my intentions had I been able to vote. tem, providing diversity, competition, This is a measured approach that bal- Had I been present for rollcall No. 1013 on and ensuring we get the best value for ances the need to give program flexi- Ordering the Previous Question on H. Res. the taxpayers’ dollar. To help them get bility within the realities of current 773, Providing for consideration of the bill a start, there is an array of contrib- agency buying strategies. It is good for (H.R. 3867) to update and expand the pro- uting programs offering technical as- small business, good for the agency, curement programs of the Small Business Ad- sistance, purchasing flexibility and tar- and, most importantly, good for tax- ministration, and for other purposes, I would geted benefits. Unfortunately, due to payers. have voted ‘‘nay.’’ legislative neglect, under funding and I urge my colleagues to support this legislation. Had I been present for rollcall No. 1014 on mismanagement by several administra- Mr. Chairman, I reserve the balance suspending the rules and agreeing to the Sen- tions, the programs have fallen far ate Amendment to H.R. 3678, the Internet Tax of my time. short of their full potential, leaving Mr. CHABOT. Mr. Chairman, I yield Freedom Act Amendments Act of 2007, I many small businesses outside of the would have voted ‘‘yea.’’ myself such time as I may consume. Federal marketplace. Mr. Chairman, I rise in opposition to Had I been present for rollcall No. 1015 on The Small Business Contracting Pro- H.R. 3867, the Small Business Con- suspending the rules and passing H.J. Res. gram Improvements Act, introduced by tracting Program Improvements Act. I 58, Country Music Month, I would have voted myself and Representative Mary strongly support the provisions in the ‘‘yea.’’ Fallin, will change that by making im- bill that help those Americans, vet- f portant improvements to women, mi- erans of our Armed Forces, who have nority, HUBZone and service-disabled GENERAL LEAVE provided the great sacrifices to defend veteran contracting programs. H.R. ´ our freedom and our way of life. How- Ms. VELAZQUEZ. Madam Speaker, I 3867 will immediately implement the ever, there are other provisions that ask unanimous consent that all Mem- Women’s Procurement Program that are sufficiently problematic that bers have 5 legislative days to revise has languished in the current adminis- makes it impossible for me to support and extend their remarks and enter tration’s endless delays. It also updates the overall bill. into the RECORD any extraneous mate- the economic criteria for the 8(a) pro- In 1997, Congress established the His- rials on the bill under consideration. gram, reflecting current fiscal reali- torically Underutilized Business Zone, The SPEAKER pro tempore (Mrs. ties. The last time Congress addressed or HUBZone program. The program is TAUSCHER). Is there objection to the re- the 8(a) program was almost 20 years designed to assist areas of low income quest of the gentlewoman from New ago, when a gallon of gas was 90 cents and high unemployment by providing York? and the average cost of a home was less incentives for government contractors There was no objection. than $90,000. For too long we have to relocate in these areas and expand f forced minority businesses to operate their operations. By making it easier under antiquated financial standards for small businesses located in SMALL BUSINESS CONTRACTING that in many cases were simply setting HUBZones to win Federal contracts, PROGRAM IMPROVEMENTS ACT them up to fail. Congress expected more government The SPEAKER pro tempore. Pursu- Most importantly, this legislation contractors to relocate in these areas ant to House Resolution 773 and rule will give our service-disabled veterans and provide an important component XVIII, the Chair declares the House in top priority when it comes to con- to their revitalization.

VerDate Aug 31 2005 03:40 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\H30OC7.REC H30OC7 mmaher on MIKETEMP with CONG-REC-ONLINE October 30, 2007 CONGRESSIONAL RECORD — HOUSE H12171 As anyone who has traveled through consider a Member of Congress to be step towards helping those, particu- many urban and rural districts real- economically disadvantaged. larly the economically disenfranchised, izes, they have a large number of These are only some of our concerns to be able to have industries that are HUBZones. Unfortunately, H.R. 3867 about the bill that we have before us underrepresented, to now have the could make it more difficult for here today. While some of these con- competition remain with women busi- HUBZone firms to win government cerns are technical in nature, my pri- ness owners. And if they are substan- contracts and thereby detract from the mary dispute with the bill is that it tially underrepresented, it can then ability of this program to help revi- continues, unfortunately, to segment open up to those women business own- talize urban and rural areas that need the small business government con- ers who are not economically disadvan- greater economic development. tracting arena. The result is that, in taged. So I speak up in support of this Mr. Chairman, while I concur with our opinion, rather than growing op- bill both for veterans and for women. the Chair of the committee that we portunities for all small businesses, it Mr. CHABOT. Mr. Chairman, I re- need to ensure that only firms eligible pits all of these deserving groups serve the balance of my time. for the HUBZone program participate, against one another. That, in our view, Ms. VELA´ ZQUEZ. Mr. Chairman, I it is unnecessary to take punitive ac- undermines their ability to speak as a yield to the gentlewoman from New tion against HUBZone firms as a result united front in debates over Federal York (Ms. CLARKE), a member of the of a few bad actors. I am sure that if we procurement policy that would pro- committee and a cosponsor of the bill, scrutinize each of the procurement promote all of their interests. for 2 minutes. grams, we could find a few bad actors Despite my disagreement with the Ms. CLARKE. Mr. Chairman, first I in each. That justifies taking appro- chairwoman, I do not doubt her sincere would like to thank the gentlewoman priate legal action against the bad ac- desire to improve the SBA contracting from New York (Ms. VELA´ ZQUEZ) for tors. It does not, in our view, neces- programs. The Chair and her staff, par- her leadership in bringing this bill to sitate punishing the firms that com- ticularly Michael Day and Adam the floor today and her steadfast com- plied with the letter and spirit of the Minehardt, should be commended for mitment to the small businesses of our law. their efforts in trying to find a solution Nation. It also is important to note that a that I, in good conscience, could have I support the Small Business Con- number of the issues raised in this leg- supported. However, the philosophical tracting Program Improvements Act, islation are being addressed by the ad- gap was simply too large to span. which encourages participation by ministrator of the SBA. I certainly un- Therefore, I cannot support this legis- qualified small businesses and im- derstand the frustration that Members lation. I would urge my colleagues to proves key sections of the Small Busi- of Congress have when the executive vote ‘‘no.’’ ness Act to prevent fraud in the SBA’s branch does not implement legislation Mr. Chairman, I reserve the balance contracting programs. in a timely manner. Nevertheless, one of my time. H.R. 3867 requires the Small Business aspect of this bill involves a program Ms. VELA´ ZQUEZ. Mr. Chairman, I Administration to immediately imple- that has not been implemented for 7 yield 2 minutes to a member of the ment the Women’s Procurement Pro- years. While that normally would sug- Small Business Committee, the gen- gram after 7 years of no action by the gest further legislative action, the ad- tleman from Pennsylvania (Mr. administration to put the program in ministrator, we believe, is doing every- SESTAK). action. thing possible at this point to issue Mr. SESTAK. Mr. Chairman, I rise in It will allow agencies to limit com- rules, a process that can take time. In support of this bill for two goods that petition for Federal contracts only to addition, the program is the subject of are within it. The first has to do with women business owners in industries a lawsuit in which the plaintiffs have our servicemembers, those that have that have been closed to them. This not sought any subsequent court action become disabled because of their serv- legislation now requires SBA to evalu- for nearly 2 years since the Federal ice. This bill, for the first time, gives ate industries where women entre- Court ruled that the SBA violated the priority, even if it’s just one company preneurs are economically disadvan- Administrative Procedure Act and that is veteran-owned and has the serv- taged and gives the SBA authority to failed to implement the program. ice-disabled owning that company, waive any restrictions where women- Mr. Chairman, I also would point out even if there are other competitors. I owned enterprises are substantially that the bill as reported out of com- think this is extremely important, par- underrepresented. mittee, in our opinion, would only ticularly in this time of war in Iraq I believe this bill will finally correct complicate the implementation of the and Afghanistan. the imbalance in the number of procurement program. While I under- women-owned businesses nationally stand that the chairwoman will be of- b 1215 when compared to their presence in the fering an amendment to correct that I say that because in World War II, Federal marketplace. problem, it does so by classifying 92 on average, our soldiers had 182 days of H.R. 3867 also strengthens the percent of the industries in the United combat. In between horrific battles of HUBZone program by requiring con- States as historically underrepresented Guadalcanal, Iwo Jima or the Battle of struction contracts to be performed by women businesses and Federal pro- the Bulge, there was dwell time in within a reasonable distance of the par- curement. While I concur that women which our servicemembers had time to ticular HUBZone the contractor is to are historically underrepresented in rest before the next onslaught. benefit. It will limit construction con- the Federal procurement arena, the In the war in Iraq, our servicemem- tract awards being performed more amendment paints, we believe, with a bers go outside the wire every day into than 150 miles from the primary office broad, over-inclusive brush, and may combat for 15 months. We are seeing a location of the HUBZone-approved include numerous industries in which higher rate of post-traumatic stress company. businesses are not underrepresented by disorder coming back than we have The Small Business Contracting Pro- women entrepreneurs. seen in any war. Some say over 30 per- gram Improvements Act modernizes I also need to point out that the bill cent. That will feed into our society. the 8(a) program to update and revise would classify individuals as economi- So that this bill addresses the fact qualification requirements and ensure cally disadvantaged if they have assets that our society owes something to that 8(a) contracts go to qualified com- exclusive of their primary residence those who wear the cloth of this Na- panies. and their business up to $550,000. So tion, particularly in such a challenging This bill provides an opportunity for over a half million dollars. According war, I speak up in support of it. all qualified small businesses to have a to research by our staff, roughly half The second is women business own- fair opportunity in the Federal mar- the Members of Congress, half the ers. The fact that the goal has been for ketplace. I want to thank Chairwoman Members of this body would qualify as years that 5 percent of all Federal con- VELA´ ZQUEZ for her steadfast commit- economically disadvantaged under that tracts will go to women business own- ment to the women, minority-owned standard. I find it very difficult to be- ers, we have only met the goal of 3.4 and disabled veterans and disadvan- lieve that the average American would percent. I believe this bill goes a large taged small businesses of America. I

VerDate Aug 31 2005 03:40 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\H30OC7.REC H30OC7 mmaher on MIKETEMP with CONG-REC-ONLINE H12172 CONGRESSIONAL RECORD — HOUSE October 30, 2007 strongly support this legislation, and I on sole-source contracts for 8(a) com- Standards of Official Conduct, 2 min- urge my colleagues to do likewise. panies. utes. Mr. CHABOT. Mr. Chairman, we have H.R. 3867 includes both of these es- Mrs. JONES of Ohio. Mr. Chairman, no further speakers, and I continue to sential changes which are important it gives me great pleasure to come to reserve the balance of my time. not only to many small businesses in the floor in support of this great legis- Ms. VELA´ ZQUEZ. Mr. Chairman, I my district, but to countless American lation. I want to say I am so proud of yield 2 minutes to the gentleman from entrepreneurs around the country, in- the Chair of the Small Business Com- Texas (Mr. REYES), an original cospon- cluding our veterans. mittee. She was my first ranking mem- sor of the legislation and chairman of Mr. Chairman, this is a good bill. I ber when I came to the Congress back the Intelligence Committee. am proud to be an original cosponsor of in 1999, and I had the opportunity to Mr. REYES. Mr. Chairman, I thank it, and I urge all of my colleagues to serve on the Small Business Com- the gentlewoman for yielding me this give it their full support. Again I thank mittee along with Financial Services. time. Chairwoman VELA´ ZQUEZ for the time to We have all been talking about small I rise in support H.R. 3867, the Small speak here today and for her untiring businesses and how important it is, and Business Contracting Program Im- leadership on behalf of small busi- it is all right to talk about it. But if provements Act of 2007. I would like to nesses. you don’t do anything about it, that give special recognition to our distin- Mr. CHABOT. Mr. Chairman, I represents a problem. guished chairman of the Small Busi- serve the balance of my time. I think about the district that I rep- ness Committee, Chairwoman Ms. VELA´ ZQUEZ. Mr. Chairman, I resent, the greater Cleveland area, and VELA´ ZQUEZ, for her tireless work over yield 2 minutes to the gentleman from the need we have to do economic devel- the years on behalf of America’s small California (Mr. BACA), chairman of the opment in the City of Cleveland. I am business owners, many of whom reside Congressional Hispanic Caucus. so glad this legislation focuses in on in my district of El Paso, Texas. (Mr. BACA asked and was given per- some of those areas. I represent a dis- I would also like to commend Con- mission to revise and extend his re- trict that is 52 percent African Amer- gressman BRUCE BRALEY who, in just marks.) ican, and it is important that African his first year in Congress and as chair- Mr. BACA. Mr. Chairman, I rise to American businesses in my congres- man of the Small Business Contracting support H.R. 3867, the Small Business sional district have an opportunity to Subcommittee, has proven to be an Contracting Program Improvements sit at the public too and receive some outstanding fighter for small busi- Act. I want to thank my colleague, of those dollars in terms of developing nesses. Chairperson VELA´ ZQUEZ, for her leader- their businesses. H.R. 3867 expands opportunities for ship. One of the things that has happened small businesses owned by veterans. Small business is the backbone of our over the years is being a minority busi- And veterans, and in particular dis- economy. And I state, small business is ness has gotten so good, there are peo- abled veterans who own businesses, are the backbone of our economy. Over 4 ple who perpetrate. That means they going to be watching very closely how million minority businesses represent pretend they are a minority business. Members vote on this bill here today. almost 20 percent of all firms in this They will get a minority to stand in It also expands opportunities for country. They generate nearly $7 bil- the front of their business, and the women who will also look at how peo- lion annual revenue and employ almost business is really a majority business. ple support their efforts in the small 5 million workers. And I state, 5 mil- Or they will get a woman to stand in business community. Minorities are lion workers. front, and it is really a majority busi- watching very closely who votes for Minorities make up 32 percent of the ness. And this legislation focuses in on this legislation, and all others who population of this country, but they the fraud. constitute the most critical force for only represent 18 percent of all small I am so happy because there are so economic growth in our country. businesses. This bill will close the gap, many businesses that deserve an oppor- While I support this bill as a whole, I and I state, will close the gap by im- tunity to do business with the Federal today want to speak specifically about proving the Small Business Adminis- Government. In addition, there are so the provisions of this bill that mod- tration’s small and minority business many other areas of focus that this ernize and update the 8(a) program at procurement programs and will help chairwoman has put a focus on around the Small Business Administration. In disabled veterans, women, minority small business. 1968, Congress established 8(a) to assist businesses, both Hispanic, black, If we really believe that small busi- small businesses owned by citizens who Asians and others, and provides small ness is the engine that pushes and are socially and economically dis- business minority businesses the as- grows America, let’s give small busi- advantaged. Over the years, the 8(a) sistance they need to grow and prosper. nesses the train to push it. I thank her program has helped ten of thousands of Like in the Inland Empire where the for her leadership. I thank her for an businesses grow and prosper by allow- majority of businesses are small busi- opportunity to speak this afternoon. I ing entrepreneurs valuable access to nesses and represent the largest growth encourage all of my colleagues from Federal contracts. and the engine that drives the economy the Democrats, as well as the Repub- A large part of the program’s success in the State of California, SBA 8(a) lican, who truly believe that small is a provision that makes companies programs, which open the doors to business needs a leg up to support this with 8(a) certification eligible for more than half of all Federal minority legislation. smaller government contracts on a business contracts, have not been up- Mr. CHABOT. Mr. Chairman, I con- sole-source basis. In 1968, those smaller dated since 1988. tinue to reserve. contracts were defined as contracts not This bill revamps the program to im- Ms. VELA´ ZQUEZ. Mr. Chairman, I exceeding $3 million in value for serv- prove 8(a) firms’ ability to secure in have no further speakers and I am pre- ices or $5 million in value for manufac- the Federal sector. It is time to level pared to close if the gentleman is pre- turing. Unfortunately, in the nearly 40 the playing field so the small minority pared to close. years since, these limits have barely business firms have equal access to Mr. CHABOT. Mr. Chairman, we have risen, leaving our small businesses an Federal contracts. Every dollar in- already stated our concerns about the ever-shrinking slice of the Federal con- vested in the 8(a) program results in bill in particular, but I would again tracting pool. over $4 million in contracts to minor- emphasize the fact that the chair- Earlier this year I introduced H.R. ity entrepreneurs. This translates into woman did reach out, and her staff did 1611, the 8(a) Modernization Act, to more jobs across the Nation. I urge my as well. But philosophically, this was a turn the clock forward for the thou- colleagues to support this bill. bridge too far. We want to thank them sands of small businesses that we have Mr. CHABOT. Mr. Chairman, I con- again for working in a cooperative unfortunately left behind. This bill tinue to reserve. manner. This is a committee that does two things: one, it increases the Ms. VELA´ ZQUEZ. Mr. Chairman, I under the Chair’s direction has worked allowable net worth for 8(a) partici- yield to Mrs. TUBBS JONES from Ohio, very much with the minority, and we pants; and, two, it increases the limit the chairwoman of the Committee on want to thank them and hope that we

VerDate Aug 31 2005 03:40 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\H30OC7.REC H30OC7 mmaher on MIKETEMP with CONG-REC-ONLINE October 30, 2007 CONGRESSIONAL RECORD — HOUSE H12173 can continue to work together on bills Second, the Senate version gives 7 months cations services and other services that are in the future. for certain States to adjust to a phase-out of not used to provide Internet access. For ex- Mr. Chairman, I yield back the bal- additional grandfather protection they have ample, the moratorium does not allow an ance of my time. been claiming. Internet access provider to claim or to seek ´ Ms. VELAZQUEZ. Mr. Chairman, the Third, the Senate version expands the defi- immunity from State or local taxes for the pro- improvements made under H.R. 3867 nition of Internet access to prohibit taxation of vision of other services—such as cable tele- are commonsense changes that would certain services which are fee-based, not vision programming—that are separate from modernize and increase program ac- packaged with Internet access, and offered Internet access. Nor does the moratorium ex- countability. Coupled with the sweep- from sources other than providers of Internet empt telecommunications services provided ing reform the House passed earlier access. over the same facilities that are not used to this year to our procurement system, Fourth, the Senate version prohibits a State provide Internet access.’’ this bill will have an immediate impact from reimposing Internet access taxes under a Clarifies in subparagraph C that services in- on every facet of the small business grandfather clause if the State had eliminated cidental to and provided with a connection to community, including women, minori- those taxes more than 2 years ago. the Internet are not taxable. Such services are ties and service-disabled veterans. While these lengthier time periods, ex- generally offered for free and provide the user It is for these reasons H.R. 3867 has panded definitions, and tighter restrictions on with basic services to make the Internet func- some of the most diverse support of the States go beyond where the House drew tional for the user. any bill coming out of the committee the line, I believe the new line is within rea- Addresses in subparagraph D concerns that this year, ranging from small business sonable bounds, and responds to many of the the existing definition allows goods or services trade groups including NFIB, the Inter- same considerations that motivated the House that are used or delivered over the Internet to national Franchise Association and the in crafting the version passed 2 weeks ago. become subject to the moratorium if they are Associated General Contractors to mi- Like the House bill, the Senate version is offered as a package with Internet access. In nority advocates such as the Black, designed to allow businesses sufficient time to 2004, concerns about the bundling provision Hispanic and Women’s Chambers of plan, ensure that consumers continue to ben- led to a specific exception from the morato- Commerce. It also has the support of efit from tax-free access to the Internet during rium for voice-over-internet-protocol services. veterans groups, including the Amer- this period, while enabling Congress to revisit This section defines the VOIP exception of the ican Legion, VFW and AMVETS, as the moratorium in light of developments in the current law as one of the services that is spe- well as Aerospace Industries Associa- States or in technology—as Congress had cifically excluded from Internet access and tion and the National Defense Indus- done each time it has extended the original makes it clear that neither VOIP nor any other trial Association. moratorium—in 2001, 2004 and in this bill. good or service that uses the Internet is sub- With the passage of H.R. 3867, we in- The Senate version remains true to the es- crease opportunities for entrepreneurs ject to the moratorium. Since VOIP is specifi- sential goals of the House bill, including our cally excluded from the definition of Internet to become valuable suppliers to the refinements to the definition of Internet access Federal Government, recognizing their access, the existing exception for VOIP was and our decision to provide a temporary ex- contribution to the economy. removed as redundant. tension of the moratorium. Like the House bill, I just would like to take a moment to Includes in the new definition in subpara- thank the staff that worked on this it is designed to minimize adverse effects on graph E certain services that would be subject legislation: from the Small Business State and local government revenue, to treat to the moratorium under subparagraph C if of- Committee majority staff, Adam businesses fairly, and to keep Internet access fered with a service described in subpara- Minehardt, LeAnn Delaney and Mi- affordable to consumers. graph A, are part of the moratorium even Nonetheless, we must be mindful of the po- chael Day; from the minority staff, though they are fee-based and offered sepa- Barry Pinclis and Kevin Fitzpatrick; tential misinterpretation of the new definition of rately from a service described in subpara- Internet access. Therefore, I state our intent in and Nate Webb from Ms. FALLIN’s staff. graph A. The list of services under this sub- I strongly urge my colleagues to vote revising the definition. H.R. 3678: paragraph is meant to be limited and exhaus- for H.R. 3867, Small Business Con- Alters the current definition of ‘‘Internet active. tracting Program Improvements Act. cess’’ by making it clear that the prohibition on Mr. Chairman, H.R. 3678 as amended by Mr. CONYERS. Mr. Chairman, two weeks State and local taxation extends to that portion the Senate remains a good, strong bill that ago, the House agreed nearly unanimously to of a service that connects a user to the Inter- provides much needed clarity to the commu- pass H.R. 3678, the Internet Tax Freedom Act net and enables a user to navigate the Inter- nications and Internet industries, and strikes Amendments Act. Most significantly, that bill net for the purpose of gaining access to the an appropriate balance in addressing the would extend the Internet tax moratorium and content, information and services that are needs of States and local governments while grandfather protections for 4 years, clarify the available over the Internet (section 1105(5)(A) helping keep Internet access affordable. treatment of gross receipts taxes, and revise of the Internet Tax Freedom Act as amended Mr. Chairman, I urge my colleagues on both the definition of Internet access. by this bill). This new definition eliminates ex- sides of the aisle to join me in supporting this As my distinguished colleague from North isting language that could have been inter- bill as the Senate has sent it back to us. Carolina, Congressman WATT, stated on the preted to allow an Internet service provider to Mr. BRALEY of Iowa. Mr. Chairman, I would floor that day, the House bill was ‘‘an excellent bundle content, information, and services that like to take a moment to thank Small Business example of what can occur when we work to- might otherwise be taxable with Internet ac- Committee Chairwoman NYDIA VELA´ZQUEZ and gether—on both sides of the aisle—to deal cess and claim that the entire package is ex- Ranking Member STEVE CHABOT for all the with highly complex issues.’’ empt. great work they have done in the Small Busi- Our bipartisan legislation was supported by Preserves in subparagraph B of the new ness Committee this year. industry groups such as the Don’t Tax Our definition of Internet access changes made to As Chairman of the Small Business Sub- Web Coalition, as well as by various govern- the definition in the Internet Tax Non- committee on Contracting and Technology and ment organizations like the National Gov- discrimination Act (P.L. 108–435) regarding a cosponsor of this legislation, I applaud their ernors Association, the Federation of Tax Ad- the taxation of certain telecommunications. efforts on the Small Business Contracting Im- ministrators, the National Conference of May- The language is modified in this bill only as to provements Act of 2007. This act proposes ors, and the National Conference of State form to fit the new definition of Internet access important improvements to the Small Business Legislatures. It was also supported by a wide as contained in this bill. The provision is in- Administration’s small and minority business range of labor and union groups. And with that tended to insure that all technologies used to procurement programs. broad support, the House passed H.R. 3678 access the Internet (e.g. cable, satellite, wire- Today I am proud to introduce an amend- by a vote of 405–2. less, DSL, etc.) and the components used to ment with Congressman PETER WELCH on an The Senate has returned the bill to us with provide the access are subject to the morato- issue that could have a potential impact in my some amendments, and so now we are con- rium and protected from taxation by State and district. This amendment requires the Small sidering it again. There are four changes: local governments. As noted in the Committee Business Administration to conduct a study on First, the Senate version extends the mora- Report accompanying the bill that ultimately the effectiveness of the HUBZone program in torium on State and local taxes on Internet ac- became Pub. L. No. 108–435 (Senate Report reaching rural areas. Rural areas make up a cess, with the grandfather protections, for 7 108–155, 108th Congress, 1st Session, p. 4), big part of my District and I want to ensure years, until November 1, 2014, rather than the the definition ‘‘is not meant to affect States that my constituents are not overlooked when 4 years in the House bill. and local taxation of traditional telecommuni- it comes to federal contracting opportunities.

VerDate Aug 31 2005 03:40 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00017 Fmt 7634 Sfmt 9920 J:\CRONLINE\2007BA~1\2007NE~2\H30OC7.REC H30OC7 mmaher on MIKETEMP with CONG-REC-ONLINE H12174 CONGRESSIONAL RECORD — HOUSE October 30, 2007 H.R. 3867 will help small businesses. In the The Small Business Contracting Improve- been awarded contracts that were set aside Small Business Subcommittee on Contracting ments Act also strengthens and modernizes for small businesses. and Technology’s first hearing, we heard wit- contracts for small businesses and sets stand- In fact, another government agency had nesses representing women-owned busi- ards to protect the integrity and consistency. given them an award for outstanding ‘‘small nesses describe how the federal government Despite a 50-year-old mandate, small busi- business performance’’. was failing to keep its commitment to them. nesses owned by disabled veterans, female H.R. 3867 creates penalties for companies They talked not only about how the 5 percent entrepreneurs, and minorities have not re- that misrepresent themselves as being owned goal for women-owned businesses was not ceived a fair share of federal contracts. Back by ‘‘a service-disabled veteran.’’ being met, but also about how the Women’s home in Tampa, there are 47 disabled veteran This is a good first step at cracking down on Procurement Program, which was enacted in businesses, 512 state-certified minority-owned companies that misrepresent themselves to 2000, has yet to be implemented by the SBA. businesses, and over 77,000 small busi- improperly gain government contracts. This bill will ensure the Women’s Procurement nesses. I am proud that we will act to expand At the same time, the Small Business Ad- Act is finally implemented. their opportunities, with others across the ministration needs to step up and do more. I am pleased this legislation also expands country so that they can thrive and flourish. SBA must full its responsibility to enforce procurement opportunities for small busi- Although the Congress passed the Wom- the laws and allow small businesses the op- nesses owned by service-disabled veterans. en’s Procurement Program 7 years ago, the portunities that Congress has said they should Additionally, it strengthens community devel- Bush Administration failed to follow through. have. opment through changes to the HUBZone pro- According to Margot Dorfman, CEO of the Until the laws we pass are truly enforced, gram and makes important updates to the 8(a) U.S. Women’s Chamber of Commerce, each small business will never be able to fulfill their program, which is one of the most important year of delay in the implementation of the economic promise. vehicles for minority business participation in Women’s Procurement Program, has cost I urge my colleagues to support it. federal contracting. women-owned businesses billions of dollars in Mr. MANZULLO. Mr. Chairman, I rise in re- The SBA Office of Advocacy has found that contract award opportunities. luctant opposition to the Small Business Con- although minorities make up 32% of the popu- Businesses owned by disabled veterans tracting Program Improvements Act (H.R. lation in this country, they constitute only 18% currently receive only a small fraction of fed- 3867). The aims of this legislation are noble. of businesses. It is clear we must provide ad- eral contracts as well. We can expect to see The purpose of this bill is to make a variety of ditional opportunities to these small minority an immediate and substantial increase in op- changes—some long overdue—to several of businesses to close this gap. portunities for these business owners. the sub-small business federal contracting By law, federal organizations are required to And for businesses that go into economi- goals. support small businesses. However, over the cally distressed neighborhoods like I commend the authors of H.R. 3867 for past 5 years, total government contracting has ‘‘HUBZones,’’ this bill will ensure further com- strengthening the procurement set-aside pro- increased by 60% while small business con- munity development through the strengthening gram for service-disabled veteran-owned small tracts have decreased by 55%. This suggests of the HUBZone requirements. For example, businesses in Title I. I also praise the effort to that the SBA’s procurement initiatives are not Carl Calhoun, in South St. Petersburg ex- finally get the women’s procurement program bringing work from the large business share to plained to me that had it not been for the off the ground. During my tenure as chairman the small business share, but rather are forc- chance to compete for federal contracts that of the Small Business Committee, I was proud ing small businesses to compete for an in- he would not have gotten the capital nec- of my bipartisan work to pressure the SBA to creasingly smaller piece of the pie. essary to start his family-owned and -operated implement this initiative. However, I remind my It is essential that small businesses have business that manufactures premium bedding colleagues that under the new leadership of access to the over $400 billion per year fed- (mattresses, box springs and foundations). the administrator of the Small Business Ad- eral marketplace. The Small Business Con- Mr. Chairman, this important small business ministration, SBA, Steven Preston, more ac- tracting Improvements Act nicely complements bill and this rule will update and expand option has been taken in the past year to imple- H.R. 1873, the Small Business Fairness in portunities and encourage participation by ment the women’s procurement program than Contracting Act, a bill I introduced in April that qualified small businesses. We will remove in the previous seven since the program was later passed the House on May 10th by an barriers that prevent deserving businesses in first created. The SBA is near completion of a overwhelming bipartisan vote of 409–13. My my Tampa Bay district, and others across the final rule, which will pass constitutional muster, bill will give small businesses more opportuni- country, from achieving the goal of full partici- on the women’s procurement program. Thus, ties to compete for federal contracts, raising pation and a fair share of federal contracts. I counsel continued patience and I hope that the small business federal contracting goal Mr. THOMPSON of Mississippi. Mr. Chair- Title III in H.R. 3867 will not be needed. from 23% to 30%. This means that all of the man, I rise today in strong support of H.R. However, I am disappointed that the in- programs included in the Small Business Con- 3867, the Small Business Contracting Pro- crease in the size in contracts available to tracting Improvements Act will have greater gram Improvements Act. small manufacturers awarded without competi- opportunities to compete for federal contracts. I want to thank Chairwoman VELA´ZQUEZ for Thank you once again, Mr. Chairman, and tion is not significantly increased. While Sec- introducing this important legislation, and for tion 204 of H.R. 3867 provides a long-overdue thank you to all of my colleagues who join me all of her hard work in getting it to the floor today in standing up for the interests of small inflationary increase to the contract limitation today. level for other small businesses, from $3 mil- businesses. This bill is important to all Americans, be- lion to $5.1 million, the size for small manufac- Ms. CASTOR. Mr. Chairman, the Small cause small business keeps this country work- turers is increased by just $500,000—from $5 Business Contracting Improvements Act and ing. this rule will open up greater opportunities to The Federal Government has numerous million to $5.5 million. This small increase di- small business owners across this Nation. programs to assist America’s small busi- minishes the value of this benefit to U.S. small Small businesses are the backbone of our nesses, but problems remain, and H.R. 3867 manufacturers, particularly as compared to local communities. In my hometown of Tampa, addresses several of them. other small businesses. To keep up with infla- Florida, more of my neighbors and folks I rep- In particular, I support the bill’s efforts to tion and provide an equivalent benefit, this resent work for small businesses than any crack down on large firms that masquerade as contract limitation should be increased to $8.5 other type of business—and we value what small businesses. million for small manufacturers. they do because it gives our community char- In the aftermath of Hurricane Katrina, we This bill also unfortunately pits two sets of acter and diversity. learned about a particular multinational cor- small businesses against each other—a mi- I want to thank Congresswoman VELA´ZQUEZ poration that listed itself as a small business nority small business development program for bringing this legislation to the House floor and gained disaster recovery contracts set 8(a) versus a procurement preference pro- today. In America, small businesses account aside for small businesses. gram that encourages small businesses to de- for 50 percent of our gross domestic product. When we checked further, we found that velop and hire local workers in economically- Last year, the federal government spent over this firm had 17 divisions and had generated distressed areas of the country, otherwise $400 billion on goods and services and only $4.5 billion in revenue in its North American known as Historically Underutilized Business, about 20 percent went to small businesses— operation alone. HUB, Zones. When I was chairman of the approximately $80 billion in contracts. Our ac- That surely doesn’t look like any small busi- Small Business Committee, I never brought a tions today will assist these talented small ness I’ve ever seen. bill to the House floor that helped one set of businesses obtain a better, fair share of fed- Morever, we learned that this was not the small businesses at the expense of another eral government contracts. first time that this multinational company had group of small businesses, particularly those

VerDate Aug 31 2005 03:40 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00018 Fmt 7634 Sfmt 9920 J:\CRONLINE\2007BA~1\2007NE~2\H30OC7.REC H30OC7 mmaher on MIKETEMP with CONG-REC-ONLINE October 30, 2007 CONGRESSIONAL RECORD — HOUSE H12175 firms that are committed to redeveloping eco- raises this level to $550,000 even though the tion currently has a protest mechanism in nomically-distressed areas in both urban and rate of inflation since 1988 would produce a place to ensure the eligibility of firms for HUB Zone contracts. rural America. result of $440,000, according to the Bureau of The Administration is supportive of sec- H.R. 3867 makes the 8(a) program more at- Labor Statistics. Also, the SBA currently ap- tions of H.R. 3867 that punish false represen- tractive while putting more hurdles in front of plies this wealth test annually to ensure that tation of a firm as being owned by service- the HUBZone program. This is ironic because the 8(a) program truly serves economically disabled veterans and provisions that at- the Federal government has never met the 3 disadvantaged small business owners. Elimi- tempt to assist such firms in the Federal percent goal for HUBZones since its creation nating this yearly test could potentially lead to contracting process. However, the Adminis- in 1996 but routinely meets and exceeds the fraud if a wealthy person seeking entry into tration is concerned about provisions that 5 percent goal for minority or Small Disadvan- the 8(a) program is creative in shifting around would require that certain small business preference programs take priority over other taged Businesses, SDBs, of which 8(a) firms their assets. H.R. 3867 would also allow multi- small business preference programs. is a part. millionaires to remain in the 8(a) program for H.R. 3867 would also increase dollar thresh- A key blow to the HUBZone program is con- 10 years once they pass the first economic olds for setting-aside non-competitive contained in Section 101(b) of H.R. 3867. This disadvantage test. tracts in several of these programs. Competi- provision makes the HUBZone program dis- Most critically, H.R. 3867 does not deal with tion is a proven way of obtaining the best cretionary or optional on the part of Federal the fundamental problem in the 8(a) program performance and value for the government. contracting officers. This will only further dis- cited in numerous SBA Office of Inspector Accordingly, any non-competitive thresholds increase should be based on the actual rate courage the use of HUBZone firms by the General reports that 50 percent of the dollars of inflation as reflected in regulatory government to fulfill its procurement needs. obligated against 8(a) contracts went to a changes instituted by the SBA. H.R. 3867 also requires an on-site inspec- mere 1.7 percent of the 8(a) firms and over 70 While the Administration supports oppor- tion by SBA personnel of a small business to percent of the eligible firms received no 8(a) tunities for women-owned small businesses confirm HUBZone status prior to the award of contract benefit at all. Finally, H.R. 3867 also (WOSBs) to compete for Federal contracts, it their second program-related contract. Be- does not deal with the problem of large Alaska opposes the bill’s constitutionally suspect creation of gender-based set-asides. In order cause of the limited resources at the SBA, this Native Corporations, ANCs, being able to par- could delay the completion of contracts by to withstand applicable equal protection ticipate in the 8(a) program and receive sole- standards, determinations of under-represen- weeks, if not months, while the HUBZone firm sourced multi-million dollar contracts. tation that form the basis of set-asides must awaits this audit. Again, a Federal contracting Because of these and other problems, the be carefully controlled to assure that the official would be disinclined to use a HUBZone Bush Administration has issued a statement pool of WOSBs deemed available for the confirm if it meant a longer time before a Federal strongly opposing H.R. 3867, which I include tracting opportunities in question is limited agency would receive the good or service that for the RECORD. Thus, I respectfully urge my to businesses that are eligible to perform was put out to bid. The non-partisan Congres- colleagues to oppose this legislation in order those contracts. The bill’s provisions for the sional Budget Office, CBO, estimates that this identification of industries in which WOSBs for these problems to be fixed. are under represented does not appear to sat- provision alone would cost $62 million over STATEMENT OF ADMINISTRATION POLICY—H.R. isfy that standard. Additionally, authorizing the next 5 years to complete 5,000 on-site vis- 3867—SMALL BUSINESS CONTRACTING PRO- individual agencies to make determinations its that would be performed each year. There GRAM IMPROVEMENTS ACT of under representation that will result in are other ways to accomplish the same goal The Administration strongly opposes H.R. contract set-asides based on sex will exacer- of making sure that HUBZone firms are in 3867, which would modify the small business bate such constitutional concerns, since it is compliance with all the requirements of the procurement programs of the Small Business unlikely that such determinations will be law, including a closer review by the SBA of Administration. The Administration appre- based upon the kind of thorough statistical analysis required by the courts to justify HUBZone applications, an expedited protest ciates the intent of H.R. 3867 to improve these programs and reduce the potential for such set-asides under applicable case law. process by other small businesses, and en- fraud and abuse. However, the Administra- Additionally, the bill’s apparent expansion hanced criminal and civil penalties for false or tion believes that a number of the bill’s ele- of the business categories that will be eligi- misleading statements. ments would be burdensome or undesirable. ble for race- or ethnicity-based preferences Finally, H.R. 3867 prohibits HUBZone con- In addition, some provisions of the bill raise in Federal contracting programs is subject struction firms from participating in projects significant constitutional concerns. The Ad- to strict scrutiny under governing equal pro- more than 150 miles from its headquarters lo- ministration looks forward to working with tection standards. Unless these provisions are supported by a sufficiently current legis- cation. This would put a severe competitive Congress to remedy the issues identified below. lative record demonstrating that they are disadvantage to HUBZone firms located in narrowly tailored to further a compelling rural areas from performing work on Federal The bill also eliminates the upper asset limit on economic disadvantage for contin- government interest, such provisions may be Government construction contracts located far ued participation in the program, essentially vulnerable to constitutional challenge. away. allowing an individual regardless of their Ms. HIRONO. Mr. Chairman, I rise in sup- In the northern Illinois congressional district wealth or income to continue participating port of H.R. 3867, the Small Business Con- I am proud to represent, two entire mostly in the program for a full 10 years. The bill tracting Program Improvements Act. rural counties—Carroll and Stephenson—are would raise the asset-test bar for eligibility This bill expands procurement opportunities HUBZones. Also, HUBZones are located in of individuals for the 8(a) program from for small businesses owned by service-dis- certain urban parts of Winnebago County, $250,000 to $550,000, excluding equity in their abled veterans, women entrepreneurs, and so- mostly in the city center areas of Rockford home or their business. As the 8(a) program is designed to reach economically disadvan- cially disadvantaged business owners. These along the Rock River that have suffered from taged small business owners who have dimin- firms remain under-represented in the Federal the closure of numerous manufacturing facili- ished credit opportunities, the Administra- contracting marketplace and have yet to re- ties. This bill would put a further competitive tion believes opening the program to small ceive their fair share of Federal Government disadvantage to any HUBZone firms located in business owners with higher net worth will contracts. the 16th District to compete for Federal busi- divert 8(a) contracting opportunities well be- H.R. 3867 assists small businesses owned ness located even as close as the nearest yond the original intent of the program. by service-disabled veterans by requiring major Federal procuring center in Illinois— H.R. 3867 would place a number of burden- agencies to award sole-source contracts to Scott Air Force Base, which is about 300 some requirements on the HUB Zone con- these firms if they are identified as being ca- tracting program. The bill would prohibit miles away from Rockford and Freeport, Illi- rural and Native American HUB Zone firms pable of performing the contracts. These busi- nois. from obtaining construction contracts more nesses currently receive less than one percent While claiming to correct alleged abuses than 150 miles from their HUB Zone prin- of Federal Government contracting dollars. and fraud in the HUBZone program, H.R. cipal office. The bill would also require on- Authorizing agencies to enter into sole-source 3867 opens up the 8(a) program to potential site evaluation of all HUB Zone firms prior contracts with service-disabled veteran-owned abuse by increasing the economic disadvan- to the award of their second program-related firms will raise the likelihood of these firms ob- tage threshold test above the average rate of contract. This provision would create a large taining Federal contracts. Moreover, H.R. inflation and applying this test only once upon burden on the Small Business Administra- 3867 provides an inflationary adjustment to tion, as these firms are widely distributed entry into the program. The current economic and often located in rural areas. The firms the limitation on contracts by increasing the disadvantage threshold level, which has not are already required to certify their status size of available contracts awarded without been changed since 1988, is $250,000. I prior to award of a contract, and false cer- competition to $5.1 million. agree that this level needs to be increased to tification is a felony with significant pen- This bill directs the Small Business Adminis- compensate for inflation. However, H.R. 3867 alties. Also, the Small Business Administra- tration, SBA, to comply with an Executive

VerDate Aug 31 2005 03:40 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00019 Fmt 7634 Sfmt 9920 J:\CRONLINE\2007BA~1\2007NE~2\H30OC7.REC H30OC7 mmaher on MIKETEMP with CONG-REC-ONLINE H12176 CONGRESSIONAL RECORD — HOUSE October 30, 2007 Order requiring the SBA to provide service- Small Business Contracting Program Improve- H.R. 3867 disabled veteran-owned companies with infor- ments Act. Be it enacted by the Senate and House of Rep- mation and assistance on Federal contracting I would specifically like to focus on Title V resentatives of the United States of America in as well as assist other agencies in their strate- of the bill which would make changes to the Congress assembled, gies to expand contracting opportunities for 8(a) program. The 8(a) program is the last re- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) SHORT TITLE.—This Act may be cited as them. maining federal initiative focusing on the de- the ‘‘Small Business Contracting Program Passage of this bill is also important for our velopment of minority-owned businesses Improvements Act’’. women-owned businesses. In 2000, Congress through the award of federal contracts. De- (b) TABLE OF CONTENTS.—The table of con- enacted the Women’s Procurement Program spite the fact that minorities make up one-third tents for this Act is as follows: to expand opportunities for Federal contracts of the U.S. population, minority-owned busi- Sec. 1. Short title; table of contents. to women business owners within industries in nesses account for only 18 percent of all U.S. TITLE I—ENSURING GOVERNMENT CON- which they have been significantly under-rep- companies. This bill provides a strong step TRACT OPPORTUNITIES FOR SMALL BUSINESS CONCERNS OWNED AND CON- resented. On behalf of women-owned busi- forward in increasing minority entrepreneur- nesses, the U.S. Women’s Chamber of Com- TROLLED BY SERVICE-DISABLED VET- ship. ERANS merce sued the SBA over the delay in imple- It is of great concern to me that 8(a) hasn’t Sec. 101. Expanding procurement opportuni- menting the program and won their lawsuit in been updated since 1988, nearly 20 years ties. 2005. Seven years after the Women’s Pro- ago. This bill would finally modernize the 8(a) Sec. 102. Penalties for misrepresentation. curement Program was enacted into law, how- program to reflect the changing economy. I Sec. 103. Implementation of Executive Order ever, the SBA has yet to establish regulations am pleased at the similarities between the bill 13360. that would implement this vital program. I before us and legislation that I introduced this TITLE II—PROTECTING TAXPAYERS AND ENSURING PROGRAM CONSISTENCY share Chairwoman VELA´ZQUEZ’s frustration spring, H.R. 2532, the Minority Owned Ven- with this delay and her admonishment to the ture Empowerment Act or MOVE Act. Like my Sec. 201. Requiring business integrity of small business concerns. SBA to remedy the situation. legislation, businesses would have the oppor- H.R. 3867 requires the SBA to implement Sec. 202. Establishment of goals. tunity to participate in the program for 10 Sec. 203. Small business concern subcon- the Women’s Procurement Program imme- years. This 1-year program extension would tracting policy. diately. The bill makes economically disadvan- provide businesses more time to successfully Sec. 204. Increased size of available con- taged women entrepreneurs eligible for re- grow and graduate out of the program. Addi- tracts. stricted competition contracts and gives the tionally, similar to my proposal, this bill would TITLE III—EXPANDING OPPORTUNITIES SBA the authority to waive this requirement in FOR WOMEN ENTREPRENEURS raise the net worth restriction of the small industries that are substantially under-rep- Sec. 301. Implement the women’s procure- business owner so that successful minority resented by women-owned businesses. ment program. businesses are not shut out of the program Today, women-owned small businesses cap- TITLE IV—STRENGTHENING COMMUNITY prematurely. ture only about 3 percent of Federal small- DEVELOPMENT We must make more of an effort to encour- business contracting dollars. We need this leg- Sec. 401. On-site verification. age minority, women and veteran entrepre- islation to encourage women entrepreneurs to Sec. 402. Limitation on construction con- neurship. This bill would ensure that these participate in the Federal contract market- tracts. businesses can compete fairly in the federal Sec. 403. Allowing small business concerns place. that are not HUBZone program H.R. 3867 expands and modernizes the 8(a) marketplace, grow their enterprises and create new jobs. I urge all members to support the participants to protest Business Development Program, which has HUBZone awards. not been amended since 1988. The 8(a) pro- legislation before us. Ms. BORDALLO. Mr. Chairman, I rise today TITLE V—MODERNIZING THE 8(a) gram currently assists over 9,000 small busi- PROGRAM in support of H.R. 3867, the Small Business nesses owned by socially and economically Sec. 501. Modernizing the section 8(a) pro- disadvantaged individuals, including about 200 Contracting Program Improvements Act. En- gram net worth limitations. firms in my State of Hawaii. H.R. 3867 makes joying broad based and bi-partisan support, Sec. 502. Extension of the section 8(a) pro- two main improvements to this program: it pro- this bill will help modernize the contacting program term. Sec. 503. Report on implementation. vides for an inflationary increase in net worth grams run by the U.S. Small Business Admin- istration, SBA, raise the profile of veteran, mi- Sec. 504. Allowing small business concerns limitations to a maximum of $550,000 for pro- that are not section 8(a) program participants and extends the duration of nority and women entrepreneurs, and help gram participants to protest program participation from 9 to 10 years. In- combat fraud, waste and abuse in government section 8(a) awards. creasing the net worth ceiling will bring strong- contracting. TITLE VI—OTHER MATTERS er firms into the 8(a) program. Of particular note, Section 402 of H.R. 3867 Sec. 601. Affiliation for certain franchises. Finally, I support this bill because it ad- strengthens the Historically Underutilized Busi- TITLE I—ENSURING GOVERNMENT CON- dresses contracting problems and increases ness Zone, HUBZone, program and promotes TRACT OPPORTUNITIES FOR SMALL oversight over unqualified businesses by set- community economic development. That is, BUSINESS CONCERNS OWNED AND CON- ting standards that protect the integrity and HUBZone registered small businesses cannot TROLLED BY SERVICE-DISABLED VET- consistency in application of contract assist- obtain a construction contract by means of a ERANS ance programs. H.R. 3867 mandates govern- HUBZone set-aside unless the construction SEC. 101. EXPANDING PROCUREMENT OPPORTU- ment-wide goals for procurement contracts project is located in or near the HUBZone in NITIES. which the small business concern maintains (a) SERVICE-DISABLED VETERANS.—Section awarded to small businesses. In addition, it re- 36(a) of the Small Business Act (15 U.S.C. quires the SBA to perform the necessary its principal place of business. 657f(a)) is amended— checks on program applicants and participants Guam, my district, will be home to a signifi- (1) in the matter preceding paragraph (1), to confirm their business integrity and quali- cant amount of federally funded construction by striking ‘‘may’’ and inserting ‘‘shall’’; fications. This is important given recent find- and other work associated with the planned in- and ings by the SBA Inspector General of fraud crease in the presence of U.S. Armed Forces (2) in paragraph (1), by striking ‘‘and the and abuse in the Historically Underutilized on our military bases. The provisions of H.R. contracting officer’’ and all that follows Business Zone (HUBZone) program. 3867 will help ensure small businesses on through ‘‘contracting opportunity’’. ´ (b) HUBZONE.—Section 31(b)(2)(B) of such Chairwoman VELAZQUEZ has noted that the Guam can successfully compete for the con- Act (15 U.S.C. 657a(b)(2)(B)) is amended by Federal Government failed to meet its small tracts associated with the military build-up. I striking ‘‘shall’’ and inserting ‘‘may’’. and minority business goals for a 6th year in support H.R. 3867. SEC. 102. PENALTIES FOR MISREPRESENTATION. a row, costing entrepreneurs $4.5 billion in lost b 1230 Section 16(d)(1) of the Small Business Act opportunities. H.R. 3867 is another step in the (15 U.S.C. 645(d)(1)) is amended by inserting ´ right direction to help our small businesses, Ms. VELAZQUEZ. Mr. Chairman, I ‘‘a ‘small business concern owned and con- and I thank Chairwoman VELA´ZQUEZ for her yield back the balance of my time. trolled by service-disabled veterans’,’’ before commitment and strong leadership in spon- The CHAIRMAN. All time for general ‘‘or a ‘small business concern owned and controlled by women’’’. soring this important legislation. debate has expired. Pursuant to the rule, the bill shall be SEC. 103. IMPLEMENTATION OF EXECUTIVE I urge my colleagues to support this meas- ORDER 13360. ure. considered read for amendment under Section 36 of the Small Business Act (15 Ms. MOORE of Wisconsin. Mr. Chairman, I the 5-minute rule. U.S.C. 657f) is amended by adding at the end rise today in strong support of H.R. 3867, the The text of the bill is as follows: the following new subsection:

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‘‘(f) IMPLEMENTATION OF EXECUTIVE ORDER business concerns owned and controlled by adequate documentation in accordance with 13360.—The Administrator shall— socially and economically disadvantaged in- standards established by the Administrator ‘‘(1) provide small business concerns owned dividuals, small business concerns partici- to support such certification. and controlled by service-disabled veterans pating in the program established by section ‘‘(3) WAIVER.—With respect to a small busi- with information and assistance concerning 8(a), and small business concerns owned and ness concern owned and controlled by participation in Federal contracting; controlled by women, shall have the max- women, the Administrator may waive para- ‘‘(2) advise and assist other agencies in imum practicable opportunity to participate graph (2)(A)(i) if— their strategies to expand procurement op- in the performance contracts let by any Fed- ‘‘(A) such concern is in an industry identi- portunities for such concerns; and eral agency, including contracts and sub- fied pursuant to paragraph (4); and ‘‘(3) make training assistance on Federal contracts for subsystems, assemblies, com- ‘‘(B) the Administrator determines that contract law, procedures, and practices ponents, and related services for major sys- such concern is in an industry in which available to such concerns.’’. tems.’’. small business concerns owned and con- TITLE II—PROTECTING TAXPAYERS AND SEC. 204. INCREASED SIZE OF AVAILABLE CON- trolled by women are substantially under- ENSURING PROGRAM CONSISTENCY TRACTS. represented in Federal contracting. (a) SECTION 8(a) PROGRAM.—Section SEC. 201. REQUIRING BUSINESS INTEGRITY OF ‘‘(4) IDENTIFICATION OF INDUSTRIES.— SMALL BUSINESS CONCERNS. 8(a)(1)(D)(i)(II) of the Small Business Act (15 ‘‘(A) IN GENERAL.—Not less often than The Small Business Act (15 U.S.C. 631 et U.S.C. 637(a)(1)(D)(i)(II)) is amended— every five years, the Administrator shall seq.) is amended by adding at the end the fol- (1) by striking ‘‘$5,000,000’’ and inserting conduct a study to identify, for purposes of lowing new section: ‘‘$5,500,000’’; and paragraphs (2)(A)(iii) and (3)(A), industries in (2) by striking ‘‘$3,000,000’’ and inserting ‘‘SEC. 38. REQUIRING BUSINESS INTEGRITY OF which small business concerns owned and SMALL BUSINESS CONCERNS. ‘‘$5,100,000’’. controlled by women are under-represented (b) HUBZONE PROGRAM.—Section ‘‘(a) SECTION 8(a) PROGRAM BACKGROUND in Federal contracting. The parameters for 31(b)(2)(A)(ii) of such Act (15 U.S.C. CHECK.—No applicant may be approved for the study shall be as follows: participation in the section 8(a) program un- 657a(b)(2)(A)(ii)) is amended— ‘‘(i) For purposes of this paragraph, the Ad- less the Administrator first performs a back- (1) by striking ‘‘$5,000,000’’ and inserting ministrator shall identify an industry if, and ground check on the applicant and deter- ‘‘$5,500,000’’; and only if, the share of Federal contracts award- mines that the applicant does not lack busi- (2) by striking ‘‘$3,000,000’’ and inserting ed to small business concerns owned and con- ness integrity. ‘‘$5,100,000’’. trolled by women in such industry is small (c) SERVICE-DISABLED VETERAN PROGRAM.— ‘‘(b) HUBZONE PROGRAM BACKGROUND relative to the prevalence of business con- Section 36(a)(2) of such Act (15 U.S.C. CHECK.—No award of a second contract under cerns owned and controlled by women in the the authority of section 31(b)(2)(A) or 657f(a)(2)) is amended— pool of business concerns in such industry 31(b)(2)(B) may be made unless the Adminis- (1) by striking ‘‘$5,000,000’’ and inserting that have at least one employee. trator first performs a background check on ‘‘$5,500,000’’; and ‘‘(ii) The study shall measure utilization the applicant and determines that the appli- (2) by striking ‘‘$3,000,000’’ and inserting and availability by— cant does not lack business integrity. ‘‘$5,100,000’’. ‘‘(I) using the two best available data ‘‘(c) RANDOM BACKGROUND CHECK.—The Ad- TITLE III—EXPANDING OPPORTUNITIES sources; ministrator shall have random background FOR WOMEN ENTREPRENEURS ‘‘(II) including only business concerns that checks performed on owners and officers of SEC. 301. IMPLEMENT THE WOMEN’S PROCURE- have at least one employee; and small business concerns that have been MENT PROGRAM. ‘‘(III) measuring only Federal contracts awarded a contract under section 8(m), 36(a), Subsection (m) of section 8 of the Small awarded for amounts over $25,000. or 36(b) to determine whether such owners Business Act (15 U.S.C. 637(m)) is amended— ‘‘(iii) The study shall include four sets of and officers lacks business integrity.’’. (1) by striking paragraphs (1) through (4) disparity measurement tables to compute SEC. 202. ESTABLISHMENT OF GOALS. and inserting the following: disparity ratios. The four sets are— (a) ESTABLISHMENT OF GOVERNMENT-WIDE ‘‘(1) DEFINITION.—In this subsection, the ‘‘(I) all business concerns in the United GOALS.—Section 15(g)(1) of the Small Busi- term ‘small business concern owned and con- States relative to the number of Federal con- ness Act (15 U.S.C. 644(g)(1)) is amended by trolled by women’ has the meaning given tracts awarded to small business concerns striking the first sentence and inserting such term in section 3(n), except that owner- owned and controlled by women; ‘‘The President shall annually establish Gov- ship shall be determined without regard to ‘‘(II) small business concerns owned and ernment-wide goals for procurement con- any community property law. controlled by women that have dem- tracts awarded to small business concerns, ‘‘(2) AUTHORITY TO RESTRICT COMPETITION.— onstrated an interest in or that have secured small business concerns owned and con- ‘‘(A) IN GENERAL.—In accordance with this Federal contracts relative to the number of trolled by service-disabled veterans, quali- subsection, a contracting officer may re- Federal contracts awarded to small business fied HUBZone small business concerns, small strict competition for any contract for the concerns owned and controlled by women; business concerns owned and controlled by procurement of goods or services by the Fed- ‘‘(III) all business concerns in the United socially and economically disadvantaged in- eral Government to small business concerns States relative to the dollar amounts of Fed- dividuals, small business concerns partici- owned and controlled by women, if— eral contracts awarded to small business pating in the program established by section ‘‘(i) each of the concerns is not less than 51 concerns owned and controlled by women; 8(a), and small business concerns owned and percent owned by 1 or more women who are and controlled by women.’’. economically disadvantaged (and such own- ‘‘(IV) small business concerns owned and (b) TECHNICAL CORRECTIONS.—Section 15 of ership is determined without regard to any controlled by women that have dem- the Small Business Act (15 U.S.C. 644) is community property law); onstrated an interest in or that have secured amended— ‘‘(ii) the contracting officer has a reason- government contracts relative to the dollar (1) in subsection (g) by adding at the end able expectation that 2 or more small busi- amounts of Federal contracts awarded. the following: ness concerns owned and controlled by ‘‘(B) DETERMINATION BY HEAD OF DEPART- ‘‘(3) Each agency shall, in consultation women will submit offers for the contract; MENT OR AGENCY.—Until such time as the Ad- with the Administrator, establish goals for ‘‘(iii) the contract is for the procurement ministrator completes the identification of the usage, as prime contractors, of small of goods or services with respect to an indus- industries required by subparagraph (A), the business concerns that participate in the try identified pursuant to paragraph (4); determination as to whether an industry is program under section 8(a).’’; and ‘‘(iv) in the estimation of the contracting one in which small business concerns owned (2) in subsection (h) by adding at the end officer, the contract award can be made at a and controlled by women are under-rep- the following: fair and reasonable price; and resented in Federal contracting shall be ‘‘(4) Each prime contractor shall, in con- ‘‘(v) each concern is certified in a manner made by the head of the department or agen- sultation with the Administrator, establish described in subparagraph (B). cy for which the contract is to be performed. goals for the usage, as subcontractors, of ‘‘(B) ACCEPTANCE OF CERTIFICATION.—For ‘‘(C) DEADLINE.—Not later than 90 days small business concerns that participate in purposes of subparagraph (A)(v), a con- after the date of the enactment of this sub- the program under section 8(a).’’. tracting officer is required to accept a small paragraph, the Administrator shall— SEC. 203. SMALL BUSINESS CONCERN SUBCON- business concern’s certification as a small ‘‘(i) ensure the completion of the first TRACTING POLICY. business concern owned and controlled by study required by subparagraph (A); Section 8(d)(1) of the Small Business Act women when such certification is made by— ‘‘(ii) approve national certifying entities (15 U.S.C. 637(d)(1)) is amended by striking ‘‘(i) a Federal agency or a State or local for the purposes of paragraph (2)(B)(ii); the first sentence and inserting ‘‘It is the government; ‘‘(iii) establish procedures required by policy of the United States that small busi- ‘‘(ii) a national certifying entity approved paragraph (5)(A); and ness concerns, small business concerns by the Administrator; or ‘‘(iv) establish standards described in para- owned and controlled by veterans, small ‘‘(iii) the small business concern, when graph (2)(B)(iii).’’; business concerns owned and controlled by such concern certifies to the contracting of- (2) in paragraph (5), by striking ‘‘(2)(F)’’ in service-disabled veterans, qualifying ficer that it is a small business concern each place it appears and inserting ‘‘(2)(B)’’; HUBZone small business concerns, small owned and controlled by women and provides and

VerDate Aug 31 2005 03:40 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\H30OC7.REC H30OC7 mmaher on MIKETEMP with CONG-REC-ONLINE H12178 CONGRESSIONAL RECORD — HOUSE October 30, 2007 (3) in paragraph (5), by adding at the end (A) The value of any investment of an eco- pendent contractors of the franchisor for tax the following new subparagraph: nomically disadvantaged owner in the small or other purposes; and ‘‘(D) PROTESTS BY SMALL BUSINESS CON- business concern, except that such value ‘‘(B) consider the processing of payroll and CERNS.—For purposes of this paragraph, the shall be taken into account under this para- billing by a franchisor as customary and term ‘interested party’ shall include any graph when comparing such concerns to common practice in the temporary employee small business concern.’’. other concerns in the same business area services industry that does not provide pro- TITLE IV—STRENGTHENING COMMUNITY that are owned by other than socially dis- bative weight.’’. DEVELOPMENT advantaged individuals. The CHAIRMAN. No amendment to SEC. 401. ON-SITE VERIFICATION. (B) The equity of an economically dis- the bill is in order except those printed Section 31(b) of the Small Business Act (15 advantaged owner in a primary personal residence. in House Report 110–407. Each amend- U.S.C. 657a(b)) is amended by adding at the ment may be offered only in the order end the following: (3) MAXIMUM NET WORTH.—When consid- ‘‘(5) ON-SITE VERIFICATION OF STATUS.— ering an individual’s net worth for the pur- printed in the report, by a Member des- ‘‘(A) VERIFICATION.—When a small business pose of determining the degree of diminished ignated in the report, shall be consid- concern that has previously been awarded a credit and capital opportunities of such indi- ered read, shall be debatable for the contract under paragraph (2)(A) or (2)(B) is vidual, the Administrator shall consider an time specified in the report, equally di- to be awarded a second contract under para- individual net worth of $550,000 or less as vided and controlled by the proponent graph (2)(A) or (2)(B), the Administrator tending to show diminished credit and cap- and an opponent of the amendment, ital opportunities. shall perform an on-site inspection to deter- shall not be subject to amendment, and mine whether such small business concern is (b) EFFECTIVE DATE FOR MODIFICATIONS TO a qualified HUBZone small business concern. THE 8(a) PROGRAM.—This section shall apply shall not be subject to a demand for di- This paragraph does not require such an in- with respect to small business concerns that vision of the question. spection before the award of a third or subse- apply to the program under section 8(a) of AMENDMENT NO. 1 OFFERED BY MS. VELA´ ZQUEZ quent contract. This paragraph does not pre- the Small Business Act (15 U.S.C. 637(a)) The CHAIRMAN. It is now in order to vent a second contract from being awarded after the date of the enactment of this Act. consider amendment No. 1 printed in before such inspection is completed. SEC. 502. EXTENSION OF THE SECTION 8(a) PRO- House Report 110–407. GRAM TERM. ‘‘(B) NOTIFICATION BY SMALL BUSINESS CON- Ms. VELA´ ZQUEZ. Mr. Chairman, I CERN.—The Administrator shall require a (a) PROGRAM TERM.—The program term for small business concern to notify the Admin- the program under section 8(a) of the Small offer an amendment. istrator, prior to being awarded a second Business Act shall be 10 years. The first 6 The CHAIRMAN. The Clerk will des- contract under paragraph (2)(A) or (2)(B), of years shall be the developmental phase, and ignate the amendment. such business concern’s attempt to be award- the last 4 years shall be the transitional The text of the amendment is as fol- ed a second contract under paragraph (2)(A) phase. lows: or (2)(B). Not later than 90 days after the (b) EFFECTIVE DATE FOR MODIFICATIONS TO Amendment No. 1 offered by Ms. date of the enactment of this subparagraph, THE 8(a) PROGRAM.— VELA´ ZQUEZ: the Administrator shall establish procedures (1) IN GENERAL.—This section shall apply At the end of title I, add the following: to implement this subparagraph.’’. with respect to small business concerns that SEC. 104. PRIORITY FOR SEVERELY DISABLED SEC. 402. LIMITATION ON CONSTRUCTION CON- apply to the program under section 8(a) of VETERANS. TRACTS. the Small Business Act (15 U.S.C. 637(a)) In developing regulations to implement Section 31(b) of the Small Business Act (15 after the date of the enactment of this Act. section 101, the Administrator shall give a U.S.C. 657a(b)) is amended by adding at the (2) TRANSITIONAL RULE.—A small business priority to those certified service-disabled end the following: concern participating in the program under veterans that are severely disabled. ‘‘(6) LIMIT HUBZONE PROGRAM CONSTRUCTION section 8(a) of such Act (15 U.S.C. 637(a)) may Amend section 201 to read as follows: CONTRACTS IN OR NEAR A HUBZONE.—A small participate for not more than 10 years. business concern may not obtain a construc- SEC. 201. REQUIRING BUSINESS INTEGRITY OF SEC. 503. REPORT ON IMPLEMENTATION. SMALL BUSINESS CONCERNS. tion contract by reason of the HUBZone pro- Section 155 of the Small Business Reau- Section 8 of the Small Business Act (15 gram unless the construction project is lo- thorization and Manufacturing Assistance U.S.C. 637) is amended by adding at the end cated in or near the HUBZone in which the Act of 2004 (15 U.S.C. 657g) is amended by the following new subsection: small business concern has its principal adding at the end the following: ‘‘Annually, ‘‘(o) REQUIREMENT OF BUSINESS INTEG- place of business. The Administrator shall concurrent with the submission of the Small RITY.—No small business concern may re- prescribe standards for determining when a Business Administration’s budget request to ceive any benefit under section 8(a), 8(m), project is located ‘near’ a HUBZone for pur- the Congress, the Administrator shall sub- 31(b)(2)(A), 31(b)(2)(B), 36(a), or 36(b) unless poses of this paragraph, except that under no mit to the Committee on Small Business and circumstances can a project located more the Administrator first performs a back- Entrepreneurship of the Senate and the Com- than 150 miles from a HUBZone be located ground check on the owners and officers of mittee on Small Business of the House of ‘near’ that HUBZone.’’. such small business concern and determines Representatives a report detailing progress that the owners and officers do not lack SEC. 403. ALLOWING SMALL BUSINESS CON- the Administrator has made towards the im- CERNS THAT ARE NOT HUBZONE business integrity. For purposes of such a de- PROGRAM PARTICIPANTS TO PRO- plementation of this section.’’. termination, previous criminal convictions TEST HUBZONE AWARDS. SEC. 504. ALLOWING SMALL BUSINESS CON- will create a presumption of a lack of busi- Section 31(c) of the Small Business Act (15 CERNS THAT ARE NOT SECTION 8(a) ness integrity.’’. U.S.C. 657a(c)) is amended by adding at the PROGRAM PARTICIPANTS TO PRO- At the end of title II, add the following end the following new paragraph: TEST SECTION 8(a) AWARDS. (and amend the table of contents accord- ‘‘(5) PROTESTS BY SMALL BUSINESS CON- Section 8(a) of the Small Business Act (15 ingly): CERNS.—For purposes of this subsection, the U.S.C. 637(a)) is amended by adding at the SEC. 205. EXPANDING PROTEST AUTHORIZATION. term ‘interested party’ shall include any end the following new paragraph: Section 8(a) of the Small Business Act (15 small business concern.’’. ‘‘(22) Rules similar to the rules of para- U.S.C. 637(a)) is amended by adding at the graphs (5) and (6) of subsection (m) shall TITLE V—MODERNIZING THE 8(a) end the following new paragraphs: apply for purposes of this subsection.’’. PROGRAM ‘‘(22) Rules similar to the rules of para- SEC. 501. MODERNIZING THE SECTION 8(a) PRO- TITLE VI—OTHER MATTERS graphs (5) and (6) of subsection (m) shall GRAM NET WORTH LIMITATIONS. SEC. 601. AFFILIATION FOR CERTAIN FRAN- apply for purposes of this subsection. (a) MODIFICATIONS TO 8(a) PROGRAM.—Not- CHISES. ‘‘(23) For the purposes of challenging the withstanding any provision of the Small Section 3(a) of the Small Business Act (15 eligibility of a small business concern to re- Business Act (15 U.S.C. 631 et seq.), the Ad- U.S.C. 632(a)) is amended by adding at the ceive an award under section 8(a), 8(m), ministrator shall administer the program end the following new paragraph: 31(b)(2)(A), 31(b)(2)(B), 36(a), or 36(b), the under section 8(a) of such Act with the fol- ‘‘(5) SPECIAL RULE RELATING TO FRANCHISES term ‘interested party’ shall include any lowing modifications: IN THE TEMPORARY EMPLOYEE SERVICES INDUS- small business concern.’’. (1) DETERMINATION FOR TERM OF PRO- TRY.—In determining whether a franchisee is In section 8(m)(4) of the Small Business GRAM.—For the purpose of this section, an affiliated with a franchisor in the temporary Act as proposed to be added by section 301, individual who has been determined by the employee services industry, the Adminis- strike subparagraph (B) and insert the fol- Administrator to be economically disadvan- trator shall— lowing: taged at the time of program entry shall be ‘‘(A) disregard— ‘‘(B) UNDERREPRESENTED INDUSTRIES.— deemed to be economically disadvantaged for ‘‘(i) whether the franchisor finances the Until such time as the Administrator com- the term of the program. payroll of the temporary staffing personnel pletes the identification of industries re- (2) MATTERS EXCLUDED.—In determining (including billing, collecting, and remitting quired by subparagraph (A), the following in- personal net worth, the Administrator shall client fees); and dustries, as identified by their 2-Digit North exclude from such determination the fol- ‘‘(ii) whether the temporary staffing per- American Industry Classification System lowing: sonnel are treated as employees or inde- Code, are deemed underrepresented by

VerDate Aug 31 2005 03:40 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\H30OC7.REC H30OC7 mmaher on MIKETEMP with CONG-REC-ONLINE October 30, 2007 CONGRESSIONAL RECORD — HOUSE H12179 women in Federal contracting: 11 (Forestry), There was no objection. course of the program, nearly 20,000 21 (Mining), 22 (Utilities), 23 (Construction), Mr. CHABOT. Mr. Chairman, her companies have received almost $100 31 (Manufacturing), 32 (Manufacturing), 33 amendment makes some needed tech- billion in Federal contracts. (Manufacturing), 42 (Wholesale Trade), 44 nical changes to the bill. Nevertheless, During committee markup of this (Retail Trade), 45 (Retail Trade), 48 (Trans- portation), 49 (Transportation), 51 (Informa- as I pointed out in my statement pre- bill, I expressed my reservations to tion), 52 (Finance and Insurance), 53 (Real viously, we believe that this proposed Chairwoman VELA´ ZQUEZ regarding cer- Estate and Rental and Leasing), 54 (Profes- solution to the failure of the SBA to tain provisions in the bill that exclude sional, Scientific, and Technical Services), 56 implement the women’s procurement the equity in a business. I’m concerned (Administrative and Support, Waste Manage- is, in our view, overinclusive and that this provision undermines the ar- ment, and Remediation Services), 61 (Edu- should be further revised as the legisla- gument concerning the competitive ca- cation Services), 62 (Health Care and Social tive process moves forward, but we do pacity of the business owners. I will ex- Assistance), 71 (Arts, Entertainment, and not oppose the amendment. plain. Recreation), 72 (Accommodation and Food Mr. Chairman, I yield back my time. Many owners reinvest their earnings Services), and 81 (Other Services).’’. ´ Strike sections 403 and 504. Ms. VELAZQUEZ. Mr. Chairman, I into their businesses, thus increasing The CHAIRMAN. Pursuant to House just want to thank the gentleman from the value of the business. If the 8(a) Resolution 773, the gentlewoman from Ohio for working with me on this program is a business development pro- amendment. I urge adoption of the gram targeted toward socially and eco- New York (Ms. VELA´ ZQUEZ) and a Mem- ber opposed each will control 5 min- amendment, and I yield back my time. nomically disadvantaged firms, why The CHAIRMAN. The question is on utes. should the business owner with a valu- The Chair recognizes the gentle- the amendment offered by the gentle- able asset be permitted in the program woman from New York. woman from New York (Ms. and benefit from its existence? I would ´ Ms. VELA´ ZQUEZ. Mr. Chairman, VELAZQUEZ). argue that the scarce resources avail- this amendment makes changes to the The amendment was agreed to. able to assist these business owners be underlying bill to address outstanding AMENDMENT NO. 2 OFFERED BY MR. AKIN devoted to those business owners that issues in the bill. It ensures those vet- The CHAIRMAN. It is now in order to are truly economically disadvantaged. erans that are most severely disabled consider amendment No. 2 printed in My amendment is a straightforward will have access to contracts. It also House Report 110–407. amendment that I hope will address strengthens the business integrity Mr. AKIN. Mr. Chairman, I offer an some of these concerns. Essentially, standard and creates parameters to amendment. the amendment would ask the adminis- carry out the women’s procurement The CHAIRMAN. The Clerk will des- trator of the Small Business Adminis- program. ignate the amendment. tration to conduct a study to deter- Probably the most critical change in The text of the amendment is as fol- mine what changes would be required this amendment is the priority created lows: to provide greater Federal contracting for severely disabled veterans. The un- Amendment No. 2 offered by Mr. AKIN: assistance to participants in the 8(a) derlying bill already ensures that serv- At the end of title V, add the following new program that have less equity in their section (and amend the table of contents ac- business concerns than other partici- ice-disabled veterans have greater accordingly): cess to contracts, but this takes it a pants in the program. SEC. 505. ASSISTANCE STUDY. I appreciate Chairwoman step further. (a) STUDY.—The Administrator of the VELA´ ZQUEZ’s willingness to work with It provides that agencies who are car- Small Business Administration shall conduct rying out the service-disabled veteran a study to determine what changes would be me on this important issue, and I contracting program give special con- required to provide greater Federal con- believe that adoption of my amend- sideration to those returning entre- tracting assistance to participants in the ment is one step towards ensuring that preneurs that have the most serious of program created by section 8(a) of the Small minority-owned small businesses who injuries. It is simply the right thing to Business Act that have less equity in their truly need assistance can continue to do for all these soldiers have given for business concerns than other participants in benefit from the opportunities provided the program. their country. to them by the 8(a) program. (b) REPORT.—Not later than 6 months after I would urge my colleagues to assist This amendment also provides tax- the date of the enactment of this Act, the payers with greater protection by mak- Administrator shall submit to the Com- and support this amendment. ing certain the SBA performs criminal mittee on Small Business and Entrepreneur- In closing, my point on this is the background checks prior to entering a ship of the Senate and the Committee on following: As a business is small and program. It provides that those with Small Business of the House of Representa- most in need of the 8(a) program, we criminal convictions are presumed to tives a report detailing the results of the want to make sure that they can get as lack the business integrity required for study described in subsection (a). many of these programs as possible, participation. The CHAIRMAN. Pursuant to House and that will build their business up. Finally, we worked with the minor- Resolution 773, the gentleman from As the business then prospers and ity to create a more workable standard Missouri (Mr. AKIN) and a Member op- grows through the years, they will con- for allowing the SBA to carry out the posed each will control 5 minutes. tinue to get these different 8(a) kinds women’s procurement program. This The Chair recognizes the gentleman of contracts, which give them essen- amendment specifies the industries from Missouri. tially a 10 percent advantage. that the Rand Corporation determined, Mr. AKIN. Mr. Chairman, I yield my- But as the business becomes bigger in accordance with direction from the self such time as I may consume. and stronger, what I’m interested in National Academies of Sciences, were Mr. Chairman, I rise today to offer doing is creating a sliding scale so that underrepresented by women businesses. this amendment to the Small Business those valuable contracts will be guar- These measures will strengthen the Contracting Program Improvements anteed to go to the most needy busi- bill to ensure a variety of deserving Act. As many involved in the Federal nesses, and as a business gets stronger small businesses have better access to contracting world know, the 8(a) pro- and stronger, the number or the per- Federal contracts. gram currently serves small businesses centage of those contracts will tend to I urge adoption of the amendment. owned by citizens who are socially and diminish as they become stronger and Mr. Chairman, I reserve the balance economically disadvantaged. more able to survive on their own. of my time. Since the 1960s, the 8(a) program has I think that’s a concept that has been Mr. CHABOT. Mr. Chairman, I ask remained the primary vehicle through understood and to some degree ap- unanimous consent to claim the time which minority-owned businesses enter proved within the committee. The in opposition to the gentlelady’s the Federal marketplace. There is no question is how do we mechanically amendment, even though I do not op- doubt that since its inception the 8(a) work that out, and the purpose of this pose the amendment. has helped many minority-owned busi- amendment is to give ourselves a little The CHAIRMAN. Without objection, nesses grow their firms, enabling them time to actually figure out mathemati- the gentleman from Ohio is recognized to become real players in the Federal cally how do you make sure that those for 5 minutes. contracting world. In fact, over the contracts go to the most needy, and as

VerDate Aug 31 2005 03:40 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\H30OC7.REC H30OC7 mmaher on MIKETEMP with CONG-REC-ONLINE H12180 CONGRESSIONAL RECORD — HOUSE October 30, 2007 people become less needy, that they Mr. WELCH of Vermont. Mr. Chair- well as all of Lamoille County. Other have less and less dependence on. man, I offer an amendment. than that, only part of Burlington, I very much appreciate the chair- The CHAIRMAN. The Clerk will des- Rutland and St. Albans are in the pro- woman’s willingness to work with us ignate the amendment. gram, and this has left out some obvi- on this, and hopefully we can figure The text of the amendment is as fol- ously what would appear to be eligible out mechanically some way to do that lows: communities in towns like Springfield, that everybody could agree to. Amendment No. 3 offered by Mr. WELCH of Brattleboro, Bennington, Barre, Bel- Mr. Chairman, I yield back my time. Vermont: lows Falls, and other parts of Rutland ´ Ms. VELAZQUEZ. Mr. Chairman, Title IV, add at the end the following (and City. amend the table of contents accordingly): while not opposed to the amendment, I Small businesses critical in Vermont, ask unanimous consent to claim the SEC. ll. STUDY ON EFFECTIVENESS OF HUBZONE PROGRAM IN REACHING just like everywhere else, create two time in opposition. RURAL AREAS. out of every three new jobs, produce 39 The CHAIRMAN. Without objection, The Administrator of the Small Business percent of the gross national product, the gentlewoman from New York is Administration shall carry out a study on and is responsible for more than half of recognized for 5 minutes. the effectiveness of the HUBZone program in the Nation’s technological innovation. There was no objection. reaching rural areas to determine whether My amendment with Mr. BRALEY is Ms. VELA´ ZQUEZ. Mr. Chairman, I there are needy areas that do not qualify very simple. It would direct the SBA to would like to thank my colleague from under the program and whether there are conduct a study on how the HUBZone Missouri, a member of the Small Busi- areas that currently qualify under the pro- program is working to reach rural ness Committee, for offering this gram that are inconsistent with the program’s original intent. Not later than 6 areas. The study should examine how amendment. I share the gentleman’s months after the date of the enactment of HUBZone is defined, whether that defi- concern about the concentration of this Act, the Administrator shall submit to nition works in rural areas as well as it contracts in the 8(a) program. Congress a report containing the results of does in urban and suburban areas. It In fact, these businesses are only in the study and any recommendations that the makes specific recommendations of the program for 9 years, so it is impor- Administrator considers appropriate for al- tant that they make that time count. ternative ways to evaluate eligibility for possible alternatives to better capture Unfortunately, according to partial HUBZones in rural areas. eligible or needy communities that so year data for 2006, the top 10 companies The CHAIRMAN. Pursuant to House often exist in rural areas. Not only received 40 percent of the work; 93 per- Resolution 773, the gentleman from does it call on the administration to cent of companies received no con- Vermont (Mr. WELCH) and a Member review whether needy communities are tracts. opposed each will control 5 minutes. being left out, it also assesses whether The gentleman’s amendment requires The Chair recognizes the gentleman areas within the program comply with the SBA to conduct a study to deter- from Vermont. the program’s original intent. mine how best to provide additional Mr. WELCH of Vermont. Mr. Chair- Mr. BRALEY and I urge our colleagues contracting help to these less success- man, I yield myself such time as I may to support this amendment. ful 8(a) participants. I appreciate his consume. b 1245 First, let me thank Chairwoman interest in the 8(a) program and his Mr. Chairman, I yield back the bal- VELA´ ZQUEZ and her staff and Mr. willingness to work with us to find a ance of my time. CHABOT and the work that he has done, solution to a long-standing program. Ms. VELA´ ZQUEZ. Mr. Chairman, I agree with my colleague that, while not just helping me on this amendment but the extraordinary productivity of while I am not opposed to the amend- a more successful firm is apt to receive ment, I ask unanimous consent to more work than a less experienced the Small Business Committee. It has been an oasis of bipartisan cooperation claim the time in opposition. company, the purpose of the program is The CHAIRMAN. Without objection, business development. Given this, the and accomplishment in this legislative session. the gentlewoman from New York is SBA needs to provide increased con- recognized for 5 minutes. tractual assistance to the companies I’d also like to thank the cosponsor of this amendment, my colleague from There was no objection. that need it the most. Ms. VELA´ ZQUEZ. Mr. Chairman, it The gentleman’s amendment would Iowa, Congressman BRUCE BRALEY, a is becoming increasingly concerning allow us additional time to work to- member of the Small Business Com- that companies may be receiving gether to craft a solution to ensure mittee. HUBZone contracting preferences inap- that 8(a) businesses, regardless of their We’ve heard about the HUBZone pro- propriately. financial strength, will be able to earn gram, that it provides assistance to Since 2003, the SBA Inspector Gen- contracts. I look forward to working small businesses located in historically eral has released two reports identi- with the gentleman to perfect this lan- underutilized business zones, or fying the potential for contracting guage, and I appreciate his coopera- HUBZones, through limited competi- fraud in this program. Most recently, tion. tion contracts, sole source awards, or in 2006, the IG has found that more We are prepared to accept this price evaluation preferences in full and than 80 percent of companies are not amendment, and I will yield to Mr. open competitions. The Federal Gov- eligible 3 years after they were ap- CHABOT for any comments he may ernmentwide contracting goal for proved. In nearly 20 States, we have have. HUBZone small businesses is, as you Mr. CHABOT. I thank the gentlelady know, Mr. Chairman, 3 percent. It’s a identified multimillion dollar prop- for yielding. We agree with the com- very effective program. erties in areas designated as HUBZone. ments both in the gentleman’s points Across the country, more than 11,000 If a company located in one of these he made in his presentation as well as firms operate and employ people in dis- zones employed people who lived in the gentlelady’s, and we support the tressed areas; 56 of these are located in similar conditions, they would be eligi- amendment as well. Vermont. Eligible areas cover more ble for contracting preferences over Ms. VELA´ ZQUEZ. Mr. Chairman, I than 7,000 urban census tracts, 900 rural small businesses. urge support of this amendment. and suburban areas. The gentleman’s amendment address- Mr. Chairman, I yield back the bal- Historically, the HUBZone program es the issue that some areas of the ance of my time. has encountered some difficulties in country are designated HUBZone. That The CHAIRMAN. The question is on rural areas, specifically in the way the should not be. At the same time, this the amendment offered by the gen- program is defined. The current defini- will also require the SBA to examine tleman from Missouri (Mr. AKIN). tion limits what SBA can do in looking why some deserving areas are not being The amendment was agreed to. at large areas versus small, and it designated appropriately. To resolve AMENDMENT NO. 3 OFFERED BY MR. WELCH OF makes it tough on rural States, like this inconsistency, the amendment re- VERMONT Vermont and many other rural parts of quires the SBA to carry out a study The CHAIRMAN. It is now in order to the Nation. that includes recommendations for al- consider amendment No. 3 printed in In Vermont, for example, the entire ternative ways to evaluate HUBZone House Report 110–407. Northeast Kingdom is a HUBZone, as eligibility.

VerDate Aug 31 2005 03:40 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\H30OC7.REC H30OC7 mmaher on MIKETEMP with CONG-REC-ONLINE October 30, 2007 CONGRESSIONAL RECORD — HOUSE H12181 There is no rational reason why some I think this is a problem that needs to amendment, as I indicated in with- of the most affluent areas in the coun- be addressed. I am willing to work with drawing the first amendment, that is try are eligible for government con- the gentleman to address this issue. not mandatory in nature, but does tracting preferences, while truly de- Mr. MICA. If I may, if the gentlelady bring to light and address some of the serving areas are overlooked. would yield, I look forward to working problems that we have had with an in- We are prepared to accept this with you. I am delighted that your side terpretation of acquisitions under the amendment, and I will yield to Mr. of the aisle was willing to accept this GSA Federal supply schedule, some dif- CHABOT for any comments he may amendment. I would like to work and ferent interpretation. have. move forward with you in a bipartisan This amendment would state that it Mr. CHABOT. I thank the gentlelady effort. is, in fact, a sense of the House of Rep- for yielding. But in order to get one of the two resentatives that small business set- Mr. Chairman, we have no opposition amendments to work with my side of asides should not be excluded from any to this amendment. We would thank the aisle in fairness and not pass a acquisitions under the General Serv- Mr. WELCH of Vermont for his hard mandatory provision, I am prepared to ices Administration Federal supply work on this and his leadership on the withdraw the amendment and work schedule. committee. with the gentlelady and the committee Let me explain, if I may, for just a Ms. VELA´ ZQUEZ. Mr. Chairman, I and thank everyone for their consider- moment here. The Small Business Act urge support of this amendment. ation. was adopted by Congress to, in fact, en- I yield back the balance of my time. Ms. VELA´ ZQUEZ. Mr. Chairman, I sure that small businesses would re- The CHAIRMAN. The question is on withdraw my reservation. ceive fair access and a fair share of the amendment offered by the gen- The CHAIRMAN. Without objection, Federal Government contracts and sub- tleman from Vermont (Mr. WELCH). the amendment is withdrawn. contracts. In fact, section 15 of the act The amendment was agreed to. There was no objection. requires that all contracts below $100,000 be reserved for small busi- AMENDMENT NO. 4 OFFERED BY MR. MICA AMENDMENT NO. 5 OFFERED BY MR. MICA nesses. The CHAIRMAN. It is now in order to The CHAIRMAN. It is now in order to But, unfortunately, there are some consider amendment No. 5 printed in consider amendment No. 4 printed in questions that have been raised. The House Report 110–407. House Report 110–407. Small Business Act also requires set- Mr. MICA. Mr. Chairman, I offer an Mr. MICA. Mr. Chairman, I offer an aside opportunities for service-disabled amendment. amendment. veterans, for businesses in distress, and The CHAIRMAN. The Clerk will des- The CHAIRMAN. The Clerk will des- companies owned by women and dis- ignate the amendment. ignate the amendment. advantaged persons. However, again, The text of the amendment is as fol- The text of the amendment is as fol- here is where some of the problem lies. lows: lows: There is a disagreement between GSA, Amendment No. 4 offered by Mr. MICA: Amendment No. 5 offered by Mr. MICA: the General Services Administration, At the end of title VI, add the following Add at the end of title VI the following and SBA on whether the small business (and amend the table of contents accord- (and amend the table of contents accordingly): ingly): set-aside applies to acquisitions under SEC. lll. CLARIFICATION OF APPLICABILITY SEC. lll. SENSE OF THE HOUSE OF REP- the Federal GSA Federal supply sched- OF SMALL BUSINESS SET-ASIDES. RESENTATIVES ON ACQUISITIONS ule. Section 15 of the Small Business Act (15 CONDUCTED UNDER THE GENERAL Because of this GSA–SBA disagree- U.S.C. 644) is amended by adding at the end SERVICES ADMINISTRATION’S FED- ment on provisions of the Small Busi- ERAL SUPPLY SCHEDULE. the following: ness Act, some small businesses, in (a) FINDINGS.—Congress finds the fol- ‘‘(q) CLARIFICATION OF APPLICABILITY.—For lowing: fact, are being excluded from GSA con- purposes of any small business set-asides au- (1) The Small Business Act was adopted by tracting opportunities; and that’s not thorized under this section, the term ‘con- Congress to ensure that small business con- our intent. tract’ shall not exclude any acquisition or cerns receive fair access to, and a fair share What’s taken place on September 4, order under any Federal Supply Schedule or of, Federal government contracts and sub- 2007, just a short time ago, SBA issued Multiple Award Schedule.’’. contracts. an opinion that Small Business Act The CHAIRMAN. Pursuant to House (2) There is a disagreement between the set-aside requirements do apply to the Resolution 773, the gentleman from General Services Administration and the GSA schedule. My amendment today Florida (Mr. MICA) and a Member op- Small Business Administration on whether would only state that it is a sense of posed each will control 5 minutes. the Small Business Act applies to the acqui- the House of Representatives that the The Chair recognizes the gentleman sitions under the General Services Adminis- tration’s Federal Supply Schedule, which ac- small business set-aside should not be from Florida. excluded from any acquisition under Mr. MICA. Mr. Chairman and my col- count for over $30,000,000,000 in procurement dollars awarded each year. GSA’s Federal supply schedule. leagues, I have this amendment No. 4 (3) As demonstrated in proceedings of the We tried to send a polite message. which would clarify the small business White House Acquisition Advisory Panel, Part of my reason for being here is one set-aside provisions of the Small Busi- small businesses hold 79.6 percent of con- of the small business persons in my dis- ness Act and require that it, in fact, tracts under the Federal Supply Schedule, trict, Raul Espinosa, he is a St. Augus- apply to Federal contracts not exclud- but receive only 37.1 percent of dollars tine small business owner, his company ing Federal supply schedule and mul- awarded under the Federal Supply Schedule, is a small business, again, in the heart and this disparity has a significant impact tiple award scheduled holders. of my district. He has a company called Now, this is a mandatory provision, on the competitive viability of small business concerns in government contracting. Fit Net Purchasing Alliance and Fit and I have accepted some of the objec- (b) SENSE OF THE HOUSE.—Therefore, it is Net, is, in fact, a disadvantaged minor- tions from my side of the aisle in not the sense of the House of Representatives ity and emerging small business. They moving forward with this particular that small business set-asides should not be operate as a buying group specializing provision. I do have the next amend- excluded from any acquisitions under the but not limited to athletic, wellness ment in line, which does deal with a General Services Administration’s Federal and rehab market segments. similar issue, and I would like to ask Supply Schedule. This small business operator brought unanimous consent to withdraw the The CHAIRMAN. Pursuant to House this to my attention, and it is a great amendment at this time. Resolution 773, the gentleman from example of how this system should The CHAIRMAN. Is there objection Florida (Mr. MICA) and a Member op- work. When the agencies don’t work, to the request of the gentleman from posed each will control 5 minutes. when you have lack of understanding Florida? The Chair recognizes the gentleman and definition and law, or in proce- Ms. VELA´ ZQUEZ. Mr. Chairman, I from Florida. dures, it’s small businesses and some- reserve the right to object. Mr. MICA. Mr. Chairman and Mem- one like Raul Espinosa who has I am surprised that the gentleman is bers of the House, Mr. CHABOT and the brought to my attention, as his elected withdrawing his amendment since I Chair of the Small Business Com- representative, some of the problems was prepared to accept the amendment. mittee, I am pleased to present another that have arisen.

VerDate Aug 31 2005 03:40 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\H30OC7.REC H30OC7 mmaher on MIKETEMP with CONG-REC-ONLINE H12182 CONGRESSIONAL RECORD — HOUSE October 30, 2007 This is a clarification amendment. stituent, a small business person in my Administrator shall submit to Congress a re- We may want to go beyond this, as the district, bring unfairness, the lack of port on the results of the study, together chairlady has indicated her willingness definition about procedures here with with the recommendations developed under subsection (b)(4). to do, and possibly from my side of the the SBA and GSA, two government aisle I think we can work together and agencies, and try to get a resolution. The CHAIRMAN. Pursuant to House make this work the way it’s intended. I am delighted to be here. I am trying Resolution 773, the gentleman from Mr. Chairman, I reserve the balance to think back in 15 years if I have ever Virginia (Mr. MORAN) and a Member of my time. brought an amendment up and have ev- opposed each will control 5 minutes. The Chair recognizes the gentleman Ms. VELA´ ZQUEZ. Mr. Chairman, erybody agree on it like this. I don’t from Virginia. while not opposed to the amendment, I think so, but it’s a special occasion. Mr. MORAN of Virginia. Mr. Chair- ask unanimous consent to claim time Mr. CHABOT. Will the gentleman man, I yield myself such time as I may in opposition. yield? consume. The CHAIRMAN. Without objection, Mr. MICA. I yield to the gentleman Mr. Chairman, I first want to thank the gentlewoman from New York is from Ohio. the chairwoman of the Small Business recognized for 5 minutes. Mr. CHABOT. I was just going to say, Committee for her leadership in bring- There was no objection. that is the way this committee works, ´ ing this bill to the floor today. I appre- Ms. VELAZQUEZ. The gentleman’s right, Madam Chair? ciate the membership on both sides of amendment reflects a sense of the Ms. VELA´ ZQUEZ. Yes. the committee for finding an agree- House that laws requiring competition Mr. MICA. Mr. Chairman, I yield ment on so many issues that are im- among only small businesses should back the balance of my time. portant to small businesses. apply to the General Services Adminis- The CHAIRMAN. The question is on They know that small businesses tration’s Federal supply schedules. the amendment offered by the gen- must overcome long odds and difficult The GSA consistently points to near- tleman from Florida (Mr. MICA). obstacles in navigating the waters of ly 80 percent of contracts under sched- The amendment was agreed to. Federal contracting. Size thresholds, ules going to small businesses. The re- AMENDMENT NO. 6 OFFERED BY MR. MORAN OF growth requirements, endless paper- ality is that as far as dollars, small VIRGINIA work and late contracts payments are firms get less than 40 percent. With the The CHAIRMAN. It is now in order to all part of the challenges that com- exception of the GSA schedules, every consider amendment No. 6 printed in peting small businesses regularly face. agency must ensure that small busi- House Report 110–407. Yet there is another challenge that nesses are the priority for contracts Mr. MORAN of Virginia. Mr. Chair- has been brought to my attention. valued at more than $2,500 and less man, I offer an amendment. Some small businesses, after being than $100,000. Even when the GSA en- The CHAIRMAN. The Clerk will des- awarded a competitively bid contract, must face frivolous protests by the in- ters into a contract itself, not using ignate the amendment. cumbent contractors just for the pur- the schedules, the SBA statute applies. The text of the amendment is as fol- poses of delaying the award of a con- Recently, the GSA’s general counsel lows: has pointed to a conflict between the tract. For an incumbent contractor, Amendment No. 6 offered by Mr. MORAN of statute that authorizes the Federal there is an economic incentive to pro- Virginia: test an award, even if there is no sub- supply schedules and the SBA statute. Title VI, add at the end the following (and Because Congress has not spoken to amend the table of contents accordingly): stance to the challenge. The award to the contradiction, GSA relies on its the small business is thus delayed, and SEC. ll. STUDY ON FRIVOLOUS PROTESTS. own interpretation. the current contract is retained until (a) STUDY.—The Administrator of the the protest is concluded. It can take GSA schedules represent billions of Small Business Administration shall conduct dollars in contracting opportunities a study to determine, with respect to small months or even years before the dis- that simply aren’t available to small business contracts, whether incumbent Fed- pute is resolved by the government. firms because of the GSA’s incorrect eral contractors submit frivolous protests to In the meantime, the incumbent con- interpretation of the statute. The gen- extend the length of current contracts before tractor can reap millions more for the tleman’s amendment will provide a di- protest decisions are resolved. extended contract that they had been rection that is missing between these (b) CONTENTS.—In conducting the study, granted previously but lost out on. the Administrator shall— conflicting statutes, an issue to be sup- These protests have serious con- (1) determine the number of Government sequences for many small businesses. ported. Not only will small businesses Accountability Office bid protests and Small see increased dollars as a result; tax- During protests, the small businesses Business Administration size protests filed must cover their legal costs. Moreover, payers will receive lower costs due to by incumbent Federal contractors with re- the flexibility and efficiency that small spect to small business contracts, the num- they must cover payroll and adminis- firms are able to offer. ber of incumbent contracts extended because trative costs for the workforce that Mr. Chairman, I am prepared to ac- of the protest, the extra costs of extending they hired for the awarding contract. cept this amendment, and I will yield incumbent contracts during the protest, and That’s before they ever get paid by the the final rulings of these protests; Federal Government. These costs can to Mr. CHABOT for any comments he (2) determine the financial impact of pro- cripple some small businesses that run may have. tests filed by incumbent Federal contractors Mr. CHABOT. I thank the gentlelady on tight budgets without built-in over- on small businesses that were originally head for the costly protests. for yielding. awarded the protested small business con- Mr. Chairman, we have no opposition tracts, including costs associated with de- b 1300 to this amendment. We would thank fending the protests and costs incurred by In other words, it’s an uneven play- the gentleman for his hard work in of- Federal agencies; ing field. fering the amendment. (3) identify the incumbent Federal contrac- This amendment will require the Ms. VELA´ ZQUEZ. I urge support for tors that file the most unsuccessful protests on small business contracts; and Small Business Administration to this amendment and I yield back the (4) develop recommendations— study the degree to which incumbent balance of my time. (A) to ease any financial burden on small contractors are submitting frivolous Mr. MICA. How much time do I have businesses during the protest of small busi- protests to extend the length of cur- remaining, might I inquire. ness contracts; and rent contracts. It’s a problem I know The CHAIRMAN. The gentleman (B) to discourage frivolous protests by in- exists because many of my constituent from Florida has 1 minute remaining. cumbent Federal contractors on small busi- companies have, in fact, experienced it Mr. MICA. Mr. Chairman, I won’t ness contracts. firsthand. take all of that minute, but I do again (c) CONSULTATION.—In conducting the The Small Business Administration’s want to thank again the gentlelady, study, the Administrator shall consult with the Government Accountability Office, any study will determine the number and the Chair of the SBA Committee, and necessary Federal agencies, and the Office of the merit of GAO and SBA protests Mr. CHABOT, the ranking member. Federal Procurement Policy. that are filed by incumbent contrac- This is a great example of how gov- (d) REPORT.—Not later than 180 days after tors and analyze the number of ex- ernment should work, having a con- the date of the enactment of this Act, the tended contracts. It’ll analyze the

VerDate Aug 31 2005 03:40 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\H30OC7.REC H30OC7 mmaher on MIKETEMP with CONG-REC-ONLINE October 30, 2007 CONGRESSIONAL RECORD — HOUSE H12183 extra costs of extending contracts, interested to see if this is what they’re ministration to examine the list of cluding the costs to small businesses being forced to do. groups under the Disadvantaged Busi- that won the initial award of those It would allow our committee to ness Program and consider whether it contracts, and the costs incurred by fully understand if further changes are should be updated to include additional Federal agencies as a result. needed. groups. This amendment does not man- Finally, it will develop recommenda- We are prepared to accept this date that any group be added and tions to ease the financial burden on amendment, Mr. Chairman, and I will would not affect those well-deserving small businesses during protests and yield to Mr. CHABOT for any comments groups already included. offer recommendations to discourage he may have. Let me explain why I believe this frivolous protests made to squeeze Mr. CHABOT. Thank you, Madam issue deserves our attention. The issue small businesses. Chairwoman. was brought to my attention by an It’s clear that not all incumbent con- We do not oppose this amendment. Afghani American entrepreneur in my tractors submit frivolous bids. But it’s We would thank the gentleman and his own district who is not eligible to re- also equally clear that there are some staff for their hard work and the receive SBA assistance under the Small built-in incentives for incumbents to search in considering this and offering Business Development Program. After submit protests that they know have the amendment. researching the matter, I learned that little merit but, nevertheless, will en- Ms. VELA´ ZQUEZ. Mr. Chairman, I the SBA does not include Afghani or able them to profit by the delay. urge support of this amendment, and I Iraqi Americans in the Small Dis- Mr. Chairman, I ask for support of yield back. advantaged Business Program. this amendment so that small busi- Mr. MORAN of Virginia. I am pre- I found this troubling, frankly. As we nesses can cope with frivolous incum- pared to yield back the balance of my seek to spread democracy to other na- bents’ protests, and I look forward to time. I do want to thank Heath tions around the world, we ought to working with the Small Business Com- Bumgardner of my staff for doing the consider how we are helping or not mittee on this ongoing issue of fair- work on this. And I’ve enjoyed working helping individuals from those coun- ness. with the Small Business Committee tries who have come to the United I will retain whatever time is left. and their staff on both sides of the States. For example, at a time when we Ms. VELA´ ZQUEZ. Mr. Chairman, aisle. are promoting the American Dream in while not opposed to the amendment, I The CHAIRMAN. The question is on Afghanistan, I believe we should be ask unanimous consent to claim the the amendment offered by the gen- doing more to promote this dream to time in opposition. tleman from Virginia (Mr. MORAN). those of Afghani descent who have The CHAIRMAN. Without objection, The amendment was agreed to. come to the United States to seek a better way of life. The same applies to the gentlewoman from New York is AMENDMENT NO. 7 OFFERED BY MR. BAIRD the refugees who’ve helped our Nation recognized for 5 minutes. The CHAIRMAN. It is now in order to in its Iraq mission but have been forced There was no objection. consider amendment No. 7 printed in ´ to flee their own lands for having given Ms. VELAZQUEZ. Mr. Chairman, I House Report 110–407. would like to thank the gentleman for us that very assistance. Mr. BAIRD. Mr. Chairman, I offer an I hope we would all agree that as we offering this amendment. amendment. Certainly, frivolous litigation is a work to spread democracy and freedom The CHAIRMAN. The Clerk will des- to other nations, we should consider problem in any scenario. Our justice ignate the amendment. system is a valuable tool for the good- how we’re treating individuals from The text of the amendment is as fol- those countries who have come to the faith settling of claims, but it is costly lows: and time consuming, and should never United States. Should my amendment Amendment No. 7 offered by Mr. BAIRD: be accepted, I hope that the adminis- be used for purposes other than what At the end of title V, insert the following was originally intended. If incumbent trator will pay special attention to new section (and amend the table of contents those countries to which our Armed contractors are, in fact, using the bid accordingly): process size protest mechanisms to ex- Forces have been deployed since Sep- SEC. 505. EXAMINATION OF LIST OF GROUPS THE tember 11. tend the length of contracts, this prob- MEMBERS OF WHICH ARE PRE- Some may be surprised to learn that lem needs to be addressed. SUMED TO BE SOCIALLY DISADVAN- TAGED FOR PURPOSES OF SMALL the SBA has not updated their list of Small businesses face enough bar- DISADVANTAGED BUSINESS PRO- groups since 1989. I believe it’s a good riers in their efforts to enter the Fed- GRAM. time now to revisit this list and to en- eral marketplace. Having to fight friv- The Administrator of the Small Business sure that this program is not excluding olous lawsuits should not be one of Administration shall examine the list of groups the members of which are presumed any group who deserve assistance. them. If businesses, particularly mega- I would ask my colleagues to join me contractors, are using their position to to be socially disadvantaged for purposes of the Small Disadvantaged Business program in supporting this commonsense prevent qualified contractors from under section 8(a) of the Small Business Act amendment. I would ask for your sup- doing Federal work by exploiting a and shall consider whether the list should be port. loophole, the American taxpayer loses updated to include additional groups. Not I reserve the balance of my time. out. later than 6 months after the date of the en- Ms. VELA´ ZQUEZ. Mr. Chairman, The gentleman’s amendment address- actment of this Act, the Administrator shall while not opposed to the amendment, I es this issue by requiring a study to de- submit to Congress a report on the results of ask unanimous consent to claim the the examination. termine the number of relevant pro- time in opposition. tests, the financial impact on small The CHAIRMAN. Pursuant to House The CHAIRMAN. Without objection, businesses, and recommendations for Resolution 773, the gentleman from the gentlewoman from New York is solving any problems discovered. Washington (Mr. BAIRD) and a Member recognized for 5 minutes. The protest process was designed to opposed each will control 5 minutes. There was no objection. create due process, not to create unfair The Chair recognizes the gentleman Ms. VELA´ ZQUEZ. Mr. Chairman, the advantages. This study will help to de- from Washington. gentleman’s amendment requires the termine if there is a problem that Mr. BAIRD. I thank the chairwoman SBA to review who should be consid- needs to be further addressed. for the time and applaud her for her ered socially disadvantaged for entry I appreciate the gentleman bringing leadership of the Small Business Com- into the 8(a) program and whether attention to this small business bar- mittee. I also want to thank the rank- there should be any updates. rier, and although frivolous lawsuits ing member for his leadership as well. Prior to today, the last Congres- can be devastating for anyone in the I rise today with an amendment to sional action on the 8(a) program took business community, it can be a par- improve and update the Small Business place in 1988. For nearly 20 years, the ticular burden for smaller companies. Administration’s Small Disadvantaged 8(a) program has not seen one signifi- Adding litigation costs to an already Business Program. cant change. One aspect of the pro- limited cash flow is unrealistic for My amendment would direct the ad- gram, social disadvantage, has also re- many small businesses, and I will be in- ministrator of the Small Business Ad- mained unchanged.

VerDate Aug 31 2005 03:40 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\H30OC7.REC H30OC7 mmaher on MIKETEMP with CONG-REC-ONLINE H12184 CONGRESSIONAL RECORD — HOUSE October 30, 2007 My colleague’s amendment recog- AMENDMENT NO. 8 OFFERED BY MS. GINNY BROWN-WAITE seeks to ensure that tax- nizes that our country in 2007 does not BROWN-WAITE OF FLORIDA payer dollars go to small businesses look like it did in 1988. The face of The CHAIRMAN. It is now in order to that are complying with our immigra- America is changing. The 8(a) program consider amendment No. 8 printed in tion laws and not benefiting those that must reflect the new look of the Na- House Report 110–407. are breaking these laws. tion. Ms. GINNY BROWN-WAITE of Flor- While currently the Small Business This amendment addresses the con- ida. Mr. Chairman, I offer an amend- Administration’s Act prohibits the use cern that in several years the SBA has ment. of funds to benefit or assist individuals not reviewed or expanded who is con- The CHAIRMAN. The Clerk will des- that are not lawfully within the United sidered socially disadvantaged. Given ignate the amendment. States, this change would allow for this, deserving business owners are The text of the amendment is as fol- greater accountability. Creating a liai- likely being shut out. lows: son between the Small Business Ad- Amendment No. 8 offered by Ms. GINNY We also know, as members of the ministration and the Department of BROWN-WAITE of Florida: committee, that without definite direc- Homeland Security on this matter will At the end of title VI, add the following increase oversight and ensure that the tion the SBA is unlikely to act, let new section (and amend the table of contents alone in a timely fashion. The gentle- accordingly): agency’s budget is being spent law- man’s amendment will ensure that the SEC. 602. SMALL BUSINESS ADMINISTRATION LI- fully, efficiently and responsibly. SBA examines the issue and makes AISON. I also am grateful to have an ally in changes, as appropriate, within 6 (a) ESTABLISHMENT.—The Administrator of fighting this administration’s efforts months. the Small Business Administration shall cre- to reduce resources at the Small Busi- ate a liaison position whose duty it is to en- ness Administration. The fact is that We are prepared, Mr. Chairman, to sure that section 2(i) of the Small Business accept this amendment, and I will yield the Small Business Administration Act is carried out. needs personnel in carrying out this to Mr. CHABOT for any comments that (b) FUNCTIONS.—In carrying out the duty he might have. described in subsection (a), the liaison shall provision, as well as other critical operations. Mr. CHABOT. I thank the gentlelady consult with the Assistant Secretary of the Department of Homeland Security for United We share the goal of ensuring that no for yielding, and I thank the gentleman States Immigration and Customs Enforce- funds expended under the Small Busi- for offering his amendment. He has ment. ness Contracting Programs Improve- been willing to, I think, stand up and The CHAIRMAN. Pursuant to House ment Act are used in such a manner. make courageous stands on occasion. I Resolution 773, the gentlewoman from Sometimes having a law on the books think he is to be commended for that. Florida (Ms. GINNY BROWN-WAITE) and isn’t enough, and this amendment will Relative to this particular amend- a Member opposed each will control 5 go a step further in making sure that ment, as I stated in my opening state- minutes. someone is there at the SBA actively ment, I have some concerns of the bill The Chair recognizes the gentle- enforcing this important spending pro- in general because of the segmenting of woman from Florida. vision. various groups and sometimes pitting Ms. GINNY BROWN-WAITE of Flor- We are prepared to accept this one against another and being competi- ida. Mr. Chair, section 2(i) of the Small amendment, Mr. Chairman, and now I tive with each other, and so I can’t say Business Act states that only those will yield to Mr. CHABOT for any com- that I honestly would be in favor of a lawfully in the United States shall re- ments he may have. number of additional groups again fur- ceive funds under the Act. Mr. CHABOT. I thank the gentlelady ther segmenting this. My amendment establishes a Small for yielding. And I want to compliment But this just calls for a study and Business Liaison to ensure that section and thank the gentlelady from Florida doesn’t implement any particular will be followed. That’s what the for offering this important amendment. groups or propose any additional new amendment does. It mirrors language I think it certainly is a good addition groups. So, for that reason, I would not contained in my bill, H.R. 3496, which to the bill. oppose the amendment, and I want to requires the liaison to work in tandem I think it’s clear that most Ameri- thank him for his thoughtful consider- with the Department of Homeland Se- cans would only want those that are in ation of this. curity and the U.S. Immigration and this country legally to benefit from Ms. VELA´ ZQUEZ. Mr. Chairman, I Customs Enforcement group. these types of taxpayer-funded pro- urge the adoption of this amendment, Listen up, America. We are the land grams. So it’s a very good amendment, and I yield back the balance of my of opportunity, and small business and I want to thank you for offering it, time. owners make up the backbone of our and we certainly will support it. economy. However, Congress cannot Mr. BAIRD. I thank the gentlelady, b 1315 the Chair, and the ranking member for continue to encourage and foster small Ms. VELA´ ZQUEZ. Mr. Chairman, I their support of this. Point well taken. businesses in our Nation, if we are not yield back the balance of my time. This does call for a study. I think there making those here legally an actual Ms. GINNY BROWN-WAITE of Flor- are a number of groups under criteria priority. ida. Mr. Chairman, I certainly want to that establish this program, merit dis- This simple amendment will ensure thank the chairwoman for her coopera- cussion and examination, and particu- that small business loans and grants tion on this. I think the key word, the larly those who have come to our aid are going to those who follow the im- operative word, here is obviously ‘‘ac- overseas. I’m familiar with some really migration rules that we have in place. countability.’’ And I think this amend- heart-wrenching stories of folks who Therefore, I urge the Members of this ment will help to improve an already have been extraordinarily helpful to body to support this amendment. good bill. our country and face great personal And I certainly want to thank the Mr. Chairman, I yield back the bal- hardship in Iraq and in Afghanistan. If gentlelady from my former home State ance of my time. we can help them rebuild their lives of New York for working with us on this amendment. The CHAIRMAN. The question is on over here if they’re forced to flee their the amendment offered by the gentle- country, that would be a meritorious I reserve the balance of my time. ´ woman from Florida (Ms. GINNY deed. Ms. VELAZQUEZ. Mr. Chairman, while not opposed to the amendment, I BROWN-WAITE). But again, this is just calling for a ask unanimous consent to claim the The amendment was agreed to. study and, therefore, I urge its passage. time in opposition. AMENDMENT NO. 9 OFFERED BY MRS. I am grateful for the support. The CHAIRMAN. Without objection, GILLIBRAND I yield back the balance of my time. the gentlewoman from New York is The CHAIRMAN. It is now in order to The CHAIRMAN. The question is on recognized for 5 minutes. consider amendment No. 9 printed in the amendment offered by the gen- There was no objection. House Report 110–407. tleman from Washington (Mr. BAIRD). Ms. VELA´ ZQUEZ. Mr. Chairman, the Mrs. GILLIBRAND. Mr. Chairman, I The amendment was agreed to. amendment offered by Ms. GINNY offer an amendment.

VerDate Aug 31 2005 03:40 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\H30OC7.REC H30OC7 mmaher on MIKETEMP with CONG-REC-ONLINE October 30, 2007 CONGRESSIONAL RECORD — HOUSE H12185 The CHAIRMAN. The Clerk will des- in Federal contracts that are awarded dollars ought to be going for illegal im- ignate the amendment. each year. This amendment will ensure migrants. And companies that are The text of the amendment is as fol- accountability with taxpayers’ money knowingly hiring people who are here lows: by preventing businesses who hire ille- illegally should not be able to benefit Amendment No. 9 offered by Mrs. gal aliens from receiving Federal con- from any Federal dollars. And I think GILLIBRAND: tracts. the gentlewoman by offering this At the end of title II, add the following I urge my colleagues to vote ‘‘yes.’’ amendment has improved the bill, and (and amend the table of contents accord- Mr. Chairman, I reserve the balance I want to thank her for offering this. ingly): of my time. Ms. VELA´ ZQUEZ. Mr. Chairman, I SEC. lll. PROHIBITION ON CONTRACT AWARDS Ms. VELA´ ZQUEZ. Mr. Chairman, urge support of this amendment, and I TO CONTRACTORS IN VIOLATION OF while I am not opposed to the amend- IMMIGRATION LAWS. yield back the balance of my time. Any employer found, based on a determina- ment, I ask unanimous consent to Mrs. GILLIBRAND. I thank the gen- tion by the Secretary of Homeland Security claim the time in opposition. tleman and I thank Madam Chairman. or the Attorney General to have engaged in The CHAIRMAN. Without objection, I yield back the balance of my time. a pattern or practice of hiring, recruiting or the gentlewoman from New York is The CHAIRMAN. The question is on referring for a fee, for employment in the recognized for 5 minutes. the amendment offered by the gentle- United States an alien knowing the person is There was no objection. woman from New York (Mrs. an unauthorized alien shall be subject to de- Ms. VELA´ ZQUEZ. Mr. Chairman, I GILLIBRAND). barment from the receipt of future Federal want to thank my colleague from New The amendment was agreed to. contracts under this Act. York for her amendment to ensure that AMENDMENT NO. 10 OFFERED BY MR. LAMPSON The CHAIRMAN. Pursuant to House Federal contractors are complying The CHAIRMAN. It is now in order to Resolution 773, the gentlewoman from with the immigration laws of our Na- consider amendment No. 10 printed in New York (Mrs. GILLIBRAND) and a tion. I would like to ensure that the in- House Report 110–407. Member opposed each will control 5 terpretation of the debarment provi- Mr. LAMPSON. Mr. Chairman, I offer minutes. sions referenced in the gentlewoman’s an amendment. The Chair recognizes the gentle- amendment are consistent with the de- The CHAIRMAN. The Clerk will des- woman from New York. barment process as provided in the ignate the amendment. Mrs. GILLIBRAND. Mr. Chairman, I Federal Acquisition Regulation. The text of the amendment is as fol- yield myself such time as I may con- Mr. Chairman, small businesses face lows: sume. many obstacles in securing a work- Amendment No. 10 offered by Mr. First, I would like to thank my fel- force, and one of them is ensuring that LAMPSON: low New York colleague, Chairwoman their employees have the proper legal At the end of title VI, add the following: VELA´ ZQUEZ, for her leadership on this status. All of our employers are ex- SEC. ll. PROHIBITION ON BUSINESS-CLASS OR bill and for her constant effort to help pected to comply with our immigration FIRST-CLASS AIRLINE TRAVEL. our small businesses grow and prosper laws, and they should not be forced to In carrying out the provisions of the Small in America. Business Contracting Program Improve- compete in the Federal marketplace ments Act, the Small Business Adminis- Small businesses are the foundation with those who are skirting these laws. trator or any employee may not purchase of upstate New York’s economy. Small Small businesses should be rewarded business-class or first-class airline travel in businesses represent over 99 percent of for ensuring that their employees are contravention of sections 301–10.122 through all employers and half of all private here legally. 301–10.124 of title 41, Code of Federal Regula- sector employees. More importantly, My colleague’s amendment ensures tions. small businesses generate up to 80 per- that no contractor who has a pattern of The CHAIRMAN. Pursuant to House cent of new jobs in America. knowingly employing unauthorized Resolution 773, the gentleman from The bill that is on the floor today workers will receive contracts under Texas (Mr. LAMPSON) and a Member op- would allow upstate New York’s small the Small Business Contracting Pro- posed each will control 5 minutes. businesses to have increased opportuni- gram Improvements Act. Furthermore, The Chair recognizes the gentleman ties to compete for Federal contracts contractors found to be in violation of from Texas. against larger companies. Last year the employment provisions required Mr. LAMPSON. Mr. Chairman, I cer- small businesses received only 21.5 per- under immigration law will face the tainly appreciate the work that the cent of Federal contracts, which is possibility of debarment. chairwoman of the Small Business much too small; and I look forward to Participation in SBA’s procurement Committee and the sponsor of the this bill’s passing on the floor that will programs is a privilege and not a right. Small Business Contracting Program allow our small businesses, especially As such, we expect participants to up- Improvements Act and the rest of the disabled veteran-owned businesses, to hold the law. Those businesses that committee are doing on behalf of small compete for Federal contracts. choose not to comply should not re- businesses, the lifeblood of America. My amendment to this bill is very ceive the benefits of SBA contract as- As we consider the Small Business simple: businesses that continue to sistance. Contracting Program Improvements break the law by hiring illegal aliens I appreciate the gentlewoman’s at- Act, we must be mindful of how waste- should not be eligible for Federal con- tention to this issue and commitment ful government spending impacts hard- tracts. to ensuring that contractors who working American families. Citizens Mr. Chairman, we must reward busi- choose to violate immigration law will expect Congress to be good stewards of nesses that play by the rules and pun- not benefit from it. While there may be taxpayer dollars; and when we allow irish those who do not. It is important disagreement on reforming our immi- responsible fiscal practices to continue that we fix our broken immigration gration system, we all agree that em- in our government, then we set a bad system, and an important component ployers must comply with those laws example for our Nation and create a of that is to cut off availability of jobs that are on the books. This is simply a reckless blueprint for future spending. for undocumented workers, which can matter of fairness. So that’s why I have introduced this only be done when employers refuse to We are prepared to accept the amend- amendment today. My amendment will hire them. There are an estimated 12 ment, and I will yield to Mr. CHABOT clarify guidelines for premium travel million illegal aliens in this country; for any comments he may have. by Small Business Administration em- and if jobs are not available to them, Mr. CHABOT. I thank the gentle- ployees when carrying out provisions then there will not be an incentive for woman for yielding. of this act. A recent report by the GAO them to come or remain here in Amer- I strongly support the gentlewoman demonstrates that agencies are failing ica illegally. Hiring illegal aliens is from New York’s amendment. I think to follow Federal guidelines. This against the law in America, and my it certainly improves the bill. It’s just amendment will codify these regula- amendment ensures that employers clear, I think, many, many Members on tions in order to curb wasteful spend- who knowingly hire illegal aliens can- both sides of the aisle want to make ing by Federal agencies. Ending reck- not have access to the over $400 billion clear that we don’t think that taxpayer less spending is essential to regaining

VerDate Aug 31 2005 03:40 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\H30OC7.REC H30OC7 mmaher on MIKETEMP with CONG-REC-ONLINE H12186 CONGRESSIONAL RECORD — HOUSE October 30, 2007 the trust of American citizens and re- ranking member on the Small Business ment that requires the government to storing fiscal responsibility. Committee. Certainly, he too is a lead- set aside for competition contracts for This amendment also offers a direct er in the area of child exploitation. small businesses located in HUBZones. method of guidance by referencing the As one of the cochairs of the Congres- As already noted, there is no reason to sections of the Code of Federal Regula- sional Caucus on Missing and Exploited punish HUBZone firms by eliminating tions related to premium travel for Children, you do great work. We appre- a mandatory competition requirement. Federal employees. A similar amend- ciate all the attention. b 1330 ment applying to the Department of And I particularly appreciate the Commerce employees passed earlier gentlewoman from New York for allow- This motion will ensure that this year as a part of the Commerce- ing me to introduce this amendment HUBZone firms will be able to carry Justice-Science appropriations bill. and for the support that she has given out their purpose to redevelop low-in- So as we continue to tackle large in- to us on it. come areas. stances of government waste and I urge support of the amendment. I also would just like to reiterate abuse, let’s not overlook smaller steps Mr. Chairman, I yield back the bal- something that I said earlier when we that we can take. I encourage support ance of my time. were dealing with the overall bill in for this simple way to save taxpayer The CHAIRMAN. The question is on general, and that is that I want to dollars and to reinstate fiscal responsi- the amendment offered by the gen- again compliment the gentlelady from ´ bility and good government practices. tleman from Texas (Mr. LAMPSON). New York, Chairwoman VELAZQUEZ, for Mr. Chairman, I reserve the balance The amendment was agreed to. reaching out to the minority, as she of my time. The CHAIRMAN. There being no fur- has in the past, in trying to work to- Ms. VELA´ ZQUEZ. Mr. Chairman, ther amendments, the Committee rises. gether. There were just philosophical while I am not opposed to the amend- Accordingly, the Committee rose; differences which could not be over- ment, I ask unanimous consent to and the Speaker pro tempore (Mr. come on this bill. But the committee claim the time in opposition. SALAZAR) having assumed the chair, has worked very well together in a bi- The CHAIRMAN. Without objection, Mr. HOLDEN, Chairman of the Com- partisan manner, and I want to thank the gentlewoman from New York is mittee of the Whole House on the state her for that cooperation. recognized for 5 minutes. of the Union, reported that that Com- It is my intention to continue to There was no objection. mittee, having had under consideration work together on bills in the future be- ´ Ms. VELAZQUEZ. Mr. Chairman, I the bill (H.R. 3867) to update and ex- cause we have supported most of the want to thank my colleague from pand the procurement programs of the bills that come out of the Small Busi- Texas for his amendment. Small Business Administration, and for ness Committee, and I think that’s Fiscal responsibility is a serious other purposes, pursuant to House Res- good for small business in this country issue, and so is running an effective olution 773, he reported the bill back to because that’s something that we do government. As we are currently oper- the House with sundry amendments have in common, and that is, that we ating with a budget deficit, we must do adopted by the Committee of the believe to our core that future job all we can to eradicate wasteful spend- Whole. growth in this country is dependent ing. Many times we focus on larger The SPEAKER pro tempore. Under upon the vitality of small businesses. issues of waste and abuse and forget the rule, the previous question is or- And small businesses in this country about the smaller problems that would dered. have a lot of things that they have to be easier to solve. When we cut costs, Is a separate vote demanded on any deal with: high health insurance rates even just a little, it can add up to big amendment reported from the Com- for their employees, energy costs that savings. mittee of the Whole? If not, the Chair have been going through the roof, a tax The SBA has consistently been asked will put them en gros. structure which is, at this point, un- to do more with less. Placing these re- The amendments were agreed to. clear as to where it’s going to be in the strictions on SBA funds will reduce un- The SPEAKER pro tempore. The future. That’s why many of us on this necessary spending, giving the agency question is on the engrossment and side of the aisle believe to our core more money to use to truly assist third reading of the bill. that we need to make those tax cuts small businesses. An agency already The bill was ordered to be engrossed that were passed back in 2001 and in operating with less than its ideal budg- and read a third time, and was read the 2003 permanent. We ought to allow et should not be spending crucial funds third time. small businesses to know what their on premium travel. MOTION TO RECOMMIT OFFERED BY MR. CHABOT taxes are going to be like next year and I appreciate the gentleman’s atten- Mr. CHABOT. Mr. Speaker, I offer a the year after and the year after so tion to this issue and his effort to in- motion to recommit. that they can depend upon that tax crease accountability in our govern- The SPEAKER pro tempore. Is the structure to grow their business and to ment and require responsible spending gentleman opposed to the bill? make investments so that they can decisions. Mr. CHABOT. Yes, I am, in its cur- create jobs. Because ultimately, that’s Mr. Chairman, I am prepared to ac- rent form. what it’s all about, to keep the econ- cept this amendment, and I will yield The SPEAKER pro tempore. The omy thriving so that we can create to Mr. CHABOT for any comments he Clerk will report the motion to recom- more and more jobs for people in this may have. mit. country. And keeping taxes low is Mr. CHABOT. I thank the gentle- The Clerk read as follows: probably the best thing that we can do woman for yielding. Mr. CHABOT moves to recommit the bill to allow the small business community We do not oppose this amendment. H.R. 3867 to the Committee on Small Busi- in this country to grow and prosper. I’m more used to dealing with the gen- ness with instructions to report the same So again, I want to thank the mem- tleman from Texas on some other back to the House forthwith with the fol- bers of the committee, the staff, and issues, particularly his commitment as lowing amendment: the gentlewoman for her cooperation chairman of the Missing and Exploited Strike section 101(b). and reiterate that, although a good- Children’s Caucus, and so many other The SPEAKER pro tempore. The gen- faith effort was made, we do support issues. We have worked together on a tleman from Ohio is recognized for 5 this motion to recommit and we do op- whole range of issues attempting to minutes. pose and would urge my colleagues to protect children in this country. I want Mr. CHABOT. Mr. Speaker, I yield oppose the overall bill. to thank him for his leadership in that myself such time as I may consume. Mr. Speaker, I yield back the balance area, and I also thank him for offering Mr. BARTLETT from Maryland was of my time. this amendment. previously going to offer the motion to The SPEAKER pro tempore. Is the Ms. VELA´ ZQUEZ. Mr. Chairman, I recommit. He’s not here; so I am going gentlewoman from New York opposed urge support of this amendment, and I to offer it in his place, and I will be to the motion? yield back the balance of my time. very brief. Ms. VELA´ ZQUEZ. I am. Mr. LAMPSON. Mr. Chairman, I cer- This motion to recommit is really The SPEAKER pro tempore. The gen- tainly appreciate the kind words of the very simple. It reinstates the require- tlewoman is recognized for 5 minutes.

VerDate Aug 31 2005 03:40 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\H30OC7.REC H30OC7 mmaher on MIKETEMP with CONG-REC-ONLINE October 30, 2007 CONGRESSIONAL RECORD — HOUSE H12187 Ms. VELA´ ZQUEZ. Mr. Speaker, this motion to recommit is adopted, vet- quorum is not present and make the is simple. This motion to recommit erans will no longer be a top priority. point of order that a quorum is not will take away contracts from veterans There will be no guarantee that serv- present. with service disabilities. ice-disabled veterans will benefit from The SPEAKER pro tempore. Evi- At this time, I would like to submit additional contracting opportunities. dently a quorum is not present. for the RECORD a letter from the Amer- Instead, we would have competing pro- The Sergeant at Arms will notify ab- ican Legion that clearly states, ‘‘We grams, which is what we tried in this sent Members. steadfastly oppose any amendments to bill to rid ourselves of. Agencies will be Pursuant to clause 9 of rule XX, the alter the legislation’s provisions that more inclined to overlook disabled vet- Chair will reduce to 5 minutes the min- assist veteran-owned businesses in sec- erans in their award for sole source imum time for any electronic vote on tion 101.’’ contracts. the question of passage. THE AMERICAN LEGION, And also, I would like to add for the The vote was taken by electronic de- Washington, DC, October 17, 2007. RECORD, that this type of change is op- vice, and there were—yeas 177, nays ´ Hon. NYDIA M. VELAZQUEZ, posed by the American Legion, the Na- 240, not voting 15, as follows: Chairwoman, House Committee on Small Busi- tional Black Chamber of Commerce, ness, [Roll No. 1016] Rayburn House Office Building, Washington, the Hispanic Chamber of Commerce, YEAS—177 the U.S. Women’s Chamber of Com- DC. Akin Gallegly Murphy, Tim DEAR CHAIRWOMAN VELA´ ZQUEZ: On behalf of merce, and the Associated General Alexander Garrett (NJ) Musgrave the 2.7 million members of The American Le- Contractors. Bachmann Gilchrest Myrick gion I am writing to strongly endorse the This motion will block business op- Bachus Gingrey Neugebauer Small Business Contracting Program Im- portunity for service-disabled veterans. Baker Gohmert Nunes provements Act, which is scheduled for Barrett (SC) Goode Pearce The American Legion opposed this mo- Bartlett (MD) Goodlatte Pence markup in the Committee on Small Business tion, and we agree that this motion to Barton (TX) Granger Peterson (PA) as early as this week. Further, we stead- recommit will be making it harder for Bilirakis Graves Petri fastly oppose any amendments to alter the Bishop (UT) Hall (TX) Pickering legislation’s provisions that assist veteran- veterans to secure Federal contracts. Blackburn Hastert Pitts owned businesses in section 101. You know, these are men and women Blunt Hastings (WA) Platts Recently, the entrepreneurial needs of coming back to our country from Af- Boehner Hayes Poe America’s veterans have been brought to the ghanistan and Iraq. These are injured, Bonner Heller Porter forefront, particularly those that have sus- Bono Hensarling Price (GA) service-disabled veterans who deserve Boozman Herger Pryce (OH) tained a disability as a result of their active- the support of the American public and Boustany Hobson Putnam duty service in the armed forces. With nearly our Federal Government. Brady (TX) Hoekstra Radanovich a quarter of newly discharged veterans con- I ask Members to oppose this motion Broun (GA) Hunter Ramstad sidering starting their own businesses, the to recommit. As I mentioned, it was Brown (SC) Inglis (SC) Regula importance of opening the federal market- Brown-Waite, Issa Rehberg place to veterans, who are entrepreneurs, has defeated 16–8 in the markup. This is Ginny Johnson (IL) Renzi never before been so important. merely an attempt at a second bite of Buchanan Johnson, Sam Reynolds the apple, and it should be defeated. Burgess Jordan Rogers (AL) Unfortunately, there has been no appre- Burton (IN) Keller Rogers (KY) ciable progress toward meeting the three Mr. CHABOT. Would the gentle- Buyer King (IA) Rogers (MI) percent service-connected disabled veterans’ woman yield? Calvert King (NY) Rohrabacher government-wide contracting goal. Federal Ms. VELA´ ZQUEZ. I would yield. Camp (MI) Kingston Roskam agencies have fallen well short, accom- Mr. CHABOT. I thank the gentle- Campbell (CA) Kline (MN) Royce plishing levels of only 0.2 percent in 2003; 0.4 woman for yielding. Cannon Knollenberg Ryan (WI) percent in 2004; 0.6 percent in 2005; and 0.9 Cantor Kuhl (NY) Sali It is our view that veterans would Capito LaHood Saxton percent in 2006. As a result, Congress must not be in any way adversely affected if Carter Lamborn Schmidt take stronger action. this motion to commit were to pass be- Castle Latham Sensenbrenner We are pleased that the Small Business Chabot LaTourette Shadegg Contracting Program Improvements Act cause they are already covered by the Coble Lewis (CA) Shimkus takes the clear and compelling action nec- sole source area in the bill. So we just Cole (OK) Lewis (KY) Shuster essary to ensure that veterans receive their have an honest disagreement on this. Conaway Linder Smith (NE) fair share of federal contracting opportuni- We believe there is no way that vet- Crenshaw LoBiondo Smith (TX) ties. This legislation will result in increases Culberson Lucas Souder erans would be adversely affected if Davis (KY) Lungren, Daniel Stearns to contracts awarded to veteran-owned com- this motion to recommit would be Davis, David E. Sullivan panies. As the veterans’ community con- passed. Davis, Tom Mack Terry tinues to grow, the time is now to enact this Ms. VELA´ ZQUEZ. Let me just say to Doolittle Mahoney (FL) Thornberry important initiative. Drake Manzullo Tiahrt We thank you, Chairwoman Vela´ zquez, for the gentleman that I don’t know why Dreier Marchant Tiberi introducing this legislation and we applaud you insist this section 101 to be strick- Duncan McCarthy (CA) Turner the Committee for moving this measure in en when you clearly know that this Ehlers McCaul (TX) Upton Emerson McCotter Walden (OR) an expeditious manner. The American Le- amendment was defeated in com- English (PA) McCrery Walsh (NY) gion looks forward to working with the Com- mittee, not by Democrats, but Demo- Everett McHenry Wamp mittee on this and future legislation to as- crats and Republicans. It is opposed by Fallin McHugh Weldon (FL) sist this country’s small businesses. every veteran organization in America. Feeney McKeon Westmoreland Flake McMorris Whitfield Sincerely, Again, it will take Federal con- JAMES E. KOUTZ, Forbes Rodgers Wicker Chairman, National Economic Commission. tracting away from disabled veterans. Fortenberry Mica Wilson (NM) You know that we have failed these Fossella Miller (FL) Wilson (SC) The ranking member knows that this Foxx Miller (MI) Wolf veterans before, and what we are doing amendment was introduced in the com- Franks (AZ) Miller, Gary Young (AK) is making sure that they have an op- mittee’s markup and it was defeated Frelinghuysen Moran (KS) Young (FL) portunity to get a fair share of Federal 16–8. NAYS—240 contracts. Further, let me say that the under- Mr. Speaker, I yield back the balance Abercrombie Biggert Cardoza Ackerman Bilbray Carnahan lying bill ensures that service-disabled of my time. veterans are given a preference in seek- Aderholt Bishop (GA) Carney The SPEAKER pro tempore. Without Allen Bishop (NY) Castor ing Federal contracts. These individ- objection, the previous question is or- Altmire Blumenauer Chandler uals have consistently been shut out of dered on the motion to recommit. Andrews Boren Clarke the Federal contracts. Despite a 3 per- Arcuri Boswell Clay There was no objection. Baca Boucher Cleaver cent service-disabled veteran con- The SPEAKER pro tempore. The Baird Boyd (FL) Clyburn tracting goal since 1999, the highest ac- question is on the motion to recommit. Baldwin Boyda (KS) Cohen complishment is less than 1 percent. The question was taken; and the Barrow Brady (PA) Conyers These men and women have served our Bean Braley (IA) Cooper Speaker pro tempore announced that Becerra Brown, Corrine Costa country, and they deserve better. the noes appeared to have it. Berkley Butterfield Costello If the motion to recommit is adopted, Mr. CHABOT. Mr. Speaker, I object Berman Capps Courtney and I want to make this clear, if this to the vote on the ground that a Berry Capuano Cramer

VerDate Aug 31 2005 03:40 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\H30OC7.REC H30OC7 mmaher on MIKETEMP with CONG-REC-ONLINE H12188 CONGRESSIONAL RECORD — HOUSE October 30, 2007 Crowley Kanjorski Reyes The question was taken; and the Rahall Serrano Turner Cuellar Kaptur Richardson Ramstad Sestak Udall (CO) Cummings Kennedy Rodriguez Speaker pro tempore announced that Rangel Shays Udall (NM) Davis (AL) Kildee Ros-Lehtinen the ayes appeared to have it. Regula Shea-Porter Upton Davis (CA) Kilpatrick Ross RECORDED VOTE Rehberg Sherman Van Hollen Davis (IL) Kind Rothman Reichert Shimkus Vela´ zquez Davis, Lincoln Kirk Roybal-Allard Mr. CHABOT. Mr. Speaker, I demand Renzi Shuler Visclosky DeFazio Klein (FL) Ruppersberger a recorded vote. Reyes Shuster Walberg DeGette Lampson Rush Reynolds Sires Walden (OR) Delahunt Langevin Ryan (OH) A recorded vote was ordered. Richardson Skelton Walsh (NY) DeLauro Lantos Salazar The SPEAKER pro tempore. This is a Rodriguez Slaughter Walz (MN) Dent Larsen (WA) Sa´ nchez, Linda 5-minute vote. Rogers (AL) Smith (NJ) Wamp Diaz-Balart, L. Larson (CT) T. Rogers (MI) Smith (TX) Wasserman Diaz-Balart, M. Lee Sanchez, Loretta The vote was taken by electronic de- Ros-Lehtinen Smith (WA) Schultz Dicks Levin Sarbanes vice, and there were—ayes 334, noes 80, Roskam Snyder Waters Dingell Lewis (GA) Schakowsky not voting 18, as follows: Ross Solis Watson Doggett Lipinski Schiff Rothman Souder Watt Donnelly Loebsack Schwartz [Roll No. 1017] Roybal-Allard Space Waxman Doyle Lofgren, Zoe Scott (GA) AYES—334 Ruppersberger Spratt Weiner Edwards Lowey Scott (VA) Rush Stark Welch (VT) Ellison Lynch Serrano Abercrombie Diaz-Balart, M. Kuhl (NY) Ryan (OH) Stearns Weldon (FL) Ellsworth Maloney (NY) Sestak Ackerman Dicks LaHood Salazar Sullivan Westmoreland Emanuel Markey Shays Aderholt Dingell Lampson Sa´ nchez, Linda Sutton Wexler Engel Marshall Shea-Porter Alexander Doggett Langevin T. Tanner Whitfield Eshoo Matheson Sherman Allen Donnelly Lantos Sanchez, Loretta Tauscher Wicker Etheridge Matsui Shuler Altmire Doyle Larsen (WA) Sarbanes Taylor Wilson (NM) Farr McCarthy (NY) Sires Andrews Drake Larson (CT) Saxton Thompson (CA) Wolf Fattah McCollum (MN) Skelton Arcuri Edwards Latham Schakowsky Thompson (MS) Woolsey Ferguson McDermott Slaughter Baca Ellison LaTourette Schiff Tiahrt Wu Filner McGovern Smith (WA) Baird Ellsworth Lee Schmidt Tiberi Wynn Frank (MA) McIntyre Snyder Baldwin Emanuel Levin Schwartz Tierney Yarmuth Gerlach McNerney Solis Barrow Emerson Lewis (GA) Scott (GA) Towns Young (AK) Giffords McNulty Space Bean Engel Lewis (KY) Scott (VA) Tsongas Young (FL) Gillibrand Meek (FL) Spratt Becerra English (PA) Lipinski Gonzalez Meeks (NY) Stark Berkley Eshoo LoBiondo NOES—80 Gordon Melancon Stupak Berman Etheridge Loebsack Green, Al Michaud Sutton Berry Fallin Lofgren, Zoe Akin Ehlers Mack Green, Gene Miller (NC) Tanner Biggert Farr Lowey Bachmann Everett Manzullo Grijalva Miller, George Tauscher Bilirakis Fattah Lucas Bachus Feeney Marchant Gutierrez Mitchell Taylor Bishop (GA) Ferguson Lynch Baker Flake McCarthy (CA) Hall (NY) Mollohan Thompson (CA) Bishop (NY) Filner Mahoney (FL) Barrett (SC) Fossella McCrery Hare Moore (KS) Thompson (MS) Bishop (UT) Forbes Maloney (NY) Bartlett (MD) Foxx McHenry Harman Moore (WI) Tierney Blumenauer Fortenberry Markey Barton (TX) Franks (AZ) Miller, Gary Hastings (FL) Moran (VA) Towns Bonner Frank (MA) Marshall Bilbray Gallegly Musgrave Herseth Sandlin Murphy (CT) Tsongas Bono Frelinghuysen Matheson Blackburn Gingrey Myrick Higgins Murphy, Patrick Udall (CO) Boozman Garrett (NJ) Matsui Blunt Gohmert Nunes Hill Murtha Udall (NM) Boren Gerlach McCarthy (NY) Boehner Goode Pence Hinchey Nadler Van Hollen Boswell Giffords McCaul (TX) Boustany Hastert Petri Hirono Napolitano Vela´ zquez Boucher Gilchrest McCollum (MN) Broun (GA) Hastings (WA) Pitts Hodes Neal (MA) Visclosky Boyd (FL) Gillibrand McCotter Burton (IN) Hensarling Price (GA) Holden Oberstar Walberg Boyda (KS) Gonzalez McDermott Calvert Hunter Putnam Holt Obey Walz (MN) Brady (PA) Goodlatte McGovern Campbell (CA) Inglis (SC) Radanovich Honda Olver Wasserman Brady (TX) Gordon McHugh Cannon Issa Rogers (KY) Hooley Ortiz Schultz Braley (IA) Granger McIntyre Cantor Johnson, Sam Rohrabacher Hoyer Pallone Waters Brown (SC) Graves McKeon Chabot Jordan Royce Inslee Pascrell Watson Brown, Corrine Green, Al McMorris Coble Keller Ryan (WI) Israel Pastor Watt Brown-Waite, Green, Gene Rodgers Conaway King (IA) Sali Jackson (IL) Payne Waxman Ginny Grijalva McNerney Culberson Kingston Sensenbrenner Jackson-Lee Perlmutter Weiner Buchanan Gutierrez McNulty Davis (KY) Lamborn Shadegg (TX) Peterson (MN) Welch (VT) Burgess Hall (NY) Meek (FL) Davis, Tom Lewis (CA) Smith (NE) Johnson (GA) Pomeroy Wexler Butterfield Hall (TX) Meeks (NY) Doolittle Linder Terry Johnson, E. B. Price (NC) Woolsey Buyer Hare Melancon Dreier Lungren, Daniel Thornberry Jones (NC) Rahall Wu Camp (MI) Harman Mica Duncan E. Wilson (SC) Jones (OH) Rangel Wynn Capito Hastings (FL) Michaud Kagen Reichert Yarmuth Capps Hayes Miller (FL) NOT VOTING—18 Capuano Heller Miller (MI) Carson Jefferson Sessions Cardoza Herseth Sandlin Miller (NC) NOT VOTING—15 Cubin Jindal Simpson Carnahan Higgins Miller, George Deal (GA) Jones (OH) Stupak Carson Jefferson Simpson Carney Hill Mitchell Herger Kucinich Tancredo Cubin Jindal Smith (NJ) Carter Hinchey Mollohan Hinojosa Paul Weller Deal (GA) Kucinich Tancredo Castle Hirono Moore (KS) Hulshof Pryce (OH) Wilson (OH) Hinojosa Paul Weller Castor Hobson Moore (WI) Hulshof Sessions Wilson (OH) Chandler Hodes Moran (KS) Clarke Hoekstra Moran (VA) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE 1402 Clay Holden Murphy (CT) b Cleaver Holt Murphy, Patrick The SPEAKER pro tempore (during Messrs. EDWARDS, COHEN, GENE Clyburn Honda Murphy, Tim the vote). Members are advised 2 min- Cohen Hooley Murtha utes remain in this vote. GREEN of Texas, THOMPSON of Mis- Cole (OK) Hoyer Nadler sissippi, CROWLEY, SHAYS, Conyers Inslee Napolitano CUMMINGS and DENT and Ms. ZOE Cooper Israel Neal (MA) b 1408 LOFGREN of California, Mrs. Costa Jackson (IL) Neugebauer Costello Jackson-Lee Oberstar Mr. LEWIS of Kentucky changed his MALONEY of New York, Ms. ROS- Courtney (TX) Obey LEHTINEN, Mrs. DAVIS of California Cramer Johnson (GA) Olver vote from ‘‘no’’ to ‘‘aye.’’ and Mrs. BIGGERT changed their vote Crenshaw Johnson (IL) Ortiz So the bill was passed. Crowley Johnson, E. B. Pallone from ‘‘yea’’ to ‘‘nay.’’ Cuellar Jones (NC) Pascrell The result of the vote was announced Messrs. HOBSON, JORDAN of Ohio Cummings Kagen Pastor as above recorded. and CANTOR changed their vote from Davis (AL) Kanjorski Payne Davis (CA) Kaptur Pearce ‘‘nay’’ to ‘‘yea.’’ A motion to reconsider was laid on Davis (IL) Kennedy Perlmutter the table. So the motion to recommit was re- Davis, David Kildee Peterson (MN) jected. Davis, Lincoln Kilpatrick Peterson (PA) Stated for: DeFazio Kind Pickering The result of the vote was announced DeGette King (NY) Platts Mrs. JONES of Ohio. Mr. Speaker, on roll- as above recorded. Delahunt Kirk Poe call No. 1017 I was meeting with representa- DeLauro Klein (FL) Pomeroy The SPEAKER pro tempore. The Dent Kline (MN) Porter tives of the Turkish community. Had I been question is on the passage of the bill. Diaz-Balart, L. Knollenberg Price (NC) present, I would have voted ‘‘aye.’’

VerDate Aug 31 2005 03:40 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00032 Fmt 7634 Sfmt 9920 J:\CRONLINE\2007BA~1\2007NE~2\H30OC7.REC H30OC7 mmaher on MIKETEMP with CONG-REC-ONLINE October 30, 2007 CONGRESSIONAL RECORD — HOUSE H12189 AUTHORIZING THE CLERK TO ‘‘(i) WEATHER RADIOS.— may have 5 legislative days within MAKE CORRECTIONS IN EN- ‘‘(1) CONSTRUCTION AND SAFETY STAND- which to revise and extend their re- GROSSMENT OF H.R. 3867, SMALL ARD.—The Federal manufactured home con- marks on this legislation and to insert BUSINESS CONTRACTING PRO- struction and safety standards established extraneous material thereon. by the Secretary under this section shall re- GRAM IMPROVEMENTS ACT quire that each manufactured home deliv- The SPEAKER pro tempore. Is there Ms. VELA´ ZQUEZ. Mr. Speaker, I ask ered for sale shall be supplied with a weather objection to the request of the gen- unanimous consent that the Clerk be radio inside the manufactured home that— tleman from Indiana? authorized to correct section numbers, ‘‘(A) is capable of broadcasting emergency There was no objection. Mr. DONNELLY. Mr. Speaker, I yield punctuation, and cross-references, and information relating to local weather conditions; myself such time as I may consume. to make other necessary technical and ‘‘(B) is equipped with a tone alarm; Mr. Speaker, I rise in support of H.R. conforming corrections in the engross- ‘‘(C) is equipped with Specific Alert Mes- 2787, CJ’s Home Protection Act of 2007, ment of H.R. 3867. sage Encoding, or SAME technology; and introduced by my colleague and friend The SPEAKER pro tempore. Is there ‘‘(D) complies with Consumer Electronics from Indiana (Mr. ELLSWORTH). H.R. objection to the request of the gentle- Association (CEA) Standard 2009–A (or cur- 2787 would require that weather radios woman from New York? rent revision thereof) Performance Specifica- be installed in all new manufactured There was no objection. tion for Public Alert Receivers. ‘‘(2) LIABILITY PROTECTIONS.—No aspect of homes manufactured or sold in the f the function, operation, performance, capa- United States. CJ’S HOME PROTECTION ACT OF bilities, or utilization of the weather radio Mr. Speaker, this legislation passed 2007 required under this subsection, or any in- the Financial Services Committee structions related thereto, shall be subject unanimously on September 18 of this Mr. DONNELLY. Mr. Speaker, I to the requirements of section 613 or 615 or year. It would ensure that manufac- move to suspend the rules and pass the any regulations promulgated by the Sec- tured homes continue to provide the bill (H.R. 2787) to amend the National retary pursuant to the authority under such highest level of safety to their resi- Manufactured Housing Construction sections.’’. dents in the event of devastating and Safety Standards Act of 1974 to re- SEC. 4. ESTABLISHMENT. weather conditions, such as hurricanes quire that weather radios be installed Not later than the expiration of the 90-day and tornadoes, which many regions of in all manufactured homes manufac- period beginning on the date of the enactment of this Act, the consensus committee the country, including my home State tured or sold in the United States, as established pursuant to section 604(a)(3) of of Indiana, are all too familiar with. amended. the National Manufactured Housing Con- In Indiana, and in my congressional The Clerk read the title of the bill. struction and Safety Standards Act of 1974 district, we have a proud and a strong The text of the bill is as follows: (42 U.S.C. 5304(a)(3)) shall develop and submit tradition of providing first-class manu- to the Secretary of Housing and Urban De- H.R. 2787 factured housing for Americans and Be it enacted by the Senate and House of Rep- velopment a proposed Federal manufactured home construction and safety standard re- providing quality jobs for Hoosiers. resentatives of the United States of America in Manufactured homes house 22 million Congress assembled, quired under section 604(i) of such Act (as added by the amendment made by section 3 people in over 10.5 million homes. SECTION 1. SHORT TITLE. of this Act). Notwithstanding section These manufactured homes have con- This Act may be cited as the ‘‘CJ’s Home 604(a)(5)(B) of such Act, the Secretary of Protection Act of 2007’’. tinued a tradition of quality and safe Housing and Urban Development shall issue construction over the years. They SEC. 2. CONGRESSIONAL FINDINGS. a final order promulgating the standard represent a high-quality, affordable hous- The Congress finds that— quired by such section 604(i) not later than (1) nearly 20,000,000 Americans live in man- the expiration of the 90-day period beginning ing option for families, and will con- ufactured homes, which often provide a more upon receipt by the Secretary of the pro- tinue to do so for years to come. accessible and affordable way for many fami- posed standard developed and submitted by Mr. Speaker, this is a thoughtful and lies to buy their own homes; the consensus committee. deeply personal piece of legislation, (2) manufactured housing plays a vital role SEC. 5. STUDY. and I commend Mr. ELLSWORTH for in providing housing for low- and moderate- The Secretary of Housing and Urban Devel- working together with manufacturers income families in the United States; opment shall conduct a study regarding con- and advocates alike to craft a bill in (3) NOAA Weather Radio (NWR) is a na- ditioning the applicability of the require- H.R. 2787 that works for everybody. I tionwide network of radio stations broad- ment under the amendment made by section urge Members to vote in favor of this casting continuous weather information di- 3 of this Act (relating to supplying weather rectly from a nearby National Weather Serv- legislation. radios in manufactured homes) on the geo- Mr. Speaker, I am glad to yield such ice (NWS) office, and broadcasts NWS warn- graphic location at which a manufactured ings, watches, forecasts, and other all-hazard home is placed, but only to the extent that time as he may consume to the gen- information 24 hours a day; such requirement applies to new manufac- tleman from Indiana (Mr. ELLSWORTH). (4) the operators of manufactured housing tured homes and new site-built homes. In Mr. ELLSWORTH. I would like to communities should be encouraged to pro- conducting such study and making deter- thank the gentleman, my good friend vide a safe place of shelter for community minations under the study, the Secretary from Indiana (Mr. DONNELLY). residents or a plan for the evacuation of shall take into consideration severe weather Mr. Speaker, I rise today in support community residents to a safe place of shel- conditions, such as high winds and flooding, of CJ’s Home Protection Act. Nearly 2 ter within a reasonable distance of the com- and wind zones and other severe weather munity for use by community residents in years ago, a killer F3 tornado struck data available from the National Weather my district in southwest Indiana. The times of severe weather, including tornados Service. Not later than the expiration of the and high winds, and local municipalities 18-month period beginning on the date of the tornado hit a manufactured housing should be encouraged to require approval of enactment of this Act, the Secretary shall community after most people had gone these plans; complete the study and submit a report re- to bed on a Saturday night, and it took (5) the operators of manufactured housing garding the results of the study to the Com- the lives of 25 Hoosiers, 20 in my coun- communities should be encouraged to pro- mittee on Financial Services of the House of ty and five in Warrick County next vide a written reminder semiannually to all Representatives and to the Committee on owners of manufactured homes in the manu- door, lives that might have been saved Banking, Housing, and Urban Affairs of the if the victims knew a storm was ap- factured housing community to replace the Senate. batteries in their weather radios; and proaching. (6) weather radio manufacturers should in- The SPEAKER pro tempore. Pursu- CJ Martin, an energetic, smiling 2- clude, in the packaging of weather radios, a ant to the rule, the gentleman from In- year-old boy, was one of the victims written reminder to replace the batteries diana (Mr. DONNELLY) and the gen- that night. He and the other 24 victims twice each year and written instructions on tleman from Alabama (Mr. BACHUS) are the reason I am here today, as well how to do so. each will control 20 minutes. as the victims who have suffered the SEC. 3. FEDERAL MANUFACTURED HOME CON- The Chair recognizes the gentleman same across our country. His picture is STRUCTION AND SAFETY STANDARD. from Indiana. Section 604 of the National Manufactured a reminder of the destruction that Housing Construction and Safety Standards GENERAL LEAVE comes to families and communities Act of 1974 (42 U.S.C. 5403) is amended by add- Mr. DONNELLY. Mr. Speaker, I ask when severe weather strikes without ing at the end the following new subsection: unanimous consent that all Members warning.

VerDate Aug 31 2005 03:40 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\H30OC7.REC H30OC7 mmaher on MIKETEMP with CONG-REC-ONLINE H12190 CONGRESSIONAL RECORD — HOUSE October 30, 2007 Mr. Speaker, I was the sheriff of the national Association of Firefighters, We have come to a time in our coun- county back in 2005, and I oversaw the and the Michigan Committee for Se- try where we really have no excuse not recovery effort in the wake of this vere Weather Awareness. to do the few elementary things we can storm. The picture doesn’t do it jus- Before I close, I want to thank the do to prevent the death or at least less- tice. The horror and devastation the chairman of this committee, BARNEY en the likelihood of the death of CJ storm left behind is something I will FRANK, SPENCER BACHUS, Congressman Martin in Indiana or Wesley Crowder remember for the rest of my life. That DENNIS MOORE and Congresswoman and his dad, Whitney’s father, in Ala- is why this bill is so important to me. KAY GRANGER for their support and bama. Technology today in an F–5 or I met Kathryn Martin, CJ’s mother, being supporters of this bill, as well as F–4 storm gives 30 to 40 minutes’ warn- right after the storm, and in the Congressman JOE DONNELLY. I would ing. With that warning you only need months afterwards she took that pain also like to thank my staff for their two things: You need shelter from the and suffering and turned it into an ef- tireless work on this effort. storm, you need a place to go, and you fort to pass this same legislation in the Severe weather does not distinguish need to receive that warning. State of Indiana, which she was suc- between Republicans and Democrats. It Now, in 2003 this Congress passed the cessful in doing. doesn’t care whether you live in Indi- Tornado Shelters Act, which allows ana, California, Alabama, or Kansas. communities to use community block b 1415 This is public safety legislation, and grant money to build shelters, a shel- Kathryn was successful in getting for a mere $30 to $80, we can perhaps ter from the storm, a shelter that the bill passed, and because of the save the next 2-year-old boy from this could exist for the Martins or the awareness she raised about weather ra- type of devastation. Crowder family, and a mobile commu- dios, the people in my hometown of Mr. DONNELLY. Mr. Speaker, I re- nity. Evansville, Indiana, have the most serve the balance of my time. I am happy to report in my district, weather radios in households per cap- Mr. BACHUS. Mr. Speaker, I rise in the Sixth Congressional District of ita. strong support of CJ’s Home Protec- Alabama, we now have six of these When I met Kathryn, I promised her tion Act of 2007. shelters in or near manufactured hous- that if I ever got to Congress, I would Congressman ELLSWORTH said a pic- ing communities. But people don’t introduce a Federal bill that did the ture is worth a thousand words, and he have to go to those. If they are in man- same thing she was trying to push in held up a picture of CJ Martin. When ufactured housing, they can go to a our State. This bill before us today ful- the Congressman brought CJ’s mother, nearby building with a basement or in- fills that promise. CJ’s Home Protec- Kathryn Martin, to my office, he terior room. Manufactured housing, a tion Act amends the Federal Manufac- brought that picture with him. It mobile home as some of us call them, tured Home Construction and Safety brought back memories to me of an- they don’t have basements and interior Standard to require that each manu- other picture, of not a little boy but of rooms. It is not wrong; it is just some- factured home delivered for sale shall a little girl, and I have that picture thing they are not designed to have. be supplied with a weather radio inside with me today. But there are permanent structures This is a picture of Whitney Crowder. nearby, whether it be a school, a tor- the manufactured home. Now, unlike CJ, I am happy to say that One might ask, not every area in this nado shelter that we authorized in 2003, today she is an eighth grader in a Tus- or maybe even their parents’ house. country suffers tornadoes. You are caloosa city school. She is doing well, The Crowders had an aunt and uncle right about that. A tornado took CJ’s but she has had a lot to overcome. Just that lived only about 400 yards away in life, but it could have just as easily like CJ, she and her family lived in a site-built house with a basement. been a fire like in California, flash manufactured housing. They would have been safe from that flooding and even tsunamis. An added Let me tell you, manufactured hous- storm. The technology was there to bonus of this bill would be that weath- ing in the South has replaced a lot of warn them. The shelter was there to er radios are also used to put out substandard housing. It provides af- receive them, but there was no weather AMBER alerts. fordable housing for a lot of Alabam- radio. The radio must be capable of broad- ians. As many as one out of five Ala- Now, what’s the cost of a radio? casting emergency information related bamians lives in a manufactured house. Some people have talked about the to local weather conditions, equipped It is affordable. It is clean, and it pro- cost that you are imposing, although with a tone alarm and specific alert vides a very good home. the manufactured housing industry as message encoding, and comply with Whitney was living in one of these far as I know has said they support this Consumer Electronics Association manufactured houses. An alert went bill. Well, Wal-Mart just came out with standards for public receivers. out that said a tornado was 30 miles a weather radio for $12. So that’s the Like a smoke detector, these inex- off. She had approximately 20 minutes; cost if you buy them in bulk. You can pensive devices can provide families but the TV wasn’t on. She didn’t have put them in for $12 in a mobile home, with the warning they need to take ac- a weather alert radio. And although manufactured housing. $12. What is the tion and protect themselves when se- the TV stations were able to track that cost of not acting? For the Crowder vere weather strikes. This bill is about storm and to tell within a quarter mile family there are all sorts of costs. The improving public safety, plain and sim- where it was going and when it would greatest cost was the loss of two indi- ple. It is not about demonizing the arrive there, she and her grandmother viduals, a little 16-month-old boy, manufactured housing industry. Kath- and the rest of her family didn’t have Whitney’s little brother, and her fa- ryn and John Martin and the other the TV on. Some people say why don’t ther. Also the cost to Whitney and her residents of this community love their you require these in cars. Why just mother and the 12 other people injured homes, and the manufactured homes manufactured housing? Well, in fact by this storm. The cost was several provide affordable, high-quality homes studies show when people are in cars million dollars in health care costs. for thousands of American families. they have the radio on and more often Now, we are not here to save money; In fact, when my wife Beth and I than not they receive an alert. we are here to save lives. But this bill were first married, we agreed to buy a But as is the case in Alabama with will not only save lives; it will save manufactured home as our first home. this storm and another storm that money. A killer tornado like this hit Unfortunately, the manufactured hous- took 32 lives a few years before that, Oak Grove at night, and among the ing park told us we were too young to people were asleep. I think the Martins things it did was paralyze a man. That move there so we had to make other were asleep. They had no idea that a man is still paralyzed to this day and arrangements. killer tornado was bearing down on his cost of treatment is, as we all I continue to be a strong supporter of them, even though warnings were know, hundreds of thousands of dollars manufactured housing. I see this legis- going out. a year. One radio in that gentleman’s lation as adding one more feature to As I said, although I am happy to say manufactured housing home could have enhance the safety features of these that Whitney survived the tornado, her saved him a life of paralysis. But, in- structures. This bill is sponsored by brother Wesley, 16-month-old, and her stead, it took 30 lives and denied him the American Red Cross, the Inter- father did not. They were killed. mobility for the rest of his life.

VerDate Aug 31 2005 03:40 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\H30OC7.REC H30OC7 mmaher on MIKETEMP with CONG-REC-ONLINE October 30, 2007 CONGRESSIONAL RECORD — HOUSE H12191 As the Congressman from Indiana nados simply by taking the step to- SEC. 3. NATIONWIDE SUBPOENAS. said, this is not about Republicans or gether united, Republicans and Demo- Section 408(b) of the September 11 Victims Democrats. There are certain things we crats, and passing this legislation. Compensation Fund of 2001 (49 U.S.C. 40101 note) is amended by adding at the end the ought to say, it is time to do this; and I commend Chairman FRANK for ex- following: technology has reached that time. peditiously moving this legislation, ‘‘(4) NATIONWIDE SUBPOENAS.— When 40 percent to 50 percent to some- and I commend the Member from Indi- ‘‘(A) IN GENERAL.—A subpoena requiring times as many as 60 percent of the ana for his thoughtfulness and his care the attendance of a witness at trial or a deaths every year from these killer tor- and dedication to this issue. hearing conducted under this section may be nadoes are in mobile homes, manufac- Mr. DONNELLY. Mr. Speaker, I want served at any place in the United States. tured housing, and families live in to thank the ranking member for his ‘‘(B) RULE OF CONSTRUCTION.—Nothing in these houses, whether they be our thoughtful and eloquent remarks; Con- this subsection is intended to diminish the grandparents, our parents, our chil- authority of a court to quash or modify a gressman ELLSWORTH for his tireless ef- subpoena for the reasons provided in clause dren, our neighbors, our loved ones, or fort on behalf of this, and the manufac- (i), (iii), or (iv) of subparagraph (A) or sub- people we don’t even know, you see the tured housing industry for their assist- paragraph (B) of rule 45(c)(3) of the Federal devastation here. There were site-built ance. Rules of Civil Procedure.’’. homes here. This is a manufactured Mr. Speaker, I have no further re- The SPEAKER pro tempore. Pursu- house. Twenty-seven manufactured quests for time, and I yield back the ant to the rule, the gentleman from housing units in this area, a mobile balance of my time. New York (Mr. NADLER) and the gen- home community, no longer existed. The SPEAKER pro tempore. The tleman from Iowa (Mr. KING) each will As the gentleman from Indiana said, question is on the motion offered by control 20 minutes. looking at this picture really doesn’t the gentleman from Indiana (Mr. DON- The Chair recognizes the gentleman do it justice. People actually com- NELLY) that the House suspend the from New York. mented when they came upon this area rules and pass the bill, H.R. 2787, as GENERAL LEAVE which was about half a mile long and amended. Mr. NADLER. Mr. Speaker, I ask 400 yards wide, it looked like a garbage The question was taken; and (two- unanimous consent that all Members dump. You couldn’t tell there had been thirds being in the affirmative) the have 5 legislative days to revise and ex- a community there. It looked like rules were suspended and the bill, as tend their remarks and include extra- there were a few junk cars because the amended, was passed. neous material on the bill under con- cars were rolled over and over. A motion to reconsider was laid on sideration. We can rebuild these communities; the table. but CJ, we can’t bring him back. We The SPEAKER pro tempore. Is there can’t bring Whitney’s little brother f objection to the request of the gen- and father back, but we can do our best PROCEDURAL FAIRNESS FOR SEP- tleman from New York? There was no objection. for literally pennies to prevent some of TEMBER 11 VICTIMS ACT OF 2007 Mr. NADLER. Mr. Speaker, I yield these deaths. Mr. NADLER. Mr. Speaker, I move to I think that is why 55 TV stations myself such time as I may consume. suspend the rules and pass the Senate Mr. Speaker, I rise in support of S. throughout this Nation have made this bill (S. 2106) to provide nationwide sub- 2106, the Procedural Fairness for Sep- their cause. They visited us in Wash- poena authority for actions brought tember 11 Victims Act of 2007. This bill ington last year. They said, Look, we under the September 11 Victim Com- is substantially identical to H.R. 3921, will get the warning out and there are pensation Fund of 2001. shelters available. But please require a bill that the House Judiciary Com- The Clerk read the title of the Senate the installation of a $12 radio so we can mittee reported by voice vote without bill. bridge that gap between warning and amendment on October 24. The text of the Senate bill is as fol- This legislation would provide imme- safe shelter. That is what we are here to do today. lows: diate procedural relief to the victims of In this House where we sometimes are S. 2106 the terrorist attacks of September 11, in conflict and at loggerheads, can’t we Be it enacted by the Senate and House of Rep- 2001, by implementing a technical fix this time come together in a united resentatives of the United States of America in to a bill that this Congress passed in way in an effort that will cost almost Congress assembled, the wake of those horrible events. nothing and which the manufactured SECTION 1. SHORT TITLE. Eleven days after the September 11 housing industry said we are willing to This Act may be cited as the ‘‘Procedural attacks, we passed comprehensive leg- do this, and require these radios. And Fairness for September 11 Victims Act of islation, the Transportation and Sys- 2007’’. not only when a tornado comes or when tems Stabilization Act. That Act, a devastating flood comes like came to SEC. 2. FINDINGS. among other things, created a Victims Congress finds the following: Compensation Fund to provide relief Texas and people were asleep in a mo- (1) The September 11th Victims Compensa- bile home community and several of for victims without the need for litigation Fund of 2001 (49 U.S.C. 40101 note) estab- tion. It also allowed victims to opt-out those homes were swept away. This lishes a Federal cause of action in the United will save lives. States District Court for the Southern Dis- of the fund and seek relief in court. So I commend CJ Martin’s mother. trict of New York as the exclusive remedy The bill limited jurisdiction over any That’s what America is about, someone for damages arising out of the hijacking and civil litigation to the United States saying I lost my son but I don’t want it subsequent crash of American Airlines District Court for the Southern Dis- to happen again. It is about the flights 11 and 77, and United Airlines flights trict of New York. Crowder family who wrote me a letter, 93 and 175, on September 11, 2001. An unintended consequence of our ac- (2) Rules 45(b)(2) and 45(c)(3)(A)(ii) of the tions, under operation of the Federal a grandmother saying please push this Federal Rules of Civil Procedure effectively bill. Rules of Civil Procedure, was that sub- limit service of a subpoena to any place poena power to secure testimony or We will never go back and know within, or within 100 miles of, the district of whether CJ could have survived had the court by which it is issued, unless a stat- documents from nonparty witnesses to this legislation been passed. We will ute of the United States expressly provides any litigation has generally been lim- never know whether Wesley Crowder that the court, upon proper application and ited to persons and documents located and his father would survive, but we do cause shown, may authorize the service of a within 100 miles of the Southern Dis- know by talking to people throughout subpoena at any other place. trict of New York. (3) Litigating a Federal cause of action the United States that these radios The law we passed in 2001 did not under the September 11 Victims Compensa- take this 100-mile rule into account. have in many, many cases already tion Fund of 2001 is likely to involve the tes- saved lives and will save lives if we in- Unfortunately, many of the events rel- timony and the production of other docu- evant to the September 11 tragedy oc- stall them in manufactured housing. ments and tangible things by a substantial curred in Boston, where American Air- b 1430 number of witnesses, many of whom may not reside, be employed, or regularly transact lines Flight 11 and United Airlines We have a shot at significantly re- business in, or within 100 miles of, the Flight 175 originated, and in the Wash- ducing over half the deaths from tor- Southern District of New York. ington, DC, area where the Pentagon is

VerDate Aug 31 2005 03:40 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\H30OC7.REC H30OC7 mmaher on MIKETEMP with CONG-REC-ONLINE H12192 CONGRESSIONAL RECORD — HOUSE October 30, 2007 located and where American Airlines suing airline companies, airport secu- title implies, ensures fairness for the Flight 77 originated. Both of these lo- rity firms, airport authorities, and victims of the terrorist attacks by cor- cations are far outside the 100-mile other defendants. The litigation fo- recting a shortcoming in the Federal limit from the Southern District of cuses on events in New York; Wash- Rules of Civil Procedure and by revers- New York. ington, DC; Boston Logan Airport; and ing an unintended consequence of the The bill before the House today other areas around the country. bill that established the September 11 would remedy this problem by pro- In most civil litigation brought in Victim Compensation Fund. viding for nationwide subpoena service Federal court, rule 45, mentioned by Although I was not yet in Congress, for all parties in the litigation, vic- my colleague from New York, of the many of my colleagues who were here tims, victims’ families and defendants, Federal Rules of Civil Procedure limits at that time will recall when this body to ensure that all parties involved have the service of trial subpoenas to passed the bill creating the compensa- an opportunity to obtain the witnesses nonparty witnesses to the district and tion fund in 2001. and evidence they need to obtain a fair State where the case was filed ‘‘or at Shortly thereafter, the Justice De- hearing. That was Congress’ intent, any place without the district that is partment administered how the fund and we should not allow the unin- within 100 miles of the place of trial.’’ could allow victims of the terrorist attended interplay between the 9/11 legis- This limitation precludes the issuance tacks or their families to apply for fi- lation and the Federal Rules of Civil of some subpoenas in the 9/11 litiga- nancial assistance following the loss of Procedure to undermine that legislation. loved ones who perished on that tragic tive purpose. However, rule 45 also states, Mr. day. The bill also makes clear that the ex- Speaker, that service may take place The Justice Department also des- isting power of the Federal court under elsewhere pursuant to another Federal ignated the Southern District of New rule 45(c) to quash or modify a sub- statute. For example, Congress allows York as the only court in which 9/11 poena in order to protect a subpoenaed for nationwide service under the False claims could be litigated if victims and person from undue hardship or expense Claims Act, under the Veterans Bene- their families chose to opt out of the is maintained. That is the current rule, fits Act, and under the Civil RICO stat- fund. As a result of this designation and a and the bill makes it clear that this ute. flaw in the Federal Rules of Civil Pro- important protection for witnesses will If this nationwide service feature is cedure, families of the victims, as well remain. not extended to the 9/11 victims com- as the defendants in the 9/11 cases, can- Congress has previously approved na- pensation law, a number of important tionwide subpoena power in other con- not gain access to testimony or docu- witnesses will not be able to testify in texts. For example, nationwide sub- ments from witnesses who did not live person during the litigation. within 100 miles of the Southern Dis- poena power is available under the There are alternatives to S. 2106, False Claims Act, the Veterans Benefit trict of New York. such as conducting pretrial, nonparty But there’s really no logical reason Act and the Civil RICO statute. depositions around the country or This bill has bipartisan support. It why victims and their families should videoconferencing, but they might passed the Senate by unanimous con- be prevented from securing documents prove costly. They’re more likely to sent in committee and on the Senate and witnesses just because they happen deny the jury the benefit of live, first- floor. The House version, which is sub- to be more than 100 miles outside the hand testimony. stantively identical to the Senate Southern District. Mr. Speaker, the bill applies equally version, was reported by the House Ju- It is obvious that many of the vic- to plaintiffs and defendants. The legis- diciary Committee by voice vote. tims aboard the four airliners that Six years ago, Mr. Speaker, Congress lation promotes justice that is based crashed and those who were killed in- and the Nation came together to pro- on Federal precedent in other areas of side the World Trade Center and at the vide prompt and equitable assistance law. Pentagon, as well as those who wit- On this subject matter in this par- for September 11 victims. I urge my nessed these horrific events, resided ticular case, I agree with my colleague. colleagues to ensure that the laudable well outside of this 100-mile radius of This is a piece of legislation that did goals of that effort are not frustrated the Southern District of New York. pass out of the full Judiciary Com- by the unintended effect of the Federal And it should be assumed that many mittee by voice vote, without any dis- Rules of Civil Procedure in this par- of the families of the victims who are cernible opposition, something that ticular case. involved in the 9/11 claims, or those I urge the adoption of this measure. brings us together here in this Con- who will seek compensation at a later Mr. Speaker, I reserve the balance of gress, and I urge adoption. date, as well as the witnesses, still live my time. Mr. Speaker, I reserve the balance of in the same locations across the coun- Mr. KING of Iowa. Mr. Speaker, I my time. try. Therefore, geography simply yield myself as much time as I may Mr. NADLER. I would add, it’s some- should have no role in how they seek consume. what rare in the Judiciary Committee, compensation. Mr. Speaker, I support S. 2106, the as my colleague knows. In response to this problem, this bill Procedural Fairness for September 11 Mr. Speaker, I now yield 5 minutes to amends the Air Transportation Safety Victims Act of 2007. the gentleman from New York (Mr. and System Stabilization Act to pro- In the wake of the 9/11 terrorist at- BISHOP). vide for nationwide subpoena power to tacks, Congress created an operational Mr. BISHOP of New York. I thank all parties involved, victims, their fam- alternative compensation program for my colleague from New York for yield- ilies and the defendants, when liti- victims killed or injured during the ating. gating 9/11 claims. tacks. On behalf of my colleagues of New Simply put, this bill establishes a This statute mandates that liability York’s congressional delegation, and as full measure of justice by allowing sub- for all claims resulting from the 9/11 one who represents families of the first poenas to be served anywhere in the attacks is limited to an amount no responders and victims of the Sep- country, ensuring that all the parties greater than the limits of liability cov- tember 11 terrorist attacks, I’m proud involved in the 9/11 suits can gain all of erage maintained by the air carriers in- to rise as the sponsor of the House the information necessary to try these volved. companion to this important legisla- cases fully and fairly. The statute further provides that tion. My colleagues on both sides of the compensation may only be obtained I also wish to thank my 11 cosponsors aisle can agree that justice requires pursuant to a Federal cause of action and the distinguished chairman of the that all the parties to cases arising brought in U.S. District Court for the Judiciary Committee, Mr. CONYERS, as under the Victims Compensation Fund Southern District of New York, where well as the Democratic leadership for have access to all the testimony and a consolidated action is already pend- expediting the consideration of this documents relevant to their claims, re- ing. bill. gardless of where the witnesses or doc- Representatives of several pas- The Procedural Fairness for Sep- uments are located in the United sengers, ground victims and others are tember 11 Victims Act of 2007, as its States.

VerDate Aug 31 2005 03:40 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\H30OC7.REC H30OC7 mmaher on MIKETEMP with CONG-REC-ONLINE October 30, 2007 CONGRESSIONAL RECORD — HOUSE H12193 Therefore, Mr. Speaker, I encourage wide subpoena power to all the parties in- dated action, In re September 11 Litigation, in my colleagues to support the Proce- volved in litigating 9/11 claims. The 9/11 at- which representatives of a number of pas- dural Fairness for September 11 Vic- tacks were an attack on the whole country. It sengers and ground victims (including claims tims Act of 2007. Once again, I want to was a tragedy that greatly affected us all. brought by those who came to the World thank the Judiciary Committee for re- There’s no reason why victims should be pre- Trade Center disaster site to assist with the porting this measure to the floor so vented from obtaining possibly vital evidence, debris removal effort following the attacks), as promptly, and I thank the leadership just because it happens to be outside the ju- well as an array of parties suing for property for moving it. risdiction’s direct subpoena power. damage and consequential economic loss are Mr. KING of Iowa. Mr. Speaker, I Ms. JACKSON-LEE of Texas. Mr. Speaker, seeking recovery from a group of defendants yield myself so much time as I may I rise today in support of S. 2106, the Senate including airline companies, airport security consume. I just conclude with some of companion to H.R. 3921, the ‘‘Procedural Fair- firms, airport authorities, the Boeing Corpora- the time that I yield to myself, and I ness for September 11th Victims Act of 2007.’’ tion and others. will do so briefly. Sometimes we put a This legislation amends the Air Transportation This litigation focuses not only on the events lot of words into our dialogue here, and Safety and System Stabilization Act to allow that occurred at the Twin Towers in Manhattan I just wanted to put it into the simple those September 11th victims and their fami- but also hundreds of miles away at Washing- words. lies who opted out of receiving compensation ton’s Dulles Airport, Boston’s Logan Airport This bill says a subpoena may be through the September 11th Victims Com- and various other locations around the Nation, served at any place in the United pensation Fund to have nation-wide subpoena including the headquarters for each of the var- States with regard to this Act. Very power when litigating September 11th claims. ious airlines and security companies. It has It is necessary to make this change because simple. It’s something that I do believe become clear that in order for the September presently all parties involved in litigating Sep- provides a better opportunity for jus- 11th victims, their families, and the defendants tember 11th claims—victims, victims’ families tice and equity for those who are in- to have access to all the evidence relevant to and defendants—must do so in the U.S. Dis- volved in a cause of action on this 9/11 the case, it is necessary to make available at trict Court for the Southern District of New victims compensation, and so I urge trial non-party witnesses from Massachusetts, York. The problem occurs because under the adoption of this bill. Virginia, and elsewhere. The legislation before Federal Rules of Civil Procedure, no party Mr. Speaker, I yield back the balance us accomplishes this limited objective. may compel testimony or documents from of my time. H.R. 3921 is non-controversial, bipartisan non-party witnesses who do not live within 100 Mr. NADLER. Mr. Speaker, I yield and bicameral. There has been no opposition miles of the Southern District of New York. myself such time as I may consume. to the bill from any interested sectors. the leg- This bill would provide for nation-wide sub- Mr. Speaker, the complicated debate islation is identical to S. 2106, which was in- poena power for all parties. The court how- over this bill is not so complicated. It’s troduced by Senator BIDEN of Delaware on ever, would retain its authority to modify or a very simple bill, as you heard. September 27, 2007 and passed by unani- There’s unanimous agreement on it. It quash any subpoena that it determined to be too burdensome. mous consent in the Judiciary Committee and ought to pass. I thank the leadership. I the full Senate the following day. That bill was thank the leadership and the minority Mr. Speaker, within 11 days of the Sep- tember 11th attacks, Congress drafted, de- referred to the House Judiciary Committee as leadership on the Judiciary Committee the sole referral. Mr. Speaker, for the reasons for expediting the bill to where it is bated, adopted and signed into law the Air Transportation Safety and Systems Stabiliza- stated, I strongly support H.R. 3921 and urge now. I urge my colleagues to support my colleagues to join me in voting for this this legislation. tion Act (ATSSSA), 49 U.S.C. Section 40101. Among other things, this legislation included wise and beneficial legislation. S. 2106 assistance to the airline industry and created Mr. NADLER. Mr. Speaker, I yield Mr. HALL of New York. I am very pleased an optional alternative compensation program back the balance of my time. that today the House passed S. 2106, the Pro- for individual victims killed or injured by the The SPEAKER pro tempore. The cedural Fairness for September 11 Victims events of September 11th (the September question is on the motion offered by Act. This bill is the Senate companion to an 11th Compensation Fund). The United States the gentleman from New York (Mr. important piece of legislation I sponsored District Court for the Southern District of New NADLER) that the House suspend the along with my good friend Representative TIM York was designated as the only court with rules and pass the Senate bill, S. 2106. BISHOP of Long Island. ‘‘original and exclusive jurisdiction over all ac- The question was taken; and (two- To start off I’d like to thank Mr. BISHOP for tions brought’’ arising out of the attacks of thirds being in the affirmative) the introducing this important bill in the House, September 11th. The objective was to consoli- rules were suspended and the Senate and Mr. BIDEN for introducing it in the Senate. date all litigation arising out of September 11th bill was passed. This is a simple bill, but a vital one to the peo- events in one location before a single court A motion to reconsider was laid on ple who it will affect, and I applaud both gen- that could adjudicate all the claims in a thor- the table. tlemen for calling it to my attention, and that ough, efficient, equitable and fair proceeding. f of the Congress as a whole. Given the justifiable interest of Congress in b 1445 Shortly after the 9/11 attacks, Congress expediting assistance to the airline industry passed legislation to the effect that those vic- and creating a mechanism to provide com- THIRD HIGHER EDUCATION tims and families of victims seeking legal re- pensation to the persons who bore the brunt EXTENSION ACT OF 2007 dress as a result of the events of 9/11 may do of the national trauma occurring on September Mr. YARMUTH. Mr. Speaker, I move so only in the federal court in the Southern 11th, it is understandable that the Congress to suspend the rules and pass the Sen- District of New York. However, under the Fed- did not give due regard to Federal Rule of ate bill (S. 2258) to temporarily extend eral /Rules of Civil Procedure, parties can only Civil Procedure 45, which provides for service the programs under the Higher Edu- issue subpoenas for testimony and documents of trial subpoena to non-party witnesses in the cation Act of 1965, to amend the defini- located within 100 miles of the District. This district or State where the case was filed or tion of an eligible not-for-profit holder, means that a significant percentage of evi- anyplace within 100 miles of the district that and for other purposes. dence that might be relevant to the case is the court proceedings will take place (the ‘‘100 The Clerk read the title of the Senate unobtainable to the participants only because mile bulge’’). bill. it is not located within the New York City met- The upshot, Mr. Speaker, is that in the ab- The text of the Senate bill is as fol- ropolitan area. sence of this minor change, subpoenas would lows: When Congress mandated that only one be limited to within 100 miles of the Southern S. 2258 specific court could hear lawsuits from those District of New York (within 100 miles of Man- Be it enacted by the Senate and House of Rep- people who opted out of the 9/11 Compensa- hattan) and could not reach the geographically resentatives of the United States of America in tion Fund, no one foresaw that the decision significant and relevant locales of Boston, Congress assembled, would prove to be a barrier for those people Massachusetts (from where flights American SECTION 1. SHORT TITLE. who seek evidence from outside the jurisdic- Airlines 11 and United Airlines 175 originated) This Act may be cited as the ‘‘Third High- tion of this court. But there is no alternative as and Washington Dulles Airport (from where er Education Extension Act of 2007’’. to where they can bring suit. American Airlines flight 77 originated). SEC. 2. EXTENSION OF PROGRAMS. I am proud to support this bill because it Pending before the District Court for the Section 2(a) of the Higher Education Ex- fixes this unintended flaw by providing nation- Southern District of New York is the consoli- tension Act of 2005 (Public Law 109–81; 20

VerDate Aug 31 2005 03:40 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\H30OC7.REC H30OC7 mmaher on MIKETEMP with CONG-REC-ONLINE H12194 CONGRESSIONAL RECORD — HOUSE October 30, 2007 U.S.C. 1001 note) is amended by striking ‘‘Oc- entity is the sole beneficial owner of such ensure the designation of a nonprofit tober 31, 2007’’ and inserting ‘‘March 31, loan and the income from such loan; or lender will go to those that Congress 2008’’. ‘‘(ii) such trustee holds the loan on behalf intended. SEC. 3. RULE OF CONSTRUCTION. of a State, political subdivision, authority, During this Congress we have made Nothing in this Act, or in the Higher Edu- agency, instrumentality, or other entity described in subparagraph (A), (B), or (C) of significant commitments to our Na- cation Extension Act of 2005 as amended by tion’s students and families by putting this Act, shall be construed to limit or oth- paragraph (1), regardless of whether such erwise alter the authorizations of appropria- State, political subdivision, authority, agen- resources in the hands of those most in tions for, or the durations of, programs con- cy, instrumentality, or other entity is an eli- need. H.R. 2669, as passed and signed by tained in the amendments made by the High- gible lender under subsection (d), and such the President, does more to help Amer- er Education Reconciliation Act of 2005 (Pub- State, political subdivision, authority, agen- icans pay for college than any effort lic Law 109–171) or by the College Cost Re- cy, instrumentality, or other entity is the since the GI Bill at no new cost to tax- duction and Access Act (Public Law 110–84) sole beneficial owner of such loan and the in- payers. to the provisions of the Higher Education come from such loan.’’; Specifically, the legislation provided (E) in subparagraph (D), by striking ‘‘an Act of 1965 and the Taxpayer-Teacher Pro- a landmark investment of $20 million tection Act of 2004. entity described in described in paragraph in additional funding for Pell Grants, SEC. 4. DEFINITION OF ELIGIBLE NOT-FOR-PROF- (1)(A), (B), or (C)’’ and inserting ‘‘a State, po- IT HOLDER. litical subdivision, authority, agency, instru- reductions in the interest rate on stu- Section 435(p) of the Higher Education Act mentality, or other entity described in sub- dent loans, and the creation of proof 1965 (20 U.S.C. 1085(p)) is amended — paragraph (A), (B), or (C) of paragraph (1), re- grams to help students manage debt, as (1) in paragraph (1), by striking subpara- gardless of whether such State, political sub- well as encourage individuals to pursue graph (D) and inserting the following: division, authority, agency, instrumentality, public service. ‘‘(D) acting as a trustee on behalf of a or other entity is an eligible lender under Providing this critical funding is a State, political subdivision, authority, agen- subsection (d),’’; and (F) by amending subparagraph (E) to read large part of our efforts to increase ac- cy, instrumentality, or other entity de- cess on affordability to higher edu- scribed in subparagraph (A), (B), or (C), reas follows: gardless of whether such State, political sub- ‘‘(E) RULE OF CONSTRUCTION.—For purposes cation. The next step is to work on division, authority, agency, instrumentality, of subparagraphs (A), (B), (C), and (D) of this policies that further support access and or other entity is an eligible lender under paragraph, a State, political subdivision, au- affordability, such as campus-based subsection (d).’’; and thority, agency, instrumentality, or other aid, TRIO, GEAR-UP, teacher edu- (2) in paragraph (2)— entity described in subparagraph (A), (B), or cation and the other programs that (A) in subparagraph (A)(i), by striking sub- (C) of paragraph (1), regardless of whether make up the Higher Education Act. clause (II) and inserting the following: such State, political subdivision, authority, agency, instrumentality, or other entity is Additionally, we realize that millions ‘‘(II) is acting as a trustee on behalf of a of Americans are deeply worried about State, political subdivision, authority, agen- an eligible lender under subsection (d), shall cy, instrumentality, or other entity de- not— whether they can afford to send their scribed in subparagraph (A), (B), or (C) of ‘‘(i) be deemed to be owned or controlled, kids to college or how they will be able paragraph (1), regardless of whether such in whole or in part, by a for-profit entity; or to pay the bills while also paying off State, political subdivision, authority, agen- ‘‘(ii) lose its status as the sole owner of a substantial student loan debt. Looking cy, instrumentality, or other entity is an eli- beneficial interest in a loan and the income at how the Federal Government can as- gible lender under subsection (d), and such from a loan, sist in addressing the rising cost of col- State, political subdivision, authority, agen- by such State, political subdivision, author- lege will also be a key part of the reau- cy, instrumentality, or other entity, on the ity, agency, instrumentality, or other enti- thorization of the Higher Education date of enactment of the College Cost Reduc- ty, or by the trustee described in paragraph tion and Access Act, was the sole beneficial (1)(D), granting a security interest in, or oth- Act. owner of a loan eligible for any special al- erwise pledging as collateral, such loan, or I look forward to working with lowance payment under section 438.’’; the income from such loan, to secure a debt Chairman MILLER and the other mem- (B) in subparagraph (A)(ii), by inserting obligation for which such State, political bers of the committee to complete ‘‘of’’ after ‘‘waive the requirements’’; subdivision, authority, agency, instrumen- work on the Higher Education Act. (C) by amending subparagraph (B) to read tality, or other entity is the issuer of the Mr. Speaker, I reserve the balance of as follows: debt obligation.’’. my time. ‘‘(B) NO FOR-PROFIT OWNERSHIP OR CON- The SPEAKER pro tempore. Pursu- Mr. MCKEON. Mr. Speaker, I yield TROL.— ant to the rule, the gentleman from myself such time as I may consume. ‘‘(i) IN GENERAL.—No State, political sub- Mr. Speaker, the House began this division, authority, agency, instrumentality, Kentucky (Mr. YARMUTH) and the gen- or other entity described in paragraph (1)(A), tleman from California (Mr. MCKEON) exercise last week granting a tem- (B), or (C) shall be an eligible not-for-profit each will control 20 minutes. porary extension of programs under the holder under this Act if such State, political The Chair recognizes the gentleman Higher Education Act. We did the same subdivision, authority, agency, instrumen- from Kentucky. thing in July of this year and in June, tality, or other entity is owned or con- GENERAL LEAVE and we did it a half dozen times before trolled, in whole or in part, by a for-profit Mr. YARMUTH. Mr. Speaker, I re- that. For the most part, these exten- entity. quest 5 legislative days during which sions have been clean, simply main- ‘‘(ii) TRUSTEES.—A trustee described in taining current law. Unfortunately, paragraph (1)(D) shall not be an eligible not- Members may insert material relevant for-profit holder under this Act with respect to S. 2258 into the RECORD. they are now becoming more com- to a State, political subdivision, authority, The SPEAKER pro tempore. Is there plicated. agency, instrumentality, or other entity de- objection to the request of the gen- Earlier this year, Congress passed a scribed in subparagraph (A), (B), or (C) of tleman from Kentucky? package of student aid reforms cloaked paragraph (1), regardless of whether such There was no objection. in the guise of a budget reconciliation State, political subdivision, authority, agen- Mr. YARMUTH. Mr. Speaker, I yield bill. Instead of moving through regular cy, instrumentality, or other entity is an eli- myself such time as I may consume. order, the new majority took a short- gible lender under subsection (d), if such (Mr. YARMUTH asked and was given cut. That shortcut has cost us dearly. State, political subdivision, authority, agency, instrumentality, or other entity is owned permission to revise and extend his re- Budget reconciliation bills have strict or controlled, in whole or in part, by a for- marks.) limitations designed to prevent them profit entity.’’; Mr. YARMUTH. Mr. Speaker, I rise from being abused as a tool to enact (D) by amending subparagraph (C) to read in support of S. 2258, a bill to extend policy, rather than budgetary reform. as follows: programs under the Higher Education Judging by this year’s bill, those ‘‘(C) SOLE OWNERSHIP OF LOANS AND IN- Extension Act of 1965. rules are not strict enough. Nonethe- COME.—No State, political subdivision, au- In addition to extending the current less, the budget reconciliation process thority, agency, instrumentality, trustee, or programs under the Higher Education chosen by the majority prevented us other entity described in paragraph (1)(A), Act for 5 months until March 31, 2009, from including fundamental reforms to (B), (C), or (D) shall be an eligible not-for- profit holder under this Act with respect to the bill also makes a necessary tech- the bulk of the Higher Education Act. any loan, or income from any loan, unless— nical correction to the College Cost Re- A few weeks ago, committee Repub- ‘‘(i) such State, political subdivision, au- duction and Access Act with respect to licans introduced H.R. 3746, the College thority, agency, instrumentality, or other nonprofit lenders. This language will Access and Opportunity Act of 2007.

VerDate Aug 31 2005 03:40 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\H30OC7.REC H30OC7 mmaher on MIKETEMP with CONG-REC-ONLINE October 30, 2007 CONGRESSIONAL RECORD — HOUSE H12195 This bill is an updated version of the rules were suspended and the Senate Missouri (Mr. CLAY) and the gentleman reauthorization bill that passed the bill was passed. from Tennessee (Mr. DUNCAN) each will House last Congress. H.R. 3746 would A motion to reconsider was laid on control 20 minutes. strengthen the Pell Grant program, the table. The Chair recognizes the gentleman empower parents and students through f from Missouri. ‘‘sunshine’’ and transparency and col- GENERAL LEAVE REREFERRAL OF H.R. 2744, AIR- lege costs and accreditation, improve Mr. CLAY. Mr. Speaker, I ask unani- LINE FLIGHT CREW TECHNICAL college access programs and much mous consent that all Members may CORRECTIONS ACT more. Unfortunately, the House has have 5 legislative days within which to yet to act on comprehensive reforms. Mr. YARMUTH. Mr. Speaker, I ask revise and extend their remarks. The budget bill enacted earlier this unanimous consent that the Commit- The SPEAKER pro tempore. Is there year was a missed opportunity of epic tees on Education and Labor, House objection to the request of the gen- proportions. But worse than that, it Administration and Oversight and Gov- tleman from Missouri? was a classic example of how a secre- ernment Reform be discharged from There was no objection. tive rushed legislative process can further consideration of the bill (H.R. Mr. CLAY. Mr. Speaker, as a sponsor produce harmful unintended con- 2744) to amend the Family and Medical of H.R. 1236, the bill would make per- sequences. Leave Act of 1993 to clarify the eligi- manent the breast cancer research In rushing to the floor with the rec- bility requirements with respect to air- stamp, which first went on sale on July onciliation bill, Democrats made mis- line flight crews, and that the bill be 29, 1998. takes. Several provisions included in rereferred to the Committee on Edu- After several discussions with the the reconciliation bill need to be fixed cation and Labor. Postal Service, I offered an amendment so that everyone is treated fairly under The SPEAKER pro tempore. Is there in the nature of a substitute to H.R. the law and the law can be imple- objection to the request of the gen- 1236 during the Subcommittee on Fed- mented as Congress intended. Addition- tleman from Kentucky? eral Workforce, Postal Service and the ally, the Department of Education has There was no objection. District of Columbia markup on Sep- already reached out to Congress to dis- f tember 18, 2007. cuss one of the new grant programs, The amendment retained the Postal which they see as near to impossible to PERMISSION FOR MEMBER TO BE Service’s flexibility by reauthorizing implement as written. CONSIDERED AS FIRST SPONSOR the breast cancer stamp for an addi- Had Congress had time to con- OF H.R. 866 tional 4 years and strengthens the template the impact of the provisions Mr. MCKEON. Mr. Speaker, I ask bill’s reporting requirements. The new in the new programs, we may have unanimous consent that I may here- reporting requirements would assess been able to avoid all the confusion after be considered to be the first spon- the breast cancer stamp’s effectiveness that now must be corrected. Today, in sor of H.R. 866, a bill originally intro- and appropriateness and the cost to the addition to extending these programs, duced by Representative Norwood of Postal Service for administering the we are being forced to fix mistakes Georgia, for the purposes of adding co- program to find a cure for breast can- made by the flawed budget reconcili- sponsors and requesting reprintings cer. ation bill. Some of these mistakes can pursuant to clause 7 of rule XII. The amendment was agreed to by be corrected because the Department of The SPEAKER pro tempore. Is there voice vote. H.R. 1236, as amended, was Education has yet to act on them, de- objection to the request of the gen- reported from the Oversight Com- spite the October 1 implementation tleman from California? mittee on September 20, 2007, by a date. Other legislative errors have al- There was no objection. voice vote. ready been implemented by the Depart- In America, breast cancer is reported ment of Education, rendering a correc- f as the second leading cause of cancer tion costly, if not impossible. MAKING PERMANENT THE AU- deaths among women after lung can- Already our hands are tied, and we THORITY TO ISSUE SPECIAL cer. The American Cancer Society esti- are unable to fairly and fully correct POSTAGE STAMP TO SUPPORT mated 178,480 women will be diagnosed the problems created through rec- BREAST CANCER RESEARCH onciliation. Rather than repeat this this year with invasive breast cancer. Mr. CLAY. Mr. Speaker, I move to rushed process again, I hope that we In the U.S., approximately 40,000 will suspend the rules and pass the bill will move forward with the Higher die. (H.R. 1236) to make permanent the au- Education Act reauthorization in a bi- The Postal Service has sold over 785.6 thority of the United States Postal partisan and thoughtful manner. million breast cancer research stamps I look forward to working with Service to issue a special postage from which $54.626 million have been stamp to support breast cancer re- Chairmen MILLER and HINOJOSA and transferred to the National Institutes search, as amended. Ranking Member KELLER, and all of of Health and DOD for breast cancer re- my colleagues on the Education and The Clerk read the title of the bill. search and awareness. Labor Committee, in completing our The text of the bill is as follows: I encourage my colleagues to support work in the coming months. H.R. 1236 H.R. 1236 and urge the swift passage of In the meantime, however, I urge my Be it enacted by the Senate and House of Rep- this bill. colleagues to join me in supporting resentatives of the United States of America in Mr. Speaker, I reserve the balance of this extension. Congress assembled, my time. Mr. Speaker, I yield back the balance SECTION 1. EXTENSION OF AUTHORITY. Mr. DUNCAN. Mr. Speaker, I yield of my time. Section 414(h) of title 39, United States myself such time as I may consume. Mr. YARMUTH. Mr. Speaker, I will Code, is amended by striking ‘‘2007’’ and in- First of all, I want to commend my close by once again strongly encour- serting ‘‘2011’’. good friend, the gentleman from Mis- aging my colleagues to support this SEC. 2. REPORTING REQUIREMENTS. souri (Mr. CLAY), for his remarks and important legislation, thanking the The National Institutes of Health and the his work on this legislation. Department of Defense shall each submit to I rise today to urge passage of H.R. distinguished ranking member of the Congress and the Government Account- Education and Labor Committee. 1236, to extend the authority of the ability Office an annual report concerning U.S. Postal Service to issue a stamp to Mr. Speaker I yield back the balance the use of any amounts that it received of my time. under section 414(c) of title 39, United States support breast cancer research. The SPEAKER pro tempore. The Code, including a description of any signifi- Those of us in Congress received a question is on the motion offered by cant advances or accomplishments, during tragic reminder of the need for contin- the gentleman from Kentucky (Mr. the year covered by the report, that were ued research into this disease with the YARMUTH) that the House suspend the funded, in whole or in part, with such passing of our beloved colleague, Jo rules and pass the Senate bill, S. 2258. amounts. Ann Davis; and we thank the majority, The question was taken; and (two- The SPEAKER pro tempore. Pursu- in particular Mr. CLAY, for taking the thirds being in the affirmative) the ant to the rule, the gentleman from opportunity to honor her memory.

VerDate Aug 31 2005 03:40 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\H30OC7.REC H30OC7 mmaher on MIKETEMP with CONG-REC-ONLINE H12196 CONGRESSIONAL RECORD — HOUSE October 30, 2007 Nearly 180,000 people, mostly, but not Ann Davis. Jo Ann’s courageous battle from Tennessee (Mr. DUNCAN) each will all, women, will learn that they have with breast cancer further inspires us control 20 minutes. invasive breast cancer this year alone. to expand efforts to secure more re- The Chair recognizes the gentleman About 40,000 people will die from this search dollars and find a cure for this from Missouri. disease. Women who are white and over devastating disease. GENERAL LEAVE the age of 40 are more likely to suffer I commend everyone who has cham- Mr. CLAY. Mr. Speaker, I ask unani- from breast cancer, but its victims run pioned this issue in Congress, including mous consent that all Members may the gamut of age, race and socio- former Representative Vic Fazio for in- have 5 legislative days in which to re- economic background. We have made troducing the first Breast Cancer Re- vise and extend their remarks. some progress in recent years thanks search Stamp Act in 1996, and Senator The SPEAKER pro tempore. Is there to early detection and increased aware- DIANNE FEINSTEIN, Representative JOE objection to the request of the gen- ness and availability of mammograms. BACA and the late Juanita Millender tleman from Missouri? But in the past 3 years, both mam- McDonald who pioneered the idea of a There was no objection. mograms and incidence of breast can- permanent breast cancer stamp, re- Mr. CLAY. Mr. Speaker, as a Member cer have decreased. This doesn’t mean search stamp in 2001. And I ask my col- of the House Committee on Oversight things are getting better. It means leagues to support the passage of H.R. and Government Reform, I am pleased ominously and unfortunately that 1236. to join my colleague in the consider- fewer cases are being detected. Mr. Speaker, I reserve the balance of ation of H.R. 3307, which names a post- As I am sure Jo Ann Davis would tell my time. al facility in Bayonne, New Jersey, us if she were still with us here today, Mr. DUNCAN. Mr. Speaker, I have no after Dennis P. Collins. early detection, early treatment, con- additional speakers, and I urge passage H.R. 3307, which was introduced by stant vigilance and public awareness of this legislation. Representative ALBIO SIRES on August are key to putting this disease in its I yield back the balance of my time. 1, 2007, was reported from the Oversight place. For example, incidence rates of Mr. CLAY. Mr. Speaker, I have no ad- Committee on September 20 of 2007 by both invasive and in-situ breast cancer ditional speakers, and I urge my col- voice vote. This measure has the sup- rise and fall with the percentage of leagues to vote in favor of this worth- port of the entire New Jersey congres- women who receive mammograms. while effort. sional delegation. After two decades of progress, both I yield back my time. Mr. Speaker, Dennis P. Collins was a the use of mammograms and the rates The SPEAKER pro tempore (Mr. veteran of World War II and served in of detection have begun to slip in re- SALAZAR). The question is on the mo- the U.S. Army for 3 years. In 1974, the cent years. As early detection in- tion offered by the gentleman from people of Bayonne, recognizing Mr. creased, so did survival rates; but they Missouri (Mr. CLAY) that the House Collins’s abilities and his love for the will fall, too, if we can’t improve public suspend the rules and pass the bill, community, elected him as mayor awareness of the importance of early H.R. 1236, as amended. when Mayor Fitzpatrick decided not to detection. The question was taken; and (two- run for another term. He was re-elected That’s where the measure that is be- thirds being in the affirmative) the in 1978, 1982 and in 1986. He served for 16 fore us comes in. This bill would reau- rules were suspended and the bill, as consecutive years. thorize the Postal Service to issue the amended, was passed. In 1990, Mr. Collins retired as mayor, 55-cent stamp for first class mail, with The title was amended so as to read: but remains active in public life. He re- 14 cents of each stamp going to breast ‘‘A Bill to amend title 39, United ceived numerous awards and honors for cancer research and awareness pro- States Code, to extend the authority of his years of public service. grams for an additional 4 years. Since the United States Postal Service to Mr. Speaker, I commend my col- the program began in 1998, the Postal issue a semipostal to raise funds for league, Representative ALBIO SIRES, for Service has sold more than 785 million breast cancer research.’’. introducing this legislation, and urge of these stamps and raised $54.6 million A motion to reconsider was laid on the swift passage of the bill. for breast cancer research. the table. Mr. Speaker, I reserve the balance of This disease preys on women such as f my time. Jo Ann Davis and on so many others, Mr. DUNCAN. Mr. Speaker, I yield DENNIS P. COLLINS POST OFFICE women on whom others have come to myself such time as I may consume. BUILDING depend. They are mothers, grand- I rise today to join my fellow Mem- mothers, business owners, teachers, re- Mr. CLAY. Mr. Speaker, I move to bers of Congress in recognizing Dennis searchers, even Members of this great suspend the rules and pass the bill Collins and his extraordinary contribu- body. We need these women and the in- (H.R. 3307) to designate the facility of tions to Bayonne, New Jersey. Fortu- valuable contributions they make to the United States Postal Service lo- nately for Bayonne, Mr. Collins missed our life and society. We need this meas- cated at 570 Broadway in Bayonne, New his trip on the Titanic to visit family ure to help save their lives. Jersey, as the ‘‘Dennis P. Collins Post members back in Ireland. If it were not I have had the privilege of attending Office Building’’. for this fortunate coincidence, the rest every single Race for the Cure for the The Clerk read the title of the bill. of Mr. Collins’s biography most likely past 11 years, every single one that has The text of the bill is as follows: would not be possible. been held in my hometown of Knox- H.R. 3307 Mr. Collins was born and raised in ville. Be it enacted by the Senate and House of Rep- Bayonne, where he attended St. Vin- cent De Paul Grammar School and the b 1500 resentatives of the United States of America in Congress assembled, Holy Family Academy. As a young This is a very worthwhile cause that SECTION 1. DENNIS P. COLLINS POST OFFICE man, he served in World War II, includ- I am sure all of our colleagues on both BUILDING. ing time in the China-Burma-India the- sides of the aisle can support very en- (a) DESIGNATION.—The facility of the ater of operations. Upon his return, he thusiastically. United States Postal Service located at 570 went to work for Tidewater Oil Com- Mr. Speaker, I reserve the balance of Broadway in Bayonne, New Jersey, shall be pany, General Motors, Edward F. Clark my time. known and designated as the ‘‘Dennis P. Col- Real Estate and Insurance Agency, and lins Post Office Building’’. Mr. CLAY. Mr. Speaker, let me (b) REFERENCES.—Any reference in a law, Bayonne Water and Sewer Utility. thank the gentleman from Tennessee map, regulation, document, paper, or other Ultimately, it was his interest in the (Mr. DUNCAN), my friend, who is cer- record of the United States to the facility re- community that led Mr. Collins to seek tainly committed to this cause and ferred to in subsection (a) shall be deemed to political office. In 1962, Mr. Collins was who has joined with me in what I think be a reference to the ‘‘Dennis P. Collins Post elected to his first of three terms on is a worthwhile cause for the people of Office Building’’. the municipal council, two of which he this country. The SPEAKER pro tempore. Pursu- served as council president. In 1974, he I also want to dedicate H.R. 1236 in ant to the rule, the gentleman from was elected to serve as mayor of the memory of the late Congresswoman Jo Missouri (Mr. CLAY) and the gentleman City of Bayonne. His popularity in the

VerDate Aug 31 2005 03:40 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\H30OC7.REC H30OC7 mmaher on MIKETEMP with CONG-REC-ONLINE October 30, 2007 CONGRESSIONAL RECORD — HOUSE H12197 community was so immense that he The SPEAKER pro tempore. The Michigan, for 23 years. In June 1970 he served for the next 16 years. He cur- question is on the motion offered by began as a substitute clerk carrier, and rently holds the record for Bayonne as the gentleman from Missouri (Mr. in May 1979 he became the postmaster the first individual to serve seven con- CLAY) that the House suspend the rules of Marshall. secutive 4-year terms in elective office and pass the bill, H.R. 3307. During Marshall’s 1987 annual his- and four consecutive 4-year terms as The question was taken. toric home tour, Mr. Schragg began mayor. The SPEAKER pro tempore. In the displaying a number of old postal arti- Mr. Collins retired in 1990 as mayor, opinion of the Chair, two-thirds being facts throughout the post office. Due to but he continues to be an active and in the affirmative, the ayes have it. the many artifacts displayed, tourists committed leader to the citizens of Ba- Mr. CLAY. Mr. Speaker, on that I de- thought the post office was a museum yonne. mand the yeas and nays. rather than an official working post of- Mr. Collins’s reputation as a public The yeas and nays were ordered. fice. He decided to develop an extensive servant was forged by his compassion The SPEAKER pro tempore. Pursu- collection of postal antiques in the and interest in helping his fellow citi- ant to clause 8 of rule XX and the basement of the post office and in an zens. His legacy and service to others is Chair’s prior announcement, further annex building. Currently, he is known a wonderful example to his children, proceedings on this motion will be for his noteworthy accomplishment in grandchildren and to the citizens of Ba- postponed. the creation of the Marshall Postal yonne and beyond. f Museum. Everyone in Marshall knows With gratitude for his devotion and Mr. Mike Schragg as the man who MICHAEL W. SCHRAGG POST service to the Bayonne community, it knows everyone’s zip code by heart. OFFICE BUILDING is particularly fitting that we name Mr. Speaker, I commend my col- the United States Postal Service build- Mr. CLAY. Mr. Speaker, I move to league, Representative TIMOTHY ing located at 570 Broadway in his suspend the rules and pass the bill WALBERG, for introducing this legisla- honor. (H.R. 3446) to designate the facility of tion and urge the swift passage of this Mr. Speaker, I reserve the balance of the United States Postal Service lo- bill. my time. cated at 202 East Michigan Avenue in I reserve the balance of my time. Mr. CLAY. Mr. Speaker, I yield 2 Marshall, Michigan, as the ‘‘Michael Mr. DUNCAN. Mr. Speaker, I yield minutes to the gentleman from New W. Schragg Post Office Building’’. myself such time as I may consume. Jersey (Mr. SIRES). The Clerk read the title of the bill. Mr. Speaker, Michael Schragg grew Mr. SIRES. Mr. Speaker, I rise today The text of the bill is as follows: up on his family’s farm in Ceresco, in support of H.R. 3307, a bill to des- H.R. 3446 Michigan. In 1967, he enlisted in the ignate the post office on Broadway in Be it enacted by the Senate and House of Rep- U.S. Army and served in Germany for 3 Bayonne, New Jersey, as the Dennis P. resentatives of the United States of America in years. After this period, he returned to Collins Post Office. Mayor Collins is a Congress assembled, Michigan and began his career in the legend in my congressional district for SECTION 1. MICHAEL W. SCHRAGG POST OFFICE postal service in 1970. Within 5 years he his long-time public service to the peo- BUILDING. was promoted to postmaster for the ple of his community and the State of (a) DESIGNATION.—The facility of the United States Postal Service located at 202 Olivet office, and in 1979 became the New Jersey. East Michigan Avenue in Marshall, Michi- postmaster for Marshall, Michigan. Before entering elected public office, gan, shall be known and designated as the During his tenure, the Marshall office Mayor Collins served his country dur- ‘‘Michael W. Schragg Post Office Building’’. was named the All-American Post Of- ing World War II in the U.S. Army for (b) REFERENCES.—Any reference in a law, fice. 3 years, including time in the China- map, regulation, document, paper, or other Beyond the postal service, Mr. Burma and India theater of operations. record of the United States to the facility re- Schragg has always been active in his In 1962, Mayor Collins won his first ferred to in subsection (a) shall be deemed to community. He is a past president of election to public life by serving on the be a reference to the ‘‘Michael W. Schragg Post Office Building’’. the Marshall Rotary Club and con- Bayonne Municipal Council. He went tinues to serve on the Marshall Histor- on to serve two more terms, both as The SPEAKER pro tempore. Pursu- ical Society. council president. ant to the rule, the gentleman from However, his most noteworthy ac- In 1974, Dennis Collins ran and won Missouri (Mr. CLAY) and the gentleman complishment is the creation of the his first term as the mayor of Bayonne. from Tennessee (Mr. DUNCAN) each will Marshall Postal Museum. The Marshall Mayor Collins served in his role as control 20 minutes. Postal Museum is the second largest in The Chair recognizes the gentleman mayor of Bayonne for the next 16 years the U.S., behind the Smithsonian Post- from Missouri. before retiring in 1990. al Museum here in Washington, D.C. Even though he no longer has an offi- GENERAL LEAVE The museum is now one of the corner- cial position, Mayor Collins remains Mr. CLAY. Mr. Speaker, I ask unani- stones of the immensely popular Mar- available to elected officials and citi- mous consent that all Members may shall historical home tour. In fact, in zens alike to advise and support. have 5 legislative days in which to re- 2003, the New York Times called the As a former mayor in the same coun- vise and extend their remarks. postal museum the town’s piece de re- ty as Mayor Collins, he served as a role The SPEAKER pro tempore. Is there sistance. The article went on to say, model for me and many other mayors objection to the request of the gen- ‘‘If you think you have no interest in in the region. I always admired how tleman from Missouri? postal history, a tour conducted by the Mayor Collins ran his city so effi- There was no objection. ebullient Mr. Schragg will change your ciently, while never losing sight of the Mr. CLAY. As a member of the House mind.’’ needs of his constituents. I see no bet- Committee on Oversight and Govern- Beyond the New York Times, Mr. ter way to honor him today than by ment Reform, I am pleased to join my Schragg and his museum have also passing this bill to name this Bayonne colleague in the consideration of H.R. been featured in Michigan magazine. Post Office after him so his legacy can 3446, which names a postal facility in Mr. Schragg even drove a vintage 1931 continue in the city forever. Marshall, Michigan, after Michael W. Model A mail delivery truck in the 2001 Mr. DUNCAN. Mr. Speaker, I simply Schragg. inauguration parade. rise to commend the gentleman from H.R. 3446, which was introduced by 1515 New Jersey (Mr. SIRES) for introducing Representative TIMOTHY WALBERG on b this very appropriate and fitting legis- August 3, 2007, was reported from the Considering his devotion to pre- lation, and I urge its support by all of Oversight Committee on October 23, serving the past and his work to de- our colleagues. 2007, by voice vote. This measure has velop the future of the Postal Service, I yield back the balance of my time. the support of the entire Michigan con- it is fitting that we name the building Mr. CLAY. Mr. Speaker, I urge all of gressional delegation. where he toiled for so long in his my colleagues to support H.R. 3307, and Mr. Speaker, Michael W. Schragg honor. This is especially true since the I yield back the balance of my time. served as postmaster of Marshall, Marshall Postal Museum is housed in

VerDate Aug 31 2005 03:40 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\H30OC7.REC H30OC7 mmaher on MIKETEMP with CONG-REC-ONLINE H12198 CONGRESSIONAL RECORD — HOUSE October 30, 2007 the basement of the same Marshall ing U.S. Post Office. After the tour Mi- geles, Orange, Riverside, Santa Barbara, San Post Office. chael began organizing the collection Bernardino, and San Diego; I ask my colleagues to join me in of postal antiques in seven rooms in Whereas loss of life and serious injuries have resulted from the fires; support of this legislation. the basement and in an annex building Whereas approximately one million resi- Mr. Speaker, I yield such time as he behind the post office. dents of Southern California have been may consume to the gentleman from The Marshall Postal Museum has forced to evacuate their homes and busi- Michigan (Mr. WALBERG). since become one of the cornerstones of nesses due to the fires; Mr. WALBERG. I thank the gen- the annual Marshall Historic Home Whereas the effect of the wildfires on tleman for yielding. Tour. It was part of a New York Times Southern California families and businesses Mr. Speaker, I am pleased to rise article about places in America worth is still being felt; Whereas thousands of firefighters from today in support of naming the Mar- visiting, and Michael and the museum shall, Michigan Post Office, a promi- California and neighboring states and coun- have also been featured in Michigan tries continue to respond to the fires, risking nent post office in my district, the Sev- Magazine. health and safety and exhibiting resilience enth District of Michigan, the Michael Michael has taken some of the muse- and courage to rescue residents and fight the W. Schragg Post Office. um’s displays on the road and, as has blazes; Michael’s life story has been re- been mentioned, toured numerous Whereas over 2,500 National Guardsmen counted to some degree by my col- States. Michael drove a vintage 1931 and other active duty military personnel are leagues thus far, but he is one that is Model A mail delivery truck in Presi- actively engaged in supporting firefighters and relief operations; beloved in his community, family, and dent George W. Bush’s first inaugural the American postal service. Michael Whereas additional emergency personnel, parade in Washington, DC. such as law enforcement and medical per- served as Marshall’s postmaster for 23 Because of Michael’s countless hours sonnel, have coordinated with local authori- years and was the force behind the cre- of work on the Marshall Postal Mu- ties and firefighters and have performed be- ation of the Marshall Postal Museum, seum, his years of service to the United yond the call of duty in the preservation and the second largest postal museum in States Postal Service in Michigan, and protection of human lives; the United States, behind only the his dedication to the Marshall commu- Whereas hundreds of volunteers took time Smithsonian, as has been represented from their daily lives to help ensure that nity, naming the Marshall Post Office evacuated families are sheltered, clothed, thus far. in his honor is a fitting tribute, and I Michael was born in Calhoun County fed, and emotionally comforted through this urge the House to join me in support of traumatic event; and raised on the family farm in H.R. 3446. Whereas it is clear that the continued com- Ceresco, Michigan. He attended a one- Mr. DUNCAN. Mr. Speaker, I have no mitment and heroism exhibited by fire- room country school, the Francisco further requests for time, and I yield fighters have saved countless lives, homes, School in Ceresco, through the seventh back the balance of my time. and businesses; grade, and he then went on to graduate Mr. CLAY. Mr. Speaker, I urge my Whereas the people of California and the nation recognize that the dedication of fire- from Marshall High School. Michael colleagues to fully support H.R. 3446. I met his wife, Loretta, while working at fighters will remain steadfast throughout have no further requests for time, and the ongoing efforts; and the Robinson’s department store as he I yield back the balance of my time. Whereas a major Federal disaster declara- attended Kellogg Community College. The SPEAKER pro tempore. The tion was issued on October 24, 2007; Now Michael enlisted in the U.S. Army question is on the motion offered by therefore, be it Post Office in June 1967 and served in the gentleman from Missouri (Mr. Resolved, That the House of Representa- tives—(1) recognizes and honors the heroic Germany for 3 years. Michael and Lo- CLAY) that the House suspend the rules retta went on to have three children, service, actions, and sacrifices of first re- and pass the bill, H.R. 3446. sponders, National Guardsmen, and law en- two of whom embarked on postal ca- The question was taken. reers of their own. forcement personnel, state and local offi- The SPEAKER pro tempore. In the cials, volunteers, and others who partici- Michael started his postal career in opinion of the Chair, two-thirds being pated in responding to the October 21, 2007 Marshall, Michigan, as a substitute in the affirmative, the ayes have it. outbreak of wildfires in Southern California; clerk carrier and quickly earned a pro- Mr. CLAY. Mr. Speaker, on that I de- (2) expresses its commitment to the resi- motion to supervisor. The following mand the yeas and nays. dents of Southern California as they begin to year he became the postmaster for Oli- The yeas and nays were ordered. rebuild their community and their lives; and vet, Michigan, only to return to Mar- (3) vows its full support to and solidarity The SPEAKER pro tempore. Pursu- with the state of California. shall, serving as the town’s postmaster ant to clause 8 of rule XX and the The SPEAKER pro tempore. Pursu- for 23 years. During his tenure in Mar- Chair’s prior announcement, further ant to the rule, the gentleman from shall, the U.S. Postal Service named proceedings on this motion will be Missouri (Mr. CLAY) and the gentleman the Marshall Post Office an All-Amer- postponed. ican Post Office. from Tennessee (Mr. DUNCAN) each will Michael Schragg has been active in f control 20 minutes. the Marshall community throughout HONORING THE FIRST RESPOND- The Chair recognizes the gentleman his lifetime. He is a past president of ERS AND SUPPORTING THE VIC- from Missouri. the Marshall Rotary Club and con- TIMS OF THE SOUTHERN CALI- GENERAL LEAVE tinues to serve on the Marshall Histor- FORNIA WILDFIRES Mr. CLAY. Mr. Speaker, I ask unani- ical Society. Michael’s most note- mous consent that all Members may worthy accomplishment is the creation Mr. CLAY. Mr. Speaker, I move to have 5 legislative days in which to re- of the Marshall Postal Museum. It is suspend the rules and agree to the reso- vise and extend their remarks. second only to the Smithsonian Postal lution (H. Res. 778) honoring the first The SPEAKER pro tempore. Is there Museum in size and is housed in the responders and supporting the victims objection to the request of the gen- basement of the historic Marshall Post of the Southern California wildfires. tleman from Missouri? Office. The Clerk read the title of the resolu- There was no objection. The Marshall Post Office building, a tion. Mr. CLAY. Mr. Speaker, as a member Greek revival architectural style with The text of the resolution is as fol- of the House Committee on Oversight copper roof, was constructed in 1932 out lows: and Government Reform, I am pleased of Marshall sandstone. The idea for the H. RES. 778 to join my colleagues in consideration downstairs museum occurred during Whereas beginning on October 21, 2007, of House Resolution 778, a resolution Marshall’s 1987 Historic Home Tour. At Southern California experienced a number of that recognizes and honors the heroic that time Postmaster Schragg dis- devastating wildfires destroying over five- service, actions, and sacrifices of first played a number of old postal artifacts hundred-thousand acres—the largest in the responders, National Guardsmen, vol- history of California—and over fourteen-hun- throughout the building, which was on dred homes and countless other properties; unteers, and others who participated in the historic tour that year. Many peo- Whereas high temperatures and erratic responding to the outbreak of wildfires ple thought the entire post office was a winds caused the multiple fires to rapidly in Southern California. House Resolu- museum rather than an official work- progress in the counties of Ventura, Los An- tion 778, which has 53 cosponsors, was

VerDate Aug 31 2005 03:40 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\H30OC7.REC H30OC7 mmaher on MIKETEMP with CONG-REC-ONLINE October 30, 2007 CONGRESSIONAL RECORD — HOUSE H12199 introduced by Representative ZOE I have no doubt that the quick and and our Secretary of Homeland Secu- LOFGREN. valiant response of our firefighters, po- rity, Michael Chertoff; the Director of Mr. Speaker, wildfires in Southern lice officers, National Guard, and thou- the Federal Emergency Management California have destroyed over 1,000 sands of selfless volunteers saved lives Agency, David Paulison; and a wide homes and scorched more than 400,000 and hundreds of millions of dollars. range of other local governments in- acres. From San Diego to Malibu, hun- The State of California owes these volved. And I have to say the leader- dreds of thousands were warned to brave men and women our gratitude. ship of our congressional delegation leave their homes. More than 250,000 California and our Nation also owes a has really been a great example. were told to flee in San Diego County debt of gratitude to our neighbors, We are joined on the floor here by my alone. There were at least 18 different Canada and Mexico, for volunteering friend from San Diego (Mr. BILBRAY) wildfires in Southern California. their own firefighters and equipment. whose district was impacted. And last I commend my colleague, Represent- I would also like to commend the cit- Thursday I had the privilege of trav- ative LOFGREN, for seeking to honor ies, counties, and State for showing eling with our colleagues, Senator the first responders and to express full great leadership and preparedness in FEINSTEIN, and I see Congressman FIL- support to the victims of the Southern dealing with this disaster. Leadership NER is here as well from San Diego, and California wildfires and urge the swift at the local and State government lev- others who joined with the members of passage of this resolution. els allowed for effective coordination the San Diego delegation who were Mr. Speaker, I reserve the balance of with Federal agencies in the allocation there to have the chance to see first- my time. of resources and making sure our resi- hand the devastation that was caused Mr. DUNCAN. Mr. Speaker, I yield dents were out of harm’s way. by these fires. myself such time as I may consume. Because of the change in weather RIAN ILBRAY Mr. Speaker, I rise today to urge pas- B B is someone who has, pattern, coupled with the extraor- sage of this resolution honoring and time and time again, stepped up to the dinary efforts of firefighters, we are recognizing the heroic efforts of the plate to deal with challenges that he firefighters and other first responders now beginning to contain most of these has faced in the San Diego area, and to the fires in Southern California. fires and are closing the evacuation what we saw last Thursday was an- Mr. Speaker, I think we should take shelters. However, many families are other example. He was able to take the a moment to ponder what happens going back to literally ruins of their Governor of California and the Presi- when a situation like this occurs. A former homes, lives, and communities. dent of the United States to meet indi- disaster occurs and people appear, I ask that all of my colleagues con- vidually with those who had been vic- seemingly out of nowhere, to offer tinue to stand with our California timized by the fires and for all of us to every type of help and assistance. They neighbors as they begin to rebuild their join with Mr. FILNER and Mrs. DAVIS are organized and disciplined and effec- lives. The fires may be dying down, but and Mr. ISSA and Mr. HUNTER in talk- tive and precise. They are heroic and the emotional impact and financial ing to those firefighters who have come swift and knowledgeable and kind. hardship faced by these families are from all over, not just the State of But who are they? Who are these men only beginning. California but from around the coun- and women who drive toward the dis- With the leadership of Speaker try. PELOSI, Senators FEINSTEIN and BOXER, aster when the rest of us drive away? b 1530 Who leaves behind his home and family and Chairman DICKS, we hope to quick- Now, Mr. Speaker, the State of Cali- for perhaps weeks on end and goes to ly move an emergency appropriations fornia is the State that is best help others? Who sets up the shelters bill to help the rebuilding process for equipped to deal with the disaster of and the medical aid stations? Who the families, cities, and counties af- fires. And I say that because California helps seniors and the infirm evacuate? fected by this devastating wildfire. has this very unique structure known Who rushes to save Los Angeles and This resolution today, cosponsored as a Unified Command. Now, what that Ventura and Orange and Riverside and by every single member of our 53-mem- consists of is, rather than having these Santa Barbara and San Bernardino and ber-strong bipartisan delegation is, I disparate firefighting organizations San Diego? believe, the first legislative step for- In the case of California, about 2,500 ward for Congress to meet the needs of come into an area and take on the citizen soldiers, we call them National California as she recovers from this issue of dealing with fire, the Unified Guardsmen, have raced to the rescue. disaster. Command means that the highest So have countless numbers of fire- Mr. DUNCAN. Mr. Speaker, I yield ranking fire official, the fire chief in a fighters, law enforcement, and medical such time as he may consume to the particular area that knows that coun- personnel. gentleman from California (Mr. ty, with the canyons and the valleys We owe these people and their fami- DREIER). and the challenges geographically that lies a debt of gratitude. We couldn’t do (Mr. DREIER asked and was given they face, is there to provide the direc- what they do. Thank God they can. permission to revise and extend his re- tion and the leadership. And that is the Mr. Speaker, I reserve the balance of marks.) reason, Mr. Speaker, that we have had my time. Mr. DREIER. Mr. Speaker, I thank such success within the past week in Mr. CLAY. Mr. Speaker, I yield 21⁄2 my very good friend from Tennessee dealing with what was described by a minutes to the gentlewoman from Cali- (Mr. DUNCAN) for yielding me time. 36-year veteran battalion chief from fornia. I thank Mr. CLAY for his manage- San Diego as the worst fire that he has Ms. ZOE LOFGREN of California. Mr. ment of this measure. And I join with ever seen in California’s history. Speaker, as Chair of the California my colleagues, Ms. LOFGREN and the I also want to say that I express ap- Democratic delegation, I rise along Republicans who have joined as cospon- preciation to our colleagues from all with Speaker PELOSI, Chairman WAX- sors of this very important resolution. across the country. We have, again, MAN, and my Republican colleagues to A week ago at this time, Mr. Speak- firefighters who came from around honor the heroic services, actions, and er, there were no fewer than 14 major California and around the country; and sacrifices of our first responders, State fires with hundreds of thousands of I know it was in large part due to the and local officials, volunteers, and oth- acres on fire in Southern California. As encouragement that our bipartisan ers who participated in responding to we know, nearly 2,000 homes were de- Congress, that Members on both sides last week’s devastating outbreak of stroyed in those fires and we went of the aisle of the Congress, from both wildfires in Southern California. through a number of very, very chal- the House and the Senate, have pro- This was the worst outbreak of lenging days through last week. And vided in encouraging these courageous wildfires in California history. Over while we still have fires raging, we firefighters to come forward and pro- 500,000 acres burned, nearly 1 million have had a great deal of success. We vide the assistance necessary. residents evacuated, over 3,000 residen- have had a great deal of success in the There are going to be challenging tial and commercial properties de- aftermath of these fires due to the stel- days ahead, as my colleague, Ms. stroyed or damaged, 116 reported inju- lar leadership provided by Governor LOFGREN, said, Mr. Speaker. We obvi- ries, seven reported fatalities. Schwarzenegger; by President Bush; ously are going to have to deal with

VerDate Aug 31 2005 03:40 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\H30OC7.REC H30OC7 mmaher on MIKETEMP with CONG-REC-ONLINE H12200 CONGRESSIONAL RECORD — HOUSE October 30, 2007 continued fighting of the fires and also selves on the line to save many others, that we had in our county was that rebuilding. And there also will be, I be- law enforcement officers, the National preparedness starts at the local level, lieve, a very important debate as we Guard, and many of the volunteers. and that you can never expect a State look at the days and weeks and months We also stand here to say to the peo- or Federal agency to replace the need- ahead, and I’m talking about the chal- ple of Southern California, we are with ed foundation and the networking that lenge we face in dealing with disasters. you. We are committed to rebuilding you have at the local level. We know that fire is just one of the our homes and communities in Cali- So get your act together locally, multifarious disasters that we deal fornia and rebuilding the lives of those communicate and build a system, be- with in California. There are disasters who have lost so much. Our first pri- cause a crisis in one way or the other that hit other parts of the country. I ority right now is to make sure that is coming your way. And San Diego, I think we need to have a debate on the everyone is housed, clothed and fed, was very proud, as the former chair- role that the Federal Government and after that we will begin to rebuild. man of the Disaster Preparedness plays in dealing with these disasters. I But once the smoke is cleared, we will Council, I was proud to see how far have talked with a number of people work towards a long-term solution to they have come along and how well who are interested in now getting indo everything we can to prevent disas- they are organized. volved, the Center for Strategic Inter- ters like this from ever happening A lot of people may not know that a national Studies, John Hamre there, again. lot of the great savings we had, when I’ve talked to Director Paulison about We have to take a realistic look at the fires were moving towards my this. the situation. All data indicates that home in Carlsbad, my mother got the We have, again, a great deal of work, the fires nationwide are increasing in call over her phone through a thing but at this time, this resolution is de- size and intensity. Those of us in Con- called ‘‘Reverse 911’’ that notified her signed to focus on the fires in Cali- gress must respond to these warnings. that she was in a warning area, needed fornia and express our appreciation for Our planet is changing; we must ac- to pack up and be ready to leave at a the support that has been provided, and knowledge that. We need to meet the moment’s notice. She was assured that also our thoughts and prayers for those new challenges we are facing. We need if her area was becoming a danger zone, who have been victimized by this. to better fund our firefighters and our she would be notified by the same So, Mr. Speaker, I thank my friend Forest Service. And we have to take a phone communication that had told for yielding, and I thank all those who serious look at where we build our de- her to prepare for that. This is the kind have been involved in supporting this velopments. of local networks that we need to con- resolution. We must do everything in our power tinue to build, not just in California, Mr. CLAY. Mr. Speaker, at this time to prevent destruction of life, property, where we have historically done it I would like to yield 3 minutes to my and our environment. Let us take the through the county system, but friend from California (Mr. BACA). time to reflect on what we have lost. throughout this Nation. (Mr. BACA asked and was given per- And we thank God, and I say we thank I would ask, Mr. Speaker, that we mission to revise and extend his re- God for what we still have. Let us say also recognize that this infrastructure marks.) thanks to those heroes who pulled us gave our men and women, the fire- Mr. BACA. First of all, I would like through this horrible week. Let all fighters not just from San Diego Coun- to thank Mr. CLAY in reference to H.R. those who have lost a home or a loved ty or Southern California, but from the 778. I would also like to thank my good one know that we stand with you. entire State, from the north down to friend ZOE LOFGREN for her work with I urge my colleagues to support this the south, gave us the capability to re- the California delegation and her lead- resolution. spond to this crisis in a way that I ership in bringing this resolution to Mr. DUNCAN. Mr. Speaker, I yield 3 think those of us in California should the floor in a bipartisan fashion. And I minutes to the gentleman from Impe- be very proud of. state ‘‘in a bipartisan fashion’’ because rial Beach, California, my friend, Mr. The crisis has not passed totally; we it impacts the whole State of Cali- BILBRAY. still have threats out there. But the fornia. Mr. BILBRAY. I thank the gen- fact is I think we can build on building Last week’s disaster was a painful tleman. It’s Solano Beach, California. I better communication between the time for all of us in the communities of know one beach is like the other. I was Federal, State and local community. Southern California. Recent estimates raised in one, but live in Carlsbad. But But the foundation has been set. And I show that the fire destroyed over 2,800 I would just like to clarify. would invite anyone who is interested structures, including over 2,000 homes. This resolution is recognizing the in preparing their community for their And the fires also destroyed more than men and women who were fighting on crisis to try to learn from our mistakes 500 acres of land in an area that dou- the front line. And I think there are and our successes in California and San bles the size of New York City. two big advantages we had in San Diego so that we can all build for a Seven people were killed, 113 fire- Diego. San Diego County lost over 1,500 safer neighborhood. And when we do fighters and 26 civilians were injured, homes. Many of those homes could that preparation, we not only make and I state, 113 firefighters and 26 civil- have been saved under all kinds of dif- ourselves safer, we protect those men ians were injured. These are people ferent theories. But the fact is we had and women that are firefighters to that were willing to fight the fires to one great advantage that we did not avoid their exposure to risk by us save not only their own, but to save lose more. And it was not just the men doing the right thing ahead of the fires. the lives of many individuals who were and women who were fighting on the Mr. CLAY. Mr. Speaker, I yield 2 impacted. line that you saw on television, but it minutes to the gentlewoman from Cali- This past weekend, I had a chance to was the men and women who serve in a fornia (Mrs. Davis). see the devastation firsthand and visit very unique California experience Mrs. DAVIS of California. Mr. Speak- with many of our evacuees in the shel- called the Unified Disaster Council, er, Kurt Vonnegut once said, ‘‘I can ter included in my district, with a where San Diego County itself houses think of no more stirring symbol of total of 4,000 that we evacuated into the chairman of the county, and every man’s humanity to man than a fire en- the district at the Orange County Fair- mayor, police chief and fire chief in a gine,’’ and I agree. Last week, my dis- grounds in my area. And while we can system of networks, with a common trict in San Diego bore witness to ex- never really understand the losses suf- communications system, with a com- traordinary displays of humanity and fered by so many, we share their pain. mon planning system toward the local resiliency as wildfires swept through We share their pain. providers who were able to provide the our region. We stand together today united as base and the foundation for State and We owe a debt of gratitude to the one House first and foremost to say Federal agencies to come in and build firefighters, National Guard and mili- thank you for the heroic actions and upon. And that was essential. tary personnel who fought and con- sacrifices of the first responders. And I And if there was any lesson that I tinue to fight the fires on the ground say ‘‘the first responders,’’ the fire- would hope the people of the United and in the air. Some of them lost their fighters who are willing to put them- States would take from our tragedy homes, others were seriously injured,

VerDate Aug 31 2005 03:40 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\H30OC7.REC H30OC7 mmaher on MIKETEMP with CONG-REC-ONLINE October 30, 2007 CONGRESSIONAL RECORD — HOUSE H12201 and all made enormous sacrifices to en- I would hope for many of the people which the people of San Diego came to- sure public safety. that hear us today and read the gether to do the right thing. The firefighters with whom I spoke, RECORD of today’s Journal that they I am very proud of the people of San it has been mentioned that they came will recognize that some of the infor- Diego and all of Southern California. I from throughout the State and beyond, mation that perhaps was put out was am also very thankful for the United said Mother Nature outdid them on incorrect over the airwaves. Many peo- States Marine Corps and the other first this one, but they do not feel defeated, ple talked in terms of too many people responders who made such a difference and instead they were anxious to get too close to wilderness. in our time of need. I thank you for back to work performing their job. When the President visited Congress- this resolution, and I support and en- In addition, I think it bears repeating man BILBRAY and my district, Rancho courage all those to vote for it. that San Diego County and City leader- Bernardo, which is at the heart of our Mr. CLAY. Mr. Speaker, I now yield ship should be commended for coordi- two districts, Rancho Bernardo is a 1 minute to the gentlewoman from nating a quick and effective response. suburban, ‘‘Leave It to Beaver’’ com- California, Madam Speaker. And I agree, San Diego region should munity. This is an area with an inter- Ms. PELOSI. I thank the gentleman be used as a model for the country. state on both sides of it. The fire went for yielding and for bringing this legis- There is much that we have learned on both sides of a 10-lane interstate. It lation to the floor. I want to commend and much that we can also teach. jumped it because 80-mile-an-hour Last week, firefighters caused the the cochairs of our delegation, Con- winds will do that. We didn’t create gresswoman ZOE LOFGREN and Con- largest evacuation in California’s his- that in California; California had that tory. As residents fled the fires, volun- gressman DAVID DREIER, both from when we arrived. California, being the cochairs of our teers from all walks of life came for- On the hilltops, firefighters were ward to help the evacuees. I saw such a delegation, and all of our colleagues looking at just ordinary backyards, who come to the floor today and join tremendous outpouring of compassion sometimes hillsides, but ordinary and support at the evacuation centers. us in expressing our appreciation to backyards of half-acre, acre lots, or our men and women in uniform, our San Diegans rolled up their sleeves and less, and in fact trying to save the found a way to help their neighbors first responders, emergency services houses on them. personnel, and our firefighters who during this crisis. So, I would hope that people through- At Qualcomm Stadium, I spoke to a conducted themselves in such a brave, out the country, when they try to char- volunteer who is a professional tour brave and tireless manner to protect acterize what went on in California, guide. He realized he could put his or- the people and the homes and busi- ganizational skills and strong voice to would take an opportunity to meet nesses of California. work at the relief center. The coordina- with somebody from the districts in Today, we thank God that the winds tors at the stadium agreed and as- California, Congressman FILNER, Con- have finally died down and our brave signed him to training volunteers. gressman BILBRAY, myself, and others, first responders were able to contain I also saw staff from the City’s Park because we saw firsthand that fire- the largest fire in the Golden State’s and Rec Department organizing enter- fighters had residential fires from 80- history. As I said, our first responders, tainment for children and families, vol- mile-an-hour-, 100-degree-driven fire- our firefighters, were courageous and unteers passing out food, and even storms. tireless. More than 11,000 personnel, in- massage therapists helping evacuees to b 1545 cluding thousands of firefighters from relax. Additionally, I would like to bring up across California and neighboring Although the majority of fires are something that may not often cross States, and thank you to our neigh- now under control and many residents the awareness of the men and women boring States for their participation, have left the evacuation centers, the around the country who know about and 2,500 of our brave National Guards- San Diego region faces a lot of hard men and -women worked through long work in the months ahead. Our prayers this fire, and that is we not only executed in San Diego County all of the days and nights to battle the dan- go out to the many families who lost gerous flames. their homes. plays that were in the playbook, all of the things which were written on how In doing so, as I said, they saved As the shock and heartbreaks sub- lives, homes and businesses. For that, side, we must do everything in our to fight a fire well from Malibu to the Mexican border, but additionally we we will be forever grateful. power to ensure that full recovery is Today in California, five fires still within sight as soon as possible. And as wrote some new chapters. I am very proud that the United burn. As these fires are quenched, the we think ahead, Mr. Speaker, to the hard work of restoring the regular precarious nature that we are in and States Marines of Camp Pendleton and the Marine Corps Air Station at order of residents’ lives begins. We can the inevitability of future massive now begin the accounting of our stag- fires, we must also engage in the most Miramar joined the fight for the first time beyond those who were part of the gering losses: seven dead and more serious discussions of lessons learned. than 100 injured; 500,000 acres burned; 1 I support House Resolution 778. plan. We were able to mobilize, on any Mr. DUNCAN. Mr. Speaker, I yield given day, as many as eight additional million residents forced to evacuate; such time as he may consume to the aircraft which had never been des- 1,400 homes destroyed across seven counties. gentleman from California (Mr. ISSA), a ignated to fight fires off the base. They member of the committee. were made available due to the initia- But as the victims of the fire know, Mr. ISSA. I thank the gentleman. tive of the Northern Command and of the tragedy can’t be expressed in those Mr. Speaker, this resolution is an ex- Major General Lehnert and others in numbers. It is in the lost baby photos cellent example of bipartisan behavior the chain of command who said, We and treasured mementos gone forever. in the drafting. It reflects quite well have the ability to fight fire. We fight It is in the fear of knowing that in an what we went through in California them on our bases every day. We will instant life can take a tragic turn. last week. Particularly, I take note of bring those to bear. I salute Governor Schwarzenegger the fact that this was the largest fire With cooperation from the depart- and the Governor’s Office of Emer- because it had the most fuel. This is ment called CAL FIRE in California gency Services for their efforts and one of the challenges we face in Cali- and the Governor’s office, that was leadership in protecting the people in fornia. We have hundreds of thousands made to happen in less than 48 hours. the area and containing the fires. of acres that may not have been So when the book is written on the I am very pleased that President cleared or burned in more than three evacuation and on the fighting of the Bush responded to the request of the decades. That continues to be a chal- fire in Southern California, yes, it was Governor and the California bipartisan lenge. And this body has to take some devastating for over 5,000 families that delegation in declaring what was hap- initiative to correct that. We need to lost homes, that lost commercial build- pening in California as a major dis- have the ability to clear areas before ings, that lost trailers or that, in fact, aster. they burn. But even if we do, there will lost their farms and ranches, but, in Today, we vow that our response to be fires. fact, this was a well-fought fire in this fire will not end once those flames

VerDate Aug 31 2005 03:40 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\H30OC7.REC H30OC7 mmaher on MIKETEMP with CONG-REC-ONLINE H12202 CONGRESSIONAL RECORD — HOUSE October 30, 2007 are extinguished. The California con- food, people who brought clothing and Colorado filled their tanks at Channel gressional delegation will work in a bi- psychological help, massages and med- Islands Air National Guard Station partisan way with the entire Congress, ical help. So all of these people were just outside my district. with the Governor and the President to involved. It was an incredible sight to If it were not for this organized and ensure short-term and long-term needs behold as we went to Qualcomm Sta- swift effort, many more acres, homes, are met. dium or any of the evacuation centers and lives would have been lost. Mr. To those who have suffered personal around the county. You saw everybody Speaker, as we move forward, I hope we losses, whether it’s the loss of a loved pitching in. It was that coming to- can learn from this experience to help one, personal injury, loss of their gether in San Diego that will give hope prevent such a tragedy from repeating homes and their communities, as to the people who face challenges in itself in the future. And to the count- Speaker of the House, I extend the the future and that got us through this less men and women who helped in this deepest sympathy and the fullest sup- very terrifying time. tragedy, we commend you and we port of the House of Representatives. I thank the House for this resolution thank you for your heroic efforts. We stand with you today and in the in support of the people of California. Mr. DUNCAN. Mr. Speaker, I yield days of rebuilding to come. Mr. DUNCAN. Mr. Speaker, I con- such time as he may consume to our Once again, I acknowledge the lead- tinue to reserve the balance of my colleague, the gentleman from Cali- ership of Mr. CLAY and Mr. DUNCAN and time. fornia (Mr. HUNTER), who represents thank them for giving us this oppor- Mr. CLAY. Mr. Speaker, I yield 2 some of the City of San Diego and tunity to express our appreciation to minutes to the gentlewoman from Cali- much of San Diego County. our firefighters and our first respond- fornia (Mrs. CAPPS). Mr. HUNTER. Mr. Speaker, I want to ers in California. Mrs. CAPPS. I thank my colleague thank my great colleague for yielding Thank you very much, gentlemen. from Missouri for yielding. me some time and just follow my col- Thank you, Mr. Speaker. As a representative of areas affected leagues to again commend all of those Mr. DUNCAN. Mr. Speaker, I reserve by the recent wildfires and a cosponsor who helped to take on this incredible the balance of my time. of H. Res. 778, I rise in its strong sup- challenge and to defeat this fire. Even Mr. CLAY. Mr. Speaker, I yield 2 port. Over the last 10 days, wildfires though it destroyed lots of sagebrush minutes to the gentleman from Cali- have devastated much of Southern land and lots of back country and fornia (Mr. FILNER). California. Hundreds of thousands of homes and buildings and took some Mr. FILNER. I thank the gentleman acres have been burned. Thousands of lives, we had a well-coordinated effort. for yielding. homes and businesses have been de- Let me just point out also that I Mr. Speaker, I represent the southern stroyed. know Mr. ISSA talked about the United part of the City of San Diego where we While this tragedy has faded from the States Marines and the United States had thousands of evacuees, hundreds of Nation’s headlines, thousands of our Navy especially in the San Diego re- homes lost, a really terrifying situa- first responders, military personnel, gion working hand in hand with State tion for many people. Of course, get- volunteers continue to battle the fires and local firefighting officials and vol- ting back on their feet will be a major, and to aid in the recovery effort. Today unteers and the crews and especially in major challenge. But what we saw, as we commend these amazing individ- the area of the air war against the fire we have heard from my colleagues, is uals. Thousands of firefighters from undertaking this challenge and doing cooperation, cooperation from all lev- throughout California and across the very, very well. els of government, from the cities, the Nation put their lives on the line to At the other level, at the level of fire districts, county, State, Federal, protect our communities. They battled bringing in assets from out of the and also international, which no one out-of-control flames fanned by rest- State, I think we should also commend has mentioned up to this point. I less hurricane-force winds, and they General Steven Blum, who is head of watched as 60 firefighters, bomberos as fought tirelessly for 12, 24, even 36 the National Guard for this country. we call them, from Tijuana, in Mexico, hours straight. And even before he received the request came to help and were a part of the In addition, countless police officers from the State of California, even team as we fought the Harris fire in and military personnel and other first though the request had been initiated southern San Diego. I think that was a responders successfully executed the by Governor Schwarzenegger, it goes very important contribution. largest evacuation in California’s his- through a number of bureaus and agen- I had the opportunity to talk to the tory. Tens of thousands of evacuees cies before it actually gets to the unit President as we flew to the fires. He were sheltered with ample food, sup- that is going to send the particular understood that he needed to be visible plies, and facilities. Thousands of gen- firefighting aircraft to the location very early, which was very hopeful, and erous individuals have given their where it is going to engage the fire. that FEMA had to be proactive and not time, their money, their resources to Before he received the request from just reactive. The blue shirts of FEMA help victims of this tragedy to get back the State of California, General Steven were on the job and visible everywhere, on their feet. Blum deployed aircraft and put out the and their local assistance centers were Mr. Speaker, California is sadly all deployment order for aircraft from Col- set up very much earlier than in any too familiar with wildfires. My district orado, Wyoming and North Carolina. previous disaster, I think. And that includes parts of San Luis Obispo, These are the so-called MAFFS units, gave hope to many people. Those as- Santa Barbara and Ventura Counties, C–130 units that have the ability to put sistance centers, again, before even each of which experience wildfires al- down about 3,000 gallons of fire retard- many of the evacuees had been allowed most annually. The most recent was ant per aircraft. They can pave an area to return home were there and helping Zaca fire which burned more than a quarter of a mile wide. They do an people. 240,000 acres of these three counties extremely effective job of fighting We saw the hope on people’s faces as and lasted almost 3 months. fires. they saw this cooperation in getting I am proud to say from firsthand ex- General Blum ordered those aircraft help from everywhere. And although perience that California’s emergency deployed to California before he had they face a very difficult time, they do preparedness systems and procedures the order to deploy them. Before he have hope. It was the volunteers, of are among the best in the Nation, I had the request, he said, I am going to course, our firefighters and our offi- would say in the world. As the wildfires send them out as a training mission, cers, police officers and other first re- grew in size and numbers, the Gov- and by the time they get there, the pa- sponders, but the volunteers came from ernor’s Office of Emergency Services perwork will catch up with them. all over. Some of them had evacuated was able to coordinate and allocate re- So I think we all owe him a debt, and their own homes. Some of them lost sources to the areas that needed them all those wonderful crews that came in their own homes. Teachers and others most, regardless of jurisdiction. Local from Wyoming, North Carolina and were there to help the children while firefighters from San Diego battled Colorado, as well as all the other crews away the time and even learn while flames along with colleagues from Ne- in various other dimensions of the fire- they were there, people who brought vada, while planes from Wyoming and fighting who arrived from out of State.

VerDate Aug 31 2005 03:40 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\H30OC7.REC H30OC7 mmaher on MIKETEMP with CONG-REC-ONLINE October 30, 2007 CONGRESSIONAL RECORD — HOUSE H12203 So, Mr. Speaker, this was a wonder- Whereas, in 1964, thousands of college stu- religious freedom, and human rights in the ful team effort, I think perhaps a dents rallied on behalf of Soviet Jewry in former Soviet republics needs promotion and model for the country. We have a few front of the United Nations; strengthening; and rough edges to work on for the next Whereas Israel’s victory in the 1967 Six- Whereas it is the 40th anniversary of the Day War inspired Soviet Jews to intensify mass movement for freedom by and on behalf one, a few reforms to make, and we are their efforts to win the right to emigrate; of Soviet Jewry: Now, therefore, be it going to do that. But we had a wonder- Whereas, in 1967, Soviets launched an anti- Resolved, That Congress recognizes the 20th ful, wonderful taking up of this enor- Zionist propaganda campaign in the state- anniversary of the Freedom Sunday Rally mous challenge. Our challenge now is controlled mass media, and a crackdown on for Soviet Jews in Washington, DC, which to rebuild; and, similarly, we will all Jewish autonomy, galvanizing a mass advo- embodies the American principle of citizen work together as a team to do that. I cacy movement in the United States; activism for the greater good. thank the gentleman for yielding. Whereas, in 1970, the Union of Councils for The SPEAKER pro tempore. Pursu- Soviet Jewry was founded as a coalition of ant to the rule, the gentleman from b 1600 local grass-roots ‘‘action’’ councils supporting freedom for Jews of the Soviet Missouri (Mr. CLAY) and the gentleman Mr. CLAY. Mr. Speaker, I reserve my from Tennessee (Mr. DUNCAN) each will time. Union; Whereas, in 1971, the severe sentences, in- control 20 minutes. Mr. DUNCAN. Mr. Speaker, I have no cluding death, meted out to nine Leningrad The Chair recognizes the gentleman further speakers, so I will simply close Jews who attempted to hijack a plane to flee from Missouri. for our side by saying these were fires the Soviet Union spurred worldwide protests; GENERAL LEAVE and evacuations of historic propor- Whereas, in 1971, the National Conference Mr. CLAY. Mr. Speaker, I ask unani- tions. They were handled in absolutely on Soviet Jewry (NCSJ) succeeded the mous consent that all Members may the best way possible, and I commend AJCSJ; have 5 legislative days in which to re- everyone involved in responding to Whereas, in 1971, mass emigration of Jews vise and extend their remarks. these disasters and urge passage of this from the Soviet Union began; Whereas, in 1975, President Gerald R. Ford The SPEAKER pro tempore. Is there resolution. I think it is something that signed into law the Jackson-Vanik Amend- objection to the request of the gen- all of our colleagues can enthusiasti- ment to the Trade Act of 1974, prohibiting tleman from Missouri? cally support. the extension of trade benefits to countries Mr. Speaker, I yield back the balance There was no objection. that limit emigration, and otherwise in- Mr. CLAY. Mr. Speaker, as a member of my time. fringe basic human rights; Mr. CLAY. Mr. Speaker, I ask my Whereas, in 1978, the Congressional Wives of the House Committee on Oversight colleagues to unanimously support this for Soviet Jewry was founded; and Government Reform, I am pleased resolution and show full support to the Whereas, in 1982, President Ronald Reagan to join my colleagues in the consider- victims of these wildfires, the people of enacted Public Law 97–157, expressing the ation of H. Res. 759, a bill that recog- sense of the Congress that the Soviet Union nizes the 40th Anniversary of the Mass Southern California. I urge swift pas- should cease its repressive actions against sage. Movement for Soviet Jewish Freedom those individuals who seek the freedom to and the 20th Anniversary of the Free- Mr. Speaker, I yield back the balance emigrate or to practice their religious or of my time. cultural traditions, drawing special atten- dom Sunday Rally for Soviet Jewry on The SPEAKER pro tempore. The tion to the hardships and discrimination im- the Mall in Washington, D.C. H. Res. question is on the motion offered by posed upon the Jewish community in the So- 759, which has 57 cosponsors, was intro- the gentleman from Missouri (Mr. viet Union; duced by Representative HENRY WAX- CLAY) that the House suspend the rules Whereas, in 1983, the bipartisan Congres- MAN on October 18, 2007. House Resolu- and agree to the resolution, H. Res. 778. sional Human Rights Caucus was founded to tion 759 was reported from the Over- The question was taken. advance the cause of human rights; sight Committee on October 23, 2007, by Whereas, in 1984, the Congressional Coali- voice vote. The SPEAKER pro tempore. In the tion for Soviet Jews was founded; opinion of the Chair, two-thirds being Whereas, in 1987, an estimated 250,000 peo- Mr. Speaker, the former Soviet in the affirmative, the ayes have it. ple demonstrated on the Mall in Washington Union today has the third-largest Jew- Mr. CLAY. Mr. Speaker, on that I de- before the start of the Reagan-Gorbachev ish community in the world. During mand the yeas and nays. summit, in an unprecedented rally that the 17th and 18th centuries, the Rus- The yeas and nays were ordered. helped give the issue added visibility on the sian Empire was home to the world’s The SPEAKER pro tempore. Pursu- national scene; largest Jewish community. In the late ant to clause 8 of rule XX and the Whereas, in 1989, the Soviet Union opened 19th century, over 5 million Jews lived its doors to the millions of Soviet Jews who Chair’s prior announcement, further as a persecuted minority in Czarist proceedings on this motion will be had been held as virtual prisoners within their own country; Russia. This indifference towards Jews postponed. Whereas, in 1991, the Supreme Soviet continued throughout the 20th century f passed a law that codified the right of every under the leadership of Secretary Gen- RECOGNIZING ANNIVERSARIES OF Soviet citizen to emigrate, precipitating eral Joseph Stalin and Prime Minister massive emigration by Jews from the Soviet Nikita Khrushchev of the Soviet MASS MOVEMENT FOR SOVIET Union, primarily to Israel and the United JEWISH FREEDOM AND FREE- Union. States; In the mid-1960s, Prime Minister DOM SUNDAY RALLY FOR SO- Whereas the hundreds of thousands of im- Alexei Kosygin was reported to have VIET JEWRY migrants from the Soviet Union and former said ‘‘the road is open and no problem Mr. CLAY. Mr. Speaker, I move to Soviet republics have greatly enriched their new-found homes in areas as diverse as busi- exists’’ for Soviet Jews who might suspend the rules and agree to the reso- ness, professional sports, the arts, politics, want to leave for Israel. This remark lution (H. Res. 759) recognizing the 40th and philanthropy; sparked an increase in the efforts of Anniversary of the Mass Movement for Whereas, in 1992, Congress passed the Free- Jews to leave the Soviet Union and Soviet Jewish Freedom and the 20th dom Support Act, making aid for the fifteen helped initiate international efforts to Anniversary of the Freedom Sunday former Soviet republics contingent on facilitate their mass movement from Rally for Soviet Jewry on the Mall in progress towards the implementation of a democratic system, and respect for human Soviet Russia. Washington, DC. In 1967, in response to earlier Soviet The Clerk read the title of the resolu- rights; Whereas, since 2000, more than 400 inde- Jewry advocacy efforts, Russian au- tion. thorities allowed some Jewish citizens The text of the resolution is as fol- pendent Jewish cultural organizations and 30 Jewish day schools have been established in to leave for family reunification in lows: the former Soviet Union, giving rise to a re- Israel. Due to the lack of diplomatic H. RES. 759 newal of Jewish life; relations between Israel and the Soviet Whereas, in 1964, the American Jewish Whereas NCSJ and its partners have per- Union, most emigres traveled to Vi- Conference on Soviet Jewry (AJCSJ) was formed exceptionally by continually pro- enna where Israeli authorities flew founded to spearhead a national campaign on moting the safety and security of Jews in behalf of Soviet Jewry; the former Soviet Union; them to Israel. By March 1976, the ma- Whereas, in 1964, the Student Struggle for Whereas continued acts of anti-Semitism jority of emigres who left on visas for Soviet Jewry was founded to demand free- and xenophobia in the former Soviet Union Israel chose to resettle in the United dom for Soviet Jewry; are reprehensible and respect for democracy, States and other Western countries.

VerDate Aug 31 2005 03:40 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\H30OC7.REC H30OC7 mmaher on MIKETEMP with CONG-REC-ONLINE H12204 CONGRESSIONAL RECORD — HOUSE October 30, 2007 Mr. Speaker, I commend my col- D.C., to rally for the plight of Soviet rights movements worldwide. This league Representative WAXMAN for Jews. I vividly remember participating movement for Soviet Jewry dem- seeking to recognize the 40th Anniver- in that rally, which took place on the onstrated that a small group of people sary of the Mass Movement for Soviet eve of the Reagan-Gorbachev summit. who are dedicated and committed to Jewish Freedom and the 20th Anniver- It was a major turning point that principle can make an enormous dif- sary of the Freedom Sunday Rally for helped compel the Soviet Union to ference, not only in their home coun- Soviet Jewry on the Mall in Wash- open its doors for the millions of So- tries but throughout the world. ington, D.C., and urge the swift passage viet Jewish emigres who had been held Just this past weekend, I attended a of this bill. as virtual prisoners within their own meeting in Philadelphia where Natan Mr. Speaker, I reserve the balance of country. Sharansky spoke. Sharansky has been my time. I think back to congressional delega- a hero to so many of us in the United Mr. DUNCAN. Mr. Speaker, I yield tions to the Soviet Union where I met States in his struggle for freedom from myself such time as I may consume. with Jewish refusniks who were suf- Soviet oppression. He and his fellow Mr. Speaker, I rise today to join my fering under communist repression. refusniks embody the spirit of deter- fellow Members of Congress in recog- These brave dissidents were blacklisted mination and unbelievable courage to nizing the 40th Anniversary of the from their jobs, socially ostracized and, stand up for human rights and freedom Mass Movement for Soviet Jewish in some cases, jailed, only because of and demand that Soviet Jews be able Freedom and the 20th Anniversary of their desire to practice their religion to leave the Soviet Union and immi- the Freedom Sunday Rally for Soviet and live in freedom. grate to Israel or the United States or Jewry on the Mall in Washington, D.C. I remember meeting with young cou- other countries of their choice. As with many other peoples of faith, ples in and around Moscow who called Sharansky told us the movement for Jews suffered under the oppressive us their lifeline. They were so des- Soviet Jewry not only freed him and yoke of communism in the Soviet perate about their circumstances. They other refusniks, but that it set in mo- Union. Their struggles inspired Amer- said our visits gave them hope that tion the process that ultimately ican Jews to establish the American they were not forgotten, that they brought down the Soviet Union. By de- Jewish Conference on Soviet Jewry and would one day be free. manding human rights for some, we the Student Struggle for Soviet Jewry When the Iron Curtain fell, many of hastened the demise of one of the most in 1964 in order to campaign on behalf these families came to the United repressive, most dictatorial regimes in of their fellow Soviet brethren. States to live the American Dream of history. After the Six-Day War in 1967, the religious liberty and personal freedom. This movement demonstrated that Soviets intensified the persecution of Over 1 million more resettled in Israel. human rights questions do not exist in the Jewish community through state- The historic human rights campaign to a vacuum separate from larger ques- controlled media and by reducing Jew- free Soviet Jewry was built on decades tions of global politics or trade. We ish autonomy. Soon a mass exodus, a of activism. Launched in the 1960s by have a tremendous capacity to be glob- mass emigration of Jews from the So- groups like the American Jewish Con- al leaders by tying questions of human viet Union began. These developments ference on Soviet Jewry and the Stu- rights to other issues that we deal with helped to galvanize the advocacy move- dent Struggle for Soviet Jewry, it gal- in the international arena, whether in ment within the U.S. vanized human rights leaders around trade or the environment or immigra- Over the following years, this mass the United States and the world. The tion policy. While we do business with advocacy movement helped spur the movement helped build the momentum other countries, we should not, we U.S. Government to achieve much. Per- for the adoption of the Helsinki Ac- must not, turn a blind eye to human haps most notably, in 1975 President cords and the passage of the Jackson- rights abuses. It is as true today as it Ford signed into law the Jackson- Vanik Amendment, which, for the first was 40 years ago. Vanik Amendment to the Trade Act of time, linked trade policy and human While human rights are trampled on 1974. This amendment prohibited the rights. in so many parts of the world, from extension of trade benefits to countries Here in Congress, we founded the Darfur, North Korea, to the Arab that limited immigration and other- Congressional Coalition for Soviet world, we look to the movement for So- wise infringed human rights. It was Jews, and my wife Janet helped orga- viet Jews as a shining example of how drafted specifically with the plight of nize and found the Congressional Wives we as a country can succeed in bring- Soviet Jews in mind. Later, President for Soviet Jewry. Other organizations, ing human rights issues to light Reagan signed a law drawing attention like the National Conference on Soviet through citizen activism for the great- to the hardships imposed on the Jewish Jewry and the Union of Councils for er good. community of the Soviet Union. Soviet Jewry are still at work today Mr. Speaker, when I was in Philadel- In 1987, an estimated 250,000 people fighting anti-Semitism and safe- phia listening to Natan Sharansky, demonstrated on the Mall before a guarding the religious freedom of Jews they showed films of the March on Reagan-Gorbachev summit. This rally in Russia and other parts of the former Washington for Soviet Jewry, and it increased the issue’s national visi- Soviet Union. bility. Partly due to these efforts, the Today, we celebrate the 20th anniver- put me in mind of the fact that Mem- Soviet Union finally opened the doors sary of the Freedom Rally with pride bers like Mr. WAXMAN who were here 20 of emigration to its Jewish population in the history and accomplishments of years ago were in the forefront of this in 1989. Two years later, the Soviet the effort to free Soviet Jews. Let it fight. Government codified the right of every serve as a lasting reminder that we As a point of personal privilege, the Soviet citizen to emigrate, prompting have an obligation to sustain the fight next speaker on our side of the aisle, massive flows of Jews to Israel and to against political and religious repres- Mr. ELIOT ENGEL, Congressman from the United States. sion wherever it exists. New York, before he was a Member of This serves as an example of the Mr. Speaker, I urge support for this Congress, he was on that stage fighting great American tradition of citizen in- resolution. for the basic human rights and dignity volvement for the greater good. I ask Mr. DUNCAN. Mr. Speaker, I con- of Soviet Jews and human rights my colleagues to join me in support of tinue to reserve the balance of my worldwide, as was our very good friend this resolution. time. JERRY NADLER. Mr. Speaker, I reserve the balance of Mr. CLAY. Mr. Speaker, I yield 3 Mr. Speaker, with that, I yield back, my time. minutes to the gentlewoman from Ne- and I thank the gentleman once again Mr. CLAY. Mr. Speaker, I yield such vada (Ms. BERKLEY). for bringing this to the floor of the time as he may consume to the gen- Ms. BERKLEY. I thank the gen- House for a vote. tleman from California (Mr. WAXMAN). tleman for yielding and for his leader- Mr. DUNCAN. Mr. Speaker, we have Mr. WAXMAN. Mr. Speaker, 20 years ship on this important issue. no other speakers on this side, so I will ago, on December 7, 1987, there were Mr. Speaker, I rise in support of this simply urge support for this resolution 250,000 people gathered in Washington, resolution and in support of the human and yield back the balance of my time.

VerDate Aug 31 2005 03:40 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\H30OC7.REC H30OC7 mmaher on MIKETEMP with CONG-REC-ONLINE October 30, 2007 CONGRESSIONAL RECORD — HOUSE H12205 Mr. CLAY. Mr. Speaker, I yield 3 Soviet Jews throughout the world. Ear- Birnbaum, an exceptional leader and minutes to the gentleman from New lier, I demonstrated in front of the So- human being who worked night and York (Mr. ENGEL). viet mission to the U.N. in New York in day to bring this issue to the forefront Mr. ENGEL. I thank my friend from an effort to demonstrate how deeply I of our minds so many years ago. Ear- Missouri, and I rise in strong support felt about religious freedom and the lier this year, I was very proud to in- of H. Res. 759, which recognizes the right of the Jews of the Soviet Union troduce a resolution honoring Mr. 40th Anniversary of the Mass Move- to emigrate. Birnbaum, and I am pleased that Con- ment for Soviet Jewish Freedom and In conclusion, I urge my colleagues gress passed it, thereby bringing offi- the 20th Anniversary of the Freedom to support H. Res. 759 and remember cial recognition to a leader who made Sunday Rally for Soviet Jewry on the the campaign to liberate the Jews of an incalculable difference for the lives Mall in Washington, D.C. the former Soviet Union. And, again, of many thousands of Soviet Jews and The gentlewoman from Nevada (Ms. may we have many, many more resolu- others throughout the world. BERKLEY) is so right when she says tions like this to help all oppressed In addition to the courageous work of that these rallies inspired the cause of people all over the world. Mr. Birnbaum, tribute ought to be paid human rights all over the world. And Mr. CLAY. Mr. Speaker, I yield 3 to the other pioneers and national or- as we fight for human rights all over minutes to the gentleman from New ganizations who fought so strenuously the world, we must continue to fight York (Mr. NADLER). for the liberation of Soviet Jews, peo- for human rights wherever bad things Mr. NADLER. I thank the gentleman ple like Malcolm Hoenlein who is now raise their ugly heads. for yielding. executive vice president of the Con- Mr. Speaker, I rise in support of H. b 1615 ference of Presidents of American Jew- Res. 759, introduced by the gentleman ish Organizations but who pioneered For decades, Jews in the Soviet from California (Mr. WAXMAN), mark- much of the work in the Soviet Jewish Union faced serious restrictions on ing the 40th anniversary of the Mass movement. their right to practice their faith. In Movement for Soviet Jewish Freedom I am pleased today to join with my response, a campaign developed in the and the 20th anniversary of the Free- colleagues to mark the accomplish- United States and around the world to dom Sunday Rally for Soviet Jewry on ments of the Soviet Jewry movement pressure the Soviets to end the abuses the National Mall in Washington, DC. and to celebrate the 20th anniversary and permit their Jewish population to Mr. Speaker, in 1967 the plight of So- of the Freedom Sunday Rally for So- emigrate. In 1964, the American Jewish viet Jews was severe and largely un- viet Jews and the 40th anniversary of Conference on Soviet Jewry was found- known to the outside world. State- the founding of the movement to free ed to spearhead a national campaign on sponsored anti-Zionism and a wide- Soviet Jews. I am proud to have been behalf of Soviet Jewry. Israel’s victory spread culture of anti-Semitism made part of this movement beginning in the in the 1967 6–Day War inspired Soviet daily life difficult for the millions of late 1960s in many marches and dem- Jews to intensify their efforts to win Jews living in the Soviet Union. Worst onstrations and picketings of the So- the right to emigrate to Israel and of all, these Jews had no right to leave viet embassy. I was here on the Mall 20 other places, but the Soviets followed the country for more welcoming parts years ago. with an anti-Zionist propaganda cam- of the world, namely, Israel and the Mr. Speaker, I urge my colleagues to paign in the state-controlled mass United States. support the resolution. media and a crackdown on Jewish au- Mr. Speaker, in answer to this re- Mr. CLAY. Mr. Speaker, at this time tonomy. ality, 1967 saw the rise of an organized we have no additional speakers. I urge A key event in the campaign to free movement to rescue the Soviet Jews, my colleagues also to support the 40th the Soviet Jews occurred in 1982 when the Mass Movement for Soviet Jewish anniversary of the Mass Movement for President Reagan enacted Public Law Freedom. Looking back 40 years later, Soviet Jewish Freedom and the 20th 97–157, expressing the sense of the Con- we can all chart the profound success anniversary of the Freedom Sunday gress that the Soviet Union should of that movement which lifted hun- Rally for Soviet Jewry by unanimously cease its repressive actions against dreds of thousands of people out of per- adopting this resolution. those individuals who seek the freedom secution and poverty and into freedom. Mr. WEXLER. Mr. Speaker, I rise today to to emigrate or to practice their reli- Beginning in 1971, this movement made recognize the 40th anniversary of the Mass gious or cultural traditions. This law possible the mass exodus of Soviet Movement for Soviet Jewish Freedom and the drew special attention to the hardships Jews from the Soviet Union to the 20th anniversary of the Freedom Sunday Rally and discrimination imposed upon the shores of Israel, the United States and for Soviet Jewry on the Mall here in Wash- Jewish community in the Soviet elsewhere. ington. This mass advocacy movement formed Union. Mr. Speaker, I am gratified to rep- following the anti-Zionist campaign launched After so many years of captivity, the resent the largest community of by the Soviet government in 1967 and worked Supreme Soviet passed a law in 1991 former Soviet emigres in the United tirelessly for over two decades to gain Soviet that codified the right of every Soviet States, and I have the great fortune of Jews the freedom to emigrate from the Soviet citizen to emigrate, precipitating mas- knowing many of those leaders and en- Union, where they had been held as virtual sive emigration by Jews from the So- trepreneurs who owe their livelihoods prisoners since World War II. viet Union, primarily to Israel and the and freedom to the success of that In 1987, on the eve of the Reagan-Gorba- United States. The hundreds of thou- movement organized in 1967. chev summit, more than 250,000 people gath- sands of immigrants from the Soviet The former Soviet Jewish commu- ered in Washington to rally for the plight of Union and former Soviet republics have nity of Brooklyn, New York, from Soviet Jews. This event was a major turning greatly enriched their new-found Ukraine, Belarus, Russia, Uzbekistan point in compelling the soviet government to homes in areas as diverse as business, and elsewhere has returned the human- open its doors for millions of Soviet Jewish science, the arts, politics, and philan- ity and kindness shown to them years e´migre´s who were being held prisoner in their thropy. before in their new capacity as indus- own country. Finally in 1991, the Supreme So- As Ms. BERKLEY mentioned, I was trious, law-abiding, and dynamic mem- viet passed a law codifying the right of every proud to be part of the effort to lib- bers of American society. In neighbor- Soviet citizen to emigrate, leading to a mas- erate the Jews of the Soviet Union and hoods like Brighton Beach, Coney Is- sive emigration by Jews from the Soviet remember the historic Freedom Sun- land and Bensonhurst, you can witness Union, mostly to Israel and the United States. day Rally for Soviet Jews in Wash- every day how hard they have worked As a sponsor of House Resolution 759, I ington, DC 20 years ago before I was a in order to secure happiness for their want to recognize these two anniversaries and Member of Congress. I remember meet- families and how they strive to give praise the efforts of all the organizations in- ing Natan, then Anatoly Sharansky, at back to the Nation that rescued them volved in this important movement, including the gathering of approximately 250,000 from persecution. the American Jewish Conference on Soviet people prior to the start of the Reagan- Mr. Speaker, no discussion of this Jewry, the Student Struggle for Soviet Jewry, Gorbachev summit. This event helped movement of Soviet Jews would be and the Congressional Coalition for Soviet increase the awareness of the plight of complete without mention of Jacob Jews. These and many other organizations

VerDate Aug 31 2005 03:40 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00049 Fmt 7634 Sfmt 9920 J:\CRONLINE\2007BA~1\2007NE~2\H30OC7.REC H30OC7 mmaher on MIKETEMP with CONG-REC-ONLINE H12206 CONGRESSIONAL RECORD — HOUSE October 30, 2007 were integral in securing freedom for Soviet Bachmann Doyle Knollenberg Putnam Scott (GA) Tiberi Bachus Drake Kuhl (NY) Radanovich Scott (VA) Tierney Jews, and their work serves as an example for Baird Dreier LaHood Rahall Sensenbrenner Towns all who are seeking religious and political free- Baker Duncan Lamborn Ramstad Serrano Tsongas dom around the world. Baldwin Edwards Lampson Rangel Sessions Turner Mr. Speaker, these two anniversaries are Barrett (SC) Ehlers Langevin Regula Sestak Udall (CO) Barrow Ellison Lantos Rehberg Shadegg Udall (NM) also a reminder about the ongoing struggle for Bartlett (MD) Ellsworth Larsen (WA) Reichert Shays Upton religious freedom and the need to continue to Barton (TX) Emanuel Larson (CT) Renzi Shea-Porter Van Hollen battle against anti-Semitism, bigotry and dis- Bean Emerson Latham Reyes Sherman Vela´ zquez crimination wherever it occurs. The United Becerra Engel LaTourette Reynolds Shimkus Visclosky Berkley English (PA) Lee Richardson Shuler Walberg States as the world’s only superpower and Berman Eshoo Lewis (CA) Rodriguez Shuster Walden (OR) oldest democracy has an obligation and a re- Berry Etheridge Lewis (GA) Rogers (AL) Sires Walsh (NY) sponsibility to continue to advocate for those Biggert Everett Lewis (KY) Rogers (KY) Skelton Walz (MN) Bilbray Fallin Linder Rogers (MI) Slaughter Wamp individuals suffering at the hands of oppres- Bilirakis Farr Lipinski Rohrabacher Smith (NE) Wasserman sive governments—whether it is in Darfur, Bishop (GA) Fattah LoBiondo Ros-Lehtinen Smith (NJ) Schultz Sudan or in Burma. Today, millions around the Bishop (NY) Feeney Loebsack Roskam Smith (TX) Waters globe cling to the hope that one day they will Bishop (UT) Ferguson Lofgren, Zoe Ross Smith (WA) Watson Blackburn Filner Lowey Rothman Snyder Watt be liberated and freed from oppression. To Blumenauer Flake Lucas Roybal-Allard Solis Waxman this end, Congress and the American people Blunt Forbes Lungren, Daniel Royce Souder Weiner must remain steadfast in our determination to Boehner Fortenberry E. Ruppersberger Space Welch (VT) Rush Spratt Weldon (FL) protect religious and human rights matching Bonner Fossella Lynch Bono Foxx Mack Ryan (OH) Stearns Westmoreland the willpower and vigilance of those who Boozman Frank (MA) Mahoney (FL) Ryan (WI) Stupak Wexler fought so hard for decades to liberate Soviet Boren Franks (AZ) Maloney (NY) Salazar Sullivan Whitfield Boswell Frelinghuysen Manzullo Sali Sutton Wicker Jewry from the yoke of tyranny and repres- Sa´ nchez, Linda Tancredo Wilson (NM) sion. Boucher Gallegly Marchant Boustany Garrett (NJ) Markey T. Tanner Wilson (SC) Sanchez, Loretta Tauscher Wolf Mr. CLAY. Mr. Speaker, I yield back Boyd (FL) Gerlach Matheson Sarbanes Taylor Woolsey the balance of my time. Boyda (KS) Giffords Matsui Saxton Terry Wu Brady (PA) Gilchrest McCarthy (CA) The SPEAKER pro tempore. The Schakowsky Thompson (CA) Wynn Brady (TX) Gillibrand McCarthy (NY) question is on the motion offered by Schiff Thompson (MS) Yarmuth Braley (IA) Gingrey McCaul (TX) Schmidt Thornberry Young (AK) the gentleman from Missouri (Mr. Broun (GA) Gohmert McCollum (MN) Schwartz Tiahrt Young (FL) CLAY) that the House suspend the rules Brown (SC) Gonzalez McCotter and agree to the resolution, H. Res. 759. Brown, Corrine Goode McCrery NOT VOTING—18 Brown-Waite, Goodlatte McDermott The question was taken; and (two- Ginny Gordon McGovern Alexander Hulshof Marshall Carson Hunter Paul thirds being in the affirmative) the Buchanan Granger McHenry Cubin Jefferson Simpson Burgess Graves McHugh rules were suspended and the resolu- Culberson Jindal Stark Burton (IN) Green, Al McIntyre tion was agreed to. Deal (GA) Kucinich Weller Butterfield Green, Gene McKeon Hinojosa Levin Wilson (OH) A motion to reconsider was laid on Buyer Grijalva McMorris the table. Calvert Gutierrez Rodgers b 1648 Camp (MI) Hall (NY) McNerney f Campbell (CA) Hall (TX) McNulty So (two-thirds being in the affirma- Cannon Hare Meek (FL) tive) the rules were suspended and the ANNOUNCEMENT BY THE SPEAKER Cantor Harman Meeks (NY) PRO TEMPORE Capito Hastert Melancon bill was passed. Capps Hastings (FL) Mica The result of the vote was announced The SPEAKER pro tempore. Pursu- Capuano Hastings (WA) Michaud as above recorded. ant to clause 8 of rule XX, proceedings Cardoza Hayes Miller (FL) A motion to reconsider was laid on will resume on motions to suspend the Carnahan Heller Miller (MI) Carney Hensarling Miller (NC) the table. rules previously postponed. Carter Herger Miller, Gary Votes will be taken in the following Castle Herseth Sandlin Miller, George f order: Castor Higgins Mitchell MICHAEL W. SCHRAGG POST H.R. 3307, by the yeas and nays; Chabot Hill Mollohan Chandler Hinchey Moore (KS) OFFICE BUILDING H.R. 3446, by the yeas and nays; Clarke Hirono Moore (WI) H. Res. 778, by the yeas and nays. Clay Hobson Moran (KS) The SPEAKER pro tempore. The un- The first electronic vote will be con- Cleaver Hodes Moran (VA) finished business is the vote on the mo- ducted as a 15-minute vote. Remaining Clyburn Hoekstra Murphy (CT) tion to suspend the rules and pass the Coble Holden Murphy, Patrick bill, H.R. 3446, on which the yeas and electronic votes will be conducted as 5- Cohen Holt Murphy, Tim minute votes. Cole (OK) Honda Murtha nays were ordered. Conaway Hooley Musgrave The Clerk read the title of the bill. f Conyers Hoyer Myrick The SPEAKER pro tempore. The Cooper Inglis (SC) Nadler DENNIS P. COLLINS POST OFFICE Costa Inslee Napolitano question is on the motion offered by BUILDING Costello Israel Neal (MA) the gentleman from Missouri (Mr. Courtney Issa Neugebauer CLAY) that the House suspend the rules The SPEAKER pro tempore. The un- Cramer Jackson (IL) Nunes and pass the bill, H.R. 3446. finished business is the vote on the mo- Crenshaw Jackson-Lee Oberstar Crowley (TX) Obey This will be a 5-minute vote. tion to suspend the rules and pass the Cuellar Johnson (GA) Olver The vote was taken by electronic de- bill, H.R. 3307, on which the yeas and Cummings Johnson (IL) Ortiz vice, and there were—yeas 415, nays 0, nays were ordered. Davis (AL) Johnson, E. B. Pallone not voting 17, as follows: The Clerk read the title of the bill. Davis (CA) Johnson, Sam Pascrell Davis (IL) Jones (NC) Pastor [Roll No. 1019] The SPEAKER pro tempore. The Davis (KY) Jones (OH) Payne YEAS—415 question is on the motion offered by Davis, David Jordan Pearce the gentleman from Missouri (Mr. Davis, Lincoln Kagen Pence Abercrombie Barrett (SC) Bishop (UT) Davis, Tom Kanjorski Perlmutter Ackerman Barrow Blackburn CLAY) that the House suspend the rules DeFazio Kaptur Peterson (MN) Aderholt Bartlett (MD) Blumenauer and pass the bill, H.R. 3307. DeGette Keller Peterson (PA) Akin Barton (TX) Blunt The vote was taken by electronic de- Delahunt Kennedy Petri Allen Bean Boehner vice, and there were—yeas 414, nays 0, DeLauro Kildee Pickering Altmire Becerra Bonner Dent Kilpatrick Pitts Andrews Berkley Bono not voting 18, as follows: Diaz-Balart, L. Kind Platts Arcuri Berman Boozman [Roll No. 1018] Diaz-Balart, M. King (IA) Poe Baca Berry Boren Dicks King (NY) Pomeroy Bachmann Biggert Boswell YEAS—414 Dingell Kingston Porter Bachus Bilbray Boucher Abercrombie Akin Andrews Doggett Kirk Price (GA) Baird Bilirakis Boustany Ackerman Allen Arcuri Donnelly Klein (FL) Price (NC) Baker Bishop (GA) Boyd (FL) Aderholt Altmire Baca Doolittle Kline (MN) Pryce (OH) Baldwin Bishop (NY) Boyda (KS)

VerDate Aug 31 2005 03:40 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\H30OC7.REC H30OC7 mmaher on MIKETEMP with CONG-REC-ONLINE October 30, 2007 CONGRESSIONAL RECORD — HOUSE H12207 Brady (PA) Gilchrest McCarthy (CA) Saxton Space Walden (OR) Brady (TX) Gingrey McDermott Brady (TX) Gillibrand McCarthy (NY) Schakowsky Spratt Walsh (NY) Braley (IA) Gohmert McGovern Braley (IA) Gingrey McCaul (TX) Schiff Stark Walz (MN) Broun (GA) Gonzalez McHenry Broun (GA) Gohmert McCollum (MN) Schmidt Stearns Wamp Brown (SC) Goode McHugh Brown (SC) Gonzalez McCotter Schwartz Stupak Wasserman Brown, Corrine Goodlatte McIntyre Brown, Corrine Goode McCrery Scott (GA) Sullivan Schultz Brown-Waite, Gordon McKeon Brown-Waite, Goodlatte McDermott Scott (VA) Sutton Waters Ginny Granger McMorris Ginny Gordon McGovern Sensenbrenner Tancredo Watson Buchanan Graves Rodgers Serrano Tanner Burgess Green, Al McNerney Buchanan Granger McHenry Watt Sessions Tauscher Burton (IN) Green, Gene McNulty Burgess Graves McHugh Waxman Burton (IN) Green, Al McIntyre Sestak Taylor Butterfield Grijalva Meek (FL) Weiner Butterfield Green, Gene McKeon Shadegg Terry Buyer Gutierrez Meeks (NY) Welch (VT) Buyer Grijalva McMorris Shays Thompson (CA) Calvert Hall (NY) Melancon Weldon (FL) Calvert Gutierrez Rodgers Shea-Porter Thompson (MS) Camp (MI) Hall (TX) Mica Westmoreland Camp (MI) Hall (NY) McNerney Sherman Thornberry Campbell (CA) Hare Michaud Campbell (CA) Hall (TX) McNulty Shimkus Tiahrt Wexler Cannon Harman Miller (FL) Cannon Hare Meek (FL) Shuler Tiberi Whitfield Cantor Hastert Miller (MI) Cantor Harman Meeks (NY) Shuster Tierney Wicker Capito Hastings (FL) Miller (NC) Capito Hastert Melancon Sires Towns Wilson (NM) Capps Hastings (WA) Miller, Gary Capps Hastings (FL) Mica Skelton Tsongas Wilson (SC) Capuano Hayes Miller, George Capuano Hastings (WA) Michaud Slaughter Turner Wolf Cardoza Heller Mitchell Cardoza Hayes Miller (FL) Smith (NE) Udall (CO) Woolsey Carnahan Hensarling Mollohan Carnahan Heller Miller (MI) Smith (NJ) Udall (NM) Wu Carney Herger Moore (KS) Carney Hensarling Miller (NC) Smith (TX) Upton Wynn Carter Herseth Sandlin Moore (WI) Carter Herger Miller, Gary Smith (WA) Van Hollen Yarmuth Castle Higgins Moran (KS) ´ Castle Herseth Sandlin Miller, George Snyder Velazquez Young (AK) Chabot Hill Moran (VA) Solis Castor Higgins Mitchell Visclosky Young (FL) Chandler Hinchey Murphy (CT) Chabot Hill Mollohan Souder Walberg Clarke Hobson Murphy, Patrick Clay Hodes Murphy, Tim Chandler Hinchey Moore (KS) NOT VOTING—17 Clarke Hirono Moore (WI) Cleaver Hoekstra Murtha Clay Hobson Moran (KS) Alexander Hulshof Marshall Clyburn Holden Musgrave Coble Holt Myrick Cleaver Hodes Moran (VA) Carson Jefferson Paul Cohen Honda Nadler Clyburn Hoekstra Murphy (CT) Cubin Jindal Simpson Cole (OK) Hooley Napolitano Coble Holden Murphy, Patrick Culberson Johnson, Sam Weller Conaway Hoyer Neal (MA) Cohen Holt Murphy, Tim Deal (GA) Kucinich Wilson (OH) Conyers Hunter Neugebauer Cole (OK) Honda Murtha Hinojosa Levin Cooper Inglis (SC) Nunes Conaway Hooley Musgrave ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Costa Inslee Oberstar Conyers Hoyer Myrick Costello Israel Obey Cooper Hunter Nadler The SPEAKER pro tempore (during Courtney Issa Olver Costa Inglis (SC) Napolitano the vote). Members are advised there Cramer Jackson (IL) Ortiz Costello Inslee Neal (MA) are 2 minutes remaining in this vote. Crenshaw Jackson-Lee Pallone Courtney Neugebauer Israel Crowley (TX) Pascrell Cramer Issa Nunes b 1656 Cuellar Johnson (GA) Pastor Crenshaw Jackson (IL) Oberstar Cummings Johnson (IL) Payne Crowley Jackson-Lee Obey So (two-thirds being in the affirma- Davis (AL) Johnson, E. B. Pearce Cuellar (TX) Olver tive) the rules were suspended and the Davis (CA) Jones (NC) Pence Cummings Johnson (GA) Ortiz bill was passed. Davis (IL) Jones (OH) Perlmutter Davis (AL) Johnson (IL) Pallone Davis (KY) Jordan Peterson (MN) Davis (CA) Johnson, E. B. Pascrell The result of the vote was announced Davis, David Kagen Peterson (PA) Davis (IL) Jones (NC) Pastor as above recorded. Davis, Lincoln Kanjorski Petri Davis (KY) Jones (OH) Payne A motion to reconsider was laid on Davis, Tom Keller Pickering Davis, David Jordan Pearce the table. DeFazio Kennedy Pitts Davis, Lincoln Kagen Pence DeGette Kildee Platts Davis, Tom Kanjorski Perlmutter f Delahunt Kilpatrick Poe DeFazio Kaptur Peterson (MN) DeLauro Kind Pomeroy DeGette Keller Peterson (PA) Dent King (IA) Porter Delahunt Kennedy Petri HONORING THE FIRST RESPOND- Diaz-Balart, L. King (NY) Price (GA) DeLauro Kildee Pickering ERS AND SUPPORTING THE VIC- Diaz-Balart, M. Kingston Price (NC) Dent Kilpatrick Pitts TIMS OF THE SOUTHERN CALI- Dicks Kirk Pryce (OH) Diaz-Balart, L. Kind Platts FORNIA WILDFIRES Dingell Klein (FL) Putnam Diaz-Balart, M. King (IA) Poe Doggett Kline (MN) Radanovich Dicks King (NY) Pomeroy The SPEAKER pro tempore. The un- Donnelly Knollenberg Rahall Dingell Kingston Porter finished business is the vote on the mo- Doolittle Kuhl (NY) Ramstad Doggett Kirk Price (GA) Doyle LaHood Rangel Donnelly Klein (FL) Price (NC) tion to suspend the rules and agree to Drake Lamborn Regula Doolittle Kline (MN) Pryce (OH) the resolution, H. Res. 778, on which Dreier Lampson Rehberg Doyle Knollenberg Putnam the yeas and nays were ordered. Duncan Langevin Reichert Drake Kuhl (NY) Radanovich Edwards Lantos Renzi Dreier LaHood Rahall The Clerk read the title of the resolu- Ehlers Larsen (WA) Reyes Duncan Lamborn Ramstad tion. Ellison Larson (CT) Reynolds Edwards Lampson Rangel The SPEAKER pro tempore. The Ellsworth Latham Richardson Ehlers Langevin Regula question is on the motion offered by Emanuel LaTourette Rodriguez Ellison Lantos Rehberg Emerson Lee Rogers (AL) Ellsworth Larsen (WA) Reichert the gentleman from Missouri (Mr. Engel Lewis (CA) Rogers (KY) Emanuel Larson (CT) Renzi CLAY) that the House suspend the rules English (PA) Lewis (GA) Rogers (MI) Emerson Latham Reyes and agree to the resolution, H. Res. 778. Eshoo Lewis (KY) Rohrabacher Engel LaTourette Reynolds Etheridge Linder Ros-Lehtinen English (PA) Lee Richardson This will be a 5-minute vote. Everett Lipinski Roskam Eshoo Lewis (CA) Rodriguez The vote was taken by electronic de- Fallin LoBiondo Ross Etheridge Lewis (GA) Rogers (AL) vice, and there were—yeas 409, nays 0, Farr Loebsack Rothman Everett Lewis (KY) Rogers (KY) not voting 23, as follows: Fattah Lofgren, Zoe Roybal-Allard Fallin Linder Rogers (MI) Feeney Lowey Royce Farr Lipinski Rohrabacher [Roll No. 1020] Ferguson Lucas Ruppersberger Fattah LoBiondo Ros-Lehtinen YEAS—409 Filner Lungren, Daniel Rush Feeney Loebsack Roskam Flake E. Ryan (OH) Ferguson Lofgren, Zoe Ross Abercrombie Barrow Blackburn Forbes Mack Ryan (WI) Filner Lowey Rothman Ackerman Bartlett (MD) Blumenauer Fortenberry Mahoney (FL) Salazar Flake Lucas Roybal-Allard Aderholt Barton (TX) Blunt Fossella Maloney (NY) Sali Forbes Lungren, Daniel Royce Akin Bean Boehner Foxx Manzullo Sa´ nchez, Linda Fortenberry E. Ruppersberger Allen Becerra Bonner Frank (MA) Marchant T. Fossella Lynch Rush Altmire Berkley Bono Franks (AZ) Markey Sanchez, Loretta Foxx Mack Ryan (OH) Andrews Berman Boozman Frelinghuysen Matheson Sarbanes Frank (MA) Mahoney (FL) Ryan (WI) Arcuri Berry Boren Gallegly Matsui Saxton Franks (AZ) Maloney (NY) Salazar Baca Biggert Boswell Garrett (NJ) McCarthy (CA) Schakowsky Frelinghuysen Manzullo Sali Bachus Bilbray Boucher Gerlach McCaul (TX) Schiff Gallegly Marchant Sa´ nchez, Linda Baird Bilirakis Boustany Giffords McCollum (MN) Schmidt Garrett (NJ) Markey T. Baker Bishop (GA) Boyd (FL) Gilchrest McCotter Schwartz Gerlach Matheson Sanchez, Loretta Baldwin Bishop (NY) Boyda (KS) Gillibrand McCrery Scott (GA) Giffords Matsui Sarbanes Barrett (SC) Bishop (UT) Brady (PA)

VerDate Aug 31 2005 03:40 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\H30OC7.REC H30OC7 mmaher on MIKETEMP with CONG-REC-ONLINE H12208 CONGRESSIONAL RECORD — HOUSE October 30, 2007 Scott (VA) Stupak Walz (MN) REMOVAL OF NAME OF MEMBER our country and to our Armed Forces, Sensenbrenner Sullivan Wamp AS COSPONSOR OF H.R. 3547 honors women, recognizes fathers, and Serrano Sutton Wasserman Sessions Tancredo Schultz Mr. WYNN. Mr. Speaker, I ask unani- reminds us of our national motto ‘‘In Sestak Tanner Waters mous consent that my name be re- God We Trust’’ is un-American and, Shadegg Tauscher Watson frankly, it’s stupid. Shays Taylor moved as a cosponsor of H.R. 3547. Watt I’ve been to funerals at national Shea-Porter Terry Waxman The SPEAKER pro tempore. Is there Sherman Thompson (CA) cemeteries of fallen troops from my Weiner objection to the request of the gen- Shimkus Thompson (MS) Welch (VT) district. I’ve heard the recitation of the Shuler Thornberry tleman from Maryland? Shuster Tiahrt Weldon (FL) There was no objection. meaning of each fold. I’ve watched Westmoreland tearful mothers and fathers and Sires Tiberi f Skelton Tierney Wexler spouses hold that flag next to their Slaughter Towns Whitfield REMOVAL OF NAME OF MEMBER chest, grateful for every fold. Smith (NE) Tsongas Wicker AS COSPONSOR OF H.R. 3547 Smith (NJ) Turner Wilson (NM) The Washington bureaucrat that Smith (TX) Udall (CO) Wilson (SC) Ms. JACKSON-LEE of Texas. Mr. issued this absurd ruling should with- Smith (WA) Udall (NM) Wolf Speaker, I ask unanimous consent that draw the ban. It’s unpatriotic, irrev- Snyder Upton Woolsey erent and disrespectful of our war dead. Solis Van Hollen Wu I have my name removed as a cospon- Souder Vela´ zquez Wynn sor of H.R. 3547. And that’s just the way it is. Space Visclosky Yarmuth The SPEAKER pro tempore. Is there f Spratt Walberg Young (AK) objection to the request of the gentle- Stark Walden (OR) INTERNET TAXATION Young (FL) woman from Texas? Stearns Walsh (NY) MORATORIUM There was no objection. NOT VOTING—23 f (Ms. JACKSON-LEE of Texas asked Alexander Hirono Lynch and was given permission to address Bachmann Hulshof Marshall SCHEDULE FOR THE REMAINDER the House for 1 minute and to revise Carson Jefferson McCarthy (NY) OF THIS WEEK Castor Jindal Paul and extend her remarks.) Cubin Johnson, Sam Simpson (Mr. SHIMKUS asked and was given Ms. JACKSON-LEE of Texas. Mr. Culberson Kaptur Weller permission to address the House for 1 Speaker, today on the floor of the Deal (GA) Kucinich Wilson (OH) Hinojosa Levin minute and to revise and extend his re- House we addressed the question of marks.) Internet taxation moratorium, a bill ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Mr. SHIMKUS. Mr. Speaker, I’d like that came out of my House Judiciary The SPEAKER pro tempore (during to address the schedule for the rest of Committee, the Judiciary Committee the vote). Members are advised there this week. Regular Members don’t have which I sit on under the leadership of are 2 minutes remaining in this vote. a chance to talk. It’s usually the ma- JOHN CONYERS. b 1703 jority leader and our chief deputy Because I was unavoidably detained, whip. But I did this a couple of weeks I wanted to congratulate the passage of So (two-thirds being in the affirma- ago when we left at 5 o’clock. Today this bill and to support the morato- tive) the rules were suspended and the it’s another 5 o’clock ending session. rium as relates to grandfathering in resolution was agreed to. We have really three bills left to ad- those States that already had the utili- The result of the vote was announced dress this week, the Hard Rock Mining zation of Internet taxation, such as my as above recorded. and Reclamation Act, which we could State of Texas. A motion to reconsider was laid on do tonight, Trade Globalization Assist- We know that this will take a long the table. ance Act, which we could do tomorrow debate on this question. We understand f morning, and we could appoint our con- that there are issues on both sides. ferees tomorrow morning, mid-after- Those who are in the Internet super- PERSONAL EXPLANATION noon, which would allow many Mem- highway, who want a free flowing of in- Mr. STUPAK. Mr. Speaker, today I bers to be able to get home with their formation and ability to buy and sell, was detained and unable to vote on the family. that is a reasonable request. final passage of the Small Business I have an 8-year-old son. It might be But we also know that more and Contracting Program Improvements nice to go trick-or-treating with him. more Americans will be moving toward Act. There’s no reason we have to be here Internet shopping and utilization, and Had I been present, I would have for 2 days to conduct this type of work. for many local jurisdictions and voted ‘‘yes’’ on H.R. 3867, the Small I’m embarrassed for this House and the States, this is a source of income that Business Contracting Program Im- time spent here doing no work. is well needed for health care and edu- provements Act, House rollcall vote f cation. I support the Internet resolution that 1017. FLAG CONTROVERSY AT passed today, and I am grateful for the f NATIONAL CEMETERIES grandfathering of the State of Texas. REMOVAL OF NAME OF MEMBER (Mr. POE asked and was given per- f AS COSPONSOR OF H.R. 3547 mission to address the House for 1 minute.) REMOVAL OF NAME OF MEMBER Mr. SCOTT of Georgia. Mr. Speaker, Mr. POE. Mr. Speaker, when a vet- AS COSPONSOR OF H.R. 3547 I ask unanimous consent that my name eran is buried in one of our national Mr. BISHOP of Georgia. Mr. Speaker, be removed as a cosponsor of H.R. 3547. cemeteries, the flag draped over the I ask unanimous consent that my name The SPEAKER pro tempore (Mr. warrior’s coffin is neatly folded and be removed as a cosponsor of H.R. 3547. SALAZAR). Is there objection to the re- given to the warrior’s family. As the The SPEAKER pro tempore (Mr. quest of the gentleman from Georgia? flag is folded, a statement is made as MCNERNEY). Is there objection to the There was no objection. to what each fold represents. Two of request of the gentleman from Geor- f the folds refer to Jews and Christians gia? in our military. But that ceremony has There was no objection. REMOVAL OF NAME OF MEMBER been sabotaged by the National Ceme- f AS COSPONSOR OF H.R. 3547 tery Administration. Some bureaucrat Mr. CUMMINGS. Mr. Speaker, I ask banned the recitation of the meaning SPECIAL ORDERS that my name be removed as a cospon- of the folds in the flag at all national The SPEAKER pro tempore. Under sor of H.R. 3547. cemeteries because someone com- the Speaker’s announced policy of Jan- The SPEAKER pro tempore. Is there plained about the ceremony being reli- uary 18, 2007, and under a previous objection to the request of the gen- gious. order of the House, the following Mem- tleman from Maryland? To ban this time-honored tradition bers will be recognized for 5 minutes There was no objection. which recognizes life, gives tribute to each.

VerDate Aug 31 2005 03:40 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\H30OC7.REC H30OC7 mmaher on MIKETEMP with CONG-REC-ONLINE October 30, 2007 CONGRESSIONAL RECORD — HOUSE H12209 The SPEAKER pro tempore. Under a There was no answer for why individ- tleman from Washington (Mr. previous order of the House, the gen- uals in Secretary Rice’s own depart- HASTINGS) is recognized for 5 minutes. tleman from Texas (Mr. POE) is recog- ment, such as Stuart Bowen, the Spe- (Mr. HASTINGS of Washington ad- nized for 5 minutes. cial Inspector General for Iraq Recon- dressed the House. His remarks will ap- (Mr. POE addressed the House. His struction, have described U.S. pear hereafter in the Extensions of Re- remarks will appear hereafter in the anticorruption programs as lacking a marks.) Extensions of Remarks.) strategic plan and corruption levels f amounting to a ‘‘secondary insur- f 2007 COMMEMORATIVE COINS: LIT- The SPEAKER pro tempore. Under a gency’’ that threatens to undermine U.S. and Iraqi efforts to build a stable TLE ROCK CENTRAL HIGH previous order of the House, the gentle- SCHOOL DESEGREGATION AND woman from California (Ms. WOOLSEY) democracy. There was no answer for why, accord- JAMESTOWN 400TH ANNIVER- is recognized for 5 minutes. SARY (Ms. WOOLSEY addressed the House. ing to a recent Government Account- Her remarks will appear hereafter in ability Office report, the United States The SPEAKER pro tempore. Under a the Extensions of Remarks.) Embassy in Baghdad, ‘‘does not have a previous order of the House, the gen- firm plan or strategy for addressing the tleman from Arkansas (Mr. SNYDER) is f next steps in the development of the recognized for 5 minutes. The SPEAKER pro tempore. Under a system,’’ despite the substantial U.S. Mr. SNYDER. Mr. Speaker, passion previous order of the House, the gen- investment. for collecting things as children is tleman from North Carolina (Mr. There was no answer for why Sec- something that we have all gone JONES) is recognized for 5 minutes. retary Rice has permitted contractors (Mr. JONES of North Carolina ad- through. Each of us has perhaps col- in Iraq, such as Blackwater, to escape dressed the House. His remarks will ap- lected coins or stamps. Not everyone justice for crimes they have allegedly collects stamps, not everyone collects pear hereafter in the Extensions of Re- committed, blaming it on simply a marks.) coins, not everyone collects insects; hole in the United States law, while but all of us appreciate the value of f providing them with the stamp of im- courage. And I rise tonight, Mr. Speak- PRESIDENT BUSH’S SUPPLE- punity. er, to talk about a coin that is now MENTAL $200 BILLION REQUEST And finally, Mr. Speaker, Secretary available for sale on the usmint.gov IS A STEP IN THE WRONG DI- Rice provided us with no answer for Web site, the commemorative coin RECTION why, despite the United States spend- honoring the bravery and courage and ing over $300 million in taxpayer dol- The SPEAKER pro tempore. Under a great public service of the Little Rock lars during the course of 2 years to im- previous order of the House, the gen- Nine, the nine African American stu- prove the capacity of Iraq’s ministries. tleman from Maryland (Mr. CUMMINGS) dents that desegregated Little Rock And with $255 million more sought for is recognized for 5 minutes. Central High School in 1957. This year next year, progress has been stalled, Mr. CUMMINGS. Mr. Speaker, on is the 50th anniversary of their service. not only by poor security, but also by Monday, October 22, 2007, President This side of the coin depicts a group pervasive corruption, a shortage of Bush requested an additional $46 bil- of school children going to school with competent personnel and sectarian and lion for U.S. operations in Iraq and Af- no other purpose than to get educated political control of appointments. and act like kids. We sometimes forget ghanistan. This is on top of the origi- Yet, despite all of these short- nal $150.5 billion requested at the be- that the Little Rock Nine 50 years ago comings, despite State Department’s were kids. They were children, dem- ginning of Fiscal Year 2008, bringing lack of ability to forestall corruption onstrating great bravery in trying to the total amount requested to $196.4 in the Iraqi Government, despite its overcome the obstacles imposed by billion, more than 10 times the original mismanagement of paramilitary con- adults. And the coin on this side says 50 to $60 billion cost estimated by the tractors, and despite the President’s ‘‘Liberty.’’ The nine stars are to rep- White House in 2002. overall failed policy in Iraq, the Presi- resent the Little Rock Nine. And it A Congressional Budget Office, CBO, dent has come to Congress once again says: ‘‘Desegregation in Education, estimate that was released on October in the 11th hour requesting billions of 2007, In God We Trust.’’ 24 determined that the wars in Iraq and dollars more in funding for the wars The reverse side of this coin, it is a $1 Afghanistan could cost more than $2.4 both in Iraq and Afghanistan. trillion, amounting to nearly $8,000 for Mr. Speaker, under the presentment coin, depicts Little Rock Central High every American through the next dec- clause of the United States Constitu- School itself. It is still considered one ade. Notably, the war in Iraq accounts tion, Congress, having the power of the of the Nation’s most beautiful high for about 70 percent of the $2.4 trillion purse, has the responsibility to execute schools. cost estimate. fiscal constraint and fully investigate As you know, Mr. Speaker, each year Meanwhile, the administration is sat- such war funding requests, not to act the Congress may authorize two com- isfied with continuing our military op- with a rubber stamp, especially when memorative coins. One of the coins erations in Iraq, functioning on bor- the President refuses to provide ade- that we authorize for sale during cal- rowed time and largely borrowed quate health care funding for our Na- endar year 2007 is this coin honoring money. The result is a limited budget tion’s neediest children. the 50th anniversary of the desegrega- to advance our priorities at home, like Therefore, as we consider the Presi- tion of Little Rock Central High aiding the increasingly unstable real dent’s war budget request, we must lis- School. The other one was by the late estate market and providing adequate ten to the overwhelming majority of Representative Jo Ann Davis of Vir- health care for our children. the American people and challenge ginia honoring the 400th anniversary of Mr. Speaker, the war in Iraq con- President Bush to shift from failed the founding of Jamestown, our be- tinues to be mismanaged. As a senior policies in Iraq to a strategy that is loved colleague Jo Ann Davis, who remember of the Oversight and Govern- fundamentally diplomatic and weighs cently passed away. Both coins tell a ment Reform Committee, I received heavily on the assistance of the inter- wonderful story. testimony from Secretary Rice on Oc- national community. We owe this to I encourage the Members and encour- tober 25 regarding corruption in Iraq, over 3,800 brave soldiers who have lost age the public to go to the usmint.gov private contractors and the U.S. Em- their lives in Iraq to date. We also owe Web site and consider purchasing these bassy in Baghdad. Unfortunately, I this to our hardworking constituents coins as holiday presents, as a way to must say that I walked away with very whose tax dollars have in part contin- pass on the legacy of the story of the few answers. ued to fund the war in Iraq. bravery of these nine students deseg- There were very few, if any answers f regating Little Rock Central High at all, for why President Maliki issued School. an executive order to stay the corrup- b 1715 One of the reasons I am interested in tion investigation of his cousin, the The SPEAKER pro tempore. Under a these coins being purchased at the Minister of Transportation. previous order of the House, the gen- usmint.gov Web site is because $10 of

VerDate Aug 31 2005 03:40 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\H30OC7.REC H30OC7 mmaher on MIKETEMP with CONG-REC-ONLINE H12210 CONGRESSIONAL RECORD — HOUSE October 30, 2007 every coin purchased goes to support Billy always knew he was loved. His made it possible for him to pastor for telling that story of Little Rock Cen- growing years were strengthened by those 35 years. tral High School. It is now a national close knit families and communities. Even as Billy Boulware made himself historic site. The school is still func- And so when it came time for him to go available to his church family, he tioning, one of the great robust high to high school, a place where many chaired the Board of Trustees of schools in Arkansas. There is a na- come into themselves, Billy was al- Friendship College. He supported his tional park visitors center there. The ready poised to lead. wife’s dreams and encouraged his son, gas station that was there in 1957 has He attended Emmett Scott High Wendell, through his medical degree. been restored across the street. So School where he briefly played foot- He told his little girl, Dietra, that she many ways to this story, but they can ball, but found a zone of his own when was born to be more as he encouraged always use more money. There have he joined the school band. It was there her dream of working in the financial been about 160,000 or so of these coins that he gained an increased level of services industry. And when his daily sold, and $10 of every coin goes to help education and friends worth fighting guidance was no longer required, he tell this story. for. placed himself wherever his children And this is a beautiful coin. When Reverend Boulware was a son of the asked that he be. you see the coin itself, it’s just exquis- South, and Billy knew of the inequities Some might have viewed Billy as ite in the detail. It is a silver dollar that existed but refused to allow the being saddled with much too much; but and they make wonderful presents. anger and disappointment that over- as I remember his ever-present smile, But, more importantly, they make a took some to become the fabric of his the enthusiasm you could hear in his wonderful way of telling the legacy and being. Instead, he clung to the lessons voice, and the laughter that came from telling the story of the bravery and learned at home, the wonder of edu- him when he spoke of a trip just taken courage of these nine children that are cating himself, the promise he saw in with Barbara to visit his grandchildren now adults, in their 60s, who overcame his friends, the people living lives of or hearing him speak passionately of the prejudices that involved segrega- purpose, and of a love of life’s journeys. why grandparents matter in children’s tion of schools in 1957. Billy attended Friendship Junior Col- lives, I know Billy Boulware was ‘‘sad- lege and later Benedict College, where f dled’’ with nothing but the heart of he received his bachelor of arts degree, love. The SPEAKER pro tempore. Under a then Winthrop College, where he got previous order of the House, the gen- Billy was a man among men. He was his master’s. Later he would gain a a giant to his Barbara, Wendell, and tleman from Indiana (Mr. BURTON) is master of divinity and doctorate of di- recognized for 5 minutes. Dietra, and to the rest of his family as vinity from Mid-Atlantic Seminary. well. He cared for his uncles, his aunts, (Mr. BURTON of Indiana addressed A desire to learn and the warmth and the House. His remarks will appear his cousins, and would do anything he smile that greeted everyone he met could to ensure all thrived. Billy’s hereafter in the Extensions of Re- were Billy’s hallmarks and trade- marks.) presence made you smile, and his marks. When you met Billy Boulware, laughter made you warm. His sure- f you knew instantly there was nothing footedness made you steadier, and the The SPEAKER pro tempore. Under a to fear. His welcoming spirit enveloped pride he expressed in me called me to previous order of the House, the gentle- a room. Perhaps that’s why he became work deliberately and with greater woman from New York (Mrs. MCCAR- a director of a Head Start program, an purpose. THY) is recognized for 5 minutes. initiative that seeks to provide chil- This world has lost a great somebody in the (Mrs. MCCARTHY of New York ad- dren good beginnings, or why he was being that was Billy Boulware. But there is no dressed the House. Her remarks will chosen to direct an alternative high question in my mind that on October 29, 2007, appear hereafter in the Extensions of school in Rock Hill, a place where the the day Billy went home to his Father, there Remarks.) young are sent in the hopes that they was great fanfare. He was greeted with the f might be reshaped, redirected, and words, ‘‘Well done my good and faithful serv- The SPEAKER pro tempore. Under a shown their promise. ant, well done!’’ previous order of the House, the gen- And ever the student, my cousin The greatest part of Billy Boulware still lives Billy was also an assistant principal at tleman from Pennsylvania (Mr. PETER- in all the persons whose lives he changed, Castle Heights Middle School, dem- SON) is recognized for 5 minutes. and all the lives they changed, and the greater (Mr. PETERSON of Pennsylvania ad- onstrating by example of his own life sense of humanity that exists because Billy that it’s not necessarily the position dressed the House. His remarks will ap- lived. Until we meet again, let this CONGRES- you are in, but the character that lives pear hereafter in the Extensions of Re- SIONAL RECORD stand as testimony that Billy marks.) inside the person holding whatever po- Boulware was a great and faithful servant of sition. God. Billy didn’t just up space, he made a way f Later Rev. Boulware held positions of The SPEAKER pro tempore. Under a for some, and broadened the horizon for many commissioner of mental health, direc- many more!!!! previous order of the House, the gen- tor of the York County Planning Com- tleman from Indiana (Mr. PENCE) is mission, head of the Board of Elections f recognized for 5 minutes. for York County, hearing officer for The SPEAKER pro tempore. Under a (Mr. PENCE addressed the House. His the Rock Hill Hearing District, and a previous order of the House, the gentle- remarks will appear hereafter in the York County judge. Billy knew he woman from California (Ms. WATERS) is Extensions of Remarks.) couldn’t guarantee things, but he knew recognized for 5 minutes. (Ms. WATERS addressed the House. f he could play a part in the administration of justice. Time and again Billy Her remarks will appear hereafter in THE MAN CALLED BILLY chose to serve the people of his commu- the Extensions of Remarks.) The SPEAKER pro tempore. Under a nity. And all the while he maintained f previous order of the House, the gen- his interest in education sitting as a b 1730 tleman from New York (Mr. MEEKS) is member of the board for Morris Col- recognized for 5 minutes. lege. TREASURY SECRETARY PAULSON Mr. MEEKS of New York. Mr. Speak- There was no question that Billy AND THE SUBPRIME MARKET er, it is with a sad heart that I address knew love both at home and through The SPEAKER pro tempore. Under a the House of Representatives this the Holy Spirit. So it was really a con- previous order of the House, the gentle- evening. tinuation of his life’s journey when he woman from Ohio (Ms. KAPTUR) is rec- My cousin, the Reverend Willie assumed the pastoral duties at Mount ognized for 5 minutes. ‘‘Billy’’ Boulware, was born on August Olive Baptist Church. His love of God Ms. KAPTUR. Mr. Speaker, there was 4, 1938, to the late Roscoe Meeks and and his desire to live a committed life, an article recently in Information Thomasina Boulware. He passed just buttressed by the love of his wife, Bar- Clearing House urging our country’s yesterday. bara, his love and partner for 45 years, leaders to exhibit leadership in these

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Part of the The topic I want to discuss is the Street that prove the trouble in our problem for banks is the result of an proposed expansion of the State Chil- credit markets have not been relieved almost two-decade drop in loan loss re- dren’s Health Insurance Program, what by the Fed’s rate cuts. The Dow Jones serves.’’ That’s the fault of this Con- you have commonly heard referred to slipped 367 points on the 20th anniver- gress, it’s the fault of the Treasury, as SCHIP. That’s a program that was sary of Black Monday, the stock mar- and the fault of the Federal Reserve. created a number of years ago, and the ket’s biggest 1-day loss in history. And The present gang of Wall Street war- President has put on the table some pain the past week or so, Asian markets lords have transformed the world’s rameters about how to renew the pro- have plunged. Stocks are down sharply most transparent and resilient market, gram, but the Democrats have decided, in Japan, Australia, Hong Kong, Indo- our own, into an opaque galaxy of com- no, we need to dramatically expand the nesia, the Philippines, Taiwan, and plex dead instruments and shady, off- program. And I think it’s important to South Korea. And there are ongoing balance sheet operations. It’s no better discuss these issues and for the Amer- problems being caused by what is hap- than a carnival shell game. ican people to understand what is in- pening in our subprime housing lending As the banks continue to get rocked volved. market. from explosions in the housing indus- But on this one, I think it’s more im- ‘‘The sudden downturn in our stock try, the unwinding derivatives and portant than usual. And I think a way market has provided a fitting backdrop carry trades will precipitate a mass ex- to illustrate that is that very recently for Treasury Secretary Paulson’s ap- odus from the equities markets. And a Republican colleague of mine was pearance at the G–7 meetings here in we know that with surging oil and food stopped by a reporter here on Capitol Washington. Paulson has largely prices, it’s bearing down heavily on the Hill. The reporter said to him, hey, shrugged off the decline in housing and American people as their discretionary how can Republicans possibly vote the growing volatility in the equities income vanishes from increasing infla- against the State Children’s Health In- markets. tion and shrinking home equity. Wages surance Program? And the reporter ‘‘What everyone at the meetings real- have remained stagnant while personal was incredulous at this thought, given ly wanted to know was why the United savings have fallen to negative levels. that it’s a health insurance for chil- States destabilized the global economic The aftershock from Alan Green- dren and that its title said it’s the system by selling hundreds of billions span’s cheap credit policies will be felt State Children’s Health Insurance Pro- of dollars of worthless mortgage- for decades. Record trade imbalances gram, how is it the Republicans backed securities to banks and pension give further evidence of our situation. thought they could vote against a bill funds around the world. ‘‘Aren’t there And no country has ever devalued its with that title? Well, fortunately, my any regulations in the United States,’’ way to prosperity. As our dollar falls colleague, who was quick of mind, said, they asked? ‘‘And how is Paulson going globally, destroying the dollar will ul- I think a better question is, how could to make amends to the institutions timately destroy our country. And it any Member of Congress vote for a bill and investors who lost their shirts in will destroy the value of savings, for based solely on its title? And, in fact, this massive mortgage scheme?’’ Un- those people in this country that do that’s what the Democrats are urging fortunately, the Treasury Secretary have savings. It will destroy the value us to do, vote for this dramatic expan- didn’t address any of these questions. of equity they’ve built up in their sion of this health care program just He offered no recommendations for fix- homes. It will destroy the value of eq- because its title indicates it’s for chil- ing the problem. Indeed, I can tell you uities of this country. dren. the Treasury Department isn’t even of- Global credit markets are now facing And in reality, you begin to take fering public television ads and com- unprecedented disruptions due to the apart the various levels of the onion, mercial ads in communities like my mortgage-derivatives fraud which the layers of the onion and examine own that are suffering under the originated here in this country before the program and you discover, well, it’s weight of these rising foreclosures. spreading across the world; $400 billion supposed to be an insurance plan for Last month’s net foreign influx of in asset-backed commercial paper has poor, uninsured children; and yet, if capital shows how quickly capital can failed to roll over, and the story is not you examine it, you discover that it’s evaporate when other countries lose over yet. not for poor or even near-poor, it’s not confidence in us. In fact, foreign inves- Mr. Speaker, leadership is critical in for uninsured and, in fact, it’s not even tors pulled $163 billion out of U.S. secu- times of economic crisis. Yet this Con- for children, a rather stunning provi- rities and treasuries in August alone. gress seems to be tiptoeing around the sion. You discover that it’s actually for Net capital inflows into our country magnitude of what is facing the people middle- to upper middle-income Ameri- have turned negative. And that’s of this country. This isn’t time for pre- cans, some of whose families make money that won’t be returning to the varication, obfuscation, or public rela- more than $60,000 a year, and in some United States until we get our act to- tions gimmicks by the Secretary of States their families make more than gether. Treasury or the Fed. We need leaders $80,000 a year. That’s hardly anybody’s This multitrillion-dollar subprime who will tell the truth and forestall the definition of poor. swindle was the greatest financial growing probability of social disorder. So, if it’s not for poor children, then fraud in history. But Paulson and his I commend this article to my col- one would think, well, it’s supposed to colleagues at the Fed continue to leagues and to the American people. be for uninsured children. And yet, you blame everyone else. No one in China f discover, no, as a matter of fact, 61 per- or Iran could have cooked up this cent of the children who originally be- structured finance rip-off which sent SCHIP came eligible for this program already millions of homeowners into fore- The SPEAKER pro tempore (Mr. had insurance. So, the program hasn’t closure, shattered 160 mortgage lend- MCNERNEY). Under the Speaker’s an- really been to help uninsured children, ers, and undermined the global banking nounced policy of January 18, 2007, the at least not initially, 61 percent of the system. That was the work of Wall gentleman from Arizona (Mr. SHADEGG) children who are eligible already had Street and their accomplices at the is recognized for 60 minutes as the des- private insurance, and they dropped Fed. ignee of the minority leader. that insurance to go on this govern- Another article appeared in the New Mr. SHADEGG. I want to take this ment program. York Times by economics reporter opportunity tonight to discuss one of Well, then you look at the CBO score Gretchen Morgenson. She calls her ar- the hottest topics here in Washington, of the current Democrat bill. And we ticle, ‘‘Get Ready for the Big Squeeze.’’ a topic that has occupied much of our ought to talk about how many times And she says, ‘‘Anyone who thinks time. It’s been an issue on which we they’ve brought this up and the Presi- we’ve hit bottom in the increasingly have debated and discussed exten- dent has vetoed it, and I know there

VerDate Aug 31 2005 03:40 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\H30OC7.REC H30OC7 mmaher on MIKETEMP with CONG-REC-ONLINE H12212 CONGRESSIONAL RECORD — HOUSE October 30, 2007 are some of my colleagues here who thought was, well, we will put off the derprivileged children has been hi- will discuss that, but the Congressional override vote and put these Congress- jacked, if you will. And on its back, on Budget Office scored the current pro- men under pressure to try to force the backs of our Nation’s children, on posal that’s before us, and CBO said them to vote for the State Children’s the backs of the children of the work- that one out of every two children who Health Insurance Program and override ing poor has been placed this expansion become eligible under the new bill, the President’s veto. Well, when the of health care. It truly shows a level of under the bill that Democrats would truth is on your side, when the facts disrespect toward the children of this have before us now, one out of every actually help you, when the facts point country. two will already have private health out that the program isn’t what its I appreciate the leadership that the insurance. One out of two new children title says it is, it isn’t really the gentleman from Arizona shows, not who become eligible for this program State’s Children’s Health Insurance only on this issue, but the leadership will already have private insurance. Program for poor and near-poor chil- he brings to our Republican Study And if they decide to drop that private dren who are uninsured, it actually Committee. And those of us who are insurance and go on the SCHIP pro- covers middle-income kids and not- speaking on the issue tonight are mem- gram, this Cuban-style, government- poor kids, it covers kids that are al- bers of the Republican Study Com- run program, well, half of those people ready insured and causes them to drop mittee. will have already had private insurance their private insurance, and it covers Mr. Speaker, on the topic of this and they will drop that insurance. adults, the delay didn’t help, and the SCHIP, you know, one of the things That opens the door for a discussion, delay caused more Americans to learn that the American people said was, we I think, about the fact that, and CBO about the bill. want to change the way things are estimates 2 million; if 2 million kids in But last week, on the last day we being done in Washington. We want America who have private insurance were here, once again the Democrat smaller government, we want govern- drop their private insurance to go on Party tried to stuff through a bill, ment to spend less money. So, we saw this new expanded government pro- without making any real changes to it, some changes take place last Novem- gram, the cost of that private insur- that had all these same flaws to it. And ber. And the new majority went into ance for everyone else will go up. So, so, I thought it was important that we control in January and they’ve author- let’s see: It’s not for poor or near-poor; should come to the floor and talk ized nearly $1 trillion in new spending it’s not for the uninsured. Surely, this about those issues. But there are actu- since the time that they took over. program must be for children because, ally more. I want to talk about the And, of course, we are hearing that after all, the Democrats are saying no- funding source. Because as challenging there are tax increases. One of the body can vote against a bill that’s and as, in fact, untrue as the claims chairmen of Ways and Means calls it called the State Children’s Health In- are about the bill covering poor chil- the ‘‘mother of all tax increases.’’ I surance Program, but. dren or uninsured children or even chil- take a little bit of offense to that, Voila, you discover, no, it’s not just dren, it turns out the funding mecha- being female. And also, when you talk for children. As a matter of fact, there nism is a scam as well. Actually, it’s about the mother of something, you are a number of States where there are got all kinds of budget gimmicks in it, worry about what the offspring are more adults on the State Children’s and it relies on certain things that going to look like, Mr. Speaker. And so Health Insurance Program than there simply will not come true and wouldn’t we are worried about what that tax bill are children on the program. As a mat- be good policy if they did to fund it. will look like. ter of fact, I think in Wisconsin, it’s 61 But before we move on to the funding But on SCHIP, as I said, unfortu- percent of the money is spent, not on issues in this bill, which I think is im- nately for America’s children, the lib- children, 61 percent of the SCHIP portant for the American people to eral leadership of this House decided money, State Children’s Health Insur- know about, I would like to give some that they were going to put on their ance Program money, 61 percent is of my colleagues here on the floor a back the burden of carrying this enor- spent on adults. I believe in Minnesota chance to talk about their view of the mous expansion of health care and it’s 75 percent of the money for the bill, why we do support health care for changing a block grant program into State Children’s Health Insurance Pro- poor and near-poor children, we do sup- an entitlement. That’s not the kind of gram is spent on adults. port health care for uninsured children, change the American people voted for. I looked at my own State. I thought, we just don’t want to do it for middle- Just like the American people didn’t you know, I’m in Arizona, I’m inter- income Americans. We don’t want to vote to have the single largest tax in- ested in what’s going on in Arizona. do it for those who already have insur- crease in history take place. Kind of a shocking fact I discovered, ance. As a matter of fact, I’ve had a Now, one of the interesting things and that is, Arizona had, at one point bill that I’ve introduced in this Con- about all of this is the SCHIP proposals in time, put 110,000 adults on the progress every year for the last 10 years to that have come out include allowing il- gram, but, and listen to this one, this give a refundable tax credit to every legal immigrants to get health care. is the State Children’s Health Insur- single American who can’t afford And I know we hear from the majority, ance Program, they put 110,000 adults health insurance and let them buy oh, that’s not going to happen. We have on the program, and 85,000 of those their own coverage. So, I support deal- eligibility requirements. But, Mr. adults were childless. They didn’t even ing with these kids who need care, but Speaker, I would direct my colleagues have a child. not in a way that deceives the public to either section 211 or section 605 of Now, unfortunately, there is no such about what we’re doing. the bill where it plainly states, and you thing as truth in legislating, so it’s I would be happy to yield to my col- can read it for yourself, anyone watch- okay to label a bill the State Chil- league to give us her perspective on ing could read that for themselves. dren’s Health Insurance Program and this important piece of legislation and They can look up H.R. 3963 or H.R. 976 have it intend to cover poor and near- help, perhaps, educate the American and see what is contained in that bill. poor uninsured children, and then to people about what this debate is and b 1745 dig into the weeds of the bill and read why we have the concerns we have and discover, well, it’s really not for about the bill. We know that this would result in poor and near-poor, it’s for upper- and Mrs. BLACKBURN. I thank the gen- $3.7 billion in new spending over a 10- upper middle-income Americans. It’s tleman from Arizona for yielding. year period of time if the new liberal not for the uninsured, at least in sev- Mr. Speaker, I am so pleased to be majority had its way. You can go into eral States, more than half are already able to stand here and talk for a few the allocation section, section 102 of uninsured. It’s not even for children. moments about the SCHIP proposals, the bill, and you can look at what is It’s for adults. And I think many or I should say the health care pro- going to take place when you get mid- Americans know that the President ve- posal, the expansion of health care that year 2012. Do you know what happens, toed this bill. And then the majority has been brought under the name of Mr. Speaker? All of a sudden, no party, the Democrats, decided to put SCHIP. It is, indeed, unfortunate that money. So what are you going to do, off the override vote. And their a fine program that is there to help un- throw 80 percent of the people off the

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I happen to not that they would pass legislation that not go to illegal aliens. They have re- think it is a good idea. would plan for it to fail. Then, as my jected that. They use the term ‘‘income Mr. Speaker, for anybody who just colleague has said, we have the prob- disregard.’’ What the heck is an income tuned in, I want to tell them where we lems with spending more, insuring less disregard? People in my congressional are. We are discussing the proposed ex- children, and not making available to district certainly don’t know what it pansion of the SCHIP program, a pro- the children truly that are eligible for is. But it is game-playing. gram that many of us are concerned is the program the opportunity to have This is one I love. And you used the a bill that we will be forced to vote for that access to affordable health care. phrase, why would anyone write a bill because of its title. It is supposed to be We could go on and on with the prob- and have it intentionally designed to a health care bill that provides health lems with this bill. I just find it so un- fail; have it through kind of shifty care to poor uninsured children. And it fortunate that in this day and in this means, through kind of squeaky word- turns out that it provides health care age that we would have the new major- ing, through provisions that you know not to poor children but to middle- and ity and the new leadership take a block won’t hold up, have the program de- upper-income children whose families grant program that is working well, signed to fail. I think you are referring are making 60 to $80,000 a year, in some that the States like and change it to to one part of the bill that I find fas- instances more. It turns out to cover an entitlement program that is put on cinating, and that is here as dem- not just uninsured children, but 61 per- auto pilot when we know some of the onstrated on this graph. cent of the people originally covered greatest pressures we have on our It turns out that for the first 5 years already had insurance, and that would budgeting process are on our entitle- of this program in the bill the majority displace them, causing the cost of pri- ment spending. has put together, the Democrats’ bill, vate insurance for the rest of us to go I thank the gentleman from Arizona they provide the funding for the pro- up. for yielding. I appreciate his leadership gram, for this new expanded SCHIP It turns out it was supposed to be for on the health care issues. I appreciate program. But we fund our bills over 10 children, and it is not actually for chil- his concern for how our constituents years. It turns out that because of dren. In some States, in Minnesota and continue to access health care in this their rules on budgeting that they have Wisconsin, there are more adults cov- country. Mr. SHADEGG. Reclaiming my time, to cut off funding, and in year 5, actu- ered than children and more money is I would like to just bring out a couple ally 6 months into year 5, 80 percent of spent on adults. Then the final point I was just mak- of the points that the gentlewoman the funding for the entire program goes ing, and I don’t know, I hope the cam- from Tennessee mentioned and drive away. It is kind of like Lucy and the era will get the cigarette cartons them home a little bit. I think the key football. They say, Well, we will fund it stacked in front of me, but one of the one you mentioned was coverage of il- for 5 years, and then we are going to funding mechanisms in the bill is an legal aliens. As I understand it, the take 80 percent of the funding away in way the bill is written, it, in fact, ap- year 5, and that way we will trick peo- increase in the cigarette tax. You pears to prohibit illegal aliens from ple and make it appear that we have might think that an increase in the being covered under the bill, but the the money to fund the program. cigarette tax is a good idea. But unfor- authors of the bill have conscien- But that is not even quite as fas- tunately it doesn’t do the trick because tiously, intentionally chosen vague cinating as one of the points I really the proposed increase in the cigarette language that would require virtually want to bring out tonight in this de- tax of 62 cents a pack, it turns out, will no proof of citizenship. Is that not cor- bate, and that is, one of the funding only work, it will only provide enough rect? Would you explain that? mechanisms of the bill is a 61 cent per- money to pay for the program called Mrs. BLACKBURN. Yes. If the gen- pack increase in the cigarette tax. for in the bill if an additional 22 mil- tleman will yield, and indeed that is Now, you might say, Look, smoking is lion, staggering, 22 million Americans correct. What you see is a play on bad for people. Smoking is a habit we take up smoking and pay the tax. words and how unfortunate that we should discourage. So I am all for in- So I thought to graphically illustrate have this disingenuous approach to creasing the tax on cigarettes. I that, I would get my staff to go out and this issue, have a play on words with wouldn’t have an argument with that. acquire 22 cartons of cigarettes. Well, the eligibility requirements and allow- But here is the problem, and this is we couldn’t afford the 22 cartons of ing, putting something in words and where we go to terms like ‘‘income dis- cigarettes so we just got the outside of then allowing a loophole. As I said, the regard’’ and, actually, not honestly the cartons. But here they are stacked two sections, sections 211 and 605, with confronting the funding of the bill. It in front of me. You might say, Why are that we can look at the income dis- turns out that for this 61 cent income, those cartons of cigarettes stacked in regards. or cigarette tax, to be sufficient to front of him? What’s the big deal Now, Mr. Speaker, how many people fund the bill, more people than cur- there? Doesn’t he like cigarette taxes? have ever said let’s have the income rently smoke would have to take up That is not the issue. The issue is if disregards when they are trying to de- the habit. As a matter of fact, the offi- each one of those cartons of cigarettes cide who goes on to a program? Well, I cial estimates are that to pay for the in front of me represents a million peo- had one of my constituents in my dis- bill with a cigarette tax increase that ple in America who don’t smoke today, trict come up, and they said, Tell me is in it, a staggering 22 million Ameri- a million Americans who don’t smoke what is an income disregard? I said, Do cans will need to take up smoking. today, who, in order to fund this bill you know what, an income disregard is Now, I thought, how can a graph and have enough money coming in when you do not consider the income. demonstrate 22 additional million based on their cigarette tax, will have And they said, How can that be for the Americans starting smoking? So I had to start smoking in order to pay for sake of considering SCHIP which is to my staff get 22 cartons of cigarettes. the bill? Maybe somebody thinks that be for children of the working poor? Here they are. We have got all 22 is good policy. Maybe somebody thinks And I said, Because you don’t want the stacked here. I would like to have them we ought to be encouraging people to income to matter. And if you don’t out there where you can see them. take up smoking and pay the 61 cent want the income to matter and you There are 22 cartons of cigarettes here. tax. I know my colleagues in Congress want to make it available to what the And each carton represents an addi- who are doctors probably don’t think IRS calls ‘‘high-income earners,’’ you tional 1 million nonsmokers in this that is a great idea. establish that doubletalk with income country who, to fund this bill if you I do have my colleague from Georgia disregards. leave it funded with the Democrat 61 here, Mr. WESTMORELAND. I would be

VerDate Aug 31 2005 03:40 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\H30OC7.REC H30OC7 mmaher on MIKETEMP with CONG-REC-ONLINE H12214 CONGRESSIONAL RECORD — HOUSE October 30, 2007 happy to let him give his comments on at a higher level of poverty, you can go done now. So I think that is the point the idea of 22 million new people start- on up the income scale, after you have that is so hard to get back to, is the ing smoking to pay for this bill that covered the poorest American children. point that we want to do this. The really isn’t for uninsured poor children. The President has proposed that, as President has increased the funding. Mr. WESTMORELAND. I appreciate well. But, you know what? It is one of the gentleman yielding. To get 22 mil- Mr. WESTMORELAND. That’s right. those things that I think the gen- lion people to smoke, I don’t know how That is a great point. The Republican tleman from Arizona said this in his much money we will have to appro- Congress, in 1997, when they came up opening comments, the name of the priate to a ‘‘get smoking campaign.’’ with this program, and they funded bill sounds so good. There are a lot of We have been spending millions and this program, it was a block grant to smart people up here that make these millions of dollars, as the gentleman the States. And they thought that the pieces of legislation have great names, from Arizona knows, trying to get peo- States would be there looking after that you just feel like I can’t vote ple to recognize the health effects of these children that belonged to fami- against this because of what it is cigarette smoking and to quit. So I lies under the 200 percent poverty level named. think for the Democrats to have this that didn’t have health insurance to This bill’s original intent was to help proposal, and I understood the gen- give them some affordable, or at least the children in families of four that tleman from Arizona to say, too, that some, health care. But what happened makes less than $42,000. We are now not only is the 61 cent cigarette tax is these States didn’t work hard trying to make it now where families misleading that it would fund the pro- enough to go out looking for these chil- that make up to $84,000 can taken their gram, that they have a cliff that this dren, so they said, Look, we’ll insure children off of private insurance and program falls off of after 5 years and 6 adults. immediately put them on this govern- months. ment program. b 1800 We have got the chart right here that Let me say this: I think this is the shows that this is really more smoke Then you learn from your mistakes. first step to national health care. I and mirrors trying to get around the This program has been going on 10 don’t know that that has been brought PAYGO in the fact that this is fully years, and I think the President and out enough. But if you go back and funded for the first 5 years and 6 the administration saw some of the er- look at the national health care pro- months, and then after that, it drops rors that were in this program and gram that the Clinton administration off about 80 percent. And you can see tried to correct them and want to cor- brought up in 1993, if you look at what over here the red line goes down. rect them in a new bill. one of the Presidential candidates said, Now, anybody who believes that we What it would do is say, look, all the if we can’t get the whole enchilada, should let these families get on this States are going to be at a 200 percent let’s try to do the kids first. This is health insurance program and then poverty level. What has happened is going back to that. pull the rug out from under them is not States such as New Jersey and others Mr. SHADEGG. Mr. Speaker, re- fair. In fact, what has happened, when have gone in and gotten waivers to go claiming my time for a moment, I this program was first initiated under up to 300 and 400 percent, and that has think it is kind of sad to take a chil- Republican control in 1997, there was a caused a disbalance in some States dren’s bill, a bill that says this is a need there to help people who made 200 that have taken their block grant, that health care bill for poor, uninsured percent or less of the poverty level, and have insured the children, spent the children, and exploit it. I would be that is about $42,000. So we said, If your money wisely, and then others that happy to have a debate about how more children are uninsured, we have got a have taken advantage of the system. Americans can get help getting health program that can help you. And we let Mr. SHADEGG. Mr. Speaker, re- insurance. As I said, I have had a re- the States administer it. claiming my time briefly, when we fundable tax credit to do that. But to There are over, I believe the gen- talk about 300 percent of the Federal try to pass a bill based on its title, and tleman from Arizona, I don’t know if poverty level or 400 percent of the Fed- like this reporter says, how can Repub- you quoted this or not, but I think eral poverty level, the abuse of the pro- licans possibly vote against a bill there is probably close to between a gram, can the gentleman tell us about called the State Children’s Health In- half million and a million children in how much money that means? surance Program? You can’t possibly the United States today that were eli- We say this program is not directed vote against that. gible and had not been insured yet by just at poor or even, I like to say, near- Well, fortunately, democracy allows these States. ly poor children. Poor children are sup- us to get into an open debate and say Mr. SHADEGG. Reclaiming my time, posed to be taken care of by Medicare. wait a minute. If it really were a bill that is absolutely correct. One of the This is supposed to be for the near- focused on poor or even near-poor chil- objections that those of us who think poor. dren who are uninsured, we might have this is not a well-written piece of legis- Mr. WESTMORELAND. Mr. Speaker, a program we could support. But it lation, we support the policy. We are I thank the gentleman for yielding, but turns out it is not for the poor or the all in favor of taking care of poor chil- let me put this in terms we can all un- near-poor, it is not for the uninsured, dren and ensuring that they have derstand. Two hundred percent of pov- because more than half already have health care coverage. Indeed, as I men- erty is $42,000, 300 percent is $63,000, 400 insurance, and then you discover it’s tioned earlier, I have introduced a bill percent is approximately $84,000. not even for children; it is for adults. every year for the last 10 to provide a Mr. SHADEGG. There are some peo- Mr. WESTMORELAND. Let me bring refundable tax credit to those children. ple on the program at that high a level. up one point that you mentioned. Open But one of the things that we object to Mr. WESTMORELAND. There are debate. Wouldn’t that be a novelty here is the program currently covers adults some people on the program at 400 per- in this House? It would be nice to offer and in several States there are more cent. an amendment, to be able to open the adults on the program than children; Mr. SHADEGG. Eighty thousand dol- debate. And the fact that the negotia- and yet as the gentleman from Georgia lars-plus. tions on this bill has gone on between pointed out, there are millions of chil- Mr. WESTMORELAND. Eighty thou- Democratic House Members and Repub- dren who are, in fact, poor and who are, sand dollars-plus. To me, this program lican Senate Members. They have not in fact, eligible to participate in this was intended for those poor children even opened up a dialogue with the program who aren’t currently partici- that were in a situation with a family chairmen of Energy and Commerce or pating. of four making $42,000 that could not of Ways and Means to look at pay-fors One of the amendments that we have afford the health insurance, so the gov- for this bill. suggested, but have never been allowed ernment stepped in and said we are Mr. SHADEGG. They don’t want to to offer on the floor because we have going to help you out. talk about it; they just want to peel a never been allowed to offer an amend- We as Republicans want to see these few Members off. ment on the floor, would be an amend- children insured. We don’t want to see I see that we have been joined by one ment that says, You can cover people the program being abused as is being of your colleagues from Georgia, a

VerDate Aug 31 2005 03:40 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\H30OC7.REC H30OC7 mmaher on MIKETEMP with CONG-REC-ONLINE October 30, 2007 CONGRESSIONAL RECORD — HOUSE H12215 medical doctor, Dr. GINGREY. I have gentleman from Georgia, Mr. WEST- doesn’t pay for it. So they use this been railing against this bill, as you MORELAND, it would require 22 million trick, Mr. Speaker, and I think that is heard me a few moments ago. I have additional people, grandparents, par- really deplorable. been saying that I find it stunning that ents, and, yes, indeed, even the chil- I will close my remarks by saying the pay-for in this bill contemplates an dren, to start smoking, to pick up the this and then yield back to my col- additional 22 million people who are smoking habit. league from Arizona who is controlling nonsmokers today needing to take up Mr. Speaker, I delivered 5,200 babies the time. I know there are other Mem- the smoking habit so they can pay the over a 31-year career as an OB/GYN bers that want to speak. 61-cent per pack tax in order to have physician, and I would hate to think But the original bill that the Demo- enough money to pay for the bill. that some of those kids who are in crats brought to us, the Democratic So I did this graphic. I created all their late teens or early twenties now, majority in this house, called for not these cartons. There are 22 cigarette would have to be puffing away so they $60 billion worth of funding on SCHIP, cartons sitting in front of me, rep- could pay for a health insurance pro- but $90 billion. Thank goodness they resenting 22 million, a million for each gram for their little brothers and sis- were reined in a little bit. carton, new Americans who don’t ters. Now, that makes a whole lot of They called that the CHAMP Act. smoke now who would have to take up sense, doesn’t it? Well, I call it, based on what we have the habit to pay for the bill. Mr. SHADEGG. If the gentleman presented here tonight in this disingen- I think that is a little deceitful. I would yield back briefly, and I would uous funding mechanism, I call it the certainly can’t believe that the pro- like him to continue making that CHUMP Act. The only difference in ponents of this bill would walk down point, I have a hunch there are voters ‘‘CHAMP’’ and ‘‘CHUMP,’’ I say to my here and say they think it is a great out there, people out there across Democratic majority is you; you, the idea to have 22 nonsmokers in America America, people listening to this say- majority, trying to hoodwink the start the habit. ing, no, it can’t really be true. It American public on this bill. But as a medical doctor, I would sure couldn’t really be true that the SCHIP Do what is right. You have an opportunity. The President will work with be interested in your opinion on that covers people who are already insured. you. The Republican minority will issue, or any other comments you have It couldn’t really be true that the work with you. Just simply do what is on some of the details on this bill that SCHIP program that is supposed to be right, and for once, tell the truth. are important for the American people for poor Americans covers kids in fami- Mr. Speaker, I yield back to the gen- to know. lies that make $80,000 a year. It tleman from Arizona. Mr. GINGREY. Mr. Speaker, I cer- couldn’t really be true that the Chil- Mr. SHADEGG. I just want to empha- tainly thank the gentleman from Ari- dren’s Health Care Program in many size some of the points that the gen- zona, a member of the Energy and States covers more adults than chil- tleman made. I love the name the Commerce Committee. We heard, Mr. dren. Those things couldn’t be true, CHUMP Act. Again, I think it would be Speaker, earlier from Mrs. BLACKBURN, but in fact they are. hard for Americans to believe that this also a member of the House Energy and This chart illustrates the point you program is as it is. For example, these Commerce Committee. These Members were just referring to, and I thought it cartons represent, each one of them, 22 are on the Committee of Jurisdiction might be a good graphic for your re- cartons of cigarettes, 22 million new from whence the bill came. marks. This is the number of new Americans that will need to start Unfortunately, their only input into smokers needed to provide tobacco tax smoking to pay for the SCHIP bill. I this CHAMP legislation, as the Demo- revenues for the SCHIP bill. As the bill guess you can call that a CHUMP Act, crats originally phrased it in their ac- has been written and been voted here because I don’t think 22 million Ameri- ronym, their only opportunity, the Re- on the floor two times now, and as the cans who don’t smoke now are going to publican members of the Energy and President vetoed it, this chart shows start. Commerce Committee, is to be here on that this many new Americans, this If the gentleman will stay, I want the floor during this Special Order many new nonsmokers, going up to 22.4 him to explain that chart one more hour to try to educate Members on million nonsmokers, to fund the bill by time. It shows the kid climbing up and both sides of the aisle. The gentleman this revenue stream at least, will have then it shows the kid parachuting from Arizona has been on the com- to start smoking. down. You call it the CHUMP Act. We mittee for a number of years, and he I just find so many aspects of this call it here the cliff. knows of what he speaks. bill just stunning and unbelievable. Maybe you can explain one more Mr. Speaker, talking about this issue But there is one; 22.4 million new time for the voters back home what of the pay-for, now, the PAYGO idea smokers will need to take up the habit this cliff means in terms of the funding was the Democrat’s campaign pledge, and pay the tax in order to have the of the program, because I think it is that if they had a new program or they revenues that the Democrats project important for people to understand expanded an existing program, and this will be needed for this new SCHIP bill. that it appears the funding is there, is an expansion of an existing program, Mr. GINGREY. If the gentleman will but then in year 5, whoops, it dis- that they would pay for it. They would yield back, in his chart, my colleagues, appears. pay for it by either cutting spending it is so telling, because as it points out, Mr. GINGREY. What the gentleman somewhere else or raising taxes. this is over a 10-year period, up to 2017, is saying, and I thank the gentleman So this is one of those programs. This but yet this program, all of a sudden for yielding once again, because the is a renewal of a program that has they let it fall off the cliff. Democrats are determined, Mr. Speak- worked very well. It needs some addi- The other chart there in front of my er, to increase this funding to a point tional funding. I don’t think any of us colleague from Texas, if you pay atten- that they get 4 million additional chil- would argue about that. Republicans, tion to that, again, the cigarette tax dren covered under this SCHIP pro- as well as Democrats, can support a continues over the next 5 years, and all gram. reasonable renewal and expansion of of a sudden they slash the funding for Under the current law, about 6.5 mil- the Children’s Health Insurance Pro- SCHIP so that the numbers work. lion children in this country, I think gram. Because even with the cigarette tax, close to 300,000 in my great State of But this is such a massive expansion enticing 22 million additional people to Georgia, are covered under the pro- that the Democrats found themselves get addicted to tobacco over that pe- gram. There may be 750,000 kids in that in a bind. Mr. Speaker, to this day, riod of time, it still falls short of fund- income range of 100 to 200 percent of they find themselves in a bind, and the ing the full program by $40 billion. So the Federal poverty level up to $42,000 bind is they are trying to pay for this that is why they say at the end of 5 a year for a family of four, as was with a massive increase, a tax increase, years, around 2012, all of a sudden there pointed out early in the discussion, sin tax, if you will, on tobacco, espe- is no money. There is not sufficient there may be 750,000 kids that have cially cigarettes at 61 cents a pack. money. Even though our young people fallen through the cracks. As the gentleman from Arizona are addicted to cigarettes, puffing That is why the President said let’s pointed out and as my colleague the away, trying to pay for the program, it renew the program and increase the

VerDate Aug 31 2005 03:40 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\H30OC7.REC H30OC7 mmaher on MIKETEMP with CONG-REC-ONLINE H12216 CONGRESSIONAL RECORD — HOUSE October 30, 2007 funding by 20 percent. A 20 percent in- We are joined by Mr. HENSARLING fits. What the Democrats are doing, crease is not chicken feed, Mr. Speak- from Texas, and I know he has details they are doing nothing about the looper. That is a lot of money. and thoughts about this program and holes and exemptions; and they are ex- But what the gentleman from Ari- about how important it is that Ameri- pressly taking the program to 300 per- zona is referring to in regard to this cans understand the details of this, so cent of the poverty level when there cliff, if you all of a sudden try to cover it is not just are you for children or are still eligible children that haven’t an additional 4 million, where are against children. It is a deeper discus- been enrolled. those kids coming from? Well, they are sion than that. I yield to the gen- So a program designed for the work- coming from families who already have tleman. ing poor, the Democrats are trying to health insurance for their kids in the Mr. HENSARLING. I thank the gen- transform to people making $83,000. private market. Of course, if you get an tleman for yielding. I especially thank And that is not right. It is not right at opportunity, who wouldn’t? You are him for his leadership in this area to all. making $60,000 a year and you are pro- try to make health care more afford- Second of all, this was a program de- viding health insurance for your wife able, more portable, high quality, and signed for children. It is called the and yourself and your two kids, and all accessible for all of the children in State Children’s Health Insurance Pro- of a sudden you get an opportunity to America. The gentleman from Arizona gram. And yet we have 13 States that get the kids on the government trough (Mr. SHADEGG) has been a great leader are insuring adults while 800,000 eligi- and you do that, and then you are used in this effort. I also appreciate his ble kids aren’t enrolled. What does the to that wonderful largesse of ‘‘Uncle leadership in the conservative caucus Democrat plan do? Well, bring on more Sugar’’ for 4 years, and all of a sudden in Congress, the Republican Study adults. We have three States covering you get to the point where there is no Committee, and all he has meant to more adults than children already. So funding, who comes off first? They do. that group in advancing the cause of we have precious resources of our Na- That is where they drop off the cliff. I freedom and free markets in America. tion instead going to adults, and the thank the gentleman for pointing that People need to listen closely to this Democrats say let’s insure more out. debate. The debate is not about wheth- adults. Republicans say let’s put the er or not we are going to have an children first. Let’s put the children b 1815 SCHIP program, a State Children’s first. Mr. SHADEGG. I thank the gen- Health Insurance Program. It is really This was a program that was also de- tleman for participating in this debate. a tale of two SCHIPs, if you will. Peo- signed for American children. Amer- I am thrilled we have a democracy here ple need to know, number one, when ican children. Now if anybody walks where, while our colleagues may come they hear America needs to provide into any emergency room in any hos- to the floor and put up pictures of chil- health insurance for poor children, pital in America and they have an dren and say those mean Republicans well, I am not sure that anybody dis- emergency, I want them to be treated. don’t want to cover children, at least agrees with that in America. That is We are all God’s children. But to have we can bring out some of the facts. We why we have something called the Med- illegal immigrants use emergency rooms and be able to access our health can bring out the fact that there is a icaid program, for the poor in America. care system for their everyday health funding cliff and that you would have So that is a nonissue. That is totally a care when they are in this Nation ille- to have 22 million nonsmokers take up nonissue. the habit to pay for the bill. Unfortu- What we are talking about is health gally, while we still have 800,000 eligi- nately, we have not been able to offer care for the working poor, those up to ble children not enrolled, that is just a amendments to correct those defi- 200 percent of the poverty level, and tragedy. That is a travesty. That is ciencies in the bill. the SCHIP program was actually start- crazy. Yet under the Democrat plan, what But we do support health care for ed 10 years ago by a Republican Con- they do is they claim this isn’t for ille- poor and near-poor children. I support gress to provide health insurance bene- gal immigrants. Then I ask them why it for uninsured children. I have intro- fits to, number one, the uninsured; did they take away the proof of citizen- duced every year for the last 10 years a number two, low income; number bill that would give a refundable tax ship requirements? I mean, your words three, American; and, number four, say something, but your actions are credit to every poor American to go children. Uninsured, low-income Amer- even louder than your words. When you out and buy their own health insur- ican children. That’s what the program take the proof of citizenship require- ance. The reason I like the idea of giv- was supposed to do. And I don’t believe ment out of the bill, you are de facto ing them the money to buy their own there is one Member of this body on ei- allowing more illegal immigrants to care is because they will buy a plan ther side of the aisle who wouldn’t vote access this program. that meets their needs, not some bu- to reauthorize this program today for Mr. SHADEGG. I think the gen- reaucrat’s needs. They will buy a plan uninsured, low-income American chil- tleman has made some strong points, based on choice, not based on govern- dren. Even though I am a fiscal con- and I would like to draw them out. ment rationing of their care. They will servative, I would vote to appropriate One of the ones that gets missed so buy a plan that their family likes and more money to ensure that eligible often is we talk about this being a pro- a plan that they will have control of. children can be a part of this program. gram for poor children. I noticed that And if they don’t get the service they But, unfortunately, our friends on the gentleman in his remarks made the want, they can fire that plan and buy the other side of the aisle have discov- point that it really isn’t a program for another. It would be portable, and they ered some new poll or focus group re- poor children. We have a program for can take it with them. sults that say we have this great bump- poor children, and that is called Med- Instead, we are talking about expand- er sticker slogan, and maybe we can icaid. That is already in existence. ing a government-run program with, somehow put people in a box, maybe we That is one of the points that you quite frankly, a lot of smoke and mir- can fool the American people as to made. rors that, sadly, people will vote for what this is all about. Mr. HENSARLING. That’s correct. just because of the name of the bill. Or Well, Mr. Speaker, occasionally it is The American people shouldn’t be maybe just because of the name of the helpful to have the facts. Again, this is fooled. Those at the poverty level in bill and because the advocates of the a program that was designed for people our Nation are covered by Medicaid. bill can put up a picture of a child and up to 200 percent of the poverty level, Mr. SHADEGG. So Medicaid covers say, Don’t you want insurance for that presently $40,000. Yet loopholes and ex- poor children, and this program was de- child? emptions allow families up to $83,000. I signed to cover the near-poor or the Well, I do want insurance for that am not sure anybody is going to call working poor. child. I just don’t want insurance for that the working poor in America. It is Mr. HENSARLING. It was designed adults under a program that is sup- not the working poor in the Fifth Con- for the working poor up to 200 percent posed to be for children. I don’t want gressional District of Texas. But loop- of the poverty level. insurance for already insured kids holes and exemptions allow people Mr. SHADEGG. And now it has been causing them to drop their insurance. making up to $83,000 to get these bene- expanded to?

VerDate Aug 31 2005 03:40 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\H30OC7.REC H30OC7 mmaher on MIKETEMP with CONG-REC-ONLINE October 30, 2007 CONGRESSIONAL RECORD — HOUSE H12217 Mr. HENSARLING. Under the Demo- smokers took up the habit and started hope that the President would veto the crat bill, they expressly take it from smoking. So for a graphic, we got 22 bill. 200 percent to 300 percent. Yet, you cartons of cigarettes, each carton rep- And again, our Democrat colleagues have to read the fine print because resenting another million Americans know that last month, last week, last even today there are so many exemp- who would have to start smoking. I night, today, tomorrow, this body tions and so many loopholes that there thought it would be helpful if the gen- stands ready to reauthorize the SCHIP are States that are insuring people up tleman addressed those issues as well. program, as long as it’s really going to to $82,000 income for a family of four, Mr. HENSARLING. I thank the gen- help the uninsured, as long as it’s and they do nothing to bring this back tleman for his insight. And looking at going to help the working poor, as long to the working poor. all of the cigarette cartons in front of as it’s going to help children, and as Mr. SHADEGG. The gentleman’s re- you, as somebody who used to serve on long as those children are American marks remind me of something I think the board of directors in Dallas, Texas, children. we already know, and that is certainly of the American Cancer Society, I So, a debate is taking place about with legislation the adage that the know how seriously devastating the that, but I’d like to harken back to an- devil is in the details is pretty impor- habit of smoking can be to families. I other point that the gentleman made. tant. I think a lot of our Democrat col- have seen a lot of cancer in the fami- As important as this debate is, we need leagues, a lot of the majority, think we lies of friends, something I take very, to keep the focus on ultimately how will put up a picture of a child, we will very seriously. are we going to get affordable health call it the State Children’s Health In- And to think that now we are going care, accessible health care, health surance Program, and no one can vote to have a health insurance program os- care of high quality to all families against it. And you know what, if it tensibly counting on 22 million more across America. were the State Children’s Health Insur- Americans to take up smoking is And in many respects, this is not just ance Program for children of the work- frankly beyond insulting. It is beyond an economic debate. In many respects, ing poor who are uninsured, I would be ludicrous. For the life of me I cannot we’re not debating how much money all for it. But when you get into the de- fathom why any type of system would we’re going to spend on children’s tails, it ain’t quite so. be created, and then as an irony, and I health care in America, but we are de- Mr. HENSARLING. If the gentleman make this point as an aside, the tax bating who’s going to do the spending. would yield, I have no doubt that 99 would go mainly to those who are mak- So, under the Democrat plan, the percent of this body, Democrat and Re- ing less than 200 percent of poverty Congressional Budget Office says that publican, today, this moment, this mo- level, the same people that ostensibly for all intents and purposes over 2 mil- ment would vote to reauthorize a this program is due to help. Fifty-four lion children will be taken off their SCHIP program which provides health percent of all smokers are in families chosen health insurance plan and insurance benefits to the uninsured, to making less than $42,000 a year. shoved into the government health in- the working poor, to Americans, and fi- Mr. SHADEGG. We have this chart surance plan. And you might have seen nally to children. That’s what the de- which makes the point that the gen- in the newspaper ‘‘The Politico’’ that bate is about today. That is the main tleman just brought up. The burden of this was really Senator HILLARY CLIN- debate we are having today. tobacco taxes falls largely on poor TON’s plan from the first, that if she Mr. SHADEGG. I think that is an im- Americans. As a matter of fact, 28 per- couldn’t pass her Canadian-style, so- portant note. We care about the struc- cent of the people who smoke are con- cialized health care system in one big ture of the bill. My main concern is pa- sidered poor. They make less than 100 bite, that she would do it in little tient choice. I believe creating govern- percent of the poverty level. And 26 bites. ment programs and forcing people into percent of the people who smoke are So there’s memos dating back, and I those programs is not the preferable near-poor. They are in that 100 to 200 have the document right here, the doc- way to care for people or to help them. percent. And for the not-poor, that is ument right here that’s referred to in I personally think we would be doing only 18 percent of Americans. So this the article. And if I could quote from better to give people choice, give them tobacco tax that is supposed to pay for the October 2 issue of ‘‘The Politico,’’ in my case a refundable tax credit and the bill, but it is not enough money to ‘‘Back in 1993, according to an internal let them buy a health care plan that pay for the bill unless millions of White House staff memo, then-First suits their needs, not to be forced into Americans, 22 million, take up smok- Lady Hillary Rodham Clinton’s staff a government-controlled, government- ing, post the burden of this legislation saw Federal coverage of children as a run bureaucratic, rationed-care pro- on the people who can least afford to precursor to universal coverage. gram, but give them choice. pay it. ‘‘In a section of the memo titled I was talking with one of the doctors Mr. HENSARLING. Essentially, ‘Kids First,’ Clinton’s staff laid out in our conference earlier today, and he under the Democrat plan, you will be backup plans in the event the universal pointed out that the reimbursement taxing people making less than $42,000 coverage idea failed.’’ a year in order to give subsidies to rates under SCHIP, because it is a gov- And now we’re seeing it. That failed, those making up to $83,000. ernment program, are dramatically and so this is really the first step in Mr. SHADEGG. Wait, wait, wait. I taking us down that road in that Cana- lower than under many private pro- want you to repeat that point because grams. So kids who do drop their pri- dian-style, socialized health care sys- I think it is important. tem where ultimately, ultimately vate health insurance and go on a gov- Mr. HENSARLING. Well, 54 percent mothers in America won’t be waiting ernment-run SCHIP program will actu- of the smokers are in families making hours to see a doctor to help their sick ally get worst care. less than $42,000 a year. That is 200 per- I know that the gentleman is an ex- cent of the poverty level in 2007. So children. They will be waiting days. pert on budget and finance, and I think under the Democrat plan, you would They may be waiting weeks, and it that chart demonstrates, and I don’t tax people making less than 200 percent won’t be the doctor of their choice. It know whether you want to call it hy- of poverty in order to extend subsidies will be the doctor of some government pocrisy or whether you want to call it to families making up to $83,000 a year. bureaucrat’s choice, and I don’t plan to trickery or whatever you want to call Mr. SHADEGG. I think that reason stand idly by and allow that to happen it, it is playing fast and loose with the alone, the fact that it is funded by a to my children, much less the children budget facts on this bill. Maybe the mechanism that imposes a tax on the in the Fifth District of Texas, much gentleman would like to direct his re- poorest Americans to pay for a subsidy less the children in America. marks to that in light of the fact that to people making over $60,000, and in Mr. SHADEGG. I think we’re about the cigarette tax, and I have tried to some instances over $80,000 a year, is to run out of time. I want to thank the make a big point out of this tonight, reason enough for the President to gentleman very much for participating that the cigarette tax in the bill isn’t have vetoed the bill. in this debate. enough to fund the bill. It is kind of a I think there are millions of Ameri- scam. It is kind of a scheme. b 1830 cans who don’t quite understand and The cigarette tax in the bill would Mr. HENSARLING. I thank the gen- who perhaps learned a little more to- only fund the bill if 22 million new non- tleman for yielding, and I certainly night about why the President would

VerDate Aug 31 2005 03:40 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\H30OC7.REC H30OC7 mmaher on MIKETEMP with CONG-REC-ONLINE H12218 CONGRESSIONAL RECORD — HOUSE October 30, 2007 veto this bill and why many of us service workers and firms, and for House, House and Senate, quite frank- would vote to sustain that bill, about other purposes, which was referred to ly, they haven’t got it. our concern that it is called a program the House Calendar and ordered to be It’s time, Mr. Speaker, to tone down for the near-poor or the working-poor printed. the political rhetoric and look at the uninsured children, and it turns out f facts, and as a member of the Blue Dog it’s not for the near-poor or working- Coalition, I can tell you what we’re all BLUE DOG COALITION poor uninsured children. about. We’re about fiscal discipline and As we’ve demonstrated in this discus- The SPEAKER pro tempore. Under accountability. We’re about putting an sion tonight, it covers people who the Speaker’s announced policy of Jan- end to the partisan bickering. We don’t make up to $60,000 and in some cases uary 18, 2007, the gentleman from Ar- care if it’s a Democrat or Republican $80,000 and more a year. It’s not for the kansas (Mr. ROSS) is recognized for 60 idea. We ask ourselves, is it a common- uninsured because the original study minutes as the designee of the major- sense idea and does it make sense for shows 61 percent of those who became ity leader. the people that send us here to be their eligible already had private insurance, Mr. ROSS. Mr. Speaker, this evening, voice? and under the new bill, one out of as most Tuesday evenings, I rise on be- Today, the U.S. national debt is every two who become eligible will half of the 47-member-strong, fiscally $9,063,547,746,613. If you divide that have already had private insurance, conservative Democratic Blue Dog Co- enormous number by every man, and they’ll drop that insurance. And alition. woman and child in America, including when they do, the cost of the private As I sat here, Mr. Speaker, thinking the children being born today, every insurance for everybody else, everyone about what I wanted to discuss in this one of us, our share of the national else who has a child in that private in- next hour with some of my Blue Dog debt, $29,888. That’s what those of us in surance, will go up. colleagues, I couldn’t help but listen to the Blue Dog Coalition refer to as the It turns out so it’s not for the poor or some of the rhetoric that we’ve heard debt tax, D-E-B-T, which is one tax the near-poor or the working poor. It’s over the past hour. You know, for 6 that cannot be cut, cannot go away not for the uninsured, because we dis- years, for 6 years the Republicans con- until we get our Nation’s fiscal house cover it makes millions, 2 million by trolled the White House, the House and in order. the latest estimate, children who are the Senate. And what did they give us? Tonight, we’re going to be talking already privately insured eligible to go They gave us tax cut after tax cut for about the debt, the deficit, and as on this program. Then you think, well, folks earning over $400,000 a year. members of the fiscally conservative the children’s health care bill has to be And this new Democratic majority, Democratic Blue Dog Coalition, we’re for children and you discover, shock of what has the Democrats given you? We going to be talking about ways to put all shock, the children’s health care are giving you health care for children an end to this reckless spending. program isn’t for children; it’s for of working parents. Let me repeat If you ask 100 people on the street adults. that. This is health care for the chil- what they think about this Iraq war I thank the gentleman. I think the 22 dren of working parents. This is not for policy, you will get about 100 different million new smokers is a stunning fact. children whose parents are on welfare. answers, but one of the things that I’m sorry we haven’t been able to offer They’re already covered under a pro- unites us as Blue Dogs is we believe amendments on the floor. I’m glad this gram known as Medicaid, which is that the money that this administra- debate gives us a chance to explain to health insurance for the poor, the dis- tion asks for for Iraq should be ac- the American people what’s going on, abled and the elderly. counted for. We believe that if this and that there’s more to this bill than Some 10 million children in America President is going to continue to just the title, and it’s important to pay will go to bed tonight without health spend, and this is year 5, if this Presi- attention to these details. insurance, without the ability to go to dent is going to continue to spend $16 the doctor when they get sick. And who f million an hour, $16 million every 60 are they? They’re the children of par- minutes going to Iraq, and if this REPORT ON RESOLUTION PRO- ents who are trying to do the right President’s going to continue down VIDING FOR CONSIDERATION OF thing and stay off welfare, but they’re that path, then we believe we’re not H.R. 2262, HARDROCK MINING working the jobs with no benefits. here tonight to debate the merits of $16 AND RECLAMATION ACT OF 2007 While the Republicans were hiding million an hour going to Iraq, but Mr. HASTINGS of Florida (during earmarks, the Democrats in this new we’re here tonight to hold this admin- Special Order of Mr. SHADEGG), from majority have been passing legislation istration accountable for how that the Committee on Rules, submitted a that says if you’re a Member of Con- money is being spent and to ensure privileged report (Rept. No. 110–416) on gress and if you break the law, you lose that it’s being spent not on projects for the resolution (H. Res. 780) providing your pension, period. And while the Re- Iraq but providing the protection and for consideration of the bill (H.R. 2262) publicans have been on an agenda that the state-of-the-art equipment that our to modify the requirements applicable benefits those earning over $400,000 a brave and honorable men and women in to locatable minerals on public domain year, the Democrats in this new major- uniform not only need but deserve. lands, consistent with the principles of ity have raised the Federal minimum This war has affected all of us. My self-initiation of mining claims, and wage for the first time in 10 years. first cousin was in Iraq when his wife for other purposes, which was referred If we’re serious about moving people gave birth to their first child. He’s now to the House Calendar and ordered to from welfare to work, we’ve got to pay back for a second time, and he will be be printed. them more than $10,712 a year, which is there when she gives birth to their f what the previous minimum wage rep- third child. My family’s not any dif- resented if you worked 40 hours a week, ferent from many families across REPORT ON RESOLUTION PRO- 52 weeks a year, never get sick, and America. VIDING FOR CONSIDERATION OF never take a single day off for vaca- Many families have made the sac- H.R. 3920, TRADE AND tion. rifice, some of them the ultimate sac- GLOBALIZATION ASSISTANCE Now, they said that the Democrats rifice, in support of their loved ones ACT OF 2007 are wanting to provide health insur- who have gone and simply done what Mr. HASTINGS of Florida (during ance for children of working parents. they’ve been asked to do. And Mr. Special Order of Mr. SHADEGG), from We plead guilty to that, and after all, Speaker, if we’re going to send our men the Committee on Rules, submitted a if the working families have been bene- and women in uniform to Iraq, we need privileged report (Rept. No. 110–417) on fiting from some of these tax cuts that to make sure some of this money is the resolution (H. Res. 781) providing primarily benefited those earning over being spent on them, and we need to for consideration of the bill (H.R. 3920) $400,000 a year for the past 6 years, our make sure that we’re taking care of to amend the Trade Act of 1974 to reau- working families might not need the them. thorize trade adjustment assistance, to help, but they do because under the At this time, one of the things that extend trade adjustment assistance to past 6 years of a Republican White the Blue Dog Coalition has done is

VerDate Aug 31 2005 03:40 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\H30OC7.REC H30OC7 mmaher on MIKETEMP with CONG-REC-ONLINE October 30, 2007 CONGRESSIONAL RECORD — HOUSE H12219 we’ve written legislation known as H. Mr. Speaker, I’ve been a member of At some point, at some point we have Res. 97 that was drafted by members of the Blue Dog group for more than 9 to demand a new direction in Iraq and the Blue Dog Coalition to ensure ac- years now, and in that period of time I begin to invest in America again. countability for how the money is have learned, and I’ve said this to my At this time, I would recognize our being spent in Iraq. At this time, I folks back home over and over and over administrative cochair of the fiscally would call on one of the cochairs, the again, 80 percent, 85 percent of what we conservative Democratic Blue Dog Co- cochair for policy for the Blue Dog Co- do up here in Congress should not be alition, and that’s my good friend, alition, and that is my dear friend, the about Democrats and Republicans. We ALLEN BOYD from Florida. cochair for policy for the fiscally con- ought to be working for our people and Mr. BOYD. I want to thank my friend servative Blue Dogs, and this is DENNIS for our country. And when I say that MIKE ROSS from Arkansas, the commu- MOORE of Kansas who’s going to talk back home, I see people every time and nications cochair of the 47 member more to us this evening about H. Res. in the audience sitting there shaking strong fiscally conservative Blue Dog 97, which simply is called, Providing their heads yes. They’re tired of the Democrats. for Operation Iraqi Freedom Cost Ac- partisanship up here. They want us I came down here tonight to join him countability, and I thank Congressman working together to do what’s right for to try to continue to deliver the mes- MOORE for being a part of this Special our people and our country. sage to the American people that I Order this evening. I have now eight grandchildren, Mr. think in some ways this administra- Mr. MOORE of Kansas. I thank Con- Speaker, and we have mortgaged their tion and this Congress have lost their gressman ROSS, and Mr. Speaker, for future. Mr. ROSS had a chart up here focus on what’s important to keep letting us speak this evening. just a few minutes ago that showed we America great and strong. The Blue Dogs, as Congressman ROSS have a national debt in excess of $9 I noticed today that the President of said, have introduced H. Res. 97, Pro- trillion, and we’re passing that debt, the United States and the minority viding for Operation Iraqi Freedom Mr. Speaker, on to our children and leader and the minority whip stood be- Cost Accountability, to address the grandchildren. To me that is immoral. fore the American people and talked lack of oversight and accountability We ought to change the way we’re about vetoing an appropriations bill with regard to our Federal Govern- doing business here in Congress and do which funds the health and education ment’s funding of the war in Iraq. like most families. Most American agencies of our Federal Government H. Res. 97 currently has 63 cospon- families live within a budget, not all simply because that bill would increase sors, myself included, and puts forward but most, and we should be doing the spending over last year at a rate, I commonsense proposals that ensure fu- same thing. That’s what our Blue Dog think, of some $9 billion or $10 billion, ture transparency and accountability which is actually below inflationary in the funding of Operation Iraqi Free- organization is all about, making sure that we, as a Nation, try to live and do and population increases. At the same dom. This, I believe, is an important time, the President of the United first step toward making sure that live within the resources that we have and not pass this debt on to our chil- States has sent in a supplemental re- more resources get to our troops in the quest down here for funding for the field and are not wasted on other dren and grandchildren. I thank Congressman ROSS. Iraq war, which I believe is to the tune things. We want to make sure that our of $49 billion or $50 billion to get us brave men and women serving in Iraq b 1845 through the next few months. and Afghanistan have what they need Mr. ROSS. The gentleman from Kan- I think we have just lost our sense of to do their job. sas (Mr. MOORE) is the cochair of policy balance, or our sense of what we have H. Res. 97 focuses on four crucial of the fiscally conservative Democratic to do to keep America strong and keep points for demanding fiscal responsi- Blue Dog Coalition. it a great Nation. I want to refer, if I bility in Iraq: number 1, a call for As you can see, the 2007 Iraqi war could, if we think about those num- transparency on how Iraq War funds funding, the total cost, $135.2 billion; bers, about an agency of the Federal are spent; number 2, the creation of a the cost per month, $11.3 billion; the Government that helps provide health Truman Commission to investigate the cost per day, $370 million. That’s about care and education benefits to the peo- awarding of contracts to make sure $16 million an hour. I helped dedicate ple of the United States of America, they are fairly awarded and get what and break ground on interstate I–530, while we are thinking about that, I they’re intended to secure; number 3, a which someday will connect I–30 and I– requirement to fund the Iraq war want to refer you to a recent report re- 40 in Little Rock through Pine Bluff to through the normal appropriations leased by the Special Inspector General I–69 in southeast Arkansas, which process and not through emergency for Iraq Reconstruction. In that report, could create a economic revival in one supplementals as we have done we uncovered the waste, fraud and of the poorest regions of the country, throughout this whole war; and number abuse of taxpayers’ dollars caused by the delta region. 4, using American resources to improve the lack of necessary oversight by the In my speech in Pine Bluff yesterday Iraqi assumption of internal policing U.S. Government. This is something I couldn’t help but point out in the last operations. that the Blue Dogs have been focused Recently, Mr. Speaker, members of transportation reauthorization bill on for a long time, is the government, the Blue Dog Coalition worked to- there was about $6 billion for new we as a government being good stew- gether with House Armed Services interstate construction for all of Amer- ards of our taxpayers’ dollars that we Committee Chairman IKE SKELTON of ica for the next 5 years. That’s about take involuntarily from our citizens to Missouri to include key provisions of the amount we will spend in Iraq in the run the government, to provide secu- H. Res. 97 in the fiscal year 2008 na- next 2 weeks. rity, transportation and other things, tional defense authorization bill. In Don’t get me wrong, let me make it the other functions of a government. doing so, we took the first step toward very clear, as long as we have troops in This quarterly report, which details ensuring complete fiscal transparency harm’s way, I am going to support progress in the U.S. Government’s rein the funding of the war in Iraq. them and make sure we support them construction of Iraq, uncovers con- The American people deserve to as a Nation in providing them the very tinuing problems which have left mil- know how their tax dollars are being best that money can buy and the tech- lions of dollars, billions of dollars un- spent and that they’re being spent nology and the equipment they need to accounted for and a large number of wisely and that our troops have the re- do their job as safely as possible and products unfinished in Iraq. In fact, the sources they need to do their job and to return home to their families. We have Inspector General himself has stated protect themselves in the field. to ask ourselves at some point, $16 mil- that 40 percent of all projects in Iraq The Blue Dogs, Mr. Speaker, are lion an hour going to Iraq means $16 are in danger of not being completed committed to passing legislation that million an hour we don’t have to invest under the original contract and ‘‘vir- accomplishes this goal, to give our in our communities in America, that tually every project in Iraq has cost troops what they need and make sure we don’t have to invest in education more or taken longer than expected.’’ they have the resources they need to and homeland security and veterans The Inspector General also noted protect themselves as well. benefits, and the list is endless. that some projects are never finished.

VerDate Aug 31 2005 03:40 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\H30OC7.REC H30OC7 mmaher on MIKETEMP with CONG-REC-ONLINE H12220 CONGRESSIONAL RECORD — HOUSE October 30, 2007 In one recent case, the Federal Govern- You see that there are many, many I thought to myself that we have ment invested $90 million in a project problems in Iraq. I think that the really lost focus on what our great to overhaul two giant turbines at a American people have figured out that military is supposed to be used for. We plant south of Baghdad. However, the we have some serious, serious problems should redirect our resources into a multimillion dollar project, which is over there, not only with the policy as strategy which will provide long-term critical to providing power in Baghdad, it relates to how we keep ourselves se- security for us around the world. That has not been realized because of weak cure, but also to our involvement over strategy has to be developed, well operations and maintenance practices there and our spending of, as Mr. ROSS thought out, obviously, developed by the Iraqis after the project was has shown you, $135 billion on an an- through a great deal of diplomacy, a turned over in April of 2006. nual basis. great deal of political acumen and also This report goes on to cite several ex- That is $16 million an hour, $2.5 bil- the appropriate leverage of our great amples of the same egregious waste, lion a week, $135 billion a year; and we military that we have. fraud, and abuse. I want to outline seem to, in many cases, send that over I want to thank Mr. ROSS for putting some of those; I want to give you six there without asking a lot of questions together this Special Order, but also specific examples of the waste, fraud, about where the money is being spent for the many other Special Orders that and abuse identified in this Inspector and what we are getting for it. At the you have done to try to deliver the General report. same time, we talk about vetoing an Blue Dog message to the American peo- Number one was a 50-bed children’s SCHIP bill which is $7 billion a year, ple. I want to thank you for your serv- hospital in Basra, a 50-bed children’s which will go to cover 10 million addi- ice. hospital in Basra, Iraq, which was tional children in the United States of Mr. ROSS. I thank the gentleman originally expected to cost $50 million. America. I think we have just lost our from Florida (Mr. BOYD), the adminis- This might be appropriate, because we way in terms of priorities. trative cochair of the Blue Dogs for his have heard the previous speakers in the I want to wind up by telling our insight and examples of waste, fraud previous hour talk about how SCHIP viewing audience that recently I took a and abuse that’s going on with your ought to be vetoed, SCHIP, which trip to Iraq. It was my first visit over tax money over in Iraq. would provide health care services to there. I led a congressional delegation If you have got any comments or our children here. of five Members, three of whom had concerns or questions of us, you can e- We just spent $50 million in Iraq on a never been before and two, it had been mail us at [email protected]. children’s hospital. That hospital is a several years since they had been. It That is [email protected]. full year behind schedule. The con- was a bipartisan delegation, a great Again, this is an hour where most tractor responsible for the project left group of Members to work with. Tuesday evenings we come and lead a the hospital only about half complete, We spent several days in the region, discussion about accountability and yet 100 percent over the original cost one full day in Baghdad. We found that fiscal discipline in our government by estimate. We haven’t heard a lot of fuss morale of our Armed Forces, our uni- the Blue Dog Coalition. about that from the previous majority. formed personnel over there is very If you are wondering how in the Number two, due to inefficient over- strong and very high. I am proud of sight by the State Department, the that, having served, having worn the world did we get our name, Blue Dog Federal Government spent $44 million uniform of this country in Vietnam Coalition, a lot of folks, especially in on a residential camp for refugees that and served in an era when morale the South, have heard of a Yellow Dog has never been used. Another $36 mil- wasn’t so high and we lost the support Democrat, meaning you would vote for lion was spent on weapons and equip- of the American people. a Democrat even if it was a yellow dog ment which are now unaccounted for. It was refreshing to me to see that as long as it was running as a Demo- Number three, oil contract over- our morale is pretty high over there. I crat. Somewhere along the way we charges and contract mismanagement think our soldiers are performing what were Yellow Dog Democrats that felt recently cost the U.S. Government $263 they are being asked to do. They are we were being choked blue by the ex- million. Oil contract overcharges and performing it very well. tremes of both parties. Thus the name contract mismanagement, $263 million. What I discovered is that what we are the Blue Dog Coalition, a group of fis- Number four, due to poor contractor doing over there is policing the streets cally conservative, commonsense oversight, a failed oil pipeline project of Baghdad and refereeing a civil war Democrats that are trying to restore wasted nearly $76 million of your tax- in Iraq. That’s not an appropriate role fiscal discipline and accountability to payers’ dollars. for the United States military. We our government. Number five, according to an Iraqi don’t even allow our military to police At this time I am pleased to turn this estimate, $5 billion per year, this is ac- our streets here in America. thing over to a former policy cochair of cording to the Iraqi estimate, $5 billion This role has to be turned over to the the Blue Dogs, the gentleman from per year is wasted due to widespread Iraqi people. General Petraeus told us Tennessee, JIM COOPER. corruption in Iraq. that we can train security forces, and b 1900 Number six, after allocating $17 bil- we can get them in place, and we can lion in U.S. funds to the security and train them, but unless the Iraqi Gov- Mr. COOPER. I thank my colleague justice reconstruction sectors in Iraq, ernment can stand up and give them from Arkansas. only four of those, 18 of those sectors, the command and control that they Mr. Speaker, I’m pleased to join this only four have transferred to Iraqi con- need and the logistical support that Blue Dog Special Order hour tonight. I trol. they need to be effective, they never would like to discuss not only the War- This quarter’s report also included a will be effective. The Iraqi Government time Spending Accountability Act but financial review of large contractors has failed at this point in time to stand also another measure that most of the funded by the Iraq Relief and Recon- up because they are fighting each over Blue Dog leadership has been kind struction Fund. International Bechtel their sectarian differences, and we have enough to cosponsor having to do with is the largest Iraq Relief and Recon- to come to grips with that. reform of all of our entitlement pro- struction Fund contractor, and there I will close with that it kind of grams. were many examples of waste and fraud brought all this into focus for me and But first on wartime spending, there and abuse discovered in that report how out of kilter we have gotten on is absolutely no question that there’s when analyzing the Bechtel contracts. things. One of the briefings we have been an astonishing amount of waste, This report analyzed 24 job orders shown was a video that was taken in a fraud and abuse in this conflict in Iraq. that Bechtel contracted to perform at fighter plane. I don’t know what the I personally was on the tarmac at the a total cost to the government of $761.2 cost of that Air Force plane was. It was Baghdad Airport when a C–130 plane million. Of those 24 job orders, only 11 probably maybe a quarter of a billion flew in, and the Air Force did not want were successfully completed, 10 were dollars, very expensive plane, delivered us to see that plane land and unload its incomplete, canceled or transferred to probably $50,000 to $100,000 worth of cargo. Well, why was that? Here are a someone else, and the other three, they munitions to two Iraqis riding a bicy- group of U.S. Congressman standing on could not determine status of. cle out of a house. the runway and they did not want us to

VerDate Aug 31 2005 03:40 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\H30OC7.REC H30OC7 mmaher on MIKETEMP with CONG-REC-ONLINE October 30, 2007 CONGRESSIONAL RECORD — HOUSE H12221 see a U.S. plane land because of its has to do with overall U.S. entitlement and diverse group, and we’re proud of cargo. Well, what was in that plane spending. And the proposal is H.R. 3654. that. But the most important thing is that was so secret? Well, the plane We call it the SAFE Act. What it would the common sense we try to bring to landed and they got the forklift out do, and my bipartisan cosponsor is these debates, because these shouldn’t and they unloaded six pallets, very well FRANK WOLF of Virginia. David Broder be highly partisan debates. Most Amer- wrapped up, absolutely full, very actually commented on this bill in his icans can agree when they get around heavy. And what was in those pallets? national column today in the news- the kitchen table or meet at the Ro- $1.2 billion of U.S. cold hard cash, $100 paper. What it would do is set up a bi- tary Club back home on what the right bills. I’ve never seen that much money partisan commission to study the prob- thing to do is for the country. We in my life. I’m not sure if any bank in lem of entitlements for 1 year, then by should show a similar amount of com- the country keeps that much cash on the time the next President is sworn mon sense here in Washington. So I hand. But that much U.S. currency was in, give that new President a commis- thank my colleague from Arkansas, flown into Baghdad. Why? We were told sion recommendation that’s com- Mr. ROSS, for holding this important it was to go to replenish the Baghdad pletely bipartisan, a 50/50 commission. Special Order. or Iraqi Central Bank. It certainly had All issues are on the table, so there’s Mr. ROSS. I thank my colleague and the most elaborate convoy I’ve ever no favoritism, no exclusion of certain former policy cochair for the Blue Dogs seen protecting that cash, because if it hot-button issues. And Congress would from Tennessee, Mr. COOPER, for his in- had been robbed, it would have been be required to vote up or down on the sight on not only Iraq war spending but the greatest robbery in the history of finding of that commission as well as these other fiscal responsibilities, try- the world. Now, the tragedy is we don’t on any proposal that the new President ing to restore fiscal responsibility to know how much of that money dis- or this Congress would like to make. our government and those issues sur- appeared once it got to the bank and But the key is, this commission rounding that. was in proper hands, because it is wide- would have teeth. Congress would have You mentioned Medicare. Medicare is ly known that there is massive corrup- to act. Reforms would have to take health insurance for, basically, it’s the tion in that country. place, because if you look at our over- only form of health insurance most Another incident that most people all entitlement spending, there are se- seniors have to either stay healthy or know about is the fact that U.S. con- vere problems. get well, not to be confused with Med- tractors, who are supposed to be han- According to the U.S. Treasury De- icaid, which is health insurance for the dling taxpayer money wisely, have partment, Medicare alone, which is one poor, the disabled, and the elderly. been seen playing touch football with of the most important programs in Your bill, as you discuss the entitle- what, a football? No. With small bales America, Medicare alone is $32 trillion ment programs and find ways to put an of $100 bills. They’ve been so loose with in the hole. $32 trillion. That’s many end to these deficits, I applaud you for our money, and they have so much on times larger of course than even $32 trying to do this in a bipartisan man- hand, not in single dollar form, but in billion. This is $32 trillion. And their ner and having support on both sides of bales of $100 bills, that they’ve been estimate is, if we knew how to measure the aisle. seen playing touch football with that. it, that Medicaid would be in a similar Do you have any other examples Another episode we were recently bind. That’s probably more than this you’d like to share with us on this leg- made aware of is due to the Iraqi Gov- Congress can handle in terms of prob- islation? ernment’s inability to pass an oil rev- lem solving this late in the session, so Mr. COOPER. Well, we probably enue sharing law. There’s been a lot of that’s why we think that a bipartisan should mention the meeting that you upset by the Sunnis in al-Anbar prov- commission will do the best job and the and I had with all the other Blue Dogs ince in particular because they’re wor- fairest job and the most bipartisan job with three remarkably distinguished ried they won’t get their fair share of of coming up with a solution that we Americans this afternoon because they, Iraq’s oil wealth. can all support to solve these funda- too, gave us some insight in our cur- Well, recently a shipment was made mental fiscal problems. rent fiscal situation in this country. I of millions and millions of U.S. dollars So I would encourage my colleagues don’t think you’ve mentioned this be- to basically dump this money in a town to look at H.R. 3654, the SAFE Act, to fore earlier in the hour, but former square in al-Anbar province just to try to remedy the entitlement crisis Secretary of Treasury Bob Rubin came make sure the Sunnis felt better about that we face in this country. A wide to meet with us, as well as former Sec- themselves. That is not a wise use of group of folks from all sides of the po- retary of Treasury Larry Summers, as U.S. taxpayer dollars. litical spectrum have supported this well as former Deputy Secretary of the So the Inspector General in Iraq is measure: the Bipartisan Concord Coali- Treasury Roger Altman. One of our doing an outstanding job of ferreting tion, for example, the Committee for a group called them actually the dream out this misuse of U.S. taxpayer Responsible Federal Budget, the Herit- team of treasury management in re- money. We have tried here in the age Foundation on the right and the cent American history, because under House of Representatives on a bipar- Brookings Foundation, which is more Secretary Rubin, Summers and Alt- tisan basis to strengthen inspectors of a nonpartisan organization. So we man, we had 8 of the greatest years of general. They are a wonderful mecha- have wide bipartisan support from the growth in all of American history, cer- nism for ferreting out waste, fraud and think tanks. We have wide bipartisan tainly the longest sustained period abuse. We passed a bill to strengthen support in this body, with some 25 since World War II. It was an amazing inspectors general in this House by a Members from each side of the aisle co- performance, an amazing feat, one that vote of 404–11, an overwhelming bipar- sponsoring the measure already. So I I hope that future treasury secretaries tisan majority. And guess what the ad- hope most of my colleagues can see can try to live up to. ministration response was? They their way clear to going ahead and co- But the key was sound fiscal manage- threatened to veto that bill. Veto a bill sponsoring H.R. 3654. ment. Secretary Rubin in particular that enjoyed the support of 404 House But I want to thank my colleague set the tone by making sure that the Members, overwhelming bipartisan from Arkansas, as my friend from Flor- markets in this country were strong, support. ida has said earlier, you’ve taken the making sure that growth was strong, I think we need to keep on strength- lead on many weeks now to bring the making sure that prosperity was ening inspectors general because they message of the Blue Dogs to the Amer- strong. So it was an amazing thing to are finding problems with U.S. tax- ican people, that message of fiscal con- hear these three gentlemen. payer dollars, and we need to root out servatism, that message of centrism, And they’re very concerned today be- all this waste, fraud and abuse. that message of common sense and try- cause, unlike the surpluses that were The other topic I wanted to focus on ing to do what’s right for our country. being accumulated in the Clinton ad- tonight is a different measure. And as We’re fortunate in the Blue Dogs to ministration, especially in the last 3 important as the war in Iraq is, as im- have members from all corners of the years, now, of course we’ve sunk into portant as it is to find misspent U.S. country, from California to Maine, terrible deficits. And they basically dollars, this topic is even bigger. This from Florida to Washington, it’s a wide told us today that our number one

VerDate Aug 31 2005 03:40 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\H30OC7.REC H30OC7 mmaher on MIKETEMP with CONG-REC-ONLINE H12222 CONGRESSIONAL RECORD — HOUSE October 30, 2007 problem is a lack of savings in this sitting over on the Senate’s doorsteps because we’ve done too much of that country, a lack of personal savings, be- waiting for Senate action, which is already. cause the average American is having somewhat disappointing for a lot of us Many Americans don’t realize that trouble paying their bills, doesn’t put that come here every week and work President Bush, his administration, anything away for a rainy day, too hard to pass these policy initiatives has already borrowed more money from tempted by credit cards, have to buy that are good for working families, foreign nations than all previous Presi- things. And now the Christmas season good for children and good for seniors. dents in American history put to- is coming up so there’s a lack of per- But not in the first legislative 100 gether. What a sad record to hold, to sonal savings, but there’s also a huge hours, not in the first 9 months of this have borrowed more money from for- lack of government savings, because new 110th Congress under a Democratic eign nations than all previous Presi- when you run a large deficit, as we’re majority, but in the first hour on this dents in American history combined. doing, that’s dissavings. That’s the op- very floor of the United States House That’s not good medicine for America. posite of savings. So they pointed out of Representatives, this new Demo- That’s not good fiscal policy. And the that both things are problems for this cratic Congress reinstituted a House Blue Dogs are leading the way in help- country. rule known as PAYGO. ing to change that. And I know the gentleman also en- You want to expand on that? Mr. ROSS. That is a national secu- joyed their presentation. It was quite Mr. COOPER. Well, the gentleman’s rity issue, in my opinion, Mr. COOPER. an honor for the Blue Dogs to have exactly right. An authority of no less What if those countries decide to call them ask us to share a few thoughts than Alan Greenspan said that PAYGO those loans? What does that mean? The with them. And they are promoting, of was the most important reform that ‘‘dream team,’’ Mr. Rubin and the oth- course, their Hamilton Project, which this Congress could undertake to right ers told us today what it meant, and I is a centrist think tank here in Wash- our fiscal imbalance. think you asked the question. And it ington supported by these gentlemen PAYGO was actually started under means higher interest rates. They will and others to try to bring more com- the first President Bush in 1990. It was have to raise interest rates in this mon sense to Washington policy de- instituted on a bipartisan basis. It country to where it’s attractive for bates and economics. worked extremely well for 12 years, other countries to buy our paper, to But I thank the gentleman for refer- from 1990 to 2002. And then sadly the buy our money. That is, I think, di- ring to those issues. Republican majority here allowed it to rectly a threat to our national secu- Mr. ROSS. It was a fascinating dis- expire. And that’s when, really, our fis- rity. And to put it in perspective, the total cussion, and you raise a good point, cal wheels started running off the national debt from 1789 through 2000 and that is that it wasn’t too long ago track. was $5.67 trillion. But by 2010, the total that Members of Congress were coming So we swung from a surplus, a sur- national debt will have increased to to this floor to debate how to spend a plus that was growing so fast there was $10.88 trillion under this Republican budget surplus, how to invest a budget actually fear that the United States President’s administration and under surplus. You know, it was under Presi- would be debt free, as if you could be his budgets that he sends to Congress. dent Clinton. I’m proud to say it was a afraid of that, that would have been a fellow Arkansan from my home town of This is a doubling, a doubling, of the glorious moment in our history for our 211-year debt in just 10 years. Interest Hope, Arkansas, where I grew up and children to be unburdened by interest payments on this debt are one of the graduated high school, who gave us the payments and future generations. That fastest-growing parts of the Federal first balanced budget of any Democrat was the prospect when President Clin- budget, and the debt tax is one that or Republican President for the first ton left office. cannot be repealed. For every man, time in what, 40 years? And then to swing from that into, as woman, and child in this country, you Mr. COOPER. Since 1969. all Blue Dogs have, we have the debt Mr. ROSS. And he did that. There take the national debt and divide by sign outside of our office. Now it’s $9 the number of people. It is about $29,000 were several contributing factors that billion, $29,000 for every man, woman allowed him to be able to lead us in per person. And that is one tax that and child in this country. But it’s cannot be cut until we get our Nation’s that direction, one of which was having growing so rapidly. And that doesn’t what’s called PAYGO rules on the floor fiscal house in order. even take into account our Medicare, Our Nation, under this Republican of this very House, something the Re- our Social Security, our Medicaid and President’s budget, is borrowing about publican leadership threw out the door other entitlement program liabilities. a billion dollars a day. But before we with this new Republican President So it’s a monster of a problem, and it’s borrow another billion dollars a day, back in 2001. And what PAYGO rules going to take a bipartisan commission we are spending about a half billion mean is it means pay as you go. to deal with it. paying interest on the debt we have al- PAYGO is an acronym for pay as you b 1915 ready got. go, which means exactly what it This puts it in perspective. Interest sounds like it means. If you’ve got an But PAYGO, according to Alan payments on debt dwarf other prior- idea for a new program that’s going to Greenspan and other authorities, was ities, the 2008 budget authority in the cost money, you’ve got to show how the single most important reform step billions of dollars. The red box is the you’re going to pay for it. No more of that we could undertake. The Blue amount of money, your tax money, Mr. just borrowing money from China. If Dogs are responsible for that reform. Speaker, that is going to pay interest you want to cut taxes for folks earning It’s working. I am proud of our Demo- on the national debt, to repay the over $400,000 a year, you’ve got to show cratic leadership here because they loans to places like Japan and China how you’re going to pay for it. No more have been remarkably strict in making and the United Kingdom and OPEC and borrowing money from China. sure that every bill that reaches this Korea and Taiwan and the Caribbean And I’m proud to tell you that in this House floor adheres to PAYGO require- Banking Centers and Hong Kong and new Democratic Congress, there’s a lot ments. Germany and Mexico. of discussion about the first 100 legisla- And as you said, it is completely We talk a lot about education. We tive hours where we raised the Federal common sense. If you want something talk about how we want our children to minimum wage and where we imple- new, pay for it. Don’t charge it. And receive a world-class education. But mented the 9/11 Commission rec- that is the way America needs to be the turquoise box, this box, Mr. Speak- ommendations, where we said Members acting in the future. er, reflects how much of your tax of Congress who break the law will no So I think it will not inhibit new money is going to educate our children longer receive a pension, where we ideas. It will just make sure that new compared with the amount going in the passed earmark reform, where we have ideas are fiscally responsible and paid red to pay interest on the national passed SCHIP to ensure that the chil- for so we are not adding to the debt debt. dren of working parents receive health load of our kids and grandkids, and, as We say we want to keep our promises care. We’ve done a lot in this session of the gentleman said, not borrowing any to our veterans. We say we want to pro- Congress. Unfortunately, a lot of it is more money from foreign countries, vide our veterans with world-class

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It is the opportunity for us to box, the amount of money being spent most money from, number 10 on the be able to strengthen fiscal responsi- on interest on the national debt. list, all this debate these days about bility and accountability by making And, finally, the purple box, home- immigration policies, and I think we do sure we do follow the statutory PAYGO land security. Now, I came here in 2001. need to secure the border and I think rules, or pay-as-you-go, a commonsense The first 9 months of 2001, I don’t think that we should have those who want to term that our leadership has adopted I ever heard the word ‘‘homeland secu- come here and live among us play by to make sure that we are implementing rity’’ mentioned once. But that is now the rules, respect our laws, learn multiyear discretionary spending caps. a household name, a household phrase, English, respect our flag. I believe This would make sure that we are not a household word. Homeland security. those things. No amnesty, as Mr. spending any more of the taxpayer dol- It make us feel good. We go through Reagan gave us during his years in of- lars than we have in our budget, that the metal detectors at the airport and fice. We learned that doesn’t work. But we get out of the habit of running up we feel safer. We take our shoes off and rounding out the top 10, while every- the national debt. I always take my pen out of my pock- body is focused on immigration: Mex- And as you pointed out earlier to- et, and we feel safer. And what most of ico. The United States of America has night, right now the national debt us don’t know is about half the belly of borrowed $38.2 billion from Mexico to stands at a figure that means about a plane is not your suitcase that you fund tax cuts in this country for folks $29,888 for every man, woman, and child saw X-rayed. It’s freight, freight that earning over $400,000 a year. Those are in America. And that is totally unac- continues to go unchecked. About one the facts. ceptable. The second part of our legislative out of every 100 containers that enter I am pleased to be joined by a fellow package, in addition to making sure we our ports, five out of every 100 con- Blue Dog from the State of North Caro- have accountability and honesty in our tainers, maybe 10 out of every 100 con- lina, Mr. MIKE MCINTYRE. budgeting, is the Balanced Budget tainers that enter our ports are I yield to the gentleman. Mr. MCINTYRE. Thank you, Con- amendment, which so many of us have checked. supported, to provide a constitutional And what about the food we put in gressman ROSS, for yielding and thank amendment requiring Congress to bal- our body? Mr. Speaker, for all the sea- you for leading this discussion, a very ance the Federal budget every year. food and fruits and vegetables that important one, to show the Blue Dogs’ This legislation allows for flexibility come into this country from other commitment to common sense with re- during times of war, natural disaster, countries by way of port, do you know gard to the American taxpayers’ dollar. or economic downturn by giving Con- how many FDA inspectors there are at And I want to focus, in the few moments we have left, on our commit- gress the ability to waive the balanced those ports? Not per port. But for all budget requirement with a three-fifths the ports in America. For all the sea- ment to helping business, American businesses, that provide jobs. We know vote in the House and Senate. And it food, fruits, and vegetables coming into also prohibits cuts in Social Security America from all over the world, there that the Blue Dog Coalition has tried to do everything it could to help our benefits from ever being used in order are about 70 FDA inspectors. Not per to balance the budget. So it protects port, not per shift, not counting the businesses, especially small business, as many of our districts we know look our senior citizens as well. ones that aren’t sick or on vacation. We have got to make sure that we to small business to help that eco- There are 70 total. Homeland security, are paying down this national debt. It’s nomic engine churn. Indeed, 99 percent the purple box, this is how much we are not fair to mortgage our children’s fu- of all business is small business. And really investing in protecting our ture. It’s not fair to mortgage our when we talk about that, it means that homeland. And that is why a recent grandchildren’s future. It’s not fair to nonpartisan assessment indicated that we have an opportunity to work with put a price tag on every baby born in we are less safe today in America than businesses who help to provide better every hospital in America of $29,000 in we were on September 11, 2001. health care for their employees, who debt from the second they take their These priorities, education, veterans, also help people to pursue their dreams first breath. And that bill is being put homeland security, will continue to go and provide college education for their not only on children but on family unmet until we get our Nation’s fiscal children, who help their family mem- members of all ages, even our senior house in order. bers with their personal needs and citizens. That has to stop. Deficits matter. They reduce eco- through our small businesses who help The third piece of legislation we have nomic growth. They burden our chil- not only with charitable contributions also deals with strengthening the budg- dren and grandchildren with liabilities. in their communities but community et process, to make sure the Members They increase our reliance on foreign leadership, civic engagement, and a of Congress have a sufficient amount of lenders who, as Mr. COOPER pointed myriad of other positive activities that time to properly examine legislation out, now own 40 percent of our debt. affect the American family and, in- and its actual cost implications, to That’s right. Our Nation, the U.S., is deed, our American communities. make sure there is transparency in the becoming increasingly dependent on I want to talk about for a moment process and requiring the Congres- foreign lenders. Foreign lenders cur- how we are doing that in very specific sional Budget Office to have a cost es- rently hold a total of $2.199 trillion of ways when we look at prosperity and timate accompany any bill or con- our public debt. Compare that to only the protection and the progress we ference report that comes to the House $623.3 billion in foreign holdings in 1993. have made in trying to help small busi- floor. It’s kind of like David Letterman and ness. And what it means is that we use And, Mr. Speaker, these are only his top 10 list. The top 10 countries, a commonsense approach when it practical ways that the Blue Dogs are this Republican administration, this comes to our checkbook, that we don’t seeking to make sure we have honesty, Republican Congress for the past 6 spend more money than we have, than transparency, and common sense in our years time after time after time has any of us would do in our own check- budgetary process. The central guiding borrowed money from foreigners to book. And there are three specific ways battle cry that we as Blue Dogs have is fund tax cuts in this country for folks that I want to remind us this year that make sure that we are accountable and earning over $400,000 a year. the Blue Dogs have sought to do this. make sure that the taxpayers’ dollar is And whom have we borrowed the And that is through a package that we only being used in the most fiscally re- money from? Japan, $637.4 billion; introduced a few months ago and are sponsible way, as any of us would want China, $346.5 billion; United Kingdom, continuing to work on that has dif- done with our own money. After all, it $223.5 billion; OPEC, $97.1 billion; ferent ways that we can put together is the taxpayers’ dollars, and that is to Korea, $67.7 billion; Taiwan, $63.2 bil- legislation to restore fiscal discipline whom we are accountable and want to lion; Caribbean Banking Centers, $63.6 to the Federal Government after years honor.

VerDate Aug 31 2005 03:40 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\H30OC7.REC H30OC7 mmaher on MIKETEMP with CONG-REC-ONLINE H12224 CONGRESSIONAL RECORD — HOUSE October 30, 2007 Thank you for this opportunity to So, I am pleased to associate with from Kansas, Florida, Tennessee, North address this to my colleague, and, Mr. the Blue Dog Coalition, I have been for Carolina, Iowa and Arkansas. And Speaker, it is about prosperity for the some time, and the leadership that Mr. we’re a group of 47 fiscally conserv- American Dream. It is about pro- ROSS and others, Mr. BOYD and others, ative Democrats that are simply trying tecting the American taxpayers’ dol- have given to trying to make this point to restore common sense and fiscal dis- lars and about making sure that we are come to life in the sense that we’ve got cipline to our Nation’s Government as working together for progress in our to do it for our country and for our we try to offer up commonsense, prac- society. kids and our grandkids. This is some- tical ways to put an end to this reck- Mr. ROSS. Mr. Speaker, I thank the thing we must do, and there is just no less spending and hold this government gentleman from North Carolina. choice about it. accountable for how your tax money is In the remaining four or five minutes I think there is a lot of hope for us in being spent. we have, I want to turn this over to one the world that we’re living in today. I f of the founders, one of the long-time have a lot of hope, and I want to keep HEALTH CARE leaders of the fiscally conservative it that way. At the same time, I’m Democratic Blue Dog Coalition, and fully aware from my travels and from The SPEAKER pro tempore. Under that is my friend from Iowa, Mr. LEON- my life experience that the world is in the Speaker’s announced policy of Jan- ARD BOSWELL. a perilous situation. And we won’t al- uary 18, 2007, the gentleman from Iowa Mr. BOSWELL. Thank you, MIKE. I ways be in this leadership position if (Mr. KING) is recognized for 60 minutes. appreciate my friend from Arkansas we don’t take a hold and get our arms Mr. KING of Iowa. Mr. Speaker, I ap- giving me this opportunity. And I want around this situation. But we’ve got to preciate the privilege to address you to compliment you for the untiring do it. here on the floor of the United States hours you’ve spent in trying to tell And as we well know, the time is now House of Representatives. And having been a speaker in wait- this Nation, this Congress, and all who at hand, I think it’s already here, that ing, I had the privilege to listen to will listen that it is time to be fiscally China is a superpower. They are cer- some of the Blue Dogs talk about their responsible. It has been for some time. tainly going to be if they’re not; I budgetary priorities. And I also lis- And I would like to associate myself think they probably are. India, the de- tened to the reflection of the indi- with my friend from North Carolina in mands they’re putting on us. The big vidual from Iowa, whose cows I rep- the comments he just made. Very, very trade deficits we’ve got, we can’t sustain those. And you put all this in line resent down there in my territory. And germane to what is going on in our we are good neighbors and we’ve country today. In fact, around the with this tremendous debt we have and what we’re paying for interest annu- worked together over the last 5 years world. And as you can tell, Mr. ROSS, I ally, it equates to something like $250 that I have been in this Congress. am one of the older folks around here. There always are two sides to an I don’t know if that’s something I billion a year. It equates to one of our major line items for our department. issue, and a number of the statements should be proud of. I guess I’m proud that were made here I absolutely agree versus the alternative. But oftentimes We can’t afford to do that, and we have to face reality. with. I would submit, though, that people say to me, You’re going to be all So, I really appreciate the efforts there is a distinction between us, and right. Why are you worried about it so being made by you, Mike, and all of us that is, I want a balanced budget. I much? to try to do something about this, and worked for a balanced budget. I called Well, I am worried about it. Yes, at the fact that the leadership of this for a balanced budget upon my arrival my age I suppose I’m going to be all Congress has accepted our idea of in this Congress 5 years ago. I’ve right. But you know what? I have chil- PAYGO. And it’s something we have sought to produce those numbers and dren and I have grandchildren and I am decided upon and we’ve got to stick to get that language out on the floor. very proud of them, and I want them to it. There are going to be a lot of temp- My Blue Dog friends also call for a have the opportunities. tations to vary from that. And as we balanced budget, but they’re willing to b 1930 went into the farm bill, for example, it raise the taxes. And they have offered was so hard to do it, but we stuck with several budgets to this Congress that In fact, just like you and you and you would have raised taxes in order to bal- and anybody else that’s paying atten- it, we worked hard and we came up with a viable solution. We’ve got to do ance this budget. tion, we all want it better for our chil- I would submit that we need to bal- dren, that’s just inherent. And they’re it in all the things that lay before us. We’ve got to set the priorities and get ance the budget a different way. We not going to have that opportunity if need to do it by controlling spending. we don’t do something about this. And those things done. I see the time is about up. So I yield And we can do a better job of control- that’s what you display right there on back to you, Mr. ROSS, for the closing ling discretionary spending, but in that chart. comment, if you would like. I just want there is not the answer, not the com- That figure of $9 trillion-plus is stag- to say I appreciate coming here this plete answer to the things that we need gering, and it’s growing; it has been for evening and sharing some of my con- to do. the last number of years. And we went cerns for this situation at hand. We The tax cuts that came from the from the opportunity of being in a sur- have to take it as a real situation. It’s Bush administration immediately fol- plus to this unbelievable deficit situa- here. And if we don’t do our job, we’re lowing September 11, 2001, and the next tion. And it really ties our hands as to going to leave it on our children and wave of tax cuts that we did in 2003 what we can do as we think about our our grandchildren, and we don’t want have stimulated this economy, and leadership in the world we know today. to do that. they have probably kept us from a re- This very day I’m quite sure that Mr. ROSS. I thank the gentleman cession and maybe even a depression. we’ve had people from our Treasury from Iowa. So, Mr. Speaker, I would submit this: I Department over in China trying to The gentleman from North Carolina. would take your reflection back to borrow money so we can continue to Mr. BOSWELL. Just the last word that period of time that was in the end run on deficit, and this just won’t I’ll say is we always want to remember of the Clinton administration, during work. You can’t do your business in Ar- it’s the taxpayers’ money. It’s not the campaign of the Bush-Gore cam- kansas, you can’t do it in North Caro- Washington’s money, it’s not the gov- paign in the year 1999 and 2000 and the lina, I can’t do it in Iowa, nobody can. ernment’s money, it’s the taxpayers’ beginning of the Bush administration. There comes a time when you have to money, and we want to do everything We had this growing, booming econ- face reality. And Mr. Stenholm used to we can to make sure that everything is omy, and it coupled with serious spend- tell us from time to time that if you honored. That’s the Blue Dogs’ battle ing cuts that were brought forth on the realize you’re in trouble and going into cry, and that’s where we stand. And I floor of this Congress by Republican a hole, the first thing you do is quit thank you for this opportunity to share leadership, the new Republican leader- digging. And there is something to in this. ship that arrived here, elected in 1994, that. Well, we need to do it, and we Mr. ROSS. Mr. Speaker, this evening sworn in here in the first week of Janu- need to do it badly. you’ve heard from Blue Dog members ary of 1995, and came in and said, we’re

VerDate Aug 31 2005 03:40 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\H30OC7.REC H30OC7 mmaher on MIKETEMP with CONG-REC-ONLINE October 30, 2007 CONGRESSIONAL RECORD — HOUSE H12225 going to do these 10 things, and we’re Now, we understand the good or the dressed, both suppressed our economy going to work towards a balanced service being provided more efficiently. and the tax revenues declined. budget. And they actually didn’t know Look at the things that we can do with While this was going on and as the that they could accomplish that. But tracking inventory, for example, or dis- President was getting his feel of com- as they brought the spending restraint patching trucks on the roads of Amer- ing into the Oval Office and beginning and the cuts and the efforts to elimi- ica with the satellite transponders, to to become the newly sworn President nate entire departments, unsuccessful, be able to sit there at a software of the United States, January until I might add, Mr. Speaker, that con- screen, if you’re dispatching trucks in September, in September of that same strained this growth in spending. And a nationwide or continentwide truck- year that the President was sworn in, by the way, they didn’t have any inhi- ing company, and be able to see on that while he is dealing with the bursting of bitions about cutting down and lim- screen a little dot where every truck is, the dot-com bubble and the corporation iting the spending that President Clin- be able to click on that and find out corruption, and while this Congress is ton wanted to do at the time. They had when that truck got its last rest, how as well, we had the September 11 at- political opposition, so points were much rest the driver had, what the tack on the Twin Towers, on the Pen- being scored on both sides. And while maintenance is on the truck, what the tagon, and a plane that crashed in that was going on, we were holding this cargo is, what the delivery time is, how Pennsylvania. That was a direct attack budget down. In fact, the government many miles are left, and be able to on our national defense center and a di- went into shutdown. And there was a have that software package give you a rect attack on our financial centers. time when I thought that the leader- warning on when a load might be late. And so, Mr. Speaker, all of these ship in this Congress should not have And we went from keeping significant things came descending down upon this blinked. But in the end, regardless of inventories in our warehouses in Amer- Nation, focused like a laser beam on who got the blame, this Congress, had ica to just-in-time delivery, partly be- the responsibilities of the President of it not had the majority that was here, cause we could do a more effective job the United States. And the President and I would point out to the Speaker of dispatching trucks. responded by calling for tax cuts in a that that was a Republican majority, That’s just one of the things that wave that came pretty closely after the we would not have had a balanced came with the information age, and September 11th attacks. While we were budget in the 1990s. You would not have that’s efficiencies that came into this ramping up our defense, while we were seen John Kasich with a T-shirt that because of being able to store and ramping up homeland security, while said ‘‘back in the black’’ with the line transfer and calculate more efficiently we were setting up the TSA, and today of our spending cut down and where we than ever before. But, a miscalculation we walk through the airports and there were going into solvency. that was made by Wall Street was a are billions that have been spent for But we got into solvency. And I don’t miscalculation that, because we could the security just to board airplanes, get the credit for that, I wasn’t here at store and transfer and calculate more and you add that to the cost of the ex- the time. This Congress got into sol- effectively, that it all translated into pansion of our military, the cost that vency because it had solid, conserv- profit. It did not. came because we went, appropriately, ative leadership. And then, as the ad- And so the speculators on Wall into Afghanistan and then in the fol- ministration changed from the Clinton Street and into the private companies, lowing year and a half we went then on administration, which has been lauded whether they were publicly traded or into Iraq, all of these things were pres- here tonight, I believe, to the Bush ad- whether they were privately traded sures on this economy. And all of them ministration, at the same time we had companies, the speculation part of that worked against a balanced budget that, a dot-com bubble in our economy, was the dot-com bubble. And it burst. the last number I saw it looked like we there was a growth on Wall Street that And it burst kind of slowly, not like a were going to come in about $158 bil- capital was being attracted to the in- balloon pop, but kind of a slow letting lion in the red, $158 billion, and one could speculate as to whether that is a formation age, that type of industry. out of the air. And as that bubble col- hard number, whether it might go up And there was a belief that because lapsed, that transitioned across the end or whether it might go down as a per- technology had taken the microchip to of the Clinton administration into the centage of our overall budget, tells me the level where we could store and beginnings of the Bush administration. if we would have had hard-nosed fiscal transfer energy more effectively and And while that was going on, we had discipline even on the discretionary more efficiently than ever before, there corruption that emerged within major spending just in the time that I have were billions of dollars speculated in companies, within major corporations been here in 5 years, we would have dot-com companies on the idea that, within the United States. And we know reached a balanced budget. We would with all this technology, we are who some of them are, Enron, for ex- have gotten there just by having spend- transitioning from the industrial age ample. ing discipline, not the discipline that into the information age. And so, as this corruption was cor- says I want to increase spending be- And as we go into the information rected and as we saw legislation being cause I think I see these needs, and if age, Mr. Speaker, the capital that was passed in this Congress and signed by I’m going to do that, then I want to in- attracted to those businesses was cap- the President, there was also downward crease taxes. That’s the approach that ital that simply was placed upon the pressure on our stock market because comes, and, admittedly, the Blue Dogs speculation that, because we could they didn’t know how much regulation have more discipline than a lot of the transfer and store information more ef- they were going to get from this Con- folks on their side of the aisle, but they ficiently than ever before, somehow gress, under the pen of the President, don’t have as much spending discipline these companies that were formed for what was going to happen. So, how as I have. I would pull this thing right that purpose would be able to all make would this Congress react? on down and I would set it out and say, a profit. But the bubble, when it burst, Well, as that debate went on, as we we can get to a balanced budget by it was the realization that this infor- began to clean up the corruption that having discipline and discretionary mation, just because we could store it emerged, and thankfully that did hap- spending. and transfer it more effectively than pen to a large degree, that went on top ever before, didn’t necessarily transfer of the slow letting out of the air, I call b 1945 into profit. It couldn’t be translated di- it the bursting of the dot-com bubble, But, Mr. Speaker, that is not really rectly into profit because the informa- those two pressures downward came the answer either. That is a constant tion storage and transferability that downward on our economy. Well, we fight, and it is a diminishing effort to came with the information age, that know that our tax collections are also slow down and eventually reduce dis- actually caused the information age, predicated upon how strong our econ- cretionary spending to balance the that ability was predicated upon how omy is. And if we have growth, we will budget because the more we do that, it that information could provide a good have more taxes; if we have a decline, is working in the right direction be- or a service more efficiently, or to the we will have fewer taxes. With the dot- cause it slows growth in government extent that that information could be com bubble bursting and the corpora- and it holds more personal responsi- used for recreational purposes. tion corruption that was being ad- bility and so less spending creates less

VerDate Aug 31 2005 03:40 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\H30OC7.REC H30OC7 mmaher on MIKETEMP with CONG-REC-ONLINE H12226 CONGRESSIONAL RECORD — HOUSE October 30, 2007 dependency. Those are all good things, the Social Security money into a trust ment of Social Security even to keep it Mr. Speaker. fund if we were going to spend the actuarially sound. Some said it is a po- But the other side of this is that money from the trust fund and put it litical third rail the President should while we are talking about discre- into the general fund. If we were going never have touched. The President says tionary spending, the huge elephants in to borrow the money from the Social it is a third rail that you if you don’t the room, one might speak, or should I Security trust fund and spend it with touch it, it is the third rail, but he say the gorilla in the room, I hesitate our overall budget, which we have been couldn’t and we couldn’t get the job to say the donkey in the room, but doing, that breaks faith with idea that done to reform Social Security even those huge gorillas in the room are there is a trust fund, because in the though there was no down side for sen- this: Medicare; Social Security; to a end it is an accounting gimmick. ior citizens, at least a level guaranteed lesser extent Medicaid; the entitle- I have in my file somewhere, an elec- to them, even though there was only an ments; and then, of course, the growing tronic file of one of the bonds that are upside for the younger generations, and interest, which we heard about from on file. This Social Security trust fund one of the reasons is the issue got the Blue Dogs, the growing cost of that is approaching $2 trillion is the demagogued across this country dra- maintaining the interest. But Medicare accounting of it is, yes, electronically matically. and Social Security are the two big but also it is an accounting that is pa- The President did at least 30 stops ones. perwork, actual bonds that are printed across the country. He articulated As the President stepped out from his on paper that is identical to this paper what this was about. It would have second inaugural address that took worth no more than probably not as been good if he would have had spokes- place in January right out here in the much as a blank sheet of paper from a men and women from the younger gen- west portico of the Capitol Building in copy machine, 81⁄2 by 11. They print eration, the under-30-somethings that January 2005 and talked about the posi- these off. I have one that is a sample. were half as vocal as the 30-somethings tion we were in as a Nation and we I believe it is $3.54 billion on that little that come out here on the floor that were poised to hopefully end the war in sheet of paper that says trust fund ac- would speak up for their opportunity Iraq and move forward with our econ- count bond for the Social Security to be able to ensure their retirement omy; the two rounds of tax cuts that trust fund. Those original documents, without having to become financially we had done had succeeded in rebound- Mr. Speaker, are on file in a filing cabi- destitute when you get from that point ing this economy and got us back into net in Parkersburg, West Virginia, where we start out 16 workers for every a growth mode again, and today we are ROBERT BYRD’s district, and they are one retired at the beginning of Social sitting on 49 consecutive months of there because some enterprising Sen- Security, where we are about three to growth. Astonishing. ator passed legislation that said, you one now and where we will soon get to There are astonishing measures of will keep a paper accounting of the So- two to one under this current program. the economic growth in this country. cial Security trust fund. Mr. Speaker, we need to look into the But the President stepped out from Well, the paper is an accounting. The future. We need a long-term planning that west portico and invested his po- electronics is an accounting. But the approach to the things we do in this litical capital in addressing the Social accountability of our Social Security Congress. And this electoral process Security entitlement, a huge burden trust fund is the full faith and credit of does anything but. It focuses Members that is coming at us. As I listen to the the people of the United States as rep- on the idea that you get elected, you Blue Dogs talk about Social Security, I resented through the United States come down here and swear into office didn’t hear them talk about, this is a Congress, and when the day comes that and while you are doing that, there is bit of an old number, but a number we need to tap into that Social Secu- someone announcing their candidacy that I recall from a couple of years ago rity trust fund, which will be a day in to run against you. They’re home in and is at least representative and it about the year 2016 when we start tap- the district 6 or 7 days in a week, stab- will not be precisely accurate today ping into that, there isn’t any money bing you in the media, raising money but slightly dated, $1.7 trillion in the there. It is only there on IOUs from the and trying to unseat you. You are sup- Social Security trust fund. That was government to the government, which posed to concentrate on policy when there a couple of years ago. That trust is the equivalent of writing yourself an you have someone trying to unseat fund continues to grow today because IOU and putting it in your pocket. The your political survival from the day we are collecting more Social Security value is only the value that it reminds you swore in, and you are up for reelec- than it takes to pay the benefits out to us that we have this obligation to keep tion in 2 years. the people that are the recipients of our sacred trust with the senior citi- So this constitutional system that that Social Security. zens of America. I am pledged to do we have, in fact, it is one that I appre- Now, Mr. Speaker, I don’t submit that. Our President is pledged to do ciate and revere. In a lot of ways it that where we are with this is a good that. I think that that is something makes us very responsive to the public. idea. I point that out that there is an that is a universal opinion between Our fingers are on their pulse. They let account there that presumably we Democrats and Republicans in this us know; we react quickly. This House could draw from that is going to ad- Congress, that we keep our sacred trust can move more quickly than the Sen- dress this big entitlement. But it with the seniors in America, that we do ate by far if we decide to do it. That is works out like this. Even if that money not diminish their benefits, their an- a good thing. were going into a lock box, as some ticipated promised benefits, that we The bad thing is if I called a meeting said it was, even if that were an ac- keep that intact, that we don’t in- and said, we are going to start a new count that grew interest at $1.7 trillion crease the contribution rate, we keep long-term planning caucus here in the and add some more in there over the that intact. United States Congress, and invite all last couple of years to get that number But something that we have done if 435 Members, you know, if I ordered a up, it is probably approaching $2 tril- we had had the support of the Blue lot of good food and advertised it, some lion or more by now, the accumulation Dogs, because the Republicans were in would show up. And then after the next in that account goes, it accumulates support of this, was the President’s week and the next week and the next until about the year 2016. And then it proposal that we offer people the op- week, pretty soon there will only be a goes the other way. Then we start portunity if they were young enough to small handful of people that would be spending more than we are taking in. make the actuarials work out, a per- working on something like that just And from that year forward, that sonal retirement account that could because the system is set up where it roughly $2 trillion that will be in there begin to transition some people off of focuses us on the things that are ur- will be spent down by the year, and Social Security. They get their Social gent, sometimes at the expense of the these numbers aren’t the freshest Security benefits too, but it would sup- policy that is important. That is the again, but in the neighborhood of 2042, plement that, and then the need to in- down side of this constitutional system by then the Social Security trust fund crease that would have diminished over that sets us up for reelections every 2 is broke. Then what do we do? time. years. But if you give us a lifetime ten- I would submit, Mr. Speaker, that, We couldn’t get there, Mr. Speaker. ure, I’m not sure we would solve the first of all, it wasn’t a good idea to put We couldn’t reform the huge entitle- problem either.

VerDate Aug 31 2005 03:40 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\H30OC7.REC H30OC7 mmaher on MIKETEMP with CONG-REC-ONLINE October 30, 2007 CONGRESSIONAL RECORD — HOUSE H12227 And you go over to the Senate side I would point out that to compare b 2000 and there every 6 years a third of them spending, the spending of the National So this Congress passed SCHIP, the up for reelection every election cycle debt to the amount of money that we State Children’s Health Insurance and they don’t seem to have a lot more spend in this Congress on education, I Plan, to subsidize, in most cases, to re- interest in long-term planning than we can look through this Constitution place, to buy the health insurance pre- do over here. that I have in my pocket, and I can’t miums for working-poor kids, the chil- So I look to Wall Street. I look to find anything in there that says, thou dren of the working poor, so they could major corporations. I look to the busi- shalt extract money from the tax- transition out of welfare and onto work ness communities in America for lead- payers to fund education. It is not com- without losing the health coverage for ership. I am wondering what are they parable to the National debt. It is not their children. Pretty good idea. When putting together so that we can have relevant to the National debt. To the it passed out of this Congress and went economic viability and a healthy popu- extent we make the decision that we to the States, the States had this op- lace that can be raising families and want to invest in education, it is not portunity to take it up. We took it up bringing up the next generation so that something that is a legitimate meas- in Iowa. We called it HAWK-I. We we can continue this American Dream. ure. called it the Healthy and Well Kids in Neither is it a legitimate measure on I watch what they do, and I get the un- Iowa. alterable message from them that their the part of the Members on the other We set that at 200 percent of poverty. real focus is on their next quarterly reside of the aisle. And I believe that in- I supported that and adapted some of cludes the Blue Dogs as well. Neither is port. the language technically and voted for it a legitimate measure to argue that Well, I understand that. You have got 200 percent of poverty level. That 200 because we spend billions of dollars in to produce profit for your investors, percent of poverty level then grew. The Iraq, we ought to spend billions of dol- and the board of directors is telling State got an exception where one could lars on SCHIP. There is no legitimate you what they want you to do. But exempt 20 percent of the income of a measure. They are not linked. They where is the leadership in America for family. So you get into a situation can’t be linked. But if you want to link long-term vision? Where is the leader- where the 200 percent of poverty, that them, if you choose to link SCHIP ship that will take us down this path turns out to be about $41,000 and spending to the global war on terror, to where we will eventually get to solve the funding that supports our men and change a year for a family of four; the Social Security problem, to solve women whose lives are on the line in when you exempt 20 percent of the in- the Medicare problem, and I will sub- places like Afghanistan and Iraq and come, that goes to $51,625. mit the words of George Will which That is where we are today. I don’t other places around the world, if that were, democracies function under the call $51,625 the working poor in my is your will, to link that spending, then lash of necessity. State. It might be in some States. It’s let me associate this for you. And we haven’t reached the lash of I point it out this way, Mr. Speaker, not the working poor in my State. necessity if we are talking about actu- that if it is a zero sum game, and by Most people don’t make more than arial tables that start going into zero presumption it is a zero sum game if that in the State, but most people pro- on the Social Security trust fund in we are going to compare national de- vide the health insurance for their fam- 2016 nor a fund that runs out to zero in fense spending to the State Children’s ilies and their children. When it’s pro- 2042. That is not the lash of necessity. Health Insurance Program, then the vided through the employer, this bill We need the American people to be zero sum game comes down to this: that was pushed through this Congress looking ahead and demanding that we How many bullet-proof vests would you provides a perverse incentive to crowd put long-term plans in place. And that deprive our soldiers and marines of in kids off of private health insurance and is important that the media, that the order to fund health insurance for mid- put them on the government-funded philosophers, that the writers, the peo- dle, let me say, upper-income kids? Be- health insurance. That is the crowd- ple that are opinion leaders in America cause we are talking about a Congress out factor. join with us so we can put the pieces in that passed subsidy for health insur- The crowd-out factor was a lot bigger place for a long-term solution to Social ance premiums for families in my for the 400 percent of poverty. I don’t Security, Medicare, Medicaid to a less- State up over $103,000; $103,250, 400 per- recall that number, as I stand here, Mr. er degree. All that solves the interest cent of poverty. That was the Pelosi Speaker, but as that bill went over to problem, and even then, if we simply plan. That was, Mr. Speaker, the 400 the Senate and it was negotiated down had discipline in our spending, we can percent of poverty that passed off the to 300 percent of poverty, the crowd- solve this all with growth, Mr. Speak- floor of this Congress. out factor became 2 million kids in er. I submit that subsidizing health in- America that today have health insur- So if the Blue Dogs want to talk surance premiums when people are ance that is paid for by their parents or about getting to a balanced budget, I making over $103,000 a year is an irre- at the workplace of their parents, and am for that. Let’s do so. Let’s do it by sponsible expansion of this budget. It those 2 million kids would be crowded spending discipline. Let’s do it by re- cannot be defended within the context off of their own private insurance rolls forming Medicare. Let’s do it by re- of the previous hour that was delivered and put onto the government-funded forming Social Security. By the way, I by the Blue Dogs. It can’t be defended insurance rolls. have a couple of ideas for you on Med- by anyone unless it is their will and Now they would match up with a icaid. If we can do those things, this their intent to move us to socialized number about 3.8 million kids that budget becomes easy. We need to index medicine. don’t have insurance today. They have our spending then to the factor of in- What is our line here? I will argue health care, but statistically they flation which should keep us down that in the 1990s we passed welfare re- don’t have insurance. That sometimes below the revenue stream when we form. This welfare reform was called is a fluid number. There are people in have the economic growth that we workfare in a lot of cases, to move peo- transition between one policy and an- have if we have good favorable tax poli- ple off of the multigenerational de- other. That is added into that 3.8 mil- cies. pendency on welfare, move them into lion. But the 2 million is a hard num- I can go on into subject matter that work, transition them smoothly so ber. That is the number of kids that has to do with reforming the Tax Code they could get there and observe and get crowded out, pushed off their own that eliminates the IRS and eliminates recognize and act upon the reality that private health insurance. the entire income tax code. It untaxes when people moved off of welfare when That is unacceptable. If we are trying all the production in America and puts they started to earn more income, they to insure children of the working poor, it on consumption. Mr. Speaker, I would no longer qualify for Medicaid we don’t take it up to $103,250 income would take us all down that path, and which was, of course, the health care for a family of four and say we are I may well run out of time before I can that is provided for the low-income going to subsidize it up to that point, get to that. among us. The working poor weren’t now we have helped the poor kids, be- But I wanted to address the concerns going to have health insurance for cause $103,000 is not poor. That is really that were raised by the Blue Dogs. And their children. wealthy where I come from. That is 400

VerDate Aug 31 2005 03:40 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\H30OC7.REC H30OC7 mmaher on MIKETEMP with CONG-REC-ONLINE H12228 CONGRESSIONAL RECORD — HOUSE October 30, 2007 percent of poverty. That is not the an- if you think I am wrong, what is your your being down here on the floor to, swer to subsidizing health insurance number? Submit to me your number. first and foremost, refute the argu- for the kids of the working poor. That Would you like to submit zero? Say ments that had been made initially, in is what SCHIP is supposed to be. that to the Congressional Budget Of- your opening statements, refuting the Three hundred percent of poverty is fice. arguments made by the other side of what this House passed the last time Right here, Mr. Speaker, is the CBO the aisle, where I believe you were get- after it was negotiated in the Senate. report that shows the $3.7 billion, and ting into the issues of the debt and That is $77,437 in my State. In some the easy math that came from the En- what have you, and some of the other States, it’s $83,000. That is not the ergy and Commerce Committee to put points you made with regard to our working poor for a family of four. the States’ share in that comes to $6.5 spending levels, and finally on SCHIP. Probably not for a family of any nor- billion. My question is: If you think I If I may, I want to address a couple mal size that we would see today. But am wrong, what is your number? The of those. First of all, here we are at the that is the standard that this House second question is: If I am wrong, why end of October, 10 months into the rule has passed again. Still, it crowds out 2 is the majority so insistent upon keep- under the new Democrat majority, and million kids. One of my objections, one ing their language in the bill that we have to ask, what has their leader- of my real objections to this is that opens the standards up for Medicaid ship wrought? They have brought us they have changed the language in this qualification that just simply says all the largest tax increase in U.S. history, bill. They have changed the language you have to do is write down a Social the creation of slush funds, where a lot that under current Medicaid qualifier Security number and we are going to that money is going to go to, and the standards there has to be a demonstra- recommend that the Social Security end to the transparency that they tion of citizenship or a lawful presence Administration verify that number, promised in the last election that they in the United States that extends be- maybe send a letter back to the pro- would bring to this House. yond the 5-year prohibition for receiv- vider or to the State if that number On the first point, as far as the larg- ing any welfare benefits here in this doesn’t match up. est tax increase in history, that began country. We know how well that works with initially as soon as the Democrats took That provision has been weakened by employment in this country. We have control with their budget, a $387 billion an addition to a section in this SCHIP at least 6.9 million working illegals in tax increase, which basically is too bill, and it has been done so by the ma- America. According to the Center for large of a number for any of us to get jority, and they have done it more than Immigration Studies, those 6.9 million, our hands around. But what it really once. When we raised the objection and which may now be 7 or 7.1 million peo- translates down to is, on average, said that this language has changed ple, at least 55 percent of them have around a $2,500 to $2,700 increase that and it will provide taxpayer dollar ben- false documentation that they present every individual in this country will in order to get the job. That is a Social efits to people who are in this country have to take out of their pockets, from Security number that has been sub- illegally to give them Medicaid and the hard-earned money they make, and mitted in the same fashion under the SCHIP, the majority said, no, that’s send down here to Washington so Con- same standard as would be required for not true because we have a paragraph gress can spend it instead on who Medicaid qualifications. We know how in the bill that says none of these funds knows what it may be. That is where well it is working with hiring illegals shall go to fund illegals. they began. I would submit, Mr. Speaker, that in America when you say, give me a We know just this past week the they wouldn’t have had to add the lan- Social Security number. It is not work- chairman of Ways and Means has come ing. That is why we are in the middle guage to the bill if they weren’t going out with the ‘‘mother of all tax in- of this immigration debate, Mr. Speak- to do something with it. The language creases.’’ That ‘‘mother of all tax in- that they added to the bill is scored by er. So, I will submit that that same creases,’’ of course, basically begs the the Congressional Budget Office, who standard has no chance of working any question of what happens to all the or- analyzed the language and has a job in better if you are going to use it to be phaned taxpayers then in this country, a nonpartisan way of calculating the able to qualify applicants for Medicaid those who are now left having to foot impact on our budget, and they con- and SCHIP. It defies logic to think that the bill for that tax increase. cluded it would cost an additional, the So I raise these points only because the Congressional Budget Office hands changes that open the door to allow it is truly ironic that the other side of out a document that says $3.7 billion people who are deportable to collect the aisle would come to the floor and Federal, and Energy and Commerce health insurance benefits and health calculates the State share of that and raise the issue of the debt level and the benefits in the form of Medicaid, it comes to $2.8 billion, and you are at spending of Congress, because, when illegals in the United States, the cost $6.5 billion in cost. Why does it cost you think about it, they ran on a plat- to that is, according to the Congres- $6.5 billion more money, if there is form that the Republicans were spend- sional Budget Office, $3.7 billion in nothing in this bill that funds illegals? ing too much, but what was the first Federal tax dollars, $2.8 billion in State And why is the majority going to fall thing they did when they came here? tax dollars. The easy math on that is on their sword to protect the language They decided that they would spend $6.5 billion all together it costs the tax- that opens up the standards, if it even more. They ran on the platform payers of the United States to fund doesn’t change anything? One can’t get that we were taxing too much. And Medicaid and SCHIP, most of it, a vast, past that. Facts are inconvenient what was the first thing they did once vast majority of it, for illegals, that if truths to some people on the other side they got here? They raised our taxes. we simply ask the immigration cus- of the aisle and sometimes on this side And they have done so repeatedly. toms and enforcement why don’t we de- of the aisle. They have about half a dozen times liver that benefit in the form of a But what I recognize is I have been now had legislation, just about every voucher and you guys take it up there joined here by my colleague from New single major piece of legislation that and hand it over, when they met with Jersey who occasionally will be watch- has come to the floor so far, that has most of these people they would have ing C–SPAN at night and have a included some form of tax increase in to take them into custody and take thought and a concept that he needs to it. them home to the country where they get out here this evening. So with that Now, the gentleman from Iowa raises belong. in mind, with great gratitude, I would the point now near the end of his dis- That is the reality of the law. That is be happy to yield to the gentleman cussion with regard to SCHIP, and I al- the law, Mr. Speaker. $6.5 billion, and from New Jersey. ways appreciate his explaining to the yet I have people here in this Congress Mr. GARRETT of New Jersey. Well, I American public what the acronym and around the country that say: thank the gentleman from Iowa for SCHIP really does stand for. SCHIP STEVE KING is wrong on this. This bill giving me the opportunity to address stands for ‘‘Socialized Clinton-Style really doesn’t allow for funding to go the House. Hillarycare for Illegals and Their Par- to illegals. It really doesn’t open the First, before I begin, let me just say ents.’’ I will get to that point of door. My answer to that, first of all, is this. I commend the gentleman for illegals in a minute, but let’s look at

VerDate Aug 31 2005 03:40 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00072 Fmt 7634 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\H30OC7.REC H30OC7 mmaher on MIKETEMP with CONG-REC-ONLINE October 30, 2007 CONGRESSIONAL RECORD — HOUSE H12229 the overall focus and what the inten- not all you need to do. The enforce- with SCHIP, which you would do once tion is here. ment there is not to say to the States you get up over that 400 percent of pov- I think it begs the question to ask, is if you mess this up, if you don’t enforce erty, only 5 percent are left on their anyone from either side of the aisle not the law and allow illegals to get Amer- own insurance. The rest are crowded intending working towards making ican taxpayer dollars under this pro- out. The 2 million who would be crowd- sure all Americans can have the health gram, and therefore potentially deprive ed off their own insurance plan under care that they need? I think we all other American children of their bene- this plan which has been vetoed by the agree on that. fits, it does not say that those States President and then brought back in The next question is, do we not want will not receive any Medicaid benefits substantive identity to the first bill by to make sure then that all American whatsoever. It does not say that they the Pelosi-led Congress, that legisla- citizens’ indigent children get the will not receive SCHIP benefits as well. tion still crowds out a huge percentage health care that they need? I think, It just holds the additional funding of the kids. generally speaking, except for the par- that goes to those States. I yield to the gentleman from New tisanship and the politicking on the Under the original DRA law that was Jersey. other side of the aisle, I would have to signed in 2005 and went into effect in Mr. GARRETT of New Jersey. I will say that all of us agree on that as well. July of 2006, for those States under Then we have to ask ourselves, what make this last point if the gentleman Medicaid where it applied to, we saw a permits. The definition of a middle- is the best mechanism to get there? Is decrease because of the Republican en- SCHIP and the expansion that the class benefit or entitlement is one that forcement mechanisms of illegals actu- goes to the middle class of America. Democrats want to foist on the Amer- ally getting those benefits. What the The definition, I guess, of a program ican public the best way to get there? Republicans have simply asked the for the indigent would be a program I would answer that question by say- Democrat majority to allow us to do is that is aimed for those who are making ing, no, it is not. to allow those systems that are work- Going in reverse order, the gen- ing to apply to the entire SCHIP proc- less than the average, less than middle- tleman from Iowa raises the point with ess. class America. regard to illegals, an important point. So on the point of trying to make I wanted to give a couple of numbers. The Democrats will tell you, don’t sure that only U.S. American citizens The median, middle, middle income in worry about it. The bill already says in get the benefits, Republicans have a this country is around $46,000 for a fam- plain language that illegals are not al- plan and it has been working in other ily of four essentially. That is the mid- lowed to get these benefits, as if all aspects of Medicaid, and we wish to ex- dle. That would be how we define mid- you need to do is put those words into pand it. dle class across the board. Some high- a bill and that makes it so. I yield back. er, some lower. That is the middle. I see on the table over there, I think Mr. KING of Iowa. I thank the gen- The bill, SCHIP, as it was created that looks like your demonstration for tleman for coming to the floor and giv- initially was for 200 percent of poverty. the wall. Is that what that is? ing us a New Jersey perspective on this That would be around $42,000 for a fam- Mr. KING of Iowa. Yes. Mr. GARRETT of New Jersey. You issue of SCHIP and also the overall ily of four, so less than the middle. know, we would not need that wall budget that we have. There are some discussions going on As the gentleman arrived, I was under the Democrat philosophy, be- literally as we speak right now in what reaching for a quote in my memory and cause we already have a law that says the Senate is looking at to bring this I came up a little bit empty. And so I no illegals may come into this country program up to around 275 percent of looked it up while I was listening to illegally. If that is all it takes is just poverty. That would be $58,000 for a to say they can’t do it and it won’t the gentleman from New Jersey. family of four. So if middle, middle- You have heard a number of facts happen, you don’t need that wall. You class America is around $46,000, and that have been rolled out by the gen- don’t need any surveillance. We don’t some are suggesting we should be tleman from New Jersey. You have need any border security guards, be- bringing the coverage up to $58,000, by heard a number of facts that I have cause we have a law that says they are definition it is a middle-class entitle- rolled out here. I have said they are not allowed to come into this country ment. Actually above middle class. stubborn things. But it was John illegally. But we know that that is not Slightly above middle-class entitle- the way it works. What works is you Adams who spoke to facts in memo- ment, as a matter of fact. It begs the need enforcement. You suggest en- rable fashion when he said: ‘‘Facts are question if you are trying to set up a stubborn things. And whatever may be forcement in the form of a wall, and I program to address the problems of the our wishes, our inclinations or the dic- agree with you on that. indigent Americans in this country, tates of our passion, they cannot alter In the area of SCHIP, enforcement why are you bringing the number up so the state of facts and evidence.’’ John means that we need to have a way of high we are going over the median in- Adams, and that was before the Dec- verification for an individual when come in this country. they come to claim American tax- laration of Independence that he made that statement, as I recall. That is a rhetorical question. I don’t payers’ dollars for their own benefit for think the other side can answer it un- them to verify that they are legal And so as we laid these facts out here, this SCHIP initiative that we less they simply want to be honest American citizens entitled to it. And with us and tell us they are trying to that is all that the Republicans were have today, current law, family of four qualifies in my State up to $51,625. It do what Bill Clinton said back when he asking for, some sort of process to was President that he wants universal make sure that was done. may be higher than that in New Jersey. But the bill vetoed by the President coverage where the government has so- Now, the Democrats also argue, look, cialized medicine, and you will start they put in a penalty provision for the and the bill that was passed out of this House last week is a bill that funds up with indigent children, you will go to States. The Democrats were not will- all children and eventually you will go ing to actually put an enforcement to 300 percent of poverty, family of to all adults in the entire country. mechanism in themselves to say how four, $77,437. That is off of Governor One-fifth of this economy will be en- they want to verify the illegals. But Culver’s Web page. By doing the simple compassed by a government-run health the Democrats will say, well, we are calculation that is provided there on care system, something you and I defi- going to leave that little question to whether you qualify or whether you nitely oppose. the States instead and have the States don’t, the $51,625, and 300 percent of cleverly come up with it. Of course, poverty is pretty simple, you just do Mr. KING of Iowa. Again I thank the you and I are all supportive of States the math on that. gentleman from New Jersey. I would being the laboratory of experimen- This House passed it at 400 percent of ask him to point out to the body the tation. poverty. That was the Pelosi plan. The acronym of SCHIP that he illustrated argument is this is not the cornerstone in his speech. I know that poster is b 2015 to socialized medicine. available, and so I would direct the at- The Democrats then say that is all Mr. Speaker, I submit when you tention of body to the gentleman from we need to do. I would suggest that is cover 95 percent of the kids in America New Jersey and the poster.

VerDate Aug 31 2005 03:40 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00073 Fmt 7634 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\H30OC7.REC H30OC7 mmaher on MIKETEMP with CONG-REC-ONLINE H12230 CONGRESSIONAL RECORD — HOUSE October 30, 2007 Mr. GARRETT of New Jersey. for socialized medicine when the very in fundings that are not currently SCHIP. It has another meaning as Re- words came out of the mouth of Bill going to illegal recipients of Medicaid, publicans initially created it, but we Clinton on September 29, 2000? He was and those funding that currently are see what the Democrats have morphed still President then. going to SCHIP to illegal recipients, it into. SCHIP now stands for Social- And a speech he gave here on the that comes from the changes that are ized Clinton-style Hillarycare for floor of Congress on September 22, 1993, in this bill that passed this House last Illegals and their Parents. That wraps where he laid out component after week and the bill the President vetoed, it all right up there. They are willing component of the plan to get to the bill that this Congress refused to to go back to what Hillary and Bill Hillarycare. And by the way, it was override. That $6.5 billion. Clinton wanted to do, and that was to Hillarycare. It was Hillary working be- They can argue that they changed have a universal, socialized plan that hind the scenes in some secret meet- the language. They did. They were dis- the government would control, lit- ings to put together an overall health tinctions without a difference, and the erally one-fifth of the economy, health care proposal which was socialized proof that it lacks a difference is be- care economy, the same government medicine. cause the Congressional Budget Office that gave us FEMA and the way they Mr. Speaker, it was wrong then. It is scored, evaluated the cost to tax- handled Hurricane Katrina and the wrong now. This is the cornerstone of payers, at precisely the same dollar same aftermath of Katrina, the same socialized medicine. It is a component amount. Regardless of whether it was government that gives so many other of Hillarycare. the language they first brought or the problems of waste, fraud and abuse, Bill Clinton again, September 29, language that they amended it to, the and the same government that gave us 2000: ‘‘You know, when Hillary and distinction is without a difference. It the proverbial bridge to nowhere. That Health and Human Services Secretary still provides for health care for Clinton-style type of government, Donna Shalala started working on this illegals in America. Hillarycare for illegals. As the gen- back in 1993, we proposed a solution Mr. Speaker, fact after fact come out tleman from Iowa just pointed out, it that would have covered all Ameri- here. These inconvenient truths, to cans.’’ is not for American citizens. It is for quote a famous author in America. I Well, a solution that covers all Amer- anyone who simply wants to walk will go down through some that I have across the border and take the benefits icans, I would submit, isn’t your private health care program, isn’t the one missed. of the hardworking American tax- It does weaken citizenship require- that has been built by the free enter- payers. ments. The loss in taxpayer dollars, Mr. KING of Iowa. I very much thank prise system, the one that has provided the net loss to my State is $226 million. the gentleman from New Jersey. the incentive to do the research and de- I want to point out that this acro- velopment that has given us the best Everybody that has a State where peo- nym has been out here now for over a health care in the world. A system that ple smoke will pay 61 cents more a week. When it says SCHIP stands for would have covered all Americans is pack. When they do that, they will pay Socialized Clinton-Style Hillarycare socialized medicine. That is a defini- more taxes. for Illegals and their Parents, the criti- tional fact. This is a direct quote from It is also a fact that one of the most cism that has come for that is that no President Bill Clinton, September 29, regressive taxes we have is the tax on one has argued with the substance. 2000. tobacco because people less well-to-do They simply say, well, this is emo- I say SCHIP stands for Socialized tend to smoke more. It is an inverse re- tional. It is reactionary. Well, tell me Clinton-style Hillarycare for Illegals lationship when they do a little better. what’s wrong? Does this not lay the and their Parents. It is a matter of his- We could look into the reasons for cornerstone to socialized medicine, to torical fact. She met over and over that, but we know this. Poor people provide for taxpayer-funded insurance again, and some would say the meet- pay a greater percentage of their infor kids and families up over $100,000 ings could have been more lawful. That come on the current tobacco tax, and for the 400 percent that was brought is not my issue so much as she was will pay a far greater percentage of across this floor in the first place. driving a health care policy as First their income on the proposed tobacco Mr. Speaker, does that not lay the Lady as if she were the lead health care tax. The idea on the part of the Speak- cornerstone for socialized medicine? I policy wonk in America. It collapsed er’s side of the aisle is you would raise submit, yes, it does. when the American people revolted the tobacco tax and, therefore, there And what happens in this county against it because it was Hillarycare, would be an incentive for people to when, under current SCHIP, we have because it was socialized medicine. smoke less. adults on up to age 25, 85 percent of It came to us Clinton-style, but he b 2030 those receiving SCHIP funding in Min- delivered it here on the floor of the nesota are adults. Some argue 92 per- House of Representatives on September I agree there would be, and I’d like to cent. It is 66 percent in Wisconsin. I 22, 1993. In the year 2000, when he found see what those numbers produce and mean, these are huge numbers. This out they couldn’t drive it through, he maybe that’s a good thing, and I’d like isn’t for kids the way the system is said, well, we are going to give you a to evaluate that tax policy on that. today. But it is to lay the cornerstone solution that will cover all Americans, But we’ve got another little problem to socialized medicine. I will support but we are going to give it to you a here, and that is, that in order to fund that statement. piece at a time. this increase, we have to have 22.4 mil- As John Adams says, facts are stub- So when SCHIP passes at 200 percent lion new smokers in America. So we’ve born things. Here is a fact about laying of poverty, then we will raise it to 400 got to go out there and unleash Joe the cornerstone for socialized medi- percent of poverty. This is what the Camel again and get him out there re- cine. This is what President Bill Clin- Pelosi Congress wanted to do. These cruiting the kids in America to start ton said about achieving socialized are all facts, these inconvenient, stub- smoking, because if we don’t do that, health care on September 29, 2000: born things. At 400 percent of poverty, we can’t fund their health insurance, ‘‘You know, when Hillary and HHS you have only about 5 percent of the and even if we do do that, we’re still Secretary Donna Shalala and I started kids any longer on private health in- going to have, according to the first working on this back in 1993, we pro- surance. So the culture to provide for bill they passed at 400 percent of pov- posed a solution that would have cov- your children’s health insurance pre- erty, 70,000 families in America that ered all Americans. And it was too mium is gone. It is wiped out. It is de- qualify for SCHIP and still qualify to much for the system to accommodate stroyed by a Congress bent on laying pay the alternative minimum tax, that at once, so we’ve gone back, piece, by the cornerstone to socialized medicine, tax on the rich. piece, trying to achieve that. We have SCHIP. Socialized Clinton-style So I’ll submit, Mr. Speaker, that this now the Children’s Health Insurance. Hillarycare. Those issues are all ad- is a bit of a bizarre proposal, and it’s Next, we need to deal with the 55 to 65- dressed for what, Mr. Speaker, for awfully hard to explain the rationale year-old age group.’’ illegals and their parents. behind it when there are so many con- Does anybody think that this isn’t I have spoken to this. Here is the flicting inconsistencies. But in the end, part of a plan to lay the cornerstone CBO score: $6.5 billion increased costs it’s a net increase in cost to my State

VerDate Aug 31 2005 03:40 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00074 Fmt 7634 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\H30OC7.REC H30OC7 mmaher on MIKETEMP with CONG-REC-ONLINE October 30, 2007 CONGRESSIONAL RECORD — HOUSE H12231 of $226 million. It will take an increase This would be the trenched footing time tonight discussing both fronts and of 22.4 million new smokers to fund it. that I would put in. It would be slip what we in Congress can do and should It will fund, at 300 percent of poverty, form, Mr. Speaker, and I would set this be doing to protect American families families of four in my State earning trench footing into the ground. I’d drag from harmful products. $77,473. It will crowd 2 million kids off her along, and I’d pour slip form right In the arena of food safety, you of the private family and business, job- behind it. It would look like this from might ask the question, has anyone in funded insurance rolls, cost $6.5 billion the end. Then I’m going to set it up in Congress been paying attention to the to fund the illegals that are partici- this stand, and I’ll show you how easy safety of the food we eat? Well, I feel pating in programs that today are it is to build a wall. It will take about, the answer to that question is yes. barred from so and add taxes to ciga- let me say, $1.2 million, about $1.2 mil- We’ve spent some time in the com- rettes of 61 cents a pack. lion a mile, and you just simply put mittee on which I sit, the Committee Now, you add that all up, those are this in about like that. That would be on Energy and Commerce, and we are the facts. Those are the stubborn a piece of concrete that would be about pursuing an aggressive investigation things. Those are the inconvenient 13 feet high, 13-and-a-half feet high, and an aggressive legislative agenda to truths that the other side of the aisle about half that for width, and then you confront the problem. has to deal with. I simply called it pick up your little crane and drop this Now, as a member of the Sub- SCHIP, ‘‘Socialized Clinton-style thing in here. That’s about 12,000 committee on Oversight and Investiga- Hillarycare for Illegals and Their Par- pounds per formation. tions, we have taken an active role in ents.’’ Mr. Speaker, I thought I heard your investigating the safety of our Nation’s So, Mr. Speaker, in the remaining gavel as I dropped that in the hole. I own food supply. In August, a bipar- time, I think that I should do a bit of apologize for that. I was making a lit- tisan team of investigators was sent to a demonstration for the sake of pop- tle too much noise. China to see firsthand if they could ular demand. I wanted to point out for I would wrap this up simply by then elucidate the cause of the problem. the body that we’re spending $8 billion submitting that I believe I have dem- Now, the committee staff report, the on our southern border, and this is sup- onstrated how we can protect America investigators came to the following posed to keep us from the $6.5 billion in at about $1.2 million a mile as opposed conclusions from their trip and from costs that are accumulated here under to $4 million a mile. I’d encourage this their investigation thus far. this SCHIP bill that came out of the Congress take a good look. Quoting directly from the staff re- Pelosi Congress. f port now, Mr. Speaker, it would appear But on that border that’s 2,000 miles that the Chinese food supply chain does long, $8 billion, that’s $4 million a SAFETY RECALLS not meet international safety stand- mile. So I thought, you know, I’ve got The SPEAKER pro tempore. Under ards. It is, in fact, responsible for very a mile of gravel road that runs west of the Speaker’s announced policy of Jan- serious domestic Chinese food poi- my house, and if Michael Chertoff uary 18, 2007, the gentleman from soning outbreaks. came to me and he sad I’m going to Texas (Mr. BURGESS) is recognized for Number 2, the Chinese Government give you $4 million but it’s your job to 60 minutes. appears to be determined to avoid em- make sure that only 75 percent of the Mr. BURGESS. Mr. Speaker, I thank barrassing food safety outbreaks in ex- people that want to cross that road get the Speaker for the recognition. port markets due to the damaging and across and 25 percent of them stay Mr. Speaker, I come to the floor to- potentially lasting effect that this where they are, that’s our current effi- night to talk about a growing, a dis- would have on their ‘‘Made in China’’ ciency rate that we’re getting out of turbing trend of food and consumer brand. our $8 billion and $4 million a mile on product recalls in this country, safety And thirdly, the lack of meaningful our southern border today. We inter- recalls. Mr. Speaker, the danger is real. internal regulation of farming and food dict about 25 percent of those trying, That danger has been widely docu- processing in China, the advanced de- and about 75 percent get across. You mented. It’s been widely discussed in velopment of the document counter- might argue it’s one out of three, but the media, in committee hearings, the feiting industry, and the willingness of they’ll testify one out of three, one out Lou Dobbs show and around the some people to simply break the law, of four. We stopped 1,188,000 going watercooler at work. the willingness of some entrepreneurs across that border in the last year that Mr. Speaker, parents are afraid. in both China and the United States to was reported to me. That means about They’re afraid that their children are smuggle foodstuffs that do not meet 4 million try. That’s about 11,000 a playing with lead-tainted toy sets. Par- quality standards, necessitates a much night, 11,000 a night. Twice the size of ents are afraid that the magnets in more vigorous program of inspection Santa Anna’s army pouring across our toys or charms may cause internal and laboratory testing in China and at southern border, not in the day, at damage if a child accidentally swallows U.S. points of entry than the Food and night. Every single night, Mr. Speaker. them. Families are afraid that the food Drug Administration has been able or What would I do if Michael Chertoff they eat or the food they feed their willing to pursue. said, I’m going to offer you a contract. pets may actually be contaminated Let me say that again, Mr. Speaker, I’d bid it. It wouldn’t be a no-bid con- with plastic that can cause harm or because it’s so important. This neces- tract. I’d want to compete for this, $4 death to their beloved pet. People are sitates a much more vigorous program million for my mile of road. What afraid their toothpaste may contain of inspection and laboratory testing in would I do? antifreeze. People are afraid that the China and at U.S. ports of entry than Well, I’d get out there and build fish they serve to their families may the Food and Drug Administration has something because I know the contain dangerous antibiotics. been able or willing to pursue to date. Humvees cost a lot of money, and uni- Now, I could elaborate about addi- Well, Mr. Speaker, these are impor- forms and retirement programs and tional concerns, but generally, people tant conclusions, and we must not sim- health plans for our Federal employees are afraid about the source of these ply watch the problem worsen. We cost a lot of money. Now, I love our products and the dangers attendant to must be willing to confront the prob- border patrol. They’re doing a great them and rightfully so. Mr. Speaker, lem head-on and transform the Food job, and I’ve been down there to work people are afraid about defective prod- and Drug Administration into an agen- with them, but I would submit they ucts being imported into our country, cy that can fully cope with the impor- could use some help. I would give them and honestly, it seems like most of tation problems of a 21st century a little structure. I’d go in there and these concerns focus around a single world. say, Your job would be a lot easier if country, the People’s Republic of The Energy and Commerce Com- we build you a physical barrier. I’d China. mittee is doing their part to do just want it double. I’d put the fence in, and Consumers’ health and well-being are that. In addition to the staff trip to I’d build the wall. The wall would be being endangered on two fronts: the China, they’re in the middle of a series something that would last a long, long food we eat, the goods we use. Let’s use of five hearings to discuss the topic: time. some time tonight, let’s spend some Can the Food and Drug Administration

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At the the audience asks the question about the Food and Drug Administration hearing on July 17, 2007, on this very how safe it is to consume the products needs to be able to push a big red but- topic a former FDA associate commis- produced and imported from China, he ton with ‘‘stop’’ written on it and im- sioner, William Hubbard, testified that answered, and I quote, You are taking mediately stop the apple from con- in 1999 the Food and Drug Administra- your chances on any imported food, tinuing into the line of commerce. tion drafted a legislative proposal end quote. This legislation would give the Food which would have given the Food and This is a chance we simply cannot af- and Drug Administration this great big Drug Administration authority to re- ford to take. America has to have the red button to push. The idea is simple. quire foreign countries to take more authority to prohibit these foods from If enacted, the Food and Drug Adminis- responsibility for the foods that they coming into our country if they are not tration would have the authority to send into the United States. The agen- safe. We have to be able to stop the embargo a specific food from a specific cy’s proposal would have allowed the food that we would, quote, be taking country if there were repeated in- Food and Drug Administration to em- our chances on, close quote. stances that the type of food produced bargo a given food from a given coun- Chairman DINGELL asked Mr. NELSON had been contaminated. try if there were repeated instances of whether or not the Food and Drug Ad- We frankly need to be able to stop that food being found contaminated ministration can protect the United countries from sending harmful food, when it arrived in the United States. States’ citizens from unsafe imports harmful food products into the United Countries that send safe food would with the resources that they currently States. So H.R. 3967 will allow us to fi- have no reason to be concerned, as they are applying towards this problem, and nally take control of the food that is would be unaffected, but countries that the answer was that would be an em- being sent to America. It would also demonstrated a pattern of disregard for phatic no. Not just no, not yes, no, but send a strong message to countries U.S. safety standards would have to in- an emphatic no. that have, in the past, sent harmful crease their oversight of food exported Well, Mr. Speaker, I also asked Mr. products our way. Solve the problem from their country. NELSON, You were over there for some on your end, or we will take steps to Unfortunately, Congress did not ac- time. What did you all eat when you solve the problem on ours. cept this recommendation in 1999, and were over there? And he replied that After a summer of recall upon recall, neither did the Clinton administration, they ate the food that was served to it’s time to take matters into our own and the situation with some imported them, and this was the food that was hands. I don’t know about you, but I foods from some countries has obvi- also eaten by members of their host am sick and tired of hearing a different ously gotten much worse. country. And I asked him if he had any news story every week about the new Congress has a chance to examine the problem, and he alluded that, yes, some and dangerous products coming in from problem and consider recommenda- members of the committee did have the People’s Republic of China that are tions on how to solve the problem, but problems while they were over there. being sent to America and then subse- you know, Mr. Speaker, the world was Now, I also asked him, when I got my quently have to be recalled. a different place then, and it was dif- chance to question, what protocol they The Health Subcommittee, of which I ficult to anticipate the acceleration of will follow after discovering a contami- am also a member, had a legislative foreign products coming into our coun- nated food supply of foods, specifically hearing on September 26 regarding a try. Was the safety of food products poultry. And we had a witness during bill from Chairman DINGELL, H.R. 3610, from foreign countries not a priority that day, and during my questioning of the Food and Drug Import Safety Act for Congress back in 1999? Well, the an- Mr. James Rice, the vice president and of 2007. swer likely is not as much as it should country manager for Tyson Food in Having reviewed this legislation, I have been, but then, the amount of China, I asked him, So when you find a think the intentions are certainly globalization, the amount of imports problem, do you communicate that to, good. We will look forward to working was nowhere near what we see im- say, the United States authorities so with the chairman on this issue. I don’t ported today. that they know to be on the lookout support every single provision, but I do The question is why we have allowed for similar products in other facilities? support the spirit of the proposed law. the problem to persist when we know Well, do you know what he said? He I believe we need to look toward how how much harm these unsafe products simply said, No, we don’t. other Federal agencies have dealt with have the potential to cause. We may He explained to me that, because this issue and whether it would be ap- not know the answer to that question Tyson was using local Chinese sup- propriate to give the Food and Drug right now, but as I stand here tonight pliers and the products were mostly for Administration similar authorities. to tell you about it, it is absolutely a the Chinese markets, he simply felt it According to the Government Account- priority of mine that I intend to do would not be necessary. ability Office, 15 Federal agencies, 15 something about it. Federal agencies collectively admin- October 11, the Energy and Com- b 2045 ister at least 30 different food laws re- merce Subcommittee on Oversight and In essence, there would be no dia- lated to food safety. Investigations held the third part of a logue whatsoever. Mr. Rice told me The Food and Drug Administration, five-part series on hearings of the Food that if persistent problems from one which is part of the U.S. Department of and Drug Administration’s ability to supplier were identified, no one would Health and Human Services and the assure the safety and security of our alert others as to this problematic sup- Food Safety and Inspection Service, Nation’s food supply. plier. There is no system in place to let which is part of the United States De- According to testimony given by Mr. others know about a bad apple. Well, partment of Agriculture, together com- David Nelson, the senior investigator this is a serious, serious problem. prise a majority of both the total fund- for the Energy and Commerce Com- It was important, so important, that ing and the total staffing of the gov- mittee, currently the Food and Drug I introduced legislation that relates to ernment’s food regulatory system. Administration does not go over and the 1999 proposal that was not acted However, the food safety laws vary see if the products that are produced in upon by Congress. This is H.R. 3967, the greatly from agency to agency, and not China are done so under the same Imported Food Safety Improvement all foods are treated equally. For ex- standards as we depend on here in the Act of 2007, eight years late. I firmly ample, the United States Department United States of America. These are believe that the Food and Drug Admin- of Agriculture, which has jurisdiction the products that are produced in istration needs the ability and the ex- over meat, poultry, eggs, has estab- China that are sent over to the United plicit authority to immediately stop lished an equivalency determination, a States for consumption, the products dangerous foods and products from determination standard for those spe- that Americans will be consuming, and coming into this country. cific foods. they are not produced under American Let me give you an illustration. I On October 11, at the third oversight standards. could think of it like this: goods are investigation hearing on the Food and

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Again, I am in a time when we were still domesti- Democratic leadership of the House to quoting: ‘‘Equivalency is the founda- cally growing the majority of our own allow this important piece of legislation of our system of imports. It recog- foods. While we do have real issues here tion to go through the regular process, nizes that an exporting country can at home to deal with regarding our let it go through the normal process. provide an appropriate level of food food regulatory system, at least we We saw what happened with the reau- safety even if those measures are dif- have a regulatory system to deal with thorization of the Food and Drug Ad- ferent from those applied here at home. that problem. ministration early this year. It was a Food safety and inspection service has This is not the case for all of the good product. Although the bill was always required an assessment of for- countries involved from which we re- vastly different coming out than it was eign inspection systems before those ceive food. It seems that it would be going in, I think we have got a better nations can export to the United common sense that we would only im- bill at the end of the process. It was States of America. This prior review is port food from a country if they can worked on by staff, worked on at the mandated by our laws, which originally prove that their system is as safe as subcommittee level, worked on by required that a foreign system be equal ours. Yet only the U.S. Department of staff, worked on at the full committee to our system before any foreign prod- Agriculture can require this, which, level, went to conference and ulti- uct can be admitted.’’ once again, controls 20 percent of our mately we got an FDA reauthorization It has to be equal to our system be- food supply, 20 percent equivalency, 80 bill that I thought was quite service- fore they have the able to import under percent, no match. It seems to me that able. rules put forth by the United States it may be time to rebalance that port- We saw the system at its worst in the Department of Agriculture. So that’s folio or at least make the 80 percent of past eight weeks with the State Chil- one set. the food that’s imported as safe as the dren’s Health Insurance Program He further went on to state: ‘‘An ex- 20 percent that’s under the jurisdiction where regular order was subverted: porting country has the burden of prov- of the United States Department of Ag- here is the bill, up or down, take it or ing that its system is equivalent to our riculture with their equivalency stand- leave it, got to ram it through the own if that country wishes to export to ards. committee in 8 hours, got to ram it the United States.’’ Now, it seems to be very arbitrary through the House floor the next day. Now, I understand that applying a that the system the United States De- But, guess what, it’s so bad even the system of equivalency, the system of partment of Agriculture can employ is Senate won’t touch it. equivalency that has been developed by so much tougher than the system the So we come back with a Senate bill, the United States Department of Agri- Food and Drug Administration can em- but it’s not really a conference prod- culture, taking that same system and ploy. Yet at the end of the day, all that uct. That SCHIP product that came applying it to the Food and Drug Ad- food, all that food winds up on the from the Senate in September was, in ministration, is tough. Because, in fair- same kitchen table. No one makes a fact, a new bill. It could have gone to ness, the Food and Drug Administra- distinction that, well, this is the 20 the subcommittee level, it could have tion has about 80 percent of the juris- percent that we got under the jurisdic- gone to the full committee, it could diction of imported food to roughly 20 tion of the FDA or the United States have been modified, it could have been percent that is imported under the ju- Department of Agriculture, and this is amended, it could have been reworked, risdiction of the United States Depart- the 80 percent we got from the Food there could have been input from both ment of Agriculture. So, clearly, this and Drug Administration, so we will be sides. will be an extremely difficult and oner- much more circumspect about this 80 If your goal is only the next election, ous task for the Food and Drug Admin- percent of the food that’s on our table then you are going to do things like we istration to undertake. than the 20 percent that’s under the ju- have seen the last 8 weeks with the Currently, only 33 countries are eligi- risdiction of the U.S. Department of State Children’s Health Insurance Pro- ble to import meat or poultry products Agriculture. gram. If your goal is focused on near- into the United States. If the exact That’s nonsense. We know that term, mid-term and far-term priorities, standard that the United States De- doesn’t happen in American homes. if you are worried about what your leg- partment of Agriculture employs was Americans don’t discriminate food islation is going to do to Americans 10 used by the FDA, it would drastically upon the agency that regulates them, years, 20 years, 30 years from now, you change, and some people might say it nor should they, nor should they be will take the time to do it correctly. would hinder or even cripple the food asked to. But it’s curious that Congress Well, I hope we take the time to do it system if there were not enough re- does. Congress sets forth these dual correctly with the food safety import sources available to support it. standards, you might say dueling bill that we will be taking up next As former Speaker of the House Newt standards, and Congress must have a week. Gingrich says: ‘‘Real change requires candid discussion on whether or not we Well, let’s not allow the issue of pro- real change.’’ Maybe the system should need to make the systems more com- tecting our families from harmful and be drastically changed. Consider this: parable. Again, former Speaker Newt dangerous goods coming over from in 2005, 15 percent of the overall food Gingrich: ‘‘Real change requires real other countries to become a debate of was imported. Between 1996 and 2006, a change.’’ R versus D, one side versus the other, a decade, the amount of U.S. imports of Now, Chairman DINGELL’s food safety political bludgeon, a political wedge, agriculture and seafood products from bill is tentatively scheduled to be make all the political hay you can be- all countries increased by 42 percent. marked up at both the subcommittee cause 2008, after all, is going to be a Furthermore, in the last decade, the level and the full committee level the year where it’s all politics all the time. volume of Food and Drug Administra- week of November 5, that’s next week. No, we cannot do that. This is some- tion-regulated imports has tripled. It’s my goal to encourage this frank thing that I am certain holds some res- Chinese imports to the United States conversation at the committee level onance in the minds of us all working have increased more rapidly than the and hopefully Members of both sides of together, find the most efficient and ef- global average. Between the years 1996 the aisle will continue to have input on fective method of solving this crisis to 2006, the volume of Chinese imports, this important issue. and solving it now. It ought to be the of the imports of Chinese agriculture Now, we all know, although it hasn’t priority for every one of us in this and seafood products, increased by 346 been the experience of late, we all House. percent. China is now the third largest know that the system works best, and Well, let’s move from food safety and exporter of agriculture and seafood we have the most effective legislation consider the issue of consumer product

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The are finding their way into our country? about the issue of recalls, many people, United States Consumer Products Safe- And another aspect, what do you do myself included, are concerned about ty Commission estimated that over 90 about nonprofits, Salvation Army, the source of all of those recalls since percent of the toy recalls were made in Goodwill? In my hometown of it appears to be, and maybe it’s just China. Lewisville, Christian Community Ac- me, but it appears to be that the ma- We’ll take our stop button down for a tion, that’s located in Denton County, jority of those recalls all emanate from minute because it doesn’t seem to be they can provide some invaluable re- a single source, a single country. Of doing any good anyway. Let’s look at source to their communities because of course, those are goods that are manu- this. It’s not doing any good because what they do with recycling used prod- factured in the People’s Republic of we don’t have one and we need one. ucts. But they also have an obligation China. Now, Mr. Speaker, I’m just a simple to make certain that they comply with Christmas, if we can say Christmas country doctor who ran and won the all of the issues resulting from a recall. on the House floor, Christmas is rap- race for Congress several years ago, but Now, I’ve been informed by some of idly approaching. I cannot help but I find myself asking myself over and the nonprofits back in my home dis- think there would be a huge market, a over, what in the world can we do to tricts in Texas that, through no faults huge market for any manufacturer who protect ourselves and our families? of their own, they are unaware of many wanted to put the ‘‘Made in America’’ Here’s a poster from the Consumer of the product recalls and, therefore, label on their toys and products, Product Safety Commission that shows the fear is that they could inadvert- maybe a little bitty American flag on just a few of the consumer product re- ently sell or resell a recalled product that toy or product as well. calls for the month of October: trick- to a family or to an individual. So I’m I encourage retailers, I encourage re- or-treat bucket, some type of sword, a currently working with the United tailers to think about this. Stock as sprinkler that looks like a turtle, a States Consumer Product Safety Com- many ‘‘Made in America’’ products as child’s gardening equipment, a mission to try to close this gap. you can. I will bet they are big sellers bendable dinosaur, a crash helmet. I Now, this is, Mr. Speaker, this is just this year. Since the majority of all of don’t know what that is. I don’t know a blowup of the Web site listing the the products that are being recalled what that is. A skull and cross bones Web site up here at the top, this year were made in China, quite and a boot. All of these things, and this www.cpsc.gov, Consumer Product Safe- honestly, this year, myself and my is not the total amount of recalls, but ty Commission. And on the opening family have made the personal decision all of these things were recalled, issued page there is a place where, I’ve got the to try to not buy anything with a recalls in the month of October alone. arrow pointing to it, but there’s a place ‘‘Made in China’’ label. We regard it as For the safety of our families we need on the page where you can sign up for a warning label, just the same as you to get to the bottom of the cause be- e-mail announcements of product safe- would see on a package of cigarettes. hind all of the recalls. ty recalls and certainly encourage non- Warning: purchasing this product may Well, Mr. Speaker, I also sit on the profits to take part in that. But real- be hazardous to your health, your Commerce, Trade and Consumer Pro- istically, any American consumer, any child’s health or your loved one’s tection Subcommittee which has juris- consuming American family may well health or your pet’s health. diction over this issue, and our com- want to do the same thing so they get Given all the circumstances, it seems mittee is investigating the problem, immediate notification through an e- like the right thing for me to do and and in the weeks to come, legislation mail-based system if there is a product my family. I feel certain that other will be introduced on this issue. We’ve recall. American families have made similar passed bills individually recently that Unfortunately, based on the testi- decisions. I know because I heard about have dealt with specific issues, the spe- mony and the work we’ve seen that has it over and over again during the Au- cific safety concerns of consumer prod- occurred in our committee, I’ve got to gust recess at town hall meetings. I got ucts, including a bill that I amended to believe that we’re nowhere near the the feeling that the Lou Dobbs family make ornamental pools safer, and the end of this. And unfortunately, as we is probably among them. committee is currently formulating drive further into the Christmas sea- Well, this concern about imported comprehensive bipartisan legislation son, we may see other product recalls products is real, and it has been sub- to strengthen the consumer product and they may yet dwarf the size of the stantiated with real data. The United safety system in this country. A lot of recalls. As big as they’ve been, they States Consumer Product Safety Com- topics are on the table, including en- may dwarf the size of the recalls that mission, which is tasked with the job hancing the commission’s recall au- have already occurred this year. of trying to safeguard our society from thority. I firmly believe that we must Well, while we continue to try to unreasonable risk of injury and death improve the United States Consumer close the gap through legislation, I en- associated with consumer products, in- Product Safety Commission’s ability to courage Members of Congress and, Mr. forms me that as of this week, 2007, the notify consumers about dangerous Speaker, I know we can’t directly ad- year 2007, not even completed yet, but products more quickly and on a broad- dress the audience on C–SPAN, but if I so far in year 2007, year-to-date, a er scope. could do that, I would ask them to per- record-breaking 472 consumer product I am very concerned that there may haps consider signing up for the prod- safety recalls. Of the 472 consumer be a large gap of people and associa- uct recall safety alerts. It’s easy, it’s product safety recalls, more than 60 tions that are not receiving the infor- free, and it just might save a life. If percent were manufactured in the Peo- mation about the product recalls in a you have access to an e-mail account ple’s Republic of China. timely manner. As we all know, prod- and the Internet, all you’ve got to do is Are you beginning to pick up on the ucts are recalled because they have go to the United States Consumer repetitive nature of this theme? More been found to have some element of Product Safety Commission’s home than 60 percent of all recall products danger to the consumer and they need page, again, www.cpsc.gov and sign up this past year were made in China. to be immediately gathered in and for free recall and safety news. So, usage stopped and somehow safely dis- again, www.cpsc.gov. And yes, for peo- b 2100 carded. ple who English is not the primary lan- Furthermore, of the 472 total con- We always wonder: What are you guage, you can sign up in English and sumer product recalls, 61 of those re- going to do with all of those lead based in Spanish. calls affected whom, our most vulner- toys that come into this country? You The Consumer Product Safety Com- able members of society, our children. can’t burn them because we don’t want mission also has a neighborhood safety

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Unfortunately, though, me and it costs $9, I’m going to take Congress to create and enact those certain groups of Americans, such as the $9 bucket of chicken, thank you rules and earn back the trust of the the elderly, urban and rural low-in- very much. And we hear over and over American people in the process. come families, and some minority again, well, consumers don’t want to Thank you, Mr. Speaker. You’ve been groups often don’t hear about the safe- pay higher prices. They want lower very indulgent. ty messages from the government. Cer- price. No, the consumer wants safe I will yield back the balance of my tainly, additional outreach is needed. products, and if the consumer has to time. One of the reasons to sign up for the pay a little bit more to ensure that f product e-mail alerts is, you know, Mr. those products are safe, they’re willing Speaker, there may be some unscrupu- to do that, because everyone is sick of LEAVE OF ABSENCE lous vendors out there who, after a re- recall upon recall upon recall. Don’t let By unanimous consent, leave of ab- call, after a recall has been issued, may the summer of recalls become the fall sence was granted to: take up and resell these products in a of recalls, become the winter of recalls, Mr. LEVIN (at the request of Mr. bargain house somewhere. So we want become the election year of recalls in HOYER) for today after 3 p.m. people to have easy and free access to 2008. We have it in our power to stop Mr. WILSON of Ohio (at the request of the information so, obviously, they can this process. Begin more manufac- Mr. HOYER) for today and the balance make the best decisions. turing in this country. Manufacturers of the week on account of medical rea- So please help make your community who step up and do that, I think, will sons. safer by getting the word out about be handsomely rewarded. Food import- Mr. WELLER of Illinois (at the request how to get notification on these prod- ers who actually stop all of the impor- of Mr. BOEHNER) for today and the bal- uct safety recalls. I’m a member of the Neighborhood tation and work with American farm- ance of the week on account of per- Safety Network and will disseminate ers to buy American products, I think, sonal reasons. information through my Web site, will be rewarded. I would pay the extra f buck for a bucket of chicken that www.house.gov/burgess. Information SPECIAL ORDERS GRANTED available in linking you to the CPSC wasn’t going to poison me or my fam- Web site is available through that Web ily. And most Americans would feel the By unanimous consent, permission to site as well. Again, www.house.gov/bur- same way. I would pay the extra buck address the House, following the legis- gess. for a 50-pound bag of dog food that’s lative program and any special orders Well, with all the talking I’ve done not going to give my beloved pet kid- heretofore entered, was granted to: on this, I’m sure some people, Mr. ney failure and take them from me (The following Members (at the re- Speaker, would ask, is there a down- early. quest of Mr. CUMMINGS) to revise and side? Is there a dark side of this that This is a pretty simple concept. If we extend their remarks and include ex- we should consider? And the answer is, can assure the safety in this country, traneous material:) of course, yes. You must always be cau- let’s move the manufacturing, let’s Ms. WOOLSEY, for 5 minutes, today. tious of jumping over the line. We all move the production, let’s move the Mr. CUMMINGS, for 5 minutes, today. worry about the encroaching reach and farming production to where we know Mr. SNYDER, for 5 minutes, today. grasp of an ever-expanding Federal we can have the safety and the over- Mrs. MCCARTHY of New York, for 5 Government. We worry about things sight that’s required. minutes, today. like federalizing our child’s toy sets. Mr. Speaker, we have to be vigilant Ms. KAPTUR, for 5 minutes, today. But at the same time, the Federal Gov- in our plight in restoring safety and Mr. MEEKS of New York, for 5 min- ernment does have an important duty trust back to the foods we eat and the utes, today. to the safety and welfare of all Ameri- products that we use. I believe that the Ms. WATERS, for 5 minutes, today. cans. And the last thing you want is for legislation introduced, H.R. 3967, the (The following Members (at the re- the Federal Government to have con- Food Import and Safety Act of 2007, quest of Mr. GOHMERT) to revise and ex- trol over every item that you buy. But will further this goal, as will the en- tend their remarks and include extra- there’s got to be a balancing test. And hanced recall authority by the United neous material:) right now, I’m afraid the balance has States Consumer Product Safety Com- Mr. POE, for 5 minutes, November 6. tipped too far the other way, and the mission that we’ve also talked about Mr. JONES of North Carolina, for 5 actual protection for the consumer tonight. minutes, November 6. doesn’t exist. Compromising the safety of foods we Mr. PETERSON of Pennsylvania, for 5 I started out the beginning of my put on our tables is, frankly, not an op- minutes, today. talk talking about recalls, and cer- tion. Compromising consumer products Mr. HASTINGS of Washington, for 5 tainly the summer that we’ve just gone we buy for our families is, frankly, not minutes, October 31. through has been the summer of re- an option. Compromising the security Mr. PENCE, for 5 minutes, today. of Americans can never be an option. calls. We’ve had several of the individ- f uals come in and testify in our com- Compromising cannot be an option mittee about where the process broke that we take because we lack power. ENROLLED BILL SIGNED down, where it went wrong. Again, H.R. 3967 gives us back that power, Ms. Lorraine C. Miller, Clerk of the there’s a way to avoid the recall after gives us that big red stop button. If House, reported and found truly en- recall after recall that we’ve witnessed something’s coming in from overseas rolled a bill of the House of the fol- the past several months in products and, hey, we see it’s wrong, we see it’s lowing title, which was thereupon coming in from overseas and from one tainted, stop. Stop. Don’t let it even signed by the Speaker: country in particular; and one way to come on our shores. Don’t let us be the H.R. 3678. An act to amend the Internet do that would be for manufacturers to ones that have to dispose of the stuff. Tax Freedom Act to extend the moratorium increase the manufacturing that takes Stop it. Send it back where it came on certain taxes relating to the Internet and place in the United States of America. from. to electronic commerce. I can think of no better way to market We can no longer sit back and allow f your products than to say with a little harmful products to reach our homes. American flag and a little ‘‘Made in All Americans, my family included, SENATE ENROLLED BILLS SIGNED America’’ label on that toy. have the choice to take a stance indi- The Speaker announced her signa- I mean, we talked about food safety, vidually and not buy products with ture to enrolled bills of the Senate of Mr. Speaker, at the beginning of this. those warning labels on them. The the following titles:

VerDate Aug 31 2005 03:40 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00079 Fmt 7634 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\H30OC7.REC H30OC7 mmaher on MIKETEMP with CONG-REC-ONLINE H12236 CONGRESSIONAL RECORD — HOUSE October 30, 2007 S. 2106. An act to provide nationwide sub- 3932. A letter from the Chief, Regulations 3941. A letter from the Chief, Regulations poena authority for actions brought under and Administrative Law, USCG, Department and Administrative Law, USCG, Department the September 11 Victim Compensation Fund of Homeland Security, transmitting the De- of Homeland Security, transmitting the De- of 2001. partment’s final rule — Safety Zone; Bis- partment’s final rule — Safety Zone; S. 2258. An act to temporarily extend the cayne Bay Yacht Racing Association Full Petoskey Fireworks Display, Lake Michigan, programs under the Higher Education Act of Moon Races, Biscayne Bay, Miami, FL Petoskey, MI [CGD09-07-108] (RIN: 1625-AA00) 1965, to amend the definition of an eligible [COTP MIAMI 07-065] (RIN: 1625-AA00) re- received October 1, 2007, pursuant to 5 U.S.C. not-for-profit holder, and for other purposes. ceived October 1, 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Transpor- f 801(a)(1)(A); to the Committee on Transpor- tation and Infrastructure. tation and Infrastructure. f ADJOURNMENT 3933. A letter from the Chief, Regulations REPORTS OF COMMITTEES ON Mr. BURGESS. Mr. Speaker, I move and Administrative Law, USCG, Department of Homeland Security, transmitting the De- PUBLIC BILLS AND RESOLUTIONS that the House do now adjourn. partment’s final rule — Safety Zone for Ma- Under clause 2 of rule XIII, reports of The motion was agreed to; accord- rine Events; New River, Jacksonville, North ingly (at 9 o’clock and 14 minutes Carolina [Docket No. COTP North Carolina committees were delivered to the Clerk p.m.), the House adjourned until to- CGD05-07-071] (RIN: 1625-AA00) received Octo- for printing and reference to the proper morrow, Wednesday, October 31, 2007, ber 1, 2007, pursuant to 5 U.S.C. 801(a)(1)(A); calendar, as follows: at 10 a.m. to the Committee on Transportation and In- Mr. CONYERS: Committee on the Judici- frastructure. ary. H.R. 2830. A bill to authorize appropria- f 3934. A letter from the Chief, Regulations tions for the Coast Guard for fiscal year 2008, EXECUTIVE COMMUNICATIONS, and Administrative Law, USCG, Department and for other purposes; with an amendment ETC. of Homeland Security, transmitting the De- (Rept. 110–338 Pt. 3). Ordered to be printed. partment’s final rule — Safety Zone; San Mr. FRANK of Massachusetts: Committee Under clause 8 of rule XII, executive Francisco Giants Fireworks Display, San on Financial Services. H.R. 2787. A bill to communications were taken from the Francisco Bay, CA [COTP San Francisco Bay amend the National Manufactured Housing Speaker’s table and referred as follows: 07-031] (RIN: 1625-AA00) received October 1, Construction and Safety Standards Act of 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the 3925. A letter from the Counsel for Legisla- 1974 to require that weather radios be in- Committee on Transportation and Infra- tion and Regulations, Department of Hous- stalled in all manufactured homes manufac- structure. ing and Urban Development, transmitting tured or sold in the United States; with an 3935. A letter from the Chief, Regulations the Department’s final rule — Standards for amendment (Rept. 110–415). Referred to the and Administrative Law, USCG, Department Mortgagor’s Investment in Mortgaged Prop- Committee of the Whole House on the State of Homeland Security, transmitting the De- erty [Docket No. FR-5087-F-02] (RIN: 2502- of the Union. partment’s final rule — Safety Zone: Labor Mr. MCGOVERN: Committee on Rules. AI52) received October 16, 2007, pursuant to 5 Day Celebration Fireworks, Village Beach House Resolution 780. Resolution providing U.S.C. 801(a)(1)(A); to the Committee on Fi- Fishing Pier, Hog Island Channel, Island for the consideration of the bill (H.R. 2262) to nancial Services. Park, NY [CGD01-07-116] (RIN: 1625-AA00) re- modify the requirements applicable to 3926. A letter from the Counsel for Legisla- ceived October 1, 2007, pursuant to 5 U.S.C. locatable minerals on public domain lands, tion and Regulations, Department of Hous- 801(a)(1)(A); to the Committee on Transpor- consistent with the principles of self-initi- ing and Urban Development, transmitting tation and Infrastructure. ation of mining claims, and for other pur- the Department’s final rule — Housing Coun- 3936. A letter from the Chief, Regulations poses (Rept. 110–416). Referred to the House seling Program [Docket No. FR-4798-F-02] and Administrative Law, USCG, Department Calendar. (RIN: 2502-AH99) received October 15, 2007, of Homeland Security, transmitting the De- Mr. WELCH of Vermont: Committee on pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- partment’s final rule — Safety Zone; Rules. House Resolution 781. Resolution pro- mittee on Financial Services. Charlevoix Venetian Night Fireworks, Lake viding for consideration of the bill (H.R. 3920) 3927. A letter from the Assistant Secretary, Michigan, Charlevoix, MI [CGD09-07-050] to amend the Trade Act of 1974 to reauthor- Employee Benefits Security Administration, (RIN: 1625-AA00) received October 1, 2007, ize trade adjustment assistance, to extend Department of Labor, transmitting the De- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- trade adjustment assistance to service work- partment’s final rule — Default Investment mittee on Transportation and Infrastruc- ers and firms, and for other purposes (Rept. Alternatives Under Participant Directed In- ture. 110–417). Referred to the House Calendar. dividual Account Plans (RIN: 1210-AB10) re- 3937. A letter from the Chief, Regulations f ceived October 25, 2007, pursuant to 5 U.S.C. and Administrative Law, USCG, Department 801(a)(1)(A); to the Committee on Education of Homeland Security, transmitting the De- PUBLIC BILLS AND RESOLUTIONS and Labor. partment’s final rule — Safety Zone; Oswego Under clause 2 of rule XII, public 3928. A letter from the Assistant Secretary Harborfest 2007, Oswego, NY [CGD09-07-055] for Legislative Affairs, Department of State, (RIN: 1625-AA00) received October 1, 2007, bills and resolutions were introduced transmitting a copy of a Presidential Deter- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- and severally referred, as follows: mination, pursuant to Section 102 (a )(2) of mittee on Transportation and Infrastruc- By Mr. SCOTT of Virginia (for himself, the Arms Export Control Act; to the Com- ture. Mr. FORBES, Mr. KENNEDY, Mr. mittee on Foreign Affairs. 3938. A letter from the Chief, Regulations DELAHUNT, Mr. DANIEL E. LUNGREN of 3929. A letter from the OGE Director, Of- and Administrative Law, USCG, Department California, Mr. NADLER, Mr. COBLE, fice of Government Ethics, transmitting the of Homeland Security, transmitting the De- Mr. RAMSTAD, Ms. JACKSON-LEE of Office’s final rule — Amendments to Incor- partment’s final rule — Safety Zone; Mack- Texas, Mr. PLATTS, Mrs. NAPOLITANO, porate a Statement Regarding the ‘‘Sole and inac Bridge 50th Anniversary Celebration, and Mr. ELLISON): Exclusive’’ Nature of the Authority that the Lake Huron, Mackinaw City, MI [CGD09-07- H.R. 3992. A bill to amend title I of the Om- Regulations of the Office of Government 060] (RIN: 1625-AA00) received October 1, 2007, nibus Crime Control and Safe Streets Act of Ethics Confer on Executive Branch Depart- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 1968 to provide grants for the improved men- ments and Agencies (RINs: 3209-AA00 and mittee on Transportation and Infrastruc- tal health treatment and services provided 3209-AA07) received October 10, 2007, pursuant ture. to offenders with mental illnesses, and for to 5 U.S.C. 801(a)(1)(A); to the Committee on 3939. A letter from the Chief, Regulations other purposes; to the Committee on the Ju- Oversight and Government Reform. and Administrative Law, USCG, Department diciary. 3930. A letter from the Director, Office of of Homeland Security, transmitting the De- By Mr. ALTMIRE: Surface Mining, Department of the Interior, partment’s final rule — Safety Zone; Macki- H.R. 3993. A bill to provide for a prohibi- transmitting the Department’s final rule — naw Bridge 50th Anniversary Celebration, tion on discrimination in employment Virginia Regulatory Program [VA-125-FOR] Lake Huron, St. Ignace, MI [CGD09-07-061] against certain family members caring for received October 15, 2007, pursuant to 5 (RIN: 1625-AA00) received October 1, 2007, recovering members of the Armed Forces; to U.S.C. 801(a)(1)(A); to the Committee on Nat- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- the Committee on Education and Labor, and ural Resources. mittee on Transportation and Infrastruc- in addition to the Committees on Oversight 3931. A letter from the Acting General ture. and Government Reform, and House Admin- Counsel, Department of Justice, transmit- 3940. A letter from the Chief, Regulations istration, for a period to be subsequently de- ting the Department’s final rule — Authori- and Administrative Law, USCG, Department termined by the Speaker, in each case for ties Delegated to the Director of the Execu- of Homeland Security, transmitting the De- consideration of such provisions as fall with- tive Office for Immigration Review, and the partment’s final rule — Safety Zone; USA in the jurisdiction of the committee con- Chief Immigration Judge [Docket No. EOIR Wakeboard Nationals, Onondaga Lake, cerned. 125F; AG Order No. 2907-2007] (RIN: 1125- Liverpool, NY [CGD09-07-062] (RIN: 1625- By Mr. BOREN (for himself, Mr. RA- AA27) received October 11, 2007, pursuant to AA00) received October 1, 2007, pursuant to 5 HALL, and Mr. PALLONE): 5 U.S.C. 801(a)(1)(A); to the Committee on the U.S.C. 801(a)(1)(A); to the Committee on H.R. 3994. A bill to amend the Indian Self- Judiciary. Transportation and Infrastructure. Determination and Education Assistance Act

VerDate Aug 31 2005 03:40 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00080 Fmt 7634 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\H30OC7.REC H30OC7 mmaher on MIKETEMP with CONG-REC-ONLINE October 30, 2007 CONGRESSIONAL RECORD — HOUSE H12237 to provide further self-governance by Indian H.R. 4005. A bill to amend title 18, United Beach, North Carolina, which killed six Uni- tribes, and for other purposes; to the Com- States Code, to prevent misrepresentation of versity of South Carolina students and one mittee on Natural Resources. their ages by on-line predators as a means student from Clemson University on October By Mr. FRANK of Massachusetts: for the enticement of children; to the Com- 28, 2007; to the Committee on Oversight and H.R. 3995. A bill to protect the interests of mittee on the Judiciary. Government Reform. each resident of intermediate care facilities By Mr. LEWIS of Kentucky: By Ms. ZOE LOFGREN of California for the mentally retarded in class action H.R. 4006. A bill to suspend temporarily the (for herself, Mr. DREIER, Ms. PELOSI, lawsuits on behalf of such resident; to the duty on 3,3’-Dichlorobenzidine Mr. WAXMAN, Mr. THOMPSON of Cali- Committee on the Judiciary. Dihydrochloride; to the Committee on Ways fornia, Mr. HERGER, Mr. DANIEL E. By Mr. RANGEL: and Means. LUNGREN of California, Mr. DOO- H.R. 3996. A bill to amend the Internal Rev- By Ms. ZOE LOFGREN of California LITTLE, Ms. MATSUI, Ms. WOOLSEY, enue Code of 1986 to extend certain expiring (for herself, Mr. SMITH of New Jersey, Mr. GEORGE MILLER of California, Ms. provisions, and for other purposes; to the Ms. LORETTA SANCHEZ of California, LEE, Mrs. TAUSCHER, Mr. MCNERNEY, Committee on Ways and Means. and Mr. TOM DAVIS of Virginia): Mr. LANTOS, Mr. STARK, Ms. ESHOO, By Mr. RANGEL: H.R. 4007. A bill to amend the Immigration Mr. HONDA, Mr. FARR, Mr. CARDOZA, H.R. 3997. A bill to amend the Internal Rev- and Nationality Act to provide citizenship Mr. RADANOVICH, Mr. COSTA, Mr. enue Code of 1986 to provide earnings assist- for certain children of United States service- NUNES, Mr. MCCARTHY of California, ance and tax relief to members of the uni- men born overseas during the Vietnam and Mrs. CAPPS, Mr. GALLEGLY, Mr. formed services, volunteer firefighters, and Korean Wars; to the Committee on the Judi- MCKEON, Mr. SHERMAN, Mr. BERMAN, Peace Corps volunteers, and for other pur- ciary. Mr. SCHIFF, Mr. BECERRA, Ms. SOLIS, poses; to the Committee on Ways and Means. By Mr. MAHONEY of Florida (for him- Ms. WATSON, Ms. ROYBAL-ALLARD, By Mr. GRIJALVA: self, Mr. LAMPSON, Mr. HODES, Mr. Mrs. NAPOLITANO, Ms. LINDA T. H.R. 3998. A bill to authorize the Secretary HILL, Ms. BEAN, Mr. MATHESON, Mr. SA´ NCHEZ of California, Mr. ROYCE, of the Interior to conduct special resources BARROW, Mr. BACHUS, Mr. KLEIN of Mr. LEWIS of California, Mr. GARY G. studies of certain lands and structures to de- Florida, and Mrs. BACHMANN): MILLER of California, Mr. BACA, Mr. termine the appropriate means for preserva- H.R. 4008. A bill to amend the Fair Credit CALVERT, Mrs. BONO, Mr. ROHR- tion, use, and management of the resources Reporting Act to make technical corrections ABACHER, Ms. LORETTA SANCHEZ of associated with such lands and structures; to to the definition of willful noncompliance California, Mr. CAMPBELL of Cali- the Committee on Natural Resources. with respect to violations involving the fornia, Mr. ISSA, Mr. BILBRAY, Mr. By Mr. OBERSTAR (for himself and printing of an expiration date on certain FILNER, Mr. HUNTER, Mrs. DAVIS of Mr. DEFAZIO): credit and debit card receipts before the date California, Ms. WATERS, Ms. HARMAN, H.R. 3999. A bill to amend title 23, United of the enactment of this Act; to the Com- Mr. THOMPSON of Mississippi, and Ms. States Code, to improve the safety of Fed- mittee on Financial Services, and in addi- RICHARDSON): eral-aid highway bridges, to strengthen tion to the Committee on the Judiciary, for H. Res. 778. A resolution honoring the first bridge inspection standards and processes, to a period to be subsequently determined by responders and supporting the victims of the increase investment in the reconstruction of the Speaker, in each case for consideration Southern California wildfires; to the Com- structurally deficient bridges on the Na- of such provisions as fall within the jurisdic- mittee on Oversight and Government Re- tional Highway System, and for other pur- tion of the committee concerned. form. considered and agreed to. poses; to the Committee on Transportation By Mrs. MILLER of Michigan (for her- By Mr. LATHAM (for himself, Mr. and Infrastructure. self, Mr. CAMP of Michigan, Mr. CON- COSTA, Mrs. MUSGRAVE, and Ms. By Mr. ABERCROMBIE (for himself, YERS, Mr. DINGELL, Mr. EHLERS, Mr. HERSETH SANDLIN): Ms. HIRONO, and Ms. BORDALLO): HOEKSTRA, Mr. KILDEE, Ms. KIL- H. Res. 779. A resolution recognizing the H.R. 4000. A bill to extend eligibility for PATRICK, Mr. KNOLLENBERG, Mr. 100th anniversary of the American Society of certain Federal benefits to citizens of the LEVIN, Mr. MCCOTTER, Mr. ROGERS of Agronomy; to the Committee on Agri- Freely Associated States; to the Committee Michigan, Mr. STUPAK, Mr. UPTON, culture. on Ways and Means, and in addition to the and Mr. WALBERG): By Mr. CAPUANO (for himself, Mr. Committees on Energy and Commerce, and H.R. 4009. A bill to designate the facility of MARKEY, Mr. FRANK of Massachu- Agriculture, for a period to be subsequently the United States Postal Service located at setts, Mr. NEAL of Massachusetts, determined by the Speaker, in each case for 567 West Nepessing Street in Lapeer, Michi- Mr. OLVER, Mr. MCGOVERN, Mr. consideration of such provisions as fall with- gan, as the ‘‘Turrill Post Office Building’’; to TIERNEY, Mr. DELAHUNT, Mr. LYNCH, in the jurisdiction of the committee con- the Committee on Oversight and Govern- Ms. TSONGAS, Ms. SHEA-PORTER, Mr. cerned. ment Reform. HODES, Mr. ALLEN, Mr. MICHAUD, Mr. By Mr. BOUSTANY: By Mr. THOMPSON of Mississippi: WELCH of Vermont, Mr. KENNEDY, Mr. H.R. 4001. A bill to amend title VIII of the H.R. 4010. A bill to designate the facility of LANGEVIN, Ms. DELAURO, Mr. SHAYS, Public Health Service Act to expand the the United States Postal Service located at Mr. LARSON of Connecticut, Mr. nurse student loan program, to establish 100 West Percy Street in Indianola, Mis- COURTNEY, and Mr. MURPHY of Con- grant programs to address the nursing short- sissippi, as the ‘‘Minnie Cox Post Office necticut): age, to amend title VII of the Higher Edu- Building’’; to the Committee on Oversight H. Res. 782. A resolution expressing the cation Act of 1965 to provide for a nurse fac- and Government Reform. sense of the House with respect to the Bos- ulty pilot project, and for other purposes; to By Mr. UDALL of Colorado (for himself ton Red Sox victory in the 2007 Major League the Committee on Energy and Commerce, and Mr. PEARCE): Baseball World Series; to the Committee on and in addition to the Committee on Edu- H.R. 4011. A bill to facilitate the reclama- Oversight and Government Reform. cation and Labor, for a period to be subse- tion of abandoned hardrock mines, and for By Mr. LATOURETTE (for himself and quently determined by the Speaker, in each other purposes; to the Committee on Trans- Mr. CALVERT): case for consideration of such provisions as portation and Infrastructure. H. Res. 783. A resolution expressing the fall within the jurisdiction of the committee By Mrs. WILSON of New Mexico: sense of the House of Representatives that concerned. H.R. 4012. A bill to establish a grant pro- the Department of Veterans Affairs National By Mr. LINCOLN DAVIS of Tennessee gram to provide Native American veterans Cemetery Administration employees, volun- (for himself and Mr. DAVIS of Ken- with language resources to facilitate access teers, and veterans’ service organizations tucky): to medical services provided by the Depart- that perform funeral honors and memorial H.R. 4002. A bill to establish a program to ment of Veterans Affairs; to the Committee honor details should be permitted to recite preserve rural multifamily housing assisted on Veterans’ Affairs. the 13 steps to fold an American flag (known under the Housing Act of 1949; to the Com- By Mr. WILSON of South Carolina (for as the ‘‘13-fold recital’’) at any national cem- mittee on Financial Services. himself, Mr. BROWN of South Caro- etery if requested by the family of the de- By Mr. HARE (for himself and Mr. lina, Mr. BARRETT of South Carolina, ceased; to the Committee on Veterans’ Af- MANZULLO): Mr. CLYBURN, Mr. INGLIS of South fairs. H.R. 4003. A bill to amend title 28, United Carolina, Mr. SPRATT, Ms. MOORE of By Mr. MCCARTHY of California: States Code, to change the composition of Wisconsin, Mr. HAYES, Ms. BORDALLO, H. Res. 784. A resolution recognizing and the northern and central districts of Illinois; Mr. CONAWAY, Mr. ADERHOLT, Mr. honoring, in community post offices, the to the Committee on the Judiciary. BARTLETT of Maryland, Mr. ROTH- service of men and women of the U.S. Armed By Mr. JOHNSON of Illinois: MAN, Mr. COHEN, Mr. LAMPSON, Mr. Forces deployed overseas; to the Committee H.R. 4004. A bill to amend the Internal Rev- TOWNS, Mr. MCINTYRE, Mr. ROGERS of on Oversight and Government Reform. enue Code of 1986 to exclude from gross in- Michigan, Mr. JOHNSON of Georgia, By Mr. ORTIZ (for himself, Mr. HALL of come the stipends received for working as an Mr. ISSA, Mr. BARTON of Texas, Mr. Texas, Mr. AL GREEN of Texas, Mr. election judge; to the Committee on Ways MCCOTTER, Mr. AKIN, and Mr. HINOJOSA, Ms. EDDIE BERNICE JOHN- and Means. WALBERG): SON of Texas, Mr. RODRIGUEZ, Mr. By Mr. KELLER (for himself, Mr. H. Res. 777. A resolution offering condo- REYES, Mr. DOGGETT, Mrs. SMITH of Texas, and Mr. FORBES): lences regarding the tragic fire in Ocean Isle NAPOLITANO, Mr. SMITH of Texas, Mr.

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SERRANO, Mr. GRIJALVA, Mr. PAUL, H.R. 2158: Mr. KNOLLENBERG. H.R. 3650: Mr. SOUDER, Mr. PENCE, and Mr. Mr. EDWARDS, Mr. HENSARLING, Ms. H.R. 2164: Mr. CALVERT. GOODLATTE. JACKSON-LEE of Texas, Mr. MCCAUL H.R. 2230: Mr. MATHESON. H.R. 3665: Mr. GONZALEZ. of Texas, Mr. PASTOR, Mr. SHUSTER, H.R. 2234: Ms. KILPATRICK and Mr. H.R. 3689: Mr. SALAZAR and Mr. PLATTS. Mr. POE, Mr. BARTON of Texas, Mr. LANGEVIN. H.R. 3691: Ms. BORDALLO, Mr. ALTMIRE, Mr. LAMPSON, Mr. GONZALEZ, Mr. H.R. 2266: Mr. LEWIS of Georgia. JEFFERSON, Mr. CHANDLER, and Mr. LYNCH. CONAWAY, Mr. CUELLAR, Mr. GENE H.R. 2327: Mr. CAMPBELL of California and H.R. 3692: Mr. GONZALEZ. GREEN of Texas, Mrs. BOYDA of Kan- Ms. ROYBAL-ALLARD. H.R. 3696: Mr. ROGERS of Alabama and Mr. sas, Mr. SAXTON, and Mr. SALAZAR): H.R. 2329: Mr. ALTMIRE. YARMUTH. H. Res. 785. A resolution recognizing the H.R. 2405: Mr. BACA and Mr. BARTLETT of H.R. 3697: Mr. FOSSELLA and Mr. COOPER. 100th Anniversary of Robstown, Texas; to the Maryland. H.R. 3700: Mr. HARE, Mr. PETERSON of Min- Committee on Oversight and Government H.R. 2406: Mr. UDALL of Colorado and Mr. nesota, and Mr. GRIJALVA. Reform. SESTAK. H.R. 3707: Mr. MCCOTTER. H.R. 2464: Mr. BURGESS. H.R. 3750: Mr. HINOJOSA, Ms. KAPTUR, and f H.R. 2511: Ms. DEGETTE and Mr. MCGOV- Mr. SPACE. PRIVATE BILLS AND ERN. H.R. 3781: Mr. MANZULLO. H.R. 2514: Mr. BOUCHER, Ms. MOORE of Wis- H.R. 3786: Mr. KAGEN, Mr. TERRY, and Mr. RESOLUTIONS consin, Mr. EMANUEL, Mr. SALAZAR, and Mr. SHULER. Under clause 3 of rule XII, HINOJOSA. H.R. 3797: Mr. DENT and Mr. CHANDLER. Mr. WALSH of New York introduced a bill H.R. 2516: Mr. SESTAK. H.R. 3800: Mr. FERGUSON and Mr. TOWNS. (H.R. 4013) for the relief of Maria Manzano; H.R. 2677: Mr. GERLACH. H.R. 3820: Ms. SUTTON. which was referred to the Committee on the H.R. 2695: Mrs. BOYDA of Kansas, Mr. H.R. 3833: Mr. MCCOTTER. H.R. 3845: Mr. KAGEN, and Mr. MCCAUL of Judiciary. LARSON of Connecticut, and Mr. FALEOMAVAEGA. Texas. f H.R. 2758: Mr. COHEN. H.R. 3846: Ms. MATSUI, Mr. FILNER, Mr. H.R. 2762: Mr. CARNAHAN, Ms. CASTOR, Ms. ABERCROMBIE, Mr. DAVIS of Alabama, Mr. ADDITIONAL SPONSORS SOLIS, Mr. SESTAK, Ms. SUTTON, Mr. GOODE, SCOTT of Georgia, and Mr. RYAN of Ohio. Under clause 7 of rule XII, sponsors Mr. AL GREEN of Texas, Mr. MURTHA, Mr. H.R. 3852: Mr. ELLSWORTH and Mr. LEWIS of were added to public bills and resolu- MARKEY, Mr. PEARCE, Mr. KAGEN, Mr. BU- Kentucky. tions as follows: CHANAN, Mr. BISHOP of Georgia, Mr. MITCH- H.R. 3861: Ms. BERKLEY and Mr. LATHAM. ELL, Mr. PATRICK MURPHY of Pennsylvania, H.R. 3865: Mr. PLATTS and Mr. MCNULTY. H.R. 135: Mr. BISHOP of Georgia. Mr. PETERSON of Minnesota, Mr. WYNN, and H.R. 3914: Mrs. CAPPS. H.R. 405: Mr. TERRY. Mr. BECERRA. H.R. 3916: Ms. GRANGER. H.R. 460: Mr. PAUL, Mr. SERRANO, and Ms. H.R. 2768: Ms. CLARKE and Mr. MATHESON. H.R. 3947: Mr. BOUSTANY, Mr. TERRY, Mr. ZOE LOFGREN of California. H.R. 2862: Mr. SHAYS. KIND, and Mr. ABERCROMBIE. H.R. 464: Mr. SMITH of Washington. H.R. 2878: Mr. SPACE, Mr. LANTOS, Mr. H.R. 3951: Mr. HASTERT. H.R. 503: Mr. GENE GREEN of Texas. GOHMERT, Mr. STARK, Mr. MATHESON, Mr. H. J. Res. 54: Mr. CUMMINGS, Mr. GONZALEZ, H.R. 538: Mr. PAUL and Mr. BACA. MCNERNEY, Mr. PASTOR, Mr. COHEN, Mrs. Mr. ROTHMAN, Mr. SPACE, Mr. GALLEGLY, Mr. H.R. 620: Mr. RYAN of Ohio. TAUSCHER, Mr. FRANKS of Arizona, and Mr. FORBES, and Mr. KING of New York. H.R. 699: Mr. CAMP of Michigan. UDALL of Colorado. H. Con. Res. 198: Mr. RUSH. OXX H.R. 749: Ms. F . H.R. 2914: Mr. GERLACH and Mr. GENE H. Con. Res. 211: Mr. HASTINGS of Florida, LATTS H.R. 758: Mr. P . GREEN of Texas. Ms. WATSON, Ms. KILPATRICK, Mr. CLEAVER, H.R. 882: Mr. ELLSWORTH, Mr. HARE, and H.R. 2943: Mr. WEINER, Mr. INSLEE, Mr. Mr. WATT, Ms. CLARKE, Mr. LEWIS of Geor- Mr. BISHOP of New York. CARDOZA, Mr. COSTA, Mr. HASTINGS of Wash- gia, Mr. CLAY, Mr. FATTAH, Mr. CUMMINGS, H.R. 887: Mr. MCGOVERN, Mr. TIBERI, and ington, Ms. GIFFORDS, and Ms. SCHAKOWSKY. Mr. BUTTERFIELD, Mr. CLYBURN, Mr. ELLISON, Mr. SIRES. H.R. 2996: Mr. JONES of North Carolina. Mr. KUCINICH, Mr. DAVIS of Illinois, Mr. PAS- H.R. 943: Mr. THOMPSON of California. H.R. 3005: Mr. GOODE and Mr. CUMMINGS. TOR, Mr. SCOTT of Virginia, Ms. LEE, Mr. AL H.R. 997: Mr. JORDAN of Ohio and Mr. H.R. 3029: Mr. ENGEL, Ms. LEE, and Mr. VAN GREEN of Texas, Mr. MANZULLO, Mr. BAKER. HOLLEN. PASCRELL, Ms. BORDALLO, Mr. MCNULTY, Mr. H.R. 1110: Mr. MOLLOHAN, Mr. COURTNEY, H.R. 3036: Mr. SCOTT of Virginia and Mr. UPTON, Mr. MEEKS of New York, Ms. JACK- Mr. ROGERS of Kentucky, and Mr. DICKS. MORAN of Virginia. SON-LEE of Texas, Mr. DAVIS of Alabama, Ms. H.R. 1174: Mr. HARE. H.R. 3042: Mr. OBERSTAR and Mr. BOUCHER. CORRINE BROWN of Florida, Ms. MOORE of H.R. 1201: Mr. PICKERING. H.R. 3045: Mr. TOWNS, Ms. MATSUI, Ms. Wisconsin, Mr. THOMPSON of Mississippi, Mr. H.R. 1236: Ms. GIFFORDS. WOOLSEY, Mr. UDALL of Colorado, Mr. RUSH, Mrs. JONES of Ohio, Mr. CONYERS, Mr. H.R. 1237: Ms. SOLIS, Mr. ISSA, Ms. KAPTUR, DEFAZIO, and Ms. BALDWIN. BISHOP of Georgia, Mr. COHEN, Mrs. and Mr. HALL of New York. H.R. 3053: Mr. KUCINICH. CHRISTENSEN, Mr. MEEK of Florida, Ms. NOR- H.R. 1275: Mr. BECERRA. H.R. 3119; Mr. HONDA, Mr. MCDERMOTT, Ms. TON, Mr. TOWNS, Mr. RANGEL, Mr. JEFFERSON, H.R. 1280: Mr. MOORE of Kansas. SHEA-PORTER, Mr. TOWNS, and Mr. FRANK of Mr. BAIRD, Mr. KILDEE, Mr. WAXMAN, and Mr. H.R. 1282: Mrs. MCCARTHY of New York. Massachusetts. BURTON of Indiana. H.R. 1283: Mr. YARMUTH. H.R. 3179: Mr. BURTON of Indiana and Mr. H. Con. Res. 214: Mr. GRIJALVA, Mr. H.R. 1293: Mr. LANGEVIN. TERRY. FATTAH, Mrs. JONES of Ohio, Mrs. H.R. 1304: Ms. SLAUGHTER and Ms. H.R. 3298: Mr. LANGEVIN. CHRISTENSEN, and Mr. MARKEY. WASSERMAN SCHULTZ. H.R. 3326: Mr. CARNAHAN. H. Con. Res. 221: Mr. GONZALEZ. H.R. 1420: Ms. KAPTUR and Ms. CARSON. H.R. 3348: Mr. FOSSELLA. H. Con. Res. 235: Mr. CULBERSON. H.R. 1621: Ms. BALDWIN. H.R. 3378: Mr. BLUMENAUER, Mr. ENGLISH of H. Con. Res. 238: Mr. COHEN, Mr. DONNELLY, H.R. 1644: Mr. SHULER. Pennsylvania, Ms. CLARKE, Ms. CORRINE and Mr. MCGOVERN. H.R. 1647: Mr. SERRANO, Mr. ROHRABACHER, BROWN of Florida, Ms. HIRONO, Mr. ABER- H. Con. Res. 239: Mr. RYAN of Ohio, Mr. and Ms. LEE. CROMBIE, and Mr. MEEKS of New York. TERRY, and Mr. KUCINICH. H.R. 1655: Mr. SOUDER. H.R. 3403: Mr. WELLER. H. Res. 111: Mr. MORAN of Kansas, Mr. H.R. 1713: Mr. BRADY of Pennsylvania. H.R. 3457: Mr. POE and Mr. BRADY of Texas. CAMP of Michigan, and Mr. MEEKS of New H.R. 1732: Mr. MOORE of Kansas. H.R. 3461: Mr. MCINTYRE, Mrs. BLACKBURN, York. H.R. 1738: Mr. BAIRD. Mrs. LOWEY, and Mr. SPACE. H. Res. 163: Mr. COURTNEY and Ms. H.R. 1742: Mr. DAVID DAVIS of Tennessee. H.R. 3481: Mr. GONZALEZ. SCHAKOWSKY. H.R. 1884: Mr. KING of Iowa, Mr. SALAZAR, H.R. 3488: Mr. MCCOTTER. H. Res. 335: Mr. ALLEN, Mr. ROSS, Mr. MAR- Ms. LORETTA SANCHEZ of California, and Mr. H.R. 3495: Mrs. LOWEY, Mrs. MALONEY of KEY, Mr. ENGEL, Mr. DAVIS of Illinois, Ms. FRANK of Massachusetts. New York, and Mr. MELANCON. WATSON, Mr. TOWNS, Mr. RUSH, Ms. H.R. 1927: Mr. LANGEVIN. H.R. 3531: Mr. ALEXANDER. DEGETTE, Ms. HARMAN, Ms. SOLIS, Mr. INS- H.R. 1937: Mrs. BLACKBURN and Mr. H.R. 3533: Mr. PETERSON of Minnesota, Mr. LEE, Mr. BARROW, Mr. HILL, Ms. MOORE of ALTMIRE. ALTMIRE, and Mr. MCCAUL of Texas. Wisconsin, Mr. PASCRELL, Mr. BOUCHER, Mr. H.R. 1975: Mr. HARE. H.R. 3541: Mr. TIM MURPHY of Pennsyl- WYNN, Mr. GENE GREEN of Texas, Mr. GON- H.R. 1983: Mr. KING of Iowa. vania. ZALEZ, Mr. WEINER, Mrs. MCCARTHY of New H.R. 1992: Ms. BERKLEY, Mr. RODRIGUEZ, H.R. 3543: Mr. ROTHMAN and Ms. SUTTON. York, and Mr. RODRIGUEZ. Mr. MILLER of North Carolina, Ms. ROYBAL- H.R. 3548: Mr. SPACE, Mr. MORAN of Vir- H. Res. 435: Mr. ALTMIRE and Ms. ROS- ALLARD, Mr. BOSWELL, Mr. PALLONE, and Mr. ginia, and Mrs. DAVIS of California. LEHTINEN. OLVER. H.R. 3561: Mr. FARR. H. Res. 556: Mr. GRAVES, Mr. CARNAHAN, H.R. 2032: Ms. CORRINE BROWN of Florida. H.R. 3585: Mr. COURTNEY. and Mr. WOLF. H.R. 2045: Mr. GERLACH. H.R. 3631: Mr. HOLT. H. Res. 656: Mr. SHULER and Mr. ENGLISH of H.R. 2073: Mr. COHEN. H.R. 3633: Ms. HOOLEY. Pennsylvania.

VerDate Aug 31 2005 03:40 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00082 Fmt 7634 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\H30OC7.REC H30OC7 mmaher on MIKETEMP with CONG-REC-ONLINE October 30, 2007 CONGRESSIONAL RECORD — HOUSE H12239 H. Res. 695: Mr. TERRY, Mr. HENSARLING, CONGRESSIONAL EARMARKS, LIM- 3920, the Trade and Globalization Assistance Mr. KINGSTON, Mr. HOLDEN, Mrs. ITED TAX BENEFITS, OR LIM- Act of 2007, does not contain any congres- CHRISTENSEN, Mr. DAVID DAVIS of Tennessee, ITED TARIFF BENEFITS sional earmarks, limited tax benefits, or lim- Mr. KELLER, Mr. BURGESS, Mr. ROTHMAN, Mr. ited tariff benefits as defined in clause 9(d), BRADY of Texas, Ms. GIFFORDS, Mr. MORAN of Under clause 9 of rule XXI, lists or 9(e), or 9(f) of rule XXI. Virginia, Mr. SAXTON, Mr. REYNOLDS, Mr. statements on congressional earmarks, BILBRAY, Mr. HOEKSTRA, Mr. PAYNE, Mr. limited tax benefits, or limited tariff f FOSSELLA, and Mr. LEWIS of California. benefits were submitted as follows: H. Res. 743: Mr. BISHOP of New York. The amendment to be offered by Rep- DELETIONS OF SPONSORS FROM H. Res. 744: Mr. KAGEN. resentative Rahall or a designee to H.R. 2262, PUBLIC BILLS AND RESOLUTIONS the Hardrock Mining and Reclamation Act of H. Res. 754: Mr. ENGLISH of Pennsylvania Under clause 7 of rule XII, sponsors 2007, does not contain any congressional ear- and Ms. DEGETTE. marks, limited tax benefits, or limited tariff were deleted from public bills and reso- H. Res. 760: Mr. DONNELLY and Mr. GEORGE benefits as defined in clause 9(d), 9(e), or 9(f) lutions as follows: MILLER of California. of rule XXI. H.R. 3547: Mr. WYNN, Mr. BISHOP of Geor- H. Res. 768: Mr. CROWLEY and Mr. MCGOV- The amendment to be offered by Rep- gia, Ms. JACKSON-LEE of Texas, Mr. SCOTT of ERN. resentative MCCRERY or a designee to H.R. Georgia, and Mr. CUMMINGS.

VerDate Aug 31 2005 03:40 Nov 30, 2007 Jkt 059060 PO 00000 Frm 00083 Fmt 7634 Sfmt 0634 J:\CRONLINE\2007BA~1\2007NE~2\H30OC7.REC H30OC7 mmaher on MIKETEMP with CONG-REC-ONLINE E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 110 CONGRESS, FIRST SESSION

Vol. 153 WASHINGTON, TUESDAY, OCTOBER 30, 2007 No. 166 Senate The Senate met at 10 a.m. and was ator from the State of Montana, to perform this week in some form or fashion. called to order by the Honorable JON the duties of the Chair. That may require some time into the TESTER, a Senator from the State of ROBERT C. BYRD, weekend. We can change everything by President pro tempore. Montana. unanimous consent. We will see what Mr. TESTER thereupon assumed the the mood of the Senate is. Everybody PRAYER chair as Acting President pro tempore. should be alerted that unless Senator f The Chaplain, Dr. Barry C. Black, of- MCCONNELL and I and the other 98 fered the following prayer: RECOGNITION OF THE MAJORITY Members can work something out, we Let us pray. LEADER may have to be here this weekend. Eternal God, our refuge and strength, The ACTING PRESIDENT pro tem- we seek for peace and unity but live We have been very fortunate that we pore. The majority leader is recog- with strife and division. We make have not had to have many weekend nized. agreements but suspect that we sessions this year. That is really good. haven’t agreed. We flex the muscles of f If we can get our work done, that is our might to reassure ourselves and SCHEDULE fine. caution aggressors. Yet we feel anx- Mr. REID. Mr. President, this morn- I have an obligation to move to the iety. Lord, show us the way. ing, the Senate will be in a period of farm bill. Every 5 years, we have to Keep our Senators from presuming morning business for 60 minutes, with complete that, and we are going to do that You are automatically on their the first half of the time under the con- our very best to do it in a way that side. Instead, let them earnestly seek trol of the Republicans and the second makes a lot of sense. In the next 2 to be on Your side. Enable them to find half controlled by the majority. unity with each other because of their weeks, after this week, there are other connection with You. Keep them sen- ORDER OF PROCEDURE things we have to do. We have to send sitive to see You at work in our world In the time that we have, I ask unan- an appropriations bill to the President with Your intervening love. imous consent that Senator KENNEDY and get that conference started. Some We pray in Your great Name. Amen. have 20 minutes. say no matter what we send him, he The ACTING PRESIDENT pro tem- will veto it. That may be the case, but f pore. Without objection, it is so or- at least we will get the process going PLEDGE OF ALLEGIANCE dered. to see if we can work out something Mr. REID. Following morning busi- The Honorable JON TESTER led the rather than a number of short-term ness, the Senate will resume consider- Pledge of Allegiance, as follows: CRs to complete the funding of the ation of the Amtrak legislation. Government. I hope we can do that. I pledge allegiance to the Flag of the Yesterday, in a short period of time, United States of America, and to the Repub- the Senate considered and adopted nine We also have other things we need to lic for which it stands, one nation under God, work on that are extremely important indivisible, with liberty and justice for all. amendments to the legislation. A number of other amendments remain to be to do. Some of that must be done be- f considered. I believe the managers fore we leave on November 16. We have APPOINTMENT OF ACTING share my view that action on this bill a lot of work to do. I have had both PRESIDENT PRO TEMPORE can, hopefully, be concluded during to- Democrats and Republicans talk to me, day’s session. Therefore, it is estimated saying: My legislation is important, The PRESIDING OFFICER. The that the number of votes with respect let’s get it done. clerk will please read a communication to amendments and the pending clo- Mr. President, it is difficult to do. to the Senate from the President pro ture motion could occur prior to the tempore (Mr. BYRD). Senate recessing for the caucus meet- The rules have developed in the Senate The assistant legislative clerk read ings. Members have until 12 noon to over 230 years, and I think they have the following letter: file germane second-degree amend- served the country well, as you look U.S. SENATE, ments to the bill. back. When you are right in the PRESIDENT PRO TEMPORE, Last evening, I had a conversation trenches trying to work through this, Washington, DC, October 30, 2007. sometimes it is very difficult. We will To the Senate: with my counterpart, the distinguished Under the provisions of rule I, section 3, of Senator from Kentucky, Mr. MCCON- try to be as fair and inclusive to every- the Standing Rules of the Senate, I hereby NELL, and indicated to him that we are body as we can during the next 21⁄2 appoint the Honorable JON TESTER, a Sen- going to move to and complete SCHIP weeks.

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

S13531

VerDate Aug 31 2005 02:24 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A30OC6.000 S30OCPT1 cnoel on PRODPC60 with SENATE_CN S13532 CONGRESSIONAL RECORD — SENATE October 30, 2007 RECOGNITION OF THE I yield the floor. tions for, or the durations of, programs contained in the amendments made by the High- REPUBLICAN LEADER f er Education Reconciliation Act of 2005 (Pub- The ACTING PRESIDENT pro tem- RESERVATION OF LEADER TIME lic Law 109–171) or by the College Cost Re- pore. The Republican leader is recog- duction and Access Act (Public Law 110–84) nized. The ACTING PRESIDENT pro tem- to the provisions of the Higher Education pore. Under the previous order, leader- f Act of 1965 and the Taxpayer-Teacher Pro- ship time is reserved. tection Act of 2004. FIVE WEEKS AND COUNTING f SEC. 4. DEFINITION OF ELIGIBLE NOT-FOR-PROF- Mr. MCCONNELL. Mr. President, a MORNING BUSINESS IT HOLDER. lot of business in the Senate involves The ACTING PRESIDENT pro tem- Section 435(p) of the Higher Education Act numbers. There are 100 Senators. The of 1965 (20 U.S.C. 1085(p)) is amended — majority has 51, and this side of the pore. Under the previous order, the (1) in paragraph (1), by striking subpara- aisle has 49. As the majority leader just Senate will now proceed to a period of graph (D) and inserting the following: indicated, it takes 60 votes to pass morning business for 60 minutes, with ‘‘(D) acting as a trustee on behalf of a most significant legislation. Senators the first half of the time under the con- State, political subdivision, authority, agen- are always thinking about many dif- trol of the Republicans and the final 30 cy, instrumentality, or other entity de- ferent numbers. But today’s number is minutes under the control of the ma- scribed in subparagraph (A), (B), or (C), re- jority. gardless of whether such State, political sub- quite simple. The number is 5—yes, division, authority, agency, instrumentality, Mr. MCCONNELL. Mr. President, I just 5. It is 5 because this is the fifth or other entity is an eligible lender under week of the new fiscal year. But our suggest the absence of a quorum. subsection (d).’’; and friends on the other side of the aisle The ACTING PRESIDENT pro tem- (2) in paragraph (2)— have yet to fulfill, as the majority pore. The clerk will call the roll. (A) in subparagraph (A)(i), by striking sub- whip puts it, ‘‘the most fundamental The assistant legislative clerk pro- clause (II) and inserting the following: job Congress is expected to do,’’ and ceeded to call the roll. ‘‘(II) is acting as a trustee on behalf of a send a single appropriations bill to the Mr. KENNEDY. Mr. President, I ask State, political subdivision, authority, agency, instrumentality, or other entity de- President’s desk. unanimous consent the order for the quorum call be rescinded. scribed in subparagraph (A), (B), or (C) of Let me give just one example. The paragraph (1), regardless of whether such Senate passed the Military Construc- The ACTING PRESIDENT pro tem- State, political subdivision, authority, agen- tion/Veterans Affairs appropriations pore. Without objection, it is so or- cy, instrumentality, or other entity is an eli- bill, which provides critical funds for dered. gible lender under subsection (d), and such wounded warriors, deserving veterans, f State, political subdivision, authority, agen- and the base installations of service- cy, instrumentality, or other entity, on the members and their families, in a bipar- THIRD HIGHER EDUCATION date of enactment of the College Cost Reduc- EXTENSION ACT OF 2007 tion and Access Act, was the sole beneficial tisan 92-to-1 vote nearly 2 months ago. owner of a loan eligible for any special al- Yet that bill now sits idle as we wait Mr. KENNEDY. Mr. President, I ask lowance payment under section 438.’’; for the majority to call it up to con- unanimous consent the Senate proceed (B) in subparagraph (A)(ii), by inserting ference. to consideration of S. 2258, introduced ‘‘of’’ after ‘‘waive the requirements’’; Meanwhile, as early as today, the earlier today. (C) by amending subparagraph (B) to read majority could proceed to take up an- The ACTING PRESIDENT pro tem- as follows: other version of the SCHIP bill, which pore. Without objection, the clerk will ‘‘(B) NO FOR-PROFIT OWNERSHIP OR CON- is certain to be vetoed once again by report the bill by title. TROL.— The assistant legislative clerk read ‘‘(i) IN GENERAL.—No State, political sub- the President. division, authority, agency, instrumentality, Republicans want to strengthen and as follows: or other entity described in paragraph (1)(A), secure the SCHIP program. The exact A bill (S. 2258) to temporarily extend the (B), or (C) shall be an eligible not-for-profit wrong way to do that is to lose focus programs under the Higher Education Act of holder under this Act if such State, political on the low-income children it was de- 1965, to amend the definition of an eligible subdivision, authority, agency, instrumen- signed to protect. So let’s work to- not-for-profit holder, and for other purposes. tality, or other entity is owned or con- gether on a compromise that will keep There being no objection, the Senate trolled, in whole or in part, by a for-profit the focus where it belongs, on low-in- proceeded to consider the bill. entity. Mr. KENNEDY. Mr. President, I ask ‘‘(ii) TRUSTEES.—A trustee described in come children. But I suspect I am paragraph (1)(D) shall not be an eligible not- going to have plenty of chances to unanimous consent the bill be read for-profit holder under this Act with respect come back to the Senate floor and de- three times, passed, the motion to re- to a State, political subdivision, authority, bate this issue very soon. consider be laid on the table, and any agency, instrumentality, or other entity de- The point is, working on a bill that statements be printed in the RECORD. scribed in subparagraph (A), (B), or (C) of we know will be vetoed is not the best The ACTING PRESIDENT pro tem- paragraph (1), regardless of whether such way to use precious legislative time. pore. Without objection, it is so or- State, political subdivision, authority, agen- Why do they insist that we go through dered. cy, instrumentality, or other entity is an eli- The bill (S. 2258) was ordered to a gible lender under subsection (d), if such with this? State, political subdivision, authority, agen- Further, Mr. President, I think we third reading, was read the third time, cy, instrumentality, or other entity is owned can all agree that we should do every- and passed, as follows: or controlled, in whole or in part, by a for- thing in our power to provide for our S. 2258 profit entity.’’; veterans and our troops. November 11 Be it enacted by the Senate and House of Rep- (D) by amending subparagraph (C) to read is Veterans Day. I think this Senate resentatives of the United States of America in as follows: ought to honor our veterans and the Congress assembled, ‘‘(C) SOLE OWNERSHIP OF LOANS AND IN- COME.—No State, political subdivision, au- brave men and women who serve under SECTION 1. SHORT TITLE. thority, agency, instrumentality, trustee, or This Act may be cited as the ‘‘Third High- our country’s flag by sending the Mili- other entity described in paragraph (1)(A), er Education Extension Act of 2007’’. tary Construction/Veterans Affairs and (B), (C), or (D) shall be an eligible not-for- Defense appropriations bills to the SEC. 2. EXTENSION OF PROGRAMS. profit holder under this Act with respect to President’s desk by Veterans Day with- Section 2(a) of the Higher Education Ex- any loan, or income from any loan, unless— out any gimmicks and games. It is the tension Act of 2005 (Public Law 109–81; 20 ‘‘(i) such State, political subdivision, au- least this Congress can do for those U.S.C. 1001 note) is amended by striking ‘‘Oc- thority, agency, instrumentality, or other tober 31, 2007’’ and inserting ‘‘March 31, entity is the sole beneficial owner of such who have worn the uniform, and it is 2008’’. the least this Congress can do to meet loan and the income from such loan; or SEC. 3. RULE OF CONSTRUCTION. ‘‘(ii) such trustee holds the loan on behalf the minimum threshold of conducting Nothing in this Act, or in the Higher Edu- of a State, political subdivision, authority, the Government’s important business. cation Extension Act of 2005 as amended by agency, instrumentality, or other entity de- Five weeks and counting, Mr. Presi- this Act, shall be construed to limit or oth- scribed in subparagraph (A), (B), or (C) of dent. erwise alter the authorizations of appropria- paragraph (1), regardless of whether such

VerDate Aug 31 2005 02:24 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G30OC6.002 S30OCPT1 cnoel on PRODPC60 with SENATE_CN October 30, 2007 CONGRESSIONAL RECORD — SENATE S13533 State, political subdivision, authority, agen- Both of us, Senator KERRY and I, are Rail transit has long been an impor- cy, instrumentality, or other entity is an eli- very grateful to the Senate for last tant part of Massachusetts’ public gible lender under subsection (d), and such night passing this wonderful resolution transportation system. Boston’s Green State, political subdivision, authority, agen- that expressed all of our feelings about Line—110 years old—is the oldest sub- cy, instrumentality, or other entity is the sole beneficial owner of such loan and the in- the Boston Red Sox and their success way system in North America. The come from such loan.’’; this year. It is an extraordinary record. Northeast Corridor is the backbone of (E) in subparagraph (D), by striking ‘‘an For the millions of members of the Red Amtrak today, serving 10 million pas- entity described in described in paragraph Sox nation, this year has been a dream sengers. (1)(A), (B), or (C)’’ and inserting ‘‘a State, po- come true. We are proud of the team An excellent example of why this bill litical subdivision, authority, agency, instru- and what they have accomplished, es- is so important is the Downeaster, mentality, or other entity described in sub- pecially the way they came back after which operates between Boston and paragraph (A), (B), or (C) of paragraph (1), re- trailing the Cleveland Indians by some Portland, ME. The Downeaster gardless of whether such State, political subdivision, authority, agency, instrumentality, three games to one in the American launched its service at the end of 2001, or other entity is an eligible lender under League Championship Series and went and it has already carried over 1.5 mil- subsection (d),’’; and on to win seven straight games. lion passengers. The line is so popular (F) by amending subparagraph (E) to read It was an exciting season full of bril- that it recently added a fifth daily as follows: liant performances, but none of them round trip to meet the demand. ‘‘(E) RULE OF CONSTRUCTION.—For purposes were as touching as the extraor- We need to continue to expand these of subparagraphs (A), (B), (C), and (D) of this dinary—and it was extraordinary—per- options for the good of our economy paragraph, a State, political subdivision, au- formance by Jon Lester, the great and the environment. Public transpor- thority, agency, instrumentality, or other tation creates thousands of jobs and entity described in subparagraph (A), (B), or pitcher for the Boston Red Sox, who 2 (C) of paragraph (1), regardless of whether pitched 5 ⁄3 shutout innings in game billions of dollars in revenue. such State, political subdivision, authority, four on Sunday night, less than 1 year The number of light rail systems has agency, instrumentality, or other entity is after being treated with lymphoma. tripled in the past 35 years, and heavy an eligible lender under subsection (d), shall For thousands of families struggling rail service has nearly doubled. We not— with cancer, his example is truly an in- need to do much more, however, to ‘‘(i) be deemed to be owned or controlled, spiration. make public transportation a viable in whole or in part, by a for-profit entity; or I congratulate the Colorado Rockies option if we are going to end the Na- ‘‘(ii) lose its status as the sole owner of a tion’s addiction to oil and reduce the beneficial interest in a loan and the income as well. They showed us what can be from a loan, achieved when everyone pulls together, harm being done to our environment winning an incredible 21 out of 22 from greenhouse gas emissions. by such State, political subdivision, author- Of the 20 million barrels of oil Amer- ity, agency, instrumentality, or other enti- games to reach the World Series and ty, or by the trustee described in paragraph making history in the process. I have ica consumes daily, more than 60 per- (1)(D), granting a security interest in, or oth- no doubt their team will have a bril- cent is consumed by the transportation erwise pledging as collateral, such loan, or liant future. sector. Public transportation today the income from such loan, to secure a debt So, congratulations, Red Sox, for a saves us 1.4 billion gallons of gasoline obligation for which such State, political job brilliantly done in 2007. It is a won- each year, which translates into 108 subdivision, authority, agency, instrumen- derful year for baseball in Boston. We million fewer cars filling up. tality, or other entity is the issuer of the are enormously grateful to the whole Equally important, these invest- debt obligation.’’. team for an inspiring and exciting sea- ments relieve the growing congestion f son and we look forward to another on our roads. The Texas Transpor- tation Institute’s latest Urban Mobil- CONGRATULATING THE BOSTON great year in 2008. ity Report found that congestion is RED SOX f costing the Nation $78 billion a year Mr. KENNEDY. Mr. President, it is AMTRAK and forcing the average driver to waste good to be back in the Senate after a Mr. KENNEDY. Mr. President, I 38 hours in traffic, while burning 26 brief absence due to some health strongly support the Passenger Rail gallons of gasoline. In the greater Bos- issues. I am enormously appreciative Improvement and Investment Act. I ton area, travelers face even longer to the people of Massachusetts, for all commend the bill’s managers, Senators traffic delays in a year—spending 46 of their thoughts and good wishes and LAUTENBERG and LOTT, for their leader- hours stuck in traffic and wasting over prayers that were extended to me. I am ship on this issue, and I am proud to be 30 gallons of gasoline. very thankful to so many of our col- an original sponsor of this important These delays help explain why more leagues, on this side of the aisle and on legislation. and more people are choosing Amtrak. the other side as well, who wished me Effective passenger rail service is Earlier this year, Amtrak reported well. As a matter of fact, there were a more essential than ever at this time that its Acela line—which operates be- number of those on the other side of when gas prices, the Nation’s economy, tween Boston, New York, Philadelphia the aisle who urged me to take even and our environment are on everyone’s and Washington—had an on-time per- additional time, that the Senate could mind. formance record of nearly 90 percent, function very well without my attend- For decades, Amtrak has given the and nearly a 25 percent increase in rid- ance. I appreciate their good thoughts, Nation a safe, reliable and energy effi- ership. but we are back in business and ready cient alternative. Those are strong results. The pending to deal with the important issues at Now, we must make the necessary in- bill will make the system even strong- hand. vestments in passenger rail service to er, and I urge my colleagues to support One of the very important issues at preserve this important transportation it. hand is reminding the country of the option. Mr. President, as I make these com- extraordinary achievement and accom- The pending bill gives Amtrak the ments about the Amtrak legislation, I plishment by a magnificent sports funds it needs to continue operating remember very well a former colleague team from my home city of Boston, and make necessary repairs. of ours who is not here. He has his own MA. The country knows about it, but I It couldn’t be timelier, because more particular health challenges. He is a know Senator KERRY joins with me in and more Americans are choosing pas- beloved figure—Senator Claiborne Pell taking a moment to say how much we senger rail. Recently Amtrak reported of Rhode Island, author of the Pell are cheering them on, on this magnifi- its highest ridership ever—nearly 26 grants, author of the National Endow- cent, beautiful day in Boston. Our million passengers in 2007. ment for the Arts, author of the Na- greatest regret is missing what they It is particularly gratifying that the tional Endowment for the Humanities, call the ‘‘rolling rally’’ that will cele- bill gives special priority to the over- author of the Seabed Treaty that did so brate the World Series victory of our burdened Northeast Corridor, allowing much in terms of arms control and the beloved Red Sox. It is going to be an it to return to a state of good repair by placement of weapons on the seabeds— absolutely spectacular day in Boston. 2012. there is a whole legacy there.

VerDate Aug 31 2005 02:24 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\A30OC6.001 S30OCPT1 cnoel on PRODPC60 with SENATE_CN S13534 CONGRESSIONAL RECORD — SENATE October 30, 2007 But President Kennedy said, during The one great difference, in that pe- Mr. President, how much time do I his Presidency, that as a student of riod of time, was the election of 1964, have remaining? history it was extremely rare that any when American people gave focus and The ACTING PRESIDENT pro tem- individual Member of the Senate could attention to the issue of Medicare and pore. The Senator has 181⁄2 minutes re- come up with a new idea and then see made the judgment and decision we maining. a real downpayment on that particular ought to go and move ahead. I have Mr. KENNEDY. Over the past decade, program. This is the case with regard heard all those arguments, ‘‘socialized since it was first enacted, we have seen to Amtrak. Claiborne Pell was the first medicine,’’ ‘‘Government-controlled what it can do to transform young voice in terms of rapid transportation program.’’ We heard that when this lives. Since then the percentage of un- between Boston and Washington. He program was initially introduced. insured children has dropped from al- struggled for that program, and during Senator HATCH, myself, and others, most 23 percent in 1997 to 14 percent in the early 1960s he was actually able to we have heard those echoes time in and 2005. This is a clear indication of what get some resources—not very great time out. But it was under the leader- this program is about, from just below amounts—but for the study of it, for ship of Senator HATCH, the judgment 25 percent uninsured for children—this the feasibility of it, and for building a and decision, in terms of providing the is 1997—look where it is now, 13 per- sense of inevitability about it. help and assistance to these children cent. He saw, long before others did, the would not be replication of the Med- What we see in other charts, if you importance of transportation, this icaid Program but would be a program talk about what has been the growth to rapid transportation for our Nation as that would be basically run by the uninsured adults, it would be the oppo- an energy saver, for the movement of States, with an outline by the Congress site. It would be going the other way. people. He anticipated our congestion about what would be included in terms This is a success story. and so many issues that have been of services. There is an old saying familiar to talked about by two of our colleagues It was a program that was built upon every first-year law student: and friends, Senator LAUTENBERG and the private companies in these various If the law is against you, you pound the Senator LOTT, who deserve great com- States. It was a program also that did facts. If the facts are against you, pound the mendation for their efforts and for not quite match the range of different law. If the law and the facts are against you, their leadership. services that were in the Medicaid Pro- you pound the table. We are reminded—with the explosion gram but, nonetheless, has been invalu- The President and his supporters in of the costs of gasoline, congestion, enable in terms of these children. Congress have been pounding the table vironmental issues—about the impor- I come to the Senate floor today to hard and often on this issue in recent tance of this legislation. Many times speak about the health insurance, not months. It is time to set the record over the last 40-odd years, this legisla- the health insurance available to Sen- straight. They have pounded the table tion was at risk. But now it is well es- ators or Members of the House or the about all the families making $83,000 a tablished, not only for the corridors President and his Cabinet. As I was re- year who are supposedly eligible for which are highly populated, but we are minded again during my recent experi- CHIP. Let me tell you how many fami- seeing, as has been pointed out at other ence, we have access to excellent insur- lies making $83,000 a year are enrolled times during the debate, other exam- ance to pay the cost of whatever care in CHIP: None. ples of this kind of rapid movement of we need. Our health coverage is never None in Massachusetts, none in New individuals between various population in question. York, none in New Jersey, none in I speak of those who do not work in centers and the difference it has made California, nowhere, zero, not a single marbled halls or beneath vaulted ceil- and contribution it has made in terms child in a family making $83,000 is eli- ings but of those who work at the local of not only passenger service but also gible for CHIP. bakery or the repair shop or make for our economy and the environment The new bill approved by the House their living stocking shelves or clean- and the use of energy. last Thursday goes even further than ing offices. This debate is about our f current law. It makes it illegal to commitment to millions of American cover anyone in families making over SCHIP men and women who work hard every $62,000 a year, or 300 percent of the pov- Mr. KENNEDY. Mr. President, I want day, pay taxes, care for their children erty level. to comment on an issue about which I but who stay awake at night worrying There it is, in big black letters, on have spoken frequently over the last 10 because they cannot afford the costs of page 75 of the bill: years, but one which I feel immensely sudden illness. strongly about, that will be before the It used to be when we debated this Denial of Payments for Children with Ef- Senate and on the national agenda in issue, 10, 15, 20 years ago, we would fective Family Income that Exceeds 300 Per- cent of the Poverty Line. these next several hours. I will draw talk about the cost of an emergency attention to its importance to the fu- room visit being $250 and wondering Now, according to the Congressional ture of our Nation and particularly to whether a child was $250 sick. That is Research Service, 91 percent of the the children of this Nation. the cost of going to an emergency children covered by CHIP are in fami- I know there has been a good debate room. And we used to debate about how lies with incomes below 200 percent of and a good discussion. I have spoken do you measure the pain, the anxiety, the poverty level, or $41,000 a year for frequently about it, but I welcome the the anguish that parent has, wondering a family of four. Almost all of the 9 chance to once more, as Americans are whether their child is $250 sick; wheth- percent of families above this level pay beginning once again to refocus on this er they will get better tomorrow, premiums to defray the cost of cov- issue. It takes time. There are so many whether that earache will expand or be erage for their children. That was a different issues that are before the Sen- an indicator of a more serious illness key part of the CHIP program. ate, and it does take time. We have to or that throat ailment may be the States will have a right to make repeat and come back to these issues. same or whether that child would get judgments and decisions, to be able to It does not surprise me. We have seen better. vary the premiums, the deductibles, it other times. Now it is a $475 average across this and the copays. We let the States do I was here in 1964 when we failed to country. That is what this children’s that for those who would benefit from pass the Medicare Program. I can re- health insurance debate is all about: the program at this particular level. member the whole stream of our col- Healthy lives for children, peace of The need for genuine outreach to leagues going down to the radio and mind for parents, Congress acting for more of the low-income children is a television gallery issuing their press the common good. serious problem. But it is a foolish so- releases about their opposition to CHIP is not a Republican idea or a lution to address it by denying CHIP to Medicare. And then, about 8 months Democratic idea, it is not a State pro- children who also need it. later—I think it was about 8 months gram or a Federal initiative, it is not Facts are stubborn things, and all the later—the Senate revisited the Medi- public sector or private sector, it is all table pounding in the world cannot care Program, and it passed over- of those things and more. CHIP is an change them. The basic fact of CHIP is whelmingly. American success story. it began as a principled, bipartisan

VerDate Aug 31 2005 02:24 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G30OC6.006 S30OCPT1 cnoel on PRODPC60 with SENATE_CN October 30, 2007 CONGRESSIONAL RECORD — SENATE S13535 compromise, and it remains so even cials, suggests that virtually all of those who citizens to live their retirement years now. have been unable to provide the required in dignity, its supporters were at- Nevertheless, the White House has documentation are U.S. citizens. tacked with much the same harsh rhet- called upon the supporters of CHIP to That statement could not be clearer. oric as we hear now about CHIP—it’s compromise and compromise and com- It was American children, eligible for ‘‘Socialized medicine.’’ It’s a ‘‘Govern- promise. We have. But this much is CHIP or Medicaid, who were denied ment takeover.’’ But Congress rejected clear: We will not compromise the fu- services by these requirements, not the that absurd rhetoric, and hundreds of ture of a generation of American chil- undocumented. millions of senior citizens have bene- dren because they come from the work- The cost of this witch hunt has been fited immensely ever since. ing poor. Surely, they are more impor- high. According to a recent report by American families face real chal- tant than multimillion-dollar tax the Center on Budget and Policy Prior- lenges—higher mortgages, soaring gas breaks for the wealthiest individuals or ities, the six States that have exam- prices, the ever-increasing cost of the largest corporations. They are ined this issue in detail spent $17 mil- health care, and many other burdens. more important than the subsidies for lion to administer the requirement, They deserve real solutions, not empty the big oil companies. They are more have denied health insurance to tens of slogans. important than preserving the obscene thousands of needy children and par- Our opponents failed to stop Medi- tax breaks for so-called carried inter- ents as a result, and have identified a care, and they won’t stop CHIP now. est. grand total of eight—eight—undocu- Medicare didn’t pass on the first at- These are America’s deserving chil- mented aliens, individuals. tempt, but its supporters came back The number of low-income children dren and Democrats in Congress will again and again and again with the insured through Medicaid has dropped stand up for them every time and cou- force of the American people behind 11,000 in Virginia and 14,000 in Kansas rageous Republicans will too. We have them to ask—to demand—that Con- due to the new requirements. Each been more than willing to work with gress act. And the 1964 election made it State identified one applicant, one ap- Republicans in Congress on reasonable happen. plicant who incorrectly claimed to be a and realistic compromises that still And that’s just what we’ll do with meet our obligations to these children. citizen. Even now, we accepted a compromise CHIP, even if it takes the 2008 election Many of us initially called for a to do it. much larger bill to properly serve the by requiring the Social Security Ad- ministration to verify the citizenship We’ll keep at it until the children of needs of the Nation’s children, but we America get the health care that they accepted a less costly bill in order to of any child seeking coverage under CHIP. The time has come to stand up deserve and that the American people obtain broad bipartisan support. Year are demanding. after year, the administration has and be counted, to see who is for children’s health insurance and who is We know what the President’s prior- granted waivers to cover adults under ities are. He is calling yet again for CHIP. against it. It’s obvious to everyone that our bi- more money, on top of more money, on As of February of this year, the ad- top of yet more money to pay for the ministration had granted waivers to 14 partisan majority for an effective CHIP program has made compromise after war in Iraq. States to cover adults through CHIP. The President has made his judg- In August of 2002, they said yes to cov- compromise. The time has come to stand up and be counted to see who is ment. He has decided to pour even ering 40,000 adults in New Mexico. In more of our national treasure into the October 2002, they said yes to over for children’s health insurance and who is against it. sands of Iraq and to burden our econ- 334,000 in Oregon. In January of 2003, omy with the immense costs of the war they said yes to 12,000 more adults in We need to know who is for families like the Vega family in Greenfield, MA. for years to come. New Jersey. In May of this year, amid Every day the war goes on, we spend statements from the President that CHIP helps Flor Vega, a working mother, buy an extra inhaler for her 5-year- what’s needed to cover a quarter mil- CHIP should put kids first, his admin- lion children. istration said yes to 39,000 adults in old daughter, so she could have one at school and the other at home. CHIP We have a military surge to help the Wisconsin. people of Iraq. I say we need a health But now they want to say no. The also helped her afford a nebulizer, the care surge to help the children of White House is now shocked, shocked small, portable device that pumps the America. to discover adults are covered under asthma medicine into the lungs when This administration is quick to high- CHIP. It actually cites the con- an inhaler isn’t effective. That means light their achievements on health care sequences of their own decisions as a her daughter doesn’t face sudden dan- for the children of Iraq, but won’t show failing of our proposal. gerous attacks of asthma that require The legislation the Senate approved her to go to the emergency room. the same commitment to the health of last month reversed this policy by We need to know who is for families our own children. moving adults out of the program over like the Lewis family in Springfield, In Iraq, American money has ren- the next 2 years. The bill now before us MA. I met Dedra Lewis and her daugh- ovated 52 primary care clinics and re- goes one step further. It removes child- ter Alexsiana when they came here to equipped 600 others. But in America, less adults from the program by the talk to me about the difference that children are denied essential medical end of next year. CHIP has made in their lives. services in the name of fiscal dis- But that is still not enough. Still not Alexsiana has a rare eye disease that cipline. enough. The requirement that children requires expensive drops every hour of In Iraq, our citizens have paid for 30 produce onerous documentation, listen every day. To take care of her daugh- million doses of children’s vaccine. But to this, to prove their citizenship has ter, her mother had to cut back her in America, we are told we can’t afford been shown to be a barrier to care for hours at work, and she lost her insur- basic preventive care for 10 million American children because they often ance. Without CHIP, they would be children. had great difficulty meeting the bur- choosing between paying the mortgage The Web site of the U.S. Agency for densome requirements of the policy. for their home or paying for medicine International Development proudly These high barriers were imposed be- that Alexsiana needs to keep her vi- notes a remarkable accomplishment, cause of a fallacy, the myth that they sion. and I commend them for it. They have prevented children in America illegally Family after family from coast to successfully vaccinated 98 percent of from using these services. coast could tell similar stories. That’s all Iraqi children against measles, Now, a recent letter from the Con- why families across America are call- mumps and rubella. If only we could do gressional Budget Office, not the ing on Congress to renew the promise as well for our own children. Democratic one, not the Republican of- of CHIP. According to the CDC, only 91 per- fice but the Congressional Budget Of- The task has not been easy, but we cent of American children had received fice, refutes that claim saying: will not be deterred or deflected. the same vaccine by the recommended Available evidence, based on State reports When Medicare was first proposed in age. The administration should be as and other information provided by State offi- the 1960s to allow the nation’s senior concerned that children growing up in

VerDate Aug 31 2005 02:24 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G30OC6.007 S30OCPT1 cnoel on PRODPC60 with SENATE_CN S13536 CONGRESSIONAL RECORD — SENATE October 30, 2007 Boston or Birmingham get their rec- ered a strong message to Iraqi leaders our soldiers and our dollars, and these ommended vaccines as they are about that they needed to show progress on failures are unacceptable. We cannot the children of Baghdad and Basra. an oil agreement, quelling sectarian vi- continue on this path and cycle of Iraqi That same Web site proudly notes olence, and building a functioning gov- dependence on the United States. that USAID has ‘‘improved the health ernment very quickly or the United As we prepare to deal with another of vulnerable populations in Iraq by in- States would continue to lose patience supplemental, bringing the total off- creasing access to high quality, com- with the war. budget additional war spending this munity-based primary healthcare.’’ This supplemental presented an op- year to just under $200 billion, making That is just what we are trying to do portunity to send that message and total off-budget spending on the war in for vulnerable populations in America. codify it into law. It was the hope of Iraq nearly $500 billion—off-budget In Iraq, it is an accomplishment. In the Senate to provide measurable spending in Iraq of nearly half a tril- America, it is a veto. benchmarks that could provide an out- lion dollars—we need to refocus on A bipartisan majority in Congress line on progress in Iraq. As part of the what is happening in Iraq. We need to has made a judgment, too. Our judg- benchmarks requirement, Congress reexamine these benchmarks and oth- ment is that we must make room for asked the White House to provide an ers. Those who called for another 6 decent health care for America’s chil- assessment in July and September. months to allow more progress got dren. We must stand up to the empty Congress also directed the GAO to pro- what they wanted. The question is, rhetoric and hollow slogans of the vide its own assessment on the Iraqi when will we get what we want? When White House, and give all children in benchmarks. In July, Congress received will Iraq step up and take over? When America the healthy start in life they an assessment from the White House will we be able to bring most of our deserve. on the status of the 18 benchmarks. At troops home? When will the cycle of de- The ACTING PRESIDENT pro tem- that time the White House indicated pendence end? pore. The Senator from Nebraska is that satisfactory progress on eight of The answers to these questions lie in recognized. the benchmarks had been made. On the the benchmarks we established. f remaining 10 benchmarks, the White Progress on the benchmarks can give IRAQ BENCHMARKS House indicated that the Iraqi Govern- us a timeframe for the future. Lack of Mr. NELSON of Nebraska. Mr. Presi- ment had failed to make satisfactory progress on the benchmarks could only dent, I rise today to try to bring the progress. In September, the GAO re- extend our commitment indefinitely, if focus of the debate about Iraq back to view indicated that 3 benchmarks had we allow it to continue. Iraq, specifically the Iraqi Govern- been met, 4 had been partially met, and Finally, we do need to focus on the ment’s continuing failures to meet 11 had not been met at all. Iraqi Government’s progress on the benchmarks for progress on political, In September, the White House pro- benchmarks and the lack thereof. If military, and security matters. vided its final assessment of the 18 they had made more rapid progress, we For the past several weeks, the news benchmarks. Of the benchmarks, satis- would not need private security outfits out of Iraq has been consumed by cov- factory progress had been made on 10, 2 protecting American assets and per- erage of the Blackwater security trans- more than in July, and 8 benchmarks sonnel. If they continue to fail to make gressions. To be sure, the allegations still received an unsatisfactory rating, progress and meet the benchmarks, we against Blackwater are serious and 2 less than July. will need to fundamentally reassess need to be addressed. Oversight needs Everyone remembers that this is an what our future role might be in Iraq. to be tightened, actions should be important issue because of the impor- We can’t sustain this pace forever. Our taken to ensure that security needs are tance of making positive gains by the soldiers deserve better. Our taxpayers being met, and force is used only when Iraqi Government. I visited Iraq for a deserve better. The Iraqi people de- necessary. fourth time in September, just after serve better from their own Govern- By no means do I believe we should General Petraeus testified before the ment than the failed leadership they do anything but hold Blackwater and Senate Armed Services Committee but have been shown to date. its Government overseers responsible before the benchmark reports were I yield the floor. for their actions. But what is hap- issued. Little had changed. Iraq’s polit- The ACTING PRESIDENT pro tem- pening is the Iraqi Government has ical leaders were still entrenched. pore. The Senator from Oklahoma. successfully shifted the focus of the de- There was still very little hope for Mr. COBURN. Has the Senate con- bate from their failures in meeting progress on the benchmarks. I deliv- cluded morning business? benchmarks for progress to the ered the message that time was run- The ACTING PRESIDENT pro tem- Blackwater security matter. ning out on the blank check policy the pore. Not quite yet. The minority has a We need to refocus. Everyone here re- administration seems to have imple- minute and a half; the majority has a members, and the American people re- mented in Iraq. At this critical junc- minute and a half. member, this past spring, during the ture of U.S. policy toward Iraq, the Who seeks recognition? debate on the supplemental, the U.S. Iraqi policy toward the United States Mr. NELSON of Nebraska. I suggest Troop Readiness, Veterans’ Care, seems disjointed, disconnected, and the absence of a quorum. The ACTING PRESIDENT pro tem- Katrina Recovery, and Iraq Account- disassociated. The level of progress on the benchmarks is debatable, but what pore. The clerk will call the roll. ability Appropriations Act, that during The bill clerk proceeded to call the is undeniable is the fact that progress the deliberations on that debate, Con- roll. gress codified into law 18 benchmarks is needed on some of the most urgent Mr. LAUTENBERG. I ask unanimous that were identified by the Iraqi Gov- issues to bring peace and stability in consent that the order for the quorum ernment and the Bush administration. Iraq. call be rescinded. As a member of the Senate Appro- The Iraqi Government has failed to The ACTING PRESIDENT pro tem- priations Committee, I pushed to in- enact a debaathification law, a law on pore. Without objection, it is so or- clude benchmarks in this bill. Since re- equitable distribution of hydrocarbon dered. turning from Iraq, having spent resources and revenues—that is essen- f Thanksgiving there with the troops in tially the oil and the revenues they 2004, my second visit to our troops in have collected—and to provide three CONCLUSION OF MORNING Iraq, I began to call for the Iraqi Gov- trained and ready brigades to support BUSINESS ernment and U.S. military leaders to Baghdad operations and the disar- The ACTING PRESIDENT pro tem- establish a method of measuring mament of the militias. The level of pore. Morning business is closed. progress on the stated goals of stand- progress is undebatable. The Iraqi Gov- f ing up the military and security forces ernment has failed to deliver on these and establish a functioning govern- three important benchmarks. These PASSENGER RAIL INVESTMENT ment. are fundamental failures by a govern- AND IMPROVEMENT ACT During my third visit to our troops ment that continues to expect the The ACTING PRESIDENT pro tem- in Iraq, in April of this year, I deliv- United States to invest in Iraq with pore. Under the previous order, the

VerDate Aug 31 2005 02:24 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\A30OC6.003 S30OCPT1 cnoel on PRODPC60 with SENATE_CN October 30, 2007 CONGRESSIONAL RECORD — SENATE S13537 Senate will resume consideration of S. by allowing the Federal Surface Trans- SEC. ll. FOOD AND BEVERAGE SERVICE. 294, which the clerk will report. portation Board to issue fines to (a) QUARTERLY REPORT.—The National The bill clerk read as follows: freight railroads when their trains Railroad Passenger Corporation (referred to in this section as ‘‘Amtrak’’) shall submit a A bill (S. 294) to reauthorize Amtrak, and delay Amtrak passenger trains. quarterly report to Congress and to the Sec- for other purposes. When it comes to overseeing use of retary of Transportation that sets forth the Pending: taxpayer funds, our bill requires that profit or loss, as applicable, relating to the Bond (for DeMint) amendment No. 3467, to Amtrak improve its efficiency and its provision of food and beverage service on require Amtrak to disclose the Federal sub- management. Overall, we require a 40- each rail line operated by Amtrak. (b) CONTRACT RENEGOTIATION.—If the food sidy of every ticket sold for transportation percent reduction in Federal operating and beverage service on a specific Amtrak on Amtrak. subsidies over 6 years. We require a rail line incurs a loss in any fiscal year, Am- Bond (for DeMint) amendment No. 3468, to new financial accounting system to in- trak shall renegotiate any applicable con- increase competition in the American rail crease the transparency of the com- tracts relating to food and beverage service system by allowing any qualified rail oper- pany’s financial management. (including associated labor contracts) for ator or transportation company to compete The last Congress, our bipartisan such rail line in an effort to— for passenger rail service. (1) reduce the cost of such service; and Bond (for DeMint) amendment No. 3469, to compromise bill plan was approved by (2) increase to likelihood to make a profit clarify the level of detail to be included in the Senate 93 to 6. I hope we will see a similar showing of support in this in the following fiscal year. the modern financial accounting and report- (c) DISCONTINUANCE.—If the food and bev- ing system required under section 203. Chamber later today. America’s trav- erage service on a specific Amtrak rail line Bond (for DeMint) amendment No. 3470, to elers have been through terrible incon- incurs a loss in any 2 consecutive fiscal require the Performance Improvement Plan veniences, missed appointments, total years, Amtrak shall terminate such service to address reaching financial solvency by unreliability. Now they are relying on on such rail line. eliminating routes and services that do not us to provide practical and convenient (d) REINSTATEMENT.—Amtrak may rein- make a profit. travel options and passenger rail serv- state food and beverage service that was dis- The ACTING PRESIDENT pro tem- ice must be one of them. continued under subsection (c) if— pore. The Senator from New Jersey. I yield the floor. (1) at least 1 year has elapsed since the date on which such service was discontinued Mr. LAUTENBERG. Mr. President, The ACTING PRESIDENT pro tem- the Senate is now back on the Amtrak on the applicable rail line; pore. The Senator from Oklahoma. (2) Amtrak submits a credible proposal to bill that Senator LOTT and I have been Mr. COBURN. Mr. President, I under- Congress and to the Secretary of Transpor- working on together for many years. I stand the Senator from New Jersey tation for generating food and beverage serv- am glad we are moving closer to pass- may object to a unanimous consent re- ice profits on such rail line for each of the ing this bipartisan legislation. Our bill quest. following 5 fiscal years; and has had wide support with over 40 co- Mr. LAUTENBERG. I object. (3) the Secretary of Transportation, or the sponsors. This is our fifth day on the Mr. COBURN. I need to make it first. designee of the Secretary, certifies to Con- Amtrak bill, and we have made very Mr. LAUTENBERG. Excuse the gress that the proposal submitted under good progress. We have been able to delay. paragraph (2) will likely generate food and Mr. COBURN. My attempt is for a beverage service profits on such rail line for work through most amendments. Some each of the following 5 fiscal years. colleague, an amendment for Senator we were able to agree to, while some Mr. COBURN. Mr. President, this is a required votes. We still have a few ENSIGN, amendment 3482. I ask unanimous consent that the pending amend- straightforward amendment. Last amendments, however, we need to ad- night, at 11 o’clock, I arrived at Union dress. But we should be able to finish ments be set aside and we consider 3482. Station, taking the Acela Express from this bill soon, hopefully today. New York City to Washington. It is a It is critical that we do so. When we The ACTING PRESIDENT pro tempore. Is there objection? great value, with good service. It is one think about how crowded our roads are, of the areas where Amtrak makes the high price of gasoline, airport Mr. LAUTENBERG. Yes, I object. The ACTING PRESIDENT pro tem- money. delays as an alternative, the potential But what the American public needs fuel savings and reduction in green- pore. Objection is heard. Mr. COBURN. Mr. President, I note to see about this bill—and I am going house gases from more people riding to talk about in this amendment, spe- the trains, the need for multiple modes that this amendment could be considered nongermane afterwards and could cifically—is we are right here now at of transportation for evacuations dur- this level, as shown on this chart, and ing emergencies, rail is a critical an- have been held after that. The fact that we are not going to have a discussion total subsidies will not go down, they swer to our needs. will go up over the next 5 years for Am- The need for multiple modes of trans- on the amendment is somewhat dis- concerting, but we will honor the ob- trak. If you consider operating sub- portation for evacuations during emer- sidies and capital subsidies, here is gencies is a critical factor, and rail is jection of my colleague from New Jer- sey. where they are, as shown on this chart. one very important answer. What we are going to have is about a AMENDMENT NO. 3474 We know people will ride the train $600 million increase between now and I ask unanimous consent to call up when there is service available. Am- 2012 in the amount the American tax- trak set a new company record of al- amendment No. 3474. The ACTING PRESIDENT pro tem- payers are going to subsidize Amtrak. most 26 million passengers in the last That may be something we want to do. fiscal year. We have seen successes in pore. Is there objection? Without objection, it is so ordered. This amendment specifically deals the Northeast corridor between Boston The clerk will report. with an area where Amtrak can make and New York and through New Jersey The bill clerk read as follows: a difference right now, and it is on food to Washington, but there is no reason The Senator from Oklahoma [Mr. COBURN] service. Over the last 3 years, Amer- why we can’t have world-class rail proposes an amendment numbered 3474. ican taxpayers have subsidized food service in other regions of the country. service on Amtrak to the tune of a Many States are ready to develop new Mr. COBURN. I ask unanimous consent that reading of the amendment be quarter of a billion dollars. Now, any- rail corridors, and our bill is going to body who travels knows when you get meet this need by creating a new State dispensed with. The ACTING PRESIDENT pro tem- on American Airlines, you can buy a grant program for rail projects. In all, pore. Without objection, it is so or- Milky Way candy bar for $3. The same it would authorize almost $2 billion a dered. thing costs 75 cents on Amtrak. They year for Amtrak and for the States The amendment is as follows: know you can buy a beer for $5. It costs over the next 6 years. Instead of barely (Purpose: To require Amtrak to regularly re- $3 on Amtrak. giving Amtrak enough resources to port to Congress on the profits or losses re- Why is it we have food programs and survive, our bill paves the way for an lating to the provision of food and bev- food sales programs that the American improved, modern passenger rail net- erage service and to limit such service on taxpayer is subsidizing on Amtrak that work by providing funding for Am- Amtrak rail lines that incur losses) we refuse to subsidize on airlines? trak’s capital and operating needs. Our At the appropriate place, insert the fol- Now, we have heard during this de- legislation will also reduce train delays lowing: bate that, well, we subsidize Amtrak,

VerDate Aug 31 2005 02:24 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G30OC6.010 S30OCPT1 cnoel on PRODPC60 with SENATE_CN S13538 CONGRESSIONAL RECORD — SENATE October 30, 2007 but we subsidize all the rest of them. by route where you are making your to do either of those, then stop losing Here is the analysis of the Department money. They need to know that any- money on food service and beverage of Transportation on how much we do how. They don’t right now. They do not service on Amtrak. subsidize the other forms of transpor- account for it right now. They cannot With that, I reserve the remainder of tation in this country. It is pretty re- tell you how much by line or route my time. vealing. they are making or losing on food serv- The PRESIDING OFFICER (Mr. If you are driving a car, you are pay- ice. Any manager of any process knows CASEY). The Senator from Mississippi. ing in to the Federal Government. It is if you do not know the information, if Mr. LOTT. Mr. President, I believe a negative subsidy. You, the individual you do not have the metrics, you can- we have a unanimous consent request driver, are paying $1.79, for every 1,000 not manage it. If you do not have the we will propound in a few moments to miles you drive, to the Federal Govern- metrics, you cannot manage it. get a time certain for a vote on this ment—just for the privilege of you The history in this debate on Amtrak amendment. But we want to make sure driving. But if you are riding a bus, it is interesting, because in 1997, the Am- everybody is OK with that before we do is a $4.66 subsidy from us, the tax- trak Reform and Accountability Act of it. payers, to us, the bus riders. If you are 1997 was supposed to solve all the prob- I say to Senator LAUTENBERG, do you flying on an airplane, the subsidy is lems, and by 2003 we were not supposed want to go ahead and propound that? $6.18 for every 1,000 miles we travel. It to have a subsidy in Amtrak. That is We understand everybody has cleared is what we pay us to fly. what the bill said. It said we will, in that now. When you get to public transit, it is fact, by 2003 solve this drain of $1.3 bil- The PRESIDING OFFICER. The Sen- quite a bit bigger. Could you make jus- lion per year coming out of everybody ator from New Jersey. tifications for that? I am not saying we else’s hands into those people who ride Mr. LAUTENBERG. Mr. President, to should not. But when you get to Am- Amtrak. We have not had an authoriza- be sure the RECORD reflects our under- trak, we are talking about $210 per tion since 2003. This bill claims that, in standing, I ask unanimous consent thousand miles traveled, on average. fact, the subsidies will go down. But that the time until 11:45 a.m. be for de- We know on certain rail lines, certain they will not. That is their numbers. bate with respect to the Coburn amend- routes, there is not much subsidy, Am- That is the bill’s numbers. ment No. 3474, the time be equally di- trak actually makes money. They have So now we are saying we are fixing vided and controlled in the usual form, slightly improved in certain areas, es- the problem—except the problem con- no amendment be in order to the pecially with their latest data. But tinues to grow. If, in fact, we would fix amendment prior to the vote; that $210? the food service portion of this, the upon disposition of the amendment, Now, if you take their total subsidy, subsidies would do this, as shown on the Senate then proceed to vote on the which right now is $1.3 billion—which this chart. It would be a flat line. motion to invoke cloture on S. 294. counts all the subsidies, both capital There would be no increase in sub- The PRESIDING OFFICER. Is there and others—if you were to take out the sidies—capital or otherwise—if, in fact, objection? losses on food, you would save another we were breaking even on all the food. Without objection, it is so ordered. $125 million to $150 million. It is a straightforward amendment. I The Senator from Mississippi. Nobody expects, when you get on know there is some consternation with Mr. LOTT. Mr. President, I wish to Amtrak rail passenger service, that the this amendment by the authors of the begin by thanking Senator COBURN for rest of us ought to pay for your beer. bill and the managers of the bill. I un- getting involved in the process. He Nobody expects we ought to pay for derstand that. But the fact is, it is hard made some requests last week in terms your 3 Musketeers candy bar. Yet, in to explain to the American people why of needing more time to actually look essence, that is what is happening on we are subsidizing a 3 Musketeers at this legislation and think about Amtrak. candy bar and a package of pretzels amendments that should be offered. This amendment is fairly straight- and a can of beer for people who ride Senator REID agreed to that. forward. What it says is three things: Amtrak—and we are. Senator DEMINT and Senator COBURN It says Amtrak has to calculate and It is interesting; I fly every week, have both kept their commitments. report quarterly to the Department of and my total travel time is 8 hours Senator DEMINT offered a number of Transportation and Congress on the each way. I price bottles of water at amendments. We have cleared, I think, quarterly profits and losses, by route airports. A bottle of water on Amtrak four of them, and we are working on or rail line, of food and beverage serv- is $1.99. Do you know what the average some others. Senator COBURN came up ices. What that means is they ought to price is for a bottle of water at airports with two very serious amendments he know where they are losing their in this country? And that is not even is interested in and has indicated he money, and we ought to know where on the airplane. It is $2.49. Yet we are would agree to a limited time for de- they are losing their money. selling it 20 percent cheaper on Amtrak bate and have a vote. So I want to ac- The second thing it says is, Amtrak than you can buy it in an airport. If knowledge that, first of all. ought to restructure their food and you buy it at a convenience store, you I too am concerned about some of the beverage service contracts for any rail can buy it for 99 cents. But we have a costs we have had at Amtrak. In fact, line that is losing money on its food captive audience. the last time we passed Amtrak re- and beverage services. This is not rock- The airlines know how to take ad- form, I included a provision in that leg- et science. This is that if you are going vantage of that, and we are not sub- islation to allow food to be contracted to sell it, you ought to at least sell it sidizing them, except for the $6, which out. Up until that point, it could not for enough to cover the cost. Yet we we pointed out, per 1,000 miles. That even be contracted out. It was all done continue to not do that. We continue comes to 6 cents a mile, by the way, in-house with Amtrak, and there was not to want to hold them accountable versus $21 a mile for those on Amtrak. no good reason why that should have to do that. So my hope is we will at least look at been limited that way. They still have Then finally, if they cannot present a this issue and say: OK, if you are not not gotten the costs where they should way to be able to sell food and bev- going to manage it, at least look at the be. But the opportunity is there for erages at a break-even cost at least, food side of it. Measure it. Then, if we them to do that. then they ought to have to discontinue want to come back in a year and take I want them to continue to work to selling food or have a food service on this amendment away, saying: OK, you get better prices and cut the subsidies, it. And they have done it on one line have done it—with this amendment, if cut the costs, and also while providing because it was losing so much money. they start breaking even on the food, it good food. But I do think food—wheth- The question is, why haven’t they ei- does not have any effect on them, other er you are on an airplane or a train—is ther raised the prices or done it on the than reporting. If they are not going to an important part of the service. I am other lines? break even on their food and beverage not going to take an Amtrak passenger All this amendment is is a manage- service, what it says is: Give us a plan train from some remote area that is ment audit tool for Amtrak that says: to show how you are going to do it. It going to be on the rail for a day or You are going to tell us every 3 months is very simple. But if you are not going maybe even overnight and not have

VerDate Aug 31 2005 02:24 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G30OC6.012 S30OCPT1 cnoel on PRODPC60 with SENATE_CN October 30, 2007 CONGRESSIONAL RECORD — SENATE S13539 any food service. If you wipe out food We want reform. We are pressing on I yield the floor. service, you might as well terminate this issue, and it is in the bill. In fact, The PRESIDING OFFICER. The Sen- the route. I think some people, when they actu- ator from New Jersey is recognized. But I think this is an amendment ally read this bill, have been surprised Mr. LAUTENBERG. Mr. President, that deserves discussion and consider- there are reforms in there, there are everybody knows the Senator from ation. This amendment, as I under- improvements that are going to be de- Oklahoma is meticulous in terms of his stand it, would require Amtrak to reg- manded. People might say we need anxiousness to reduce the costs of Gov- ularly report to Congress on the profits even more. That is a legitimate argu- ernment in any way we can. That cer- or losses relating to the provision of ment. But that has been our goal. We tainly is what is being attempted in food and beverage service. We ought to want Amtrak to provide better service. this bill that Senator LOTT and I have have that. We ought to have all kinds We want Amtrak to be able to not lose introduced. of reports. It ought to be transparent. money, to actually make money. But The amendment the Senator from We ought to know where the costs are, we want to have the national rail pas- Oklahoma has offered will slowly but where the profits are. We should in- senger system. surely eliminate one crucial compo- crease the profits and cut the costs. With this amendment, if a particular nent of Amtrak service, and that is its But to say you should limit such rail line suffers a loss on a food service, food and beverage service. service on Amtrak lines that incur then they would be required to renego- Passengers who take Amtrak’s long- losses, what you are saying is you tiate the contract relating to food and distance trains may be in transit for as would have to terminate the lines be- beverage, including labor contracts. long as 2 or 3 days, and some may be cause if you do not have food service, You might say: Well, even that may diabetic. what are you going to do? Have a not be bad. But if a particular rail line Unlike airports, most Amtrak sta- brown bag? Bring a lunch? Raise the suffers a loss in two consecutive years, tions don’t have restaurants or snack price? I am for that. I think you ought they would be required to terminate bars where you can pick up a bite be- to pay the costs for doing this. food service on that line. Therein lies fore you get on the train. But if we say: ‘‘OK, if you cannot get the problem. Amtrak would be per- Mr. President, how much time do we this under control, we are going to ter- mitted to reinstate food and beverage have available? minate the line,’’ what if the line is ac- service on a discounted line only after The PRESIDING OFFICER. Just a tually doing pretty good, but the food a 1-year moratorium and the Secretary little over 1 minute. service is still costing too much? We certifies a profit for food and beverage Mr. LAUTENBERG. Mr. President, I should keep the pressure on, but I do service would be generated on such rail will summarize very quickly to say not think we can, in good conscience, line for each of the following 5 fiscal that on these long rides, a person may deny passengers food and beverage years. be diabetic, may need food. It is part of I do agree this is a problem that service on these long-distance rails. what rail transportation offers, and it should be able to be addressed. They Amtrak ought to lead more. They attracts more passengers to know that just ought to do it. There is a simple ought to address this question of food they can be comfortable and still have solution: You change the service. You costs and get those costs down. I must some nourishment along the way. If we raise your costs. You get a different say, we have not had particularly good contractor. There are a lot of options. want to reduce subsidies, then we success in the Senate either. We have We should continue to press this point, ought to look at the airlines where we had trouble controlling our food costs. but I don’t think we ought to make it are subsidizing them to the tune of $15 But we have heard the stories about such that we wind up having to termi- billion a year and say cut out the mini airline passengers stranded on planes nate service if we can’t get the food sit- pretzels, cut out the little bag of nuts. with no food, and they could not get off uation straightened out. I don’t think It costs a lot of money when you mul- the planes, and the kind of consterna- it is necessary given the other reforms tiply it by all of the passengers who get tion that has caused. that we have included in this bill. It on airplanes. Unlike air travelers who may goes too far, but I understand the in- The objective is to make Amtrak a deboard and maybe purchase food dur- tent. I want this service—I want im- more viable part of our transportation ing layovers, rail passengers do not provement. I want the cost to come network, and I hope we will not start have time during stops to get off and down. But I want a national rail pas- to pick things apart. Maybe we ought come back on. Even if they could, most senger service. I have learned from past to look at what they do mechanically; Amtrak stations do not have snack experience, don’t mess with people’s see whether we can reduce a mechanic bars. There is the question of what, in stomachs or you will get in real trou- here or there. That is not what we reality, your options are. ble. want to do. All of this is going to be re- Even in corridor service, we know In that connection I will not read the ported. I thank the Senator from Okla- providing food and beverage is essen- entire piece, but I refer to an article homa for his amendment, but I am tial. The improved food service, for in- from Parade magazine that will be going to oppose it, and I hope all of our stance, on the Acela contributed to a printed on November 4, 2007. Some of colleagues will. 20-percent increase in revenues during what it says is that with plane delays The PRESIDING OFFICER. The Sen- 2007. Of course, that is the gold stand- and high gas prices, Americans are ask- ator from Oklahoma is recognized. ard. If all of Amtrak service was like ing: Can we save our trains? It goes Mr. COBURN. Mr. President, it is in- the Acela, serving the numbers of peo- into some detail about all of the delays teresting that two-thirds of the air- ple with the quality of service they and inconveniences and problems lines don’t have pretzels anymore be- have, and all that, then we would be a now—the congestion on our highways, cause they have to make a profit, and lot better off. the delays, the discomforts on air- they have to report to their share- But the Department of Transpor- lines—and people are asking: Is there holders. So it is not there anymore. tation inspector general found that another alternative? That alternative We heard a statement that subsidies Amtrak has reduced its food and bev- should be a national rail passenger sys- have been reduced by 40 percent. That erage labor costs by $12 million over tem. is the operating subsidies. The total the past 3 fiscal years. I think pressure But, surely, the Government and Am- subsidies haven’t been reduced at all. from the last Amtrak bill has been trak, we could all do a better job of They are actually going up. They are leading to this. They understand they making it a good experience and living actually going up by this amount over have to do a better job. We believe that within their means. They have not the next 5 years. These are Amtrak’s number can drop even further. S. 294 done that. This bill, hopefully, in its numbers, based on this bill. will reduce subsidies by 40 percent over present form, or with additional These are the numbers of the Depart- the life of the bill. This includes sec- amendments that can be added, will ment of Transportation, based on this tion 210, which requires Amtrak to re- pressure Amtrak to provide this serv- bill. evaluate onboard amenities and service because I think we are going to Now, if you would break even on food ice, including food for these long-dis- need it for the future transportation service, there wouldn’t be an increase tance rail routes. needs of our country. in total subsidies. But none of us would

VerDate Aug 31 2005 02:24 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G30OC6.013 S30OCPT1 cnoel on PRODPC60 with SENATE_CN S13540 CONGRESSIONAL RECORD — SENATE October 30, 2007 run a business with a loss leader that not true. That is true in the most re- ought to cover the cost. If we can’t would continue to undermine our abil- mote areas, but there is food available. cover the cost, then maybe we ought to ity to put the capital into business and So if we, in fact, would pass this renegotiate the contracts with the food to stay in business. We would, in fact, amendment, and Amtrak would run the service workers who make $43,000 a make a change. This amendment gives food service like any other business year who are selling you a bottle of them 2 years. It says, the first year— would run it, this number would be- water. Compare that to somebody who you get 2 years to lose money, so the come a flat line. In other words, we is working at an airport or a stew- first year if you have lost money, re- would go up here and then we would ardess on an airplane who is serving negotiate it, raise your prices, cut your come across, and the American tax- you and who is making less than that. labor costs. The cost of food service on payer would save about $1 billion over So the consequences of our actions Amtrak is 52 percent labor costs. The the next 5 years if, in fact, we would do have great impact. Why is it impor- average person doling out the food on that. tant? Is it because of the subsidy we Amtrak makes twice what somebody So the opposition—I want to finish give Amtrak? Do you know what it is? does in the private sector doing the my point. The opposition to this It is borrowed from our grandkids. We same thing. So what we really have is amendment is the fear that we may can’t deny it. We have the administra- a subsidy to the food service workers lose a route because we may not offer tion claiming a $160 billion deficit this on Amtrak because that is 52 percent food service. I would be happy to year, and the real deficit is going to be of the cost, rather than a subsidy to offer—— $300 billion because we are going to the food. Mr. LAUTENBERG. Mr. President, if borrow $140 billion from Social Secu- Again, the question the American the Senator would yield for one more rity to pay for Medicare, and then we people ought to ask is, should we be question. are going to borrow $200 billion to pay subsidizing somebody’s beer and 3 Mus- Mr. COBURN. Let me finish my for a war that we are charging to our keteers on Amtrak when we don’t do it point. I would be happy to offer the grandkids. So that is important be- anywhere else? Isn’t it common sense managers of this amendment, to make cause the subsidy isn’t coming from us. that if you are going to offer food serv- a second degree to this amendment It is coming from the next two genera- ice, you at least ought to break even? that says on long-haul routes, if, in tions. What we know from the testimony of fact, there is no possibility you can I yield the floor. I understand all the head of Amtrak is they use it as a never do it on a certain subsidy level, time has expired. loss leader. The only problem is where I will be happy to accept that. The pur- I ask for the yeas and nays on this they use it as a loss leader, they con- pose is that—we lose a quarter of a bil- amendment. tinue to lose more money. On their lion dollars subsidizing somebody’s The PRESIDING OFFICER. Is there a profitable routes, they make money on Heineken every day, every year, when sufficient second? There appears to be food service. So the question is, should we have this system where we don’t a sufficient second. we, in fact, subsidize food? Nobody make a management decision that is in The yeas and nays are ordered. wants a diabetic not to have food avail- the best interests. The Senator from Oklahoma has 2 able, and that would not happen. That Here is the real reason the decisions minutes remaining. is why we put 2 years in here. The first aren’t made on food service. It is be- Mr. COBURN. I yield back any re- year you recognize you have a problem, cause they don’t have to be because we maining time. and the second year you fix it. This are still going to put the money there. The PRESIDING OFFICER. All time isn’t an amendment that is designed to That is the real reason why it is not is yielded back. All time has expired. get rid of service in terms of train there. The question is on agreeing to the routes. This is an amendment that says In the private sector, it would have Coburn amendment. none of us would run a business losing happened already. If there were private The clerk will call the roll. this kind of money. It is a quarter of a trains competing, I guarantee the The legislative clerk called the roll. billion dollars the last 3 years lost on prices would be higher for the food Mr. DURBIN. I announce that the food, on Amtrak—a quarter of a billion component of it. Nobody is going to Senator from Delaware (Mr. BIDEN), dollars. lose it. the Senator from New York (Mrs. CLIN- Mr. LAUTENBERG. Would the Sen- So it is a straightforward amend- TON), the Senator from Connecticut ator yield for a quick question? ment. I have a couple of minutes left, (Mr. DODD), the Senator from Illinois Mr. COBURN. I am happy to yield. and I am happy to yield for a question (Mr. OBAMA), and the Senator from Or- Mr. LAUTENBERG. Knowing the sit- from the Senator from New Jersey. egon (Mr. WYDEN) are necessarily ab- uation that we run into with the air- Mr. LAUTENBERG. Mr. President, I sent. lines where the people are stuck for wanted to ask the Senator if he was Mr. LOTT. The following Senators hours at a time, is it a good idea to aware that we differ on the amount of are necessarily absent: the Senator eliminate—as the Senator suggested, subsidy that goes into rail service food from South Carolina (Mr. GRAHAM), the we are happy that we eliminated pret- costs. It is only $80 million as we see it. Senator from Arizona (Mr. MCCAIN), zels on the airlines. Is that a good idea? How would a rejection of all loss for the Senator from Alabama (Mr. SES- Mr. COBURN. Mr. President, the dif- food eliminate all subsidies, when, in SIONS), and the Senator from Louisiana ference is, that becomes a management fact, we subsidize the airlines that are (Mr. VITTER). decision of the airline, which has to for-profit businesses? Why should we The PRESIDING OFFICER. Are there compete. Amtrak has no competition. then continue to offer them—— any other Senators in the Chamber de- They have no competition. So, there- Mr. COBURN. Reclaiming my time, siring to vote? fore, they continue to do things, be- the reason we do is we subsidize for $6 The result was announced—yeas 24, cause we will subsidize them, that per 1,000 miles traveled on the airlines, nays 67, as follows: somebody in the private sector would and we subsidize $210 per 1,000 miles of [Rollcall Vote No. 397 Leg.] not do. That is a decision that is made travel on the railroad. That is a signifi- that says—American Airlines saved $30 cant reason we ought to be all the YEAS—24 million last year by their restriction of more efficient with what we do. Allard Cornyn Kyl Barrasso Crapo McCaskill food services. It was in the paper The Senator is correct. The last year, Bayh DeMint McConnell today, $30 million they saved on all the we only subsidized $80 million worth of Brownback Ensign Roberts routes by a restriction of the food serv- food, but on average, every 3 years, it Bunning Enzi Shelby ice. To them, in an airline industry is a quarter of a billion dollars. That Burr Gregg Sununu Chambliss Inhofe Thune that has been struggling, that is a sig- was my statement. So ask yourself, Coburn Isakson Voinovich nificant amount of money. You know should we be subsidizing $80 million NAYS—67 what. We still flew American Airlines; worth of food on Amtrak. we just bought it before we got on. This is a straightforward, common- Akaka Bingaman Byrd Alexander Bond Cantwell The statement that there is no food sense amendment that most Americans Baucus Boxer Cardin available in all of the Amtrak stops is would say makes sense. We at least Bennett Brown Carper

VerDate Aug 31 2005 02:24 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G30OC6.014 S30OCPT1 cnoel on PRODPC60 with SENATE_CN October 30, 2007 CONGRESSIONAL RECORD — SENATE S13541 Casey Johnson Nelson (NE) [Rollcall Vote No. 398 Leg.] man of the subcommittee and the lead- Cochran Kennedy Pryor YEAS—79 ership on both sides to get an agree- Coleman Kerry Reed Collins Klobuchar Reid Akaka Feingold Menendez ment worked out on how we proceed on Conrad Kohl Rockefeller Alexander Feinstein Mikulski this issue for the remainder of the Corker Landrieu Salazar Baucus Graham Murkowski afternoon. In the meantime, Senator Craig Lautenberg Sanders Bayh Grassley Murray Bennett Hagel DEMINT is here and ready to go on an Dole Leahy Schumer Nelson (FL) Domenici Levin Bingaman Harkin Smith Nelson (NE) amendment, and he has a committee Dorgan Lieberman Bond Hatch Snowe Pryor markup underway also. Durbin Lincoln Boxer Hutchison Reed Specter Brown Inouye So unless there is objection, I ask Feingold Lott Reid Feinstein Lugar Stabenow Burr Isakson Senator LAUTENBERG, could we let Sen- Roberts Grassley Martinez Stevens Byrd Johnson E INT Rockefeller ator D M call up his amendment Hagel Menendez Tester Cantwell Kennedy and go ahead and have a discussion on Harkin Mikulski Warner Cardin Kerry Salazar Hatch Murkowski Webb Carper Klobuchar Sanders it? Hutchison Murray Whitehouse Casey Kohl Schumer Mr. LAUTENBERG. I agree. Inouye Nelson (FL) Cochran Kyl Smith Mr. LOTT. I yield the floor. Coleman Landrieu Snowe The PRESIDING OFFICER. The Sen- NOT VOTING—9 Specter Collins Lautenberg ator from South Carolina. Biden Graham Sessions Conrad Leahy Stabenow Clinton McCain Vitter Corker Levin Stevens Mr. DEMINT. Mr. President, I thank Dodd Obama Wyden Cornyn Lieberman Tester the Senators. Craig Lincoln Thune AMENDMENT NO. 3467 The amendment (No. 3474) was re- Crapo Lott Voinovich jected. Dole Lugar Warner I would like to discuss amendment Mr. LAUTENBERG. Mr. President, I Domenici Martinez Webb No. 3467. Before I discuss the amend- Dorgan McCaskill Whitehouse ment specifically, I would like to talk move to reconsider the vote. Durbin McConnell Mr. LIEBERMAN. I move to lay that a little bit about rail passenger service NAYS—13 motion on the table. in America and Amtrak specifically. The motion to lay on the table was Allard Coburn Inhofe I think one of the best infrastructure Barrasso DeMint Shelby visions we could have as a country agreed to. Brownback Ensign Sununu today would be to create high-speed CLOTURE MOTION Bunning Enzi Chambliss Gregg passenger rail service that moves peo- The PRESIDING OFFICER. Under NOT VOTING—8 ple economically and efficiently the previous order, pursuant to rule around the country. The irony is, as Biden McCain Vitter XXII, the Chair lays before the Senate long as we continue to pour our Fed- the pending cloture motion, which the Clinton Obama Wyden Dodd Sessions eral resources into the Amtrak model, clerk will report. we will never get to that vision of an The legislative clerk read as follows: The PRESIDING OFFICER. On this vote, the yeas are 79, the nays are 13. efficient passenger rail service in this CLOTURE MOTION Three-fifths of the Senators duly cho- country. We, the undersigned Senators, in accord- sen and sworn having voted in the af- It is clear from years of working with ance with the provisions of rule XXII of the Amtrak and the model of using freight Standing Rules of the Senate, hereby move firmative, the motion is agreed to. Mr. LAUTENBERG. Mr. President, I rails and Government subsidies to sup- to bring to a close debate on Calendar No. port an Amtrak system, we will never 158, S. 294, AMTRAK Reauthorization. move to reconsider the vote and move Frank R. Lautenberg, Trent Lott, Joe to lay that motion on the table. have a world-class passenger rail serv- Lieberman, Benjamin L. Cardin, S. The motion to lay on the table was ice through the Amtrak model. So I Whitehouse, Robert Menendez, Daniel agreed to. hope we as a Congress, as a Senate, K. Inouye, Susan M. Collins, Mike Mr. LAUTENBERG. Mr. President, I particularly, can come to terms with Crapo, Larry E. Craig, John Warner, ask unanimous consent that the time the fact that if we continue to throw Byron L. Dorgan, Gordon H. Smith, during the recess period count money at Amtrak, we will never have Max Baucus, Bill Nelson, Robert P. efficient passenger rail service. Casey, Jr., Harry Reid. postcloture. The PRESIDING OFFICER. Without Certainly, there are a couple of lines The PRESIDING OFFICER. By unan- objection, it is so ordered. of rail service of Amtrak, particularly imous consent, the mandatory quorum in the Northeast, that work well for a f call is waived. number of people. But the fact is, many The question is, Is it the sense of the RECESS Americans are contributing to the few Senate that debate on S. 294, a bill to The PRESIDING OFFICER. Under passengers who are using Amtrak reauthorize Amtrak, and for other pur- the previous order, the Senate stands today. Taxpayers all over the country poses, shall be brought to a close? The in recess until 2:15 p.m. are putting their money into these few yeas and nays are mandatory under the Thereupon, the Senate, at 12:32 p.m., lines that work, even though very few rule. The clerk will call the roll. recessed until 2:15 p.m. and reassem- Americans actually ever use these rail The assistant legislative clerk called bled when called to order by the Pre- services. the roll. siding Officer (Mr. SALAZAR). As we discuss this final bill, it is im- Mr. DURBIN. I announce that the Mr. LAUTENBERG. I suggest the ab- portant we remember that in the last Senator from Delaware (Mr. BIDEN), sence of a quorum. year the Federal Government gave Am- the Senator from New York (Mrs. CLIN- The PRESIDING OFFICER. The trak $1.3 billion in subsidies, even TON), the Senator from Connecticut clerk will call the roll. though they carry less than 1 percent (Mr. DODD), the Senator from Illinois The assistant legislative clerk proof the Nation’s intercity passengers. (Mr. OBAMA), and the Senator from Or- ceeded to call the roll. Amtrak is the most heavily sub- egon (Mr. WYDEN) are necessarily ab- Mr. LOTT. Mr. President, I ask unan- sidized mode of transportation in the sent. imous consent that the order for the country. In fact, every ticket people Mr. LOTT. The following Senators quorum call be rescinded. purchase from Amtrak has an average are necessarily absent: the Senator The PRESIDING OFFICER. Without subsidy of over $210 per passenger per from Arizona (Mr. MCCAIN), the Sen- objection, it is so ordered. 1,000 miles traveled. We even have ator from Alabama (Mr. SESSIONS), and The Senator from Mississippi. some lines where the subsidy reaches the Senator from Louisiana (Mr. f as high as $500. VITTER). My amendment does not change this. The PRESIDING OFFICER. Are there PASSENGER RAIL INVESTMENT But it tells America the truth about any other Senators in the Chamber de- AND IMPROVEMENT ACT OF the subsidies for each of these tickets siring to vote? 2007—Continued people buy. The yeas and nays resulted—yeas 79, Mr. LOTT. Mr. President, we are My amendment requires Amtrak to nays 13, as follows: working with the distinguished chair- put on every ticket for the line they

VerDate Aug 31 2005 02:24 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\A30OC6.005 S30OCPT1 cnoel on PRODPC60 with SENATE_CN S13542 CONGRESSIONAL RECORD — SENATE October 30, 2007 are using the amount of subsidy the them are in families not exceeding 200 bill, the one that got 69 votes in this taxpayers are putting into the cost of percent of poverty. And 200 percent of body, instead of having 5.5 million, we each of these tickets. By doing this, we poverty is about $40,000 a year for a would have 10 million children who will force Amtrak to do what all busi- family of four. We have only one State would be covered. nesses have to do, which is to track the above 300 percent of poverty, and there So I hope we can do that. But any- real cost of every product they sell. are maybe five or six States from 200 way, without belaboring the point, Right now, it is very difficult to de- percent to 300 percent of poverty. So what I am going to ask permission to termine actually how much Amtrak we have said there will be no waivers do is that we move off CHIP at what spends on each of its lines of service. above 300 percent of poverty. We have time it would occur naturally and take But by requiring they put the cost of changed along that regard. it up when we finish the farm bill. The the subsidy on every ticket, they will We have tightened down the language rest of this week we will be working on have to calculate the cost—which is as it relates to illegal children drawing something else. What that will be, I the revenue and the losses—for each benefits. Under the original bill we will certainly consult with the Repub- line in this country. passed, illegal children could not get lican leader. But right now, whatever I Every business should have to do it. the benefits. You had to be in the coun- do, unless I get consent from the Sen- Amtrak should as well. try for at least 5 years, with proper pa- ate—not only the Republicans but the It is the only way we can get a han- pers, and then you could, after having Senate—I would have to get consent to dle on actually how much we are been here 5 years. So we have tightened do that or otherwise I would have to spending for each line and hopefully everything down. We have changed file cloture on a motion to proceed to determining, after a while, which lines that, hopefully, to pick up some more it. So there are no surprises in that re- make sense to continue and which lines votes. gard. should be eliminated. At this stage, Senator HATCH and So I ask unanimous consent that the So I encourage all my colleagues to others have said to me: We need a little cloture vote be vitiated with respect to vote for this amendment. It does not do more time. We would like—because the motion to proceed to the CHIP bill, anything to reduce funding for Amtrak Senator HATCH and Senator GRASSLEY H.R. 3963, and the Senate begin consid- or put any additional restrictions on were in on the changes we made. They eration of that bill following the dis- them. But it does require them to show were not done by Democrats. For every position of the farm bill, H.R. 2419. America what the real subsidy is for meeting held, they were in on the As I have indicated, we are not going every ticket they sell. meetings. But they said give us some to move right to the farm bill. We are So I say to you, Mr. Chairman, I re- more time and maybe we can come up going to wait until at least Monday to serve the remainder of my time and with something else. I am willing to do get to the farm bill, as I have indi- look forward to your comments. Hope- that. We are willing to do that. I would cated. The PRESIDING OFFICER. Is there fully, we will have your support on this hope the Republicans mean that, that amendment. objection? they do need more time. Mr. LOTT. Mr. President, reserving The PRESIDING OFFICER. The ma- So what I would be willing to do—and the right to object, if I may do that, jority leader is recognized. when I say ‘‘I,’’ it is not me—but what and address some comments to the dis- CHIP we would be willing to do is to put the tinguished majority leader, and maybe Mr. REID. Mr. President, I have had vote off on CHIP until we finish the even some questions, first of all, I a number of conversations over the last farm bill. I am going to do the farm think we have made good progress on 24 hours with the Speaker, Speaker bill next week. I am not going to go to the Amtrak bill. The leader was consid- PELOSI, with the Democratic leader, it this week. We would go ahead and erate of allowing it to go over until STENY HOYER, Senator HATCH, Senator finish Amtrak and then move to some- today, and our colleagues have fulfilled GRASSLEY, and others who have indi- thing else. What it is, I don’t know. I their commitments to be reasonable cated on the CHIP matter they need will try to come up with something with their amendments, and we believe more time, they have had conversa- that would be without a lot of pain to we are ready to go to Senator DEMINT’s tions with Republican House Members anyone. There are many things we amendment and get a vote on it at a who voted not to override the Presi- have to do that are bipartisan in na- certain time. I believe we could be very dent’s veto, they are having conversa- ture that I think we could go to. close to going to passage also. tions with people within the adminis- I had originally considered offering a With regard to vitiating the cloture tration, trying to come up with some- unanimous consent request where we motion on the Children’s Health Insur- thing on CHIP, and they need more would move off CHIP and go to it when ance Program, I can’t see any reason time. we finish the transportation bill, and why we would object to that, but we My first inclination, after having in exchange for that, give me permis- ought to continue to try to find a solu- heard this, was, well, we have waited sion to go to something else. I have tion. Unfortunately, there has been no long enough. But after having spoken withdrawn that. I don’t want any ex- real consultation with the leadership to these Senators—Senator HATCH, es- cuses. I don’t want anyone saying: on this side of the aisle by those who pecially, has been working hard. They Look, we would have done that, but he have been having all of these meetings, have already had meetings with Repub- was demanding what we go to next, and and we still have not involved the ad- lican House Members. Senator BAUCUS, I am not going to do that. ministration in trying to get a solution I have spoken to him at great length, So I am going to recite into the that we believe we could all get broad and he is also having meetings with RECORD a unanimous consent request agreement on and avoid going back and some of the Republicans in the House which will say basically that we will forth on bills and vetoes. But to take to see if there is something that can be move off CHIP, giving Senator HATCH more time—we still hope you will come worked out. I do not know if there can and others time to negotiate to see if up with something that will be sup- be. they can come up with something that ported broadly and signed by the Presi- But what we have done with the mat- is agreeable to the body, and maybe we dent. But the idea that we would then ter that will shortly be before the Sen- can do CHIP so that—and the only re- agree for this to go automatically to ate: As to childless adults who are in quirement I think that Senator HATCH, the farm bill, we would have to have— the program now, under the original Senator GRASSLEY, Senator BAUCUS, I, Mr. REID. I am not asking unani- bill we passed, they would be phased the Speaker, Congressman RANGEL, and mous consent for the farm bill; I am out in 2 years. In the bill that is now Congressman DINGELL have is that we just going to go to the farm bill. before this body—or shortly will be— cover the same amount of kids. We Mr. LOTT. But SCHIP would come they are phased out over 1 year. So we tried to do that in some fashion. Right back automatically after the farm bill. cut that in half. now, if we don’t do something, the Mr. REID. After we finish that, yes. Ninety-two percent of the people number of children covered will drop Mr. LOTT. After a discussion with drawing benefits—and the ‘‘people’’ are from 5.5 million to 4.5 million. That is our leadership, at this time we would little people, are children drawing ben- the way it is. Those are the facts, and have to object. We don’t object to viti- efits from this program—92 percent of we can’t change that. If we passed our ating the cloture vote on the CHIP bill,

VerDate Aug 31 2005 02:24 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G30OC6.028 S30OCPT1 cnoel on PRODPC60 with SENATE_CN October 30, 2007 CONGRESSIONAL RECORD — SENATE S13543 but we want to make sure we under- though, that this afternoon my friends desperate for time for things that need stand we are not agreeing to automati- would reassess this; otherwise, we will to be done. cally going to the CHIP bill after the go ahead and vote, as we have, on a Mr. LOTT. Let me say, if the Leader farm bill. So based on that, I would ob- motion to proceed to it. will yield, you are making an effort, ject at this time. It seems to me it would be a little and I think we will need some time to The PRESIDING OFFICER. Objec- difficult, as fair as we have tried to be, consult with our leader to make sure tion is heard. for people to change their votes on it. he is aware of this. I understand the Mr. REID. Mr. President, it is hard But miracles never cease, and the Re- leader doesn’t want to have time used for me to comprehend the logic of the publicans, I am sorry to say, have been that is not necessary. But we have an- objection. We are not asking unani- pulled in as puppets in the past during other unanimous consent agreement. mous consent from anybody as to what the almost 7 years this man has been We have an amendment that is pend- we are going to go to next. If the mi- President, and maybe they can do it ing. In the meantime, I will check with nority wants to object to going to the again. I would hope not on an issue this Senator MCCONNELL and see what he is farm bill, they have the right to do important. thinking. that. I think it would be unusual for I repeat, we simply want to have the Mr. REID. I would say to my friend, them to do that, but they have a right Republicans get what they want. Can’t in fairness, I talked to Senator MCCON- to do that. they take yes for an answer? We have NELL prior to lunch, but it wasn’t in We filed our 50th cloture motion, and said, you want more time? This isn’t any detail. I told him generally what I it was my favorite. It was my favorite an idea I came up with. The Repub- was going to do. So I think it is appro- because it was bipartisan. It was the licans came to me and said they needed priate to take a little more time, and first bipartisan cloture motion we filed more time. Senator HATCH called me we can all come out later and try this all year. It was on Amtrak. If we have last night. I talked to him twice last again. to file cloture on the farm bill, that is night. I talked to Senator GRASSLEY But I want the record to be spread, if fine. It would just take us a couple of yesterday; and Senator BAUCUS, I anyone can come up with a more fair extra days to get to the substance of called him and said: Is that OK with proposal than I have offered, then they the bill. you? He said: Yes, that is OK with me. should come to the Senate floor be- But I would also say it would seem to So I don’t know how we could be more cause I have basically given those peo- me that if the Republicans are sincere reasonable. ple who have wanted more time—and in wanting to do a CHIP bill, unless I What happens if they don’t do this? those are the Republicans—everything am missing something, what better op- We are going to go ahead and vote on they have asked for. portunity would they have? I have said By the way, I also want to say not the motion to proceed and vote cloture let’s get off this bill. As we all know, to only do I appreciate the Senator’s com- on the bill. If that is what they want, finish the farm bill could take a little ments about moving forward on the that is what we can do. But I don’t bit of time. I would hope we could fin- Amtrak bill, but this is a bipartisan know how, when somebody says will ish it in a week, but as we know, in piece of legislation, and I was maybe you do this for me, and we say yes, that week it could be interspersed with being a little flippant, but I was very they say no. an appropriations conference report. serious. I think it is wonderful. We had The PRESIDING OFFICER. The Re- We have to do the CR. So I can’t imag- a bipartisan cloture motion filed. We publican whip is recognized. ine our finishing the farm bill very Mr. LOTT. Mr. President, with re- need to do more of those, if possible. quickly. The PRESIDING OFFICER. The Sen- gard to Senator REID’s comments, I But I was told initially on this CHIP ator from New Jersey is recognized. matter that they needed 2 days to try don’t see any problem with vitiating Mr. LAUTENBERG. Mr. President, I to work something out. They are going cloture on the so-called CHIP bill, H.R. ask unanimous consent that there be 20 to have well more than 2 days. It is not 3963. If the leader would like to do that, minutes for debate with respect to the as if the Republicans have been in the I assume after consultation with Lead- DeMint amendment, No. 3467, prior to a dark. Remember, the two advocates for er MCCONNELL there wouldn’t be any vote in relation to the amendment; this—we would not have had a CHIP problem getting it done. that no amendment be in order to the The problem is, say that after the bill but for Senator GRASSLEY and Sen- amendment prior to the vote; that the farm bill you would automatically go ator HATCH. They were part of every- remaining pending amendments be thing that took place in this bill. When to the CHIP bill which would preclude withdrawn; that no other amendments the bill was not overridden—when the debate time on the motion to proceed, be in order other than a managers’ veto was not overridden and the bill if necessary. To put that after the farm package of amendments that has been was rewritten in the House, it wasn’t bill without full rights of the minority cleared by both managers and leaders; rewritten by the House; it was rewrit- would be a concern. First of all, we that upon disposition of these amend- ten by the House and Senator GRASS- don’t know when that might come. It ments, the bill, as amended, be read for LEY’s staff and Senator GRASSLEY and could come 2 weeks from now, right up a third time, and at 4 p.m. the Senate Senator HATCH. They were in on every against a date when we are supposed to proceed to vote in relation to the word put in this new bill. be going out for the Thanksgiving pe- DeMint amendment; and that upon dis- As far as the administration, it riod and we don’t want to short-circuit position of the DeMint amendment, all would seem to me if they have a couple that. But if we could work out some- postcloture time be considered yielded of weeks, then that is what this will thing where our rights would be pro- back and the Senate proceed to vote on basically give them, 10 days to 2 weeks. tected with regard to the CHIP bill in- the passage of the bill; further, that That gives them lots of time to work stead of just going automatically to it the cloture vote on the motion to pro- with the administration, Secretary after the farm bill, it looks as if that is ceed to H.R. 3963 not occur prior to 6:30 Leavitt, or whoever they want to deal something that could be worked out. p.m., Wednesday, October 31 or at a with it. Leader PELOSI and I asked the Mr. REID. Mr. President, I have a time determined by the two leaders on President the day he vetoed this bill— deal. Again, trying to be more reason- Wednesday. because he kept saying: I want to meet able than I probably should be, but in The PRESIDING OFFICER. Is there with the leadership. Speaker PELOSI an effort to try to be fair, I would con- objection? asked him in the morning; I asked him sider offering a cloture vote on the mo- Without objection, it is so ordered. in the afternoon. He said: I am not tion to proceed to CHIP following the Mr. LOTT. Mr. President, I believe going to meet with you. So we have farm bill, and if cloture is voted, go di- now we are ready to go forward with tried. We want to be reasonable. This is rectly to the bill. That way we don’t the pending DeMint amendment. an important bill. It deals with chil- lose the 30 hours. This would give peo- Mr. President, we agreed to 20 min- dren. It is bipartisan. This is not a ple—if people felt aggrieved that they utes of debate on the DeMint amend- Democratic bill. It is a Democratic and weren’t treated properly during this ment, once the Senator arrives. I be- Republican bill. period of time. I just don’t want to lose lieve we are sending a note to him. He So I have heard the objection. I un- the 30 hours because that is time to- had to go to a markup in the Com- derstand English. I would hope, ward the end of the session, and we are merce Committee. He has amendments

VerDate Aug 31 2005 02:24 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G30OC6.030 S30OCPT1 cnoel on PRODPC60 with SENATE_CN S13544 CONGRESSIONAL RECORD — SENATE October 30, 2007 he wants to offer. He will be back mo- The incurable attitude around here is lock in the agreement to basically fin- mentarily to offer those. evidenced by this bill. You can find a ish Amtrak this afternoon and then do In the meantime, I want to respond way to fight and have a disagreement something else this afternoon—we to some of the things the majority or you can find a way to work together. don’t know what—and on Thursday and leader was noting. I wanted to do it This Amtrak bill is, I believe, on the Friday and then come to the farm bill when he was on the floor, but it is im- verge of passing by a wide margin. If next week. Then to go automatically portant to try to work through these the House is smart, they will not put to a CHIP bill, which we don’t know unanimous consent agreements. poison pills in it and try to explode it. what it is going to be, and we give up Let me say that on the effort to viti- Let’s get real reforms and put some our rights of regular order, that is not ate cloture on the motion to proceed to pressure on Amtrak. I want a success- a good arrangement. the Children’s Health Insurance Pro- ful national rail passenger system. Do I I hope the two leaders will get to- gram, it was noted that it had been re- want subsidies for individual pas- gether and proceed to another bill to- quested by Republicans that 2 more sengers to be reduced? Yes. Do I want morrow. I don’t know what it might be. days be given to work something out. I the cost of meals to be subsidized by I represent a farm State. I hope we can note that I don’t believe that request the taxpayers? No. Do I want a strong- get a good farm bill and do it in a rea- came from the Republican leader, Sen- ly led, effective national rail passenger sonable period of time. I worry that we ator MCCONNELL. Members on both system? Yes. are not wanting to get an agreement sides of the aisle have to recognize that Let’s try to make that happen. But it on the Children’s Health Insurance our leaders are our leaders. Our leaders is not going to happen instantly. We Program. Some people are saying $35 have to be consulted on parliamentary have to set up a process, require re- billion or bust. Others are saying we procedure and also on timing. So when forms, and give incentives to do better. are not going to go to $35 billion. The one Senator—Senator HATCH—says One of the things I think is going to President is at $5 billion. The earlier give me 2 more days but there is no help, which some of my colleagues on bill the President vetoed was at $35 bil- contact or consultation with our lead- this side of the aisle have referred to, is lion. Now the new bill is $35 billion. Is ership on this side of the aisle, that is we are going to have more intercity there not an area between the two? I a problem. service as a result of this bill. We have have done negotiations around here for Also, we want to make sure we don’t a program specifically aimed to help years, in the House, in the Senate, and give up our normal rights, the regular States set up interservice transpor- in conference. When one side is at 5 and order. I am concerned about going to tation between not just New York and the other is at 35, what is half of that? some other issue after the Amtrak bill Albany but sites all over the country It is a little over 15. Would that work? and then going to the farm bill next where States can do more, where there What is the solution? Is it 20? How week. They have been on the farm bill is a way to get an opportunity to do complicated is that? we don’t know how long, and at the more to have intercity service. But we need to put the emphasis on last minute we may call up a bipar- We have language that will start to- the poor children first, quit this budget tisan agreement, but it will not resolve ward a situation where freight lines creep we always get into, adding more the agreements on SCHIP. can bid to provide the service on these and more children at higher income We must focus on poor children. I am lines. We do it with a pilot program. levels, and now we have adults and concerned with the present condition We don’t just say anybody can come in; other loopholes in this program that I of the bill. My analysis is that this bill we say one the first year, two the sec- think we need to be very careful about. costs more than the bill that was ve- ond year, but we will work toward see- Can we do it? Absolutely. toed, and fewer children are covered. It ing if others can offer this service more I introduced a bill a month ago that has an express lane for illegal children efficiently, effectively, and more cost was probably in the range of where the to go into the program. There is a mul- responsible. compromise ought to be. By the way, it titude of problems with it. The biggest I am very much concerned about how was about double what I thought we problem is we are still talking about these negotiations are going on on the needed to do when we started out, but over $35 billion. Instead of trying to Children’s Health Insurance Program. I moved up. I hope the two leaders will come to a compromise on the money There is a meeting going on down the get an understanding of what the proc- that is necessary to cover poor children hall now that doesn’t include the lead- ess is going to be and move forward on first, it is still not going to get adults ership on our side. Fifty staff people all of this legislation. Mr. President, we are now waiting for off the program. My observation has have been standing out in the hall. I Senator DEMINT to return. been when you let adults get on a pro- have a novel idea: I think Senators I will yield the floor so Senator LAU- gram intended for children, you crowd ought to be involved—men and women TENBERG may comment on the bill or children out. of good faith and intellect who under- on other issues. There are huge problems in the sta- stand these problems. We don’t have to The PRESIDING OFFICER (Mr. tus of the negotiations, which are have our staffs do this for us. SANDERS). The Senator from New Jer- going on by a group that has not in- The same is true with Amtrak. Sen- sey is recognized. cluded the Republican leadership or the ator LAUTENBERG and I have worked on Mr. LAUTENBERG. Mr. President, I administration. I don’t know who met this for at least 3 to 5 years. This is the want to start off this discussion by say- with whom, or why, or why not. We third Amtrak reform I have been in- ing how much I appreciate working ought to work this out. I don’t like volved in. I apologize for the other two with Senator LOTT and with other playing games with a program such as not doing everything we wanted them Members of the Senate in terms of the this. I stood on this floor and spoke to do. We have made progress. It didn’t amendments. They were offered and when this program was created. I be- do as well as it should have. Now we considered, but we moved with a degree lieve in it. I thought we were going to are trying again. I say to the Amtrak of dispatch, indicating to me that this focus on poor children and not con- leadership and the Department of is a bill that is wanted by a significant tinue to raise the income levels that Transportation, first, we are giving majority of the Senate. That is rep- were covered to 300, 350, or 400 percent DOT more involvement in what Am- resenting what we believe is a signifi- of poverty and put it into the program. trak does. No President has made Am- cant public opinion about whether Am- We need to look at the formula. Some trak work the way it should. They trak ought to be brought up to date States, such as mine, run out of money don’t pay enough attention to it. And and be part of the transportation sys- year after year because the formula it is not partisan; I don’t think this ad- tem that can help relieve other trans- doesn’t deal with the realities of the ministration is or that the previous ad- portation modes of the congestion, pol- needs of the poor children. ministration was. lution, et cetera, that we face con- There are multiple problems with This legislation will help us move in stantly in our country right now. what is going on. I am very concerned, the direction of a national passenger I think the amendment that has been on our side of the aisle, about some of rail system. I don’t want to go into offered by Senator DEMINT is not one the involvement of some of our people great length. I don’t have to object of those amendments we would ac- without consultation with our leader. when the leader makes a request to cept—the notion that each ticket a

VerDate Aug 31 2005 02:24 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G30OC6.032 S30OCPT1 cnoel on PRODPC60 with SENATE_CN October 30, 2007 CONGRESSIONAL RECORD — SENATE S13545 passenger carries should identify the the not-too-distant future. Do we want I thank my friend, Senator LOTT, for amount of subsidy that goes into that to continue to subject the American his cooperative manner and his leader- passenger’s ride. I think it is wasteful public to these outrageous costs for ship throughout the issues we have and I don’t see any benefit to travelers this fuel, or do we want to try to faced in this body almost all the years or taxpayers. Can you imagine the achieve some balance in our transpor- I have been here. We have served to- complication that is involved here? tation systems? Trains are much more gether a long time. You don’t know how many passengers economical, reduce congestion, reduce I yield the floor. are going to be on that leg and the sub- pollution, and can establish a level of The PRESIDING OFFICER. The Sen- sidy has to be divided among the num- reliability we can’t get out of the avia- ator from Mississippi. ber of passengers. How far is each pas- tion system. Mr. LOTT. Mr. President, I again say senger going to travel? That would also We talked about whether we might to Senator LAUTENBERG, I have enjoyed indicate a part of the subsidy. You can- abandon food and beverage service on working with him on transportation not take a mathematical formula and the rail lines. We took a vote and it issues—from aviation to highways to apply it to this percentage or to this was soundly defeated. But as I listened highway safety and certainly the rail particular passenger’s ride. to the debate, I wondered whether next area and most particularly with regard We all know what is afoot here. I we would be debating separate charges to Amtrak and the national rail pas- generally agree that transparency is for the oil and bearing grease that is senger system. good when it comes to Federal tax- used on the wheels of the train cars Earlier today, I referred to a ‘‘Pa- payers’ dollars. But this amendment is and locomotives, and maybe we can rade’’ article that will be printed on not needed. It carries the request that separate out further expenses, maybe November 4, 2007. This is a great arti- Amtrak publish subsidies on its Web paper used in hand towels and items of cle. I am going to be quoting some very site. It already publishes subsidies in- that nature and reduce the number of interesting items that are included in formation per route on its Web site those used. We cannot deal with such this article because they are so appli- every month as part of its financial re- small matters if we want to get onto cable to our debate: port—the general information related doing something that helps the coun- Americans spent about 3.7 billion hours to those routes, not individual sub- try function more efficiently. stuck in traffic last year, burning gasoline sidies per ticket. This bill has truly got bipartisan sup- whose price had soared by 60 percent. Amtrak also provides details on port. We see it not only in the leader- And probably going up. every dollar and dime of its finances to ship that our friend the Senator from At the airports, security lines snake end- the Department of Transportation and Mississippi applies so skillfully, but lessly, runways are choked, and delays are the Congress on a continuous basis. there were quite a number of col- common. One recent study found that be- The DeMint amendment would provide leagues on the Republican side who tween January and August 2007, one in four travelers with redundant information joined in to get this bill as far as it is. flights arrived late; 159 flights were kept on and, frankly, waste Federal funds. We have almost miraculously come the tarmac for more than 3 hours in August. As I indicated in my earlier com- to a consensus that says after years of I heard a story one time about a ment, it would also be logistically al- working towards this goal, we are friend of mine, a Congressman from most impossible to do what this going to get to a positive conclusion Missouri, who went to the airport and amendment calls for—to determine the toward the reauthorization of Amtrak. wanted to check three bags. He told subsidy for each rider and print this in- It doesn’t mean all the problems were the attendant: I would like this bag to formation on a ticket. These numbers solved by a long shot, but it does say go to St. Louis, this bag to Kansas change depending on how far a pas- we want rail to be as well treated as City, and this bag to Chicago. senger rides the train. Even if they did well as our other means of transpor- They said: You can’t do that. Why not, Amtrak would have to redesign its tation. We spend some $40 billion each would you want to do that anyway? online reservations and ticketing sys- year on our highways, and aviation, He said: Well, that is what happened tem for customers to get this informa- unlike Amtrak, is a for-profit business, to my luggage last week. tion. One doesn’t have to have been in and we are still giving subsidies to the There are certain indignities that go the computer business, as I was, in airlines each and every year and, as I along with this. I don’t want to attack order to know it would take an incred- mentioned, over $20 billion since 9/11. airlines. We need to do more in avia- ible amount of time and energy to get When we look at the possibilities of tion. We need a modern aviation con- the software up to date and get the in- rail service and see that in Europe, for trol system. We should be critical when formation in on time for it to be print- instance, from Brussels, Belgium, to they do things that are indefensible, ed with any degree of accuracy on the Paris, France, is 200 miles, about the such as keeping people trapped on a ticket. It is the kind of added cost and same distance we are from New York plane on the tarmac. redtape that taxpayers are disdainful City, they do it in 1 hour 25 minutes. We need to be thinking about our of. Here, if we use an airplane, we can be transportation system in the air in the We don’t require the same printing sure that one out of four flights is next generation, how are we going to burdens on the airlines, and we have going to be late in departure and usu- make it safe, how are we going to deal provided some $20 billion to that indus- ally late on arrival. with congestion. Let’s not stand here try in the last 6 years. If we could get Amtrak to improve and complain; let’s act on it. That is Americans already understand our its service so we can reduce the why I am supporting an FAA reauthor- Nation’s passenger rail system requires amount of time it takes—I had the ization bill that includes funds for subsidies, just as rail systems in other good fortune this morning to take a 7 modernization. Senator ROCKEFELLER countries. What American travelers o’clock train out of New York City. I from West Virginia and I have worked care about is receiving high-quality live in New Jersey, but it was conven- together on that legislation. He has and convenient rail service as a result ient for me to get to the terminal in been courageous, staking a tough of that subsidy, and this amendment is New York City. I arrived 21⁄2 hours stand. Everybody wants modernization; not going to do anything to help us in later, city to city—New York City to nobody wants to pay for it. We have those areas. Washington, DC. We didn’t shake, rat- had some serious recommendations, Senator LOTT has indicated he and I tle, and roll all the time. It was nice; if and I am still hopeful that we can res- have worked on transportation issues you wanted to have a coffee or write or urrect that bill. That is another reason for many years. Finally, the public is read, it was reasonably comfortable to why we need this particular legisla- so immersed in congestion, in lost do that. That is what rail passengers tion. time, in delayed and missed appoint- deserve all across this country—ade- ‘‘Trains use one-fifth less energy ments, and with the price of gasoline quate service. than cars or planes.’’ I know this is going up as it is—I recently saw a pre- We are anxiously awaiting a vote on something the Presiding Officer from diction from someone engaged in the the next amendment, which has been Vermont cares a lot about. This makes oil industry in the Far East that oil ordered, and final passage on the Am- environmental and conservation sense. was going to be up to $200 a barrel in trak bill. They are business efficient, tourist

VerDate Aug 31 2005 02:24 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G30OC6.033 S30OCPT1 cnoel on PRODPC60 with SENATE_CN S13546 CONGRESSIONAL RECORD — SENATE October 30, 2007 friendly, and that goes not only for the senger car than in a cargo-type boxcar. what the moniker on my tombstone Senator from New Jersey who came That is the way a lot of people have will say: He died trying to get some- down this very morning, but the Sen- traveled in years gone by, boxcars. thing done, something that people care ator from Oklahoma, Mr. COBURN, who We are trying to do something re- about in this country. said he was in New York City and came sponsible to make a difference for the I am getting a little carried away. I down on the train. It cost less, it was American people and deal with our am sounding like a preacher. I apolo- very pleasant, and it didn’t take as transportation needs in this country. gize. But I am passionate about this. I much time. I do want more transparency. I do feel a little offended. Some people are Why shouldn’t we try to do more of want them to cut out the waste. If food sitting here saying this guy is from that? By the way, it is not just about costs are being driven by 52 percent Mississippi, what does he care? I care the eastern seaboard. We want a na- labor cost, change it. Raise the cost, do because it is right for our whole coun- tional passenger rail system. But one whatever is necessary. But I am tired try, not just for my State. I don’t have of the keys, as I mentioned earlier, is of people complaining about it and no- a vested interest, thank goodness. Yes, intercity connections. We are not talk- body doing anything about it. we will have a little Amtrak service, ing about just going north, but talking I urge the Amtrak board: Get en- not a whole lot, but we will have a cou- about an intercity connection between gaged. On transportation, I have urged ple of lines that come blowing through DC and Charlotte, NC. We are talking this administration and the previous my State. We will be glad to have about Portland and Seattle, Chicago administration: Lead us, push the edge. them. We hope they will stop a couple and Detroit. We are talking Miami and Yet we have had to drag administra- of times and pick us up and take us to Jacksonville. And we provide additions into this area, which is one of the New Orleans or take us to Atlanta or tional assistance in this bill through few areas, in my opinion, philosophi- take us to Chicago. the State Capital Grant Program for cally, the Federal Government has a But Europe and Japan and other intercity passenger rail projects. role—interstate transportation. You countries have done this. I don’t like to The grant program makes grants to can’t do it alone if you are a poorer emulate those countries in a lot of in- States or groups of States to pay for State, such as Vermont, Montana or stances, but if they can do it, you are the capital cost of facilities and equip- Mississippi. It has to be between telling me we can’t do it? It is just a ment necessary to provide new and im- States, it has to be supported by the matter of us making up our minds that proved intercity passenger rail. The Federal Government. It creates jobs. we are going to do this, and I hope we Federal match is 80 percent. Projects When we build a highway, when we ex- have made up our minds this time and are selected by the Secretary of Trans- tend a runway, when we improve a ter- we are going to do something that will portation based on economic feasi- minal and make it safer, make it where really help the national passenger rail bility, expected ridership, and other the transportation safety administra- system. I yield the floor. factors. tion can do its job, when we lay more The PRESIDING OFFICER. The Sen- By the way, that is the same arrange- railroad track, when we put more ator from New Jersey. trains on that trackage, when we pro- ment we have with highways. People Mr. LAUTENBERG. Mr. President, say: Oh, my goodness, subsidy of a rail vide good service, jobs are created. Senator LOTT was speaking about the I have absolutely been convinced, in passenger system? Well, yes. We have a larger assignment that we have in the last 10 years of my career, that subsidy for airlines, and we have a sub- front of us rather than simply a party transportation is key to future of the sidy for highways. allegiance. There is no doubt that long country. Infrastructure, yes, industrial I wish we didn’t have to have a sub- before we were Republicans and Demo- sites, water, all that. But lanes, planes, sidy. I do hope we do a better job of crats, we were Americans. If we keep trains, ports, and harbors, if people running Amtrak. I think some progress that focus in mind, I think we can help has been made. I still say former Chair- can’t get there, whether it is an indi- our country achieve some of the goals man of Amtrak, David Gunn is a good vidual, a corporate executive or inter- that we need to examine. man and did a lot of tough things and national, multinational company, they Look at the conditions that have would have done more if he had been are not going to come. If they have to overtaken America—I will use that able to stay on. I wish him well. get there on a dirt road—no. They are word—and look back at the population. By the way, how much money are we not going to come. If they can’t get de- In 1970—1971, when AMTRAK was taken subsidizing Amtrak? Last year, the cent commercial service, they are not over as a quasi-public corporation, the funding was $1.3 billion, the same as it going to come. country had 200 million people. Now, was 25 years ago. We haven’t even ac- This is just a part of the package. It barely 35 years later, we have 300 mil- counted for a piece of the inflationary is the kind of thing we can do in a bi- lion in this country of ours. Imagine, impact. partisan way. One of my big problems 100 million more people, and we are I want modernization. I don’t want this whole year is we have looked for still depending on a rail system that the Acela, this nice train running from ways or issues that we fight over. ‘‘We was largely developed far earlier than Washington, DC, to New York and are defining our base.’’ ‘‘We are defin- the 1970s. Philadelphia and then have me have to ing our party.’’ Baloney. I didn’t come I think Senator LOTT was absolutely ride some raggedy train from Meridian, here just to define a party. I think we right when he spoke about our need to MS, that bumps and grinds and drags ought to be trying to find a way to do bring the aviation system up to date as along and eventually comes to Wash- some things for the American people. well. We have narrowed the separation ington. I want to have something like It doesn’t have to be the grand design between airplanes to one thousand feet the Acela, also. We are going to have to of tax policy or budget policy. No, it vertically. That is not designed to have capital improvements. We will can be national rail passenger system. scare anybody because the Federal have to modernize. We can’t tell the It can be something smaller that we Aviation Administration (FAA) can people we want you to consider the al- can work together on that produces a handle it, but the FAA does say we are ternative of rail passenger if it is not real result. Let’s quit looking for ways squeezing whatever spare air we have on time, if the food has been pulled off that we can fight. There will be plenty to fill the airspace. When we look at the trains, and the equipment is pa- of time for that. Let’s look for things the lighter jets coming into service, it thetic. It is probably going to be an we can do together that have broad is expected that there will be some overnight trip. You have to have some support. 5,000 new very light jets in the sky in modicum of comfort to take advantage I will be involved when that time the next 10 years. We see the planes are of this alternative. comes. I am in and out of here—around filled constantly and ways have to be I have a feeling—and it is not a good here all the time, on a bipartisan basis, figured out to make air service more one—that we are going to have grid- because I just can’t stand the idea of reliable. lock and congestion, maybe even safety just being here and producing nothing. I repeat something that has been said threats. We are going to have to have a I have been told, in a way, I have some many times: One out of four flights is national passenger rail system. I would sort of congenital defect; and that is a late today. One of the airports that suf- rather ride on a sleeper or a nice pas- desire to get things done. I hope that is fers from these delays is my favorite

VerDate Aug 31 2005 02:24 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G30OC6.035 S30OCPT1 cnoel on PRODPC60 with SENATE_CN October 30, 2007 CONGRESSIONAL RECORD — SENATE S13547 airport, and that is Newark Liberty watching as the ice melts from under When it comes to Amtrak, we are all International Airport in New Jersey. their feet, it is an ominous sign. When very aware that there are heavy sub- We have to learn different ways to do we understand that, if the ice melts— sidies for Amtrak. This works out to things because, as has been said, the and the occupant of the Presiding Offi- an average of over $210 a ticket across air time to fly from Newark or cer’s chair and I and other Senators the country. In some parts of the coun- LaGuardia—I live in between because I were in Greenland not too long ago and try Amtrak is working very well and in live in that part of New Jersey near the watched ice melt, not in little rivulets other parts of the country, the Federal Washington Bridge, so I live midway in but almost like waterfalls, and the Government is subsidizing over $500 a between. So I can go to either airport forecast is that if that ice melt con- ticket to keep this going. for service. tinues at the pace it is, within 50 years Mr. LAUTENBERG. Mr. President, But what has happened is I have been the seas can be 20 feet higher than they we have about 6 minutes left. I suggest on the airplane many times going up are. We have to get on with it. we divide it between us so that we have from here to our region and I hear the This is an opportunity to make a a couple of minutes to respond to the pilot say: Good evening, the weather is contribution to the reduction of green- Senator. fine, the flying time to Newark Liberty house gases and arrest the momentum Mr. DEMINT. That is fine. I will take Airport is 38 minutes. Since there are of global warming. That rail bill we a couple more minutes. no weather delays we should enjoy our have is an essential factor in that area. My amendment requests full disclo- trip up there, and I hope we will be able How about the experience this coun- sure of the costs of subsidies for each to close the door soon and get on our try has had in these last years when ticket. This would allow passengers way. two nuclear energy plants were built, and all Americans to know that when In this particular flight that I am one in New Hampshire and one in Long they buy a ticket, how much tax dol- thinking of, the pilot closed the door, Island, NY, that had to be virtually lars go in, in addition to what they we were pushed out with the truck to abandoned because there was no sen- pay, to subsidize the price of their tick- get into place, and the pilot said: Oh, sible evacuation route. Rail makes a et. we just learned air traffic in the New difference. If rail had been used in Lou- This will do a number of things, I York area is fairly heavy, and our isiana at the time of Katrina, a lot think, that are important. It will not takeoff time is an hour from now. more people could have escaped some only let the American people know how An hour from now, for a 38-minute of the fear and the anxiety and the much they are spending to keep Am- flight. I looked at my watch many deaths and illnesses that struck people trak going, it will force Amtrak to ac- times and couldn’t wait for the hour to as a result of that terrible storm. Let’s tually calculate the real costs of oper- pass. The pilot gets on the air and says: get on with it. ating their lines throughout the coun- We have just been advised that we have We have a commitment under the try. 23 minutes longer than expected. regular order of business to vote at 4 In order for us as a Congress to make By the time that 38 minutes flying o’clock on an amendment that talks good decisions about Amtrak and allow time got through, it was 3 hours of about showing the subsidy per ticket, them to make good decisions about time passed. offered from our colleague from South which lines should be discontinued, I just told the story about taking a Carolina, to make certain that we iden- which ones should be continued, it is train down this morning from New tify how much we are spending on a important for them to calculate the York Penn Station, and it was 2 hours subsidy. cost. Right now the way they calculate and 35 minutes. I was in the city, so I We are not saying the same thing has costs does not allow them to determine didn’t have to travel a half or three- to be done on an air ticket. Aviation is the real costs for their lines. I want to quarters of an hour to get to the air- essential. Airlines helped connect this make clear we are not trying to cut port, and then to be there a half hour country. We are able to get coast to any funding in this amendment from or 45 minutes early, so the time con- coast, long distances, in a relatively Amtrak. We are not asking to do any- sumed just doesn’t balance out. short time. We subsidize these for-prof- thing but what a normal business We have to get on with this oppor- it companies. They are businesses. Am- would do; that is, to calculate the real tunity to improve our transportation trak is a not-for-profit company, so we cost of operating each of their lines. systems because we are being forced are going to have to subsidize it. I It is the same as asking a business to into it. We have not planned ade- think now what we are saying is we are determine the cost of all of their prod- quately enough to accommodate travel stepping up to the plate and getting on uct lines so they can determine which in our country. We have to act, because with it. are profitable, which are not. In this we know things are going to worsen, I hope my colleague from South case, we will determine not only which not get better automatically. Carolina will be able to join us because ones are not profitable, and how much As we deal with problems—the occu- the time now will be charged to the in subsidies there is, but what the real pant of the chair, the Senator from time allotted for debate. I am going to costs are for each line. Vermont, and I—we are dealing ac- suggest the absence of a quorum while I encourage my colleagues to support tively with global warming because of we wait and ask the time for debate this as a measure of disclosure for Am- emissions that come from cars, from under the quorum call be equally di- trak, not in any way to harm Amtrak buildings, from industrial sources, vided. or their operations. I think it is a way from all kinds of greenhouse gas The PRESIDING OFFICER. Without to help them be more efficient in the sources that are creating global warm- objection, it is so ordered. The clerk future. ing. Global warming threatens our will call the roll. With that, I yield back the remainder families directly. It is said by the most The legislative clerk proceeded to of my time. auspicious scientific advisory groups— call the roll. The PRESIDING OFFICER. The Sen- the National Academy of Sciences, the Mr. DEMINT. Mr. President, I ask ator from Mississippi. Union of Concerned Scientists, Na- unanimous consent that the order for Mr. LOTT. Mr. President, let me say tional Science Foundation—they are the quorum call be rescinded. again to the Senator from South Caro- saying: Get on with it. You have a 10- The PRESIDING OFFICER. Without lina who just left the Chamber, I appre- year window during which time you objection, it is so ordered. ciate the way he has approached this. can do something about arresting the Mr. DEMINT. Mr. President, I under- He did not come in and condemn it; he growth of global warming that will stand at 4 o’clock we have a vote on looked at it. He had some ideas, and make life quite different on our planet DeMint amendment No. 3467. I would several of them have been accepted. I than we are used to. summarize again the purpose of this think he wound up getting five of his When we see ecological disturbances, amendment and what it entails. We ideas that have been accepted. So he like male fish in the Potomac River have talked about the importance of has been a constructive force. carrying eggs—not the female fish— disclosure, in letting the American I have found a lot of Members assume that is an ominous sign. When we see people know how Government operates we are trying to provide money to Am- polar bears on floes that are ragged, and actually what it costs them. trak without any reforms. When they

VerDate Aug 31 2005 02:24 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G30OC6.036 S30OCPT1 cnoel on PRODPC60 with SENATE_CN S13548 CONGRESSIONAL RECORD — SENATE October 30, 2007 look at it, I think they are surprised at desk, and I ask unanimous consent Mr. LOTT. The following Senators the number of requirements and plans that the three amendments be consid- are necessarily absent: the Senator and reform that we do include in this ered en bloc and modified, if applicable; from Arizona (Mr. MCCAIN) and the legislation. that the amendments be agreed to as Senator from Alabama (Mr. SESSIONS). But I would be opposed to this modified, if modified; and the motions The PRESIDING OFFICER (Mr. amendment. You would have to print to reconsider be laid upon the table, en SALAZAR). Are there any other Sen- on each individual ticket the specific bloc. ators in the Chamber desiring to vote? amount of the Government subsidy per The PRESIDING OFFICER. Without The result was announced—yeas 27, passenger for that route. Now, think objection, it is so ordered. nays 65, as follows: about it. You know on its face that The amendments were agreed to, as [Rollcall Vote No. 399 Leg.] would take a lot of effort. It is chang- follows: YEAS—27 AMENDMENT NO. 3486 ing. It would cost, I have heard, prob- Allard DeMint Kyl ably as much as $3 million. I do not (Purpose: To require the rail cooperative re- Barrasso Dole Lugar want to vouch for that, but there would search program to include research de- Bond Ensign McConnell be some cost. But it is already avail- signed to review rail crossing safety im- Brownback Enzi Roberts Bunning Graham Shelby able. You can get this information provements, including improvements using new safety technology) Burr Grassley Sununu through the public Web site. That is Chambliss Gregg Thune available, about what the cost of the On page 105, between lines 13 and 14, insert Coburn Inhofe Vitter the following: Cornyn Isakson Voinovich subsidy is on these tickets. So it would ‘‘(12) To review rail crossing safety im- provide something that is already provements, including improvements using NAYS—65 available. You would have to pay for it. new safety technology. Akaka Durbin Mikulski Alexander Feingold Murkowski We have a number of other reporting AMENDMENT NO. 3489, AS MODIFIED and disclosure requirements included Baucus Feinstein Murray On page 60, after line 22, add the following: Bayh Hagel Nelson (FL) in this bill. I think it is redundant to SEC. 224. PASSENGER RAIL STUDY. Bennett Hatch Nelson (NE) what we have in the bill. (a) IN GENERAL.—The Comptroller General Bingaman Hutchison Pryor We are focused on trying to reduce of the General Accountability Office shall Boxer Inouye Reed conduct a study to determine the potential Brown Johnson Reid subsidies. The point should not be how Byrd Kennedy Rockefeller much is it now per ticket; the point cost and benefits of expanding passenger rail Cantwell Kerry Salazar should be: How much is it aggregate service options in underserved communities. Cardin Klobuchar (b) SUBMISSION.—Not later than 1 year Sanders and what are we going to do about it? Carper Kohl after the date of the enactment of this Act, Casey Landrieu Schumer We have got specific markers in this Comptroller General shall submit a report Cochran Lautenberg Smith legislation, the metrics and standards containing the results of the study con- Coleman Leahy Snowe Collins Levin Specter that will be required to get us to a re- ducted under this section to— Stabenow (1) the Committee on Commerce, Science, Conrad Lieberman duced amount of subsidy. Corker Lincoln Stevens But, again, as I have said earlier, it is and Transportation of the Senate; and Craig Lott Tester a chicken-and-egg thing. You can do it (2) the Committee on Transportation and Crapo Martinez Warner in a responsible and reasonable way Infrastructure of the House of Representa- Domenici McCaskill Webb tives. Dorgan Menendez Whitehouse and get a result or you can force things AMENDMENT NO. 3469, AS MODIFIED that cost money and do not achieve NOT VOTING—8 On page 16, between lines 5 and 6 insert the anything. Biden Harkin Sessions following: Also, we are not going to reduce the Clinton McCain Wyden (c) CATEGORIZATION OF REVENUES AND EX- Dodd Obama subsidies until we improve the service, PENSES.— improve the capital stock, and do a (1) IN GENERAL.—In carrying out subsection The amendment (No. 3467) was re- better job. That is what I believe this (a), the Amtrak Board of Directors shall sep- jected. legislation will do. So I urge the arately categorize routes, assigned revenues, Mr. CARDIN. Mr. President, I move amendment be defeated. and attributable expenses by type of service, to reconsider the vote. I again thank the Senator from including long distance routes, State-spon- Mr. LAUTENBERG. I move to lay South Carolina for being willing to sored routes, commuter contract routes, and that motion on the table. Northeast Corridor routes. work with us on a number of amend- The motion to lay on the table was (2) NORTHEAST CORRIDOR.—Amtrak reve- agreed to. ments he had that actually did add im- nues generated by freight and commuter provements to the bill. railroads operating on the Northeast Cor- Mr. SCHUMER. Mr. President, I rise With that, I yield the floor. I do not ridor shall be separately listed to include the today in support of the Passenger Rail know if there is any time remaining. charges per car mile assessed by Amtrak to Investment and Improvement Act of Mr. LAUTENBERG. Mr. President, other freight and commuter railroad enti- 2007. First I would like to thank Sen- we need a couple of minutes. I ask ties. ator LAUTENBERG and Senator LOTT unanimous consent to extend the pe- (3) FIXED OVERHEAD EXPENSES.—Fixed over- and their staff for all of their hard head expenses that are not directly assigned riod prior to the vote for 5 minutes so work on this bill. This bill is the prod- or attributed to any route (or group of uct of true collaboration and I am we can prepare the managers’ amend- routes) shall be listed separately by line ment prior to the vote. item and expense category. proud to be an original cosponsor. Serving nearly 26 million riders each The PRESIDING OFFICER. Without VOTE ON AMENDMENT NO. 3467 objection, it is so ordered. Mr. LOTT. I ask for the yeas and year, Amtrak provides an invaluable Mr. LAUTENBERG. Mr. President, I nays. service to travelers and commuters all note the absence of a quorum. The PRESIDING OFFICER. Is there a over the country and particularly The PRESIDING OFFICER. The sufficient second? along the Northeast corridor. clerk will call the roll. There appears to be a sufficient sec- Unfortunately, in the past few years, The legislative clerk proceeded to ond. we have seen efforts to fully fund and call the roll. The question is on agreeing to modernize Amtrak thwarted, leaving Mr. LAUTENBERG. I ask unanimous amendment No. 3467. The clerk will Amtrak repeatedly underfunded by the consent that the order for the quorum call the roll. administration. This bill will end this call be rescinded. The legislative clerk called the roll. pattern of stop-gap funding and provide The PRESIDING OFFICER. Without Mr. DURBIN. I announce that the Amtrak with the resources it needs to objection, it is so ordered. Senator from Delaware (Mr. BIDEN), improve service and passenger safety AMENDMENTS NOS. 3486; 3489, AS MODIFIED; AND the Senator from New York (Mrs. CLIN- as we move forward. As you know, 3469, AS MODIFIED, EN BLOC TON), the Senator from Connecticut many of the security measures ini- Mr. LAUTENBERG. Mr. President, (Mr. DODD), the Senator from Iowa (Mr. tially included in this bill have already under the order, there is consent for a HARKIN), the Senator from Illinois (Mr. been signed into law as part of the Im- managers’ amendment to be in order. OBAMA), and the Senator from Oregon plementing the 9/11 Recommendations That managers’ amendment is at the (Mr. WYDEN) are necessarily absent. Act. I congratulate my colleagues on

VerDate Aug 31 2005 02:24 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G30OC6.038 S30OCPT1 cnoel on PRODPC60 with SENATE_CN October 30, 2007 CONGRESSIONAL RECORD — SENATE S13549 these accomplishments as these meas- trak operates the Amtrak Cascades, lent work on this bill, and I am proud ures will significantly strengthen the which provides daily service between to co-sponsor it. security of our passenger rail system. Eugene, OR and Vancouver, British Co- Amtrak is certainly important to my As Amtrak formulates its plan for lumbia. This service is supported home State of Connecticut. Amtrak op- the future, it is important that it has through operating funds provided by erates 46 daily trains in Connecticut, the funding and support needed to the States of Oregon and Washington. serving almost 1.5 million passengers maintain the system and restore oper- With almost 700,000 riders last year, each year. New Haven is the twelth ations to high performance levels. By the Amtrak Cascades is the seventh busiest train station in the entire Am- authorizing $10 billion over the next 6 most heavily traveled corridor in the trak system, with over 630,000 pas- years for repairs and operating costs, country and represents a model for sengers annually. Amtrak is also a sig- in addition to millions in grant fund- partnership among States, Amtrak, nificant employer in my State, pro- ing, Amtrak will be able to accomplish freight railroads and local commu- viding 575 jobs to Connecticut resi- this goal and meet the transportation nities. Currently, however, Oregon is dents. and safety needs of travelers who rely one of only 14 States that provide oper- These Connecticut facts provide me on the system. This bill will also en- ating funds to support and maintain with robust reasons to champion Am- sure that Amtrak is able to restore the Amtrak’s service. This bill would help trak, but I also believe that we must Northeast corridor—the most heavily change that. have a strong national passenger rail trafficked stretch of the system—to a On the capital side, this bill encour- system. We rely on the heavily used state of good repair by the end of 2012. ages States to get more involved with Northeast corridor to provide a conven- This corridor is relied upon by leisure our national passenger rail system by ient transportation option for those and business travelers alike and is an creating a new State Capital Grant traveling between Washington, DC and integral part of the Northeast econ- program for intercity passenger rail Boston. The capital funding authoriza- omy. I am proud to be an original co- capital projects. tion in the legislation before us will re- sponsor on this bill and believe it pro- The program makes grants to a quire that Amtrak develop a spending vides Amtrak with a solid blueprint for State, or a group of States, to pay for plan to improve infrastructure along the future. the capital costs of facilities and equip- the corridor, which will lead to reduced In New York particularly, Amtrak is ment necessary to provide new or im- travel time and delays. indispensable to the economy and busi- proved intercity passenger rail. The There is also an important environ- ness community. Thousands of riders Federal match is 80 percent. Providing mental reason to support Amtrak. travel daily to New York City for States with this option will be a valu- Global warming is a real problem, and meetings, to visit family and friends or able tool to assist them in their trans- we need to figure out sensible ways to for an early dinner before a Broadway portation planning. reduce our reliance on foreign oil. We show. Amtrak offers New Yorkers reli- Across the country and across all can only solve this national crisis if we able and hassle-free access to cities all transportation modes, congestion is be- work together collectively. As far as along the east coast, making it a cru- coming more and more of a problem, Amtrak is concerned, we cannot focus cial mode of transportation for hun- and, unfortunately, it is only going to solely on the East and West coast train dreds of thousands of travelers each get worse. Increasing the use of pas- corridors. Instead, we need to figure year. senger rail, particularly within more out ways to increase ridership for as I am committed to working with my densely populated corridors such as the many routes as possible. This bill re- colleagues to continue to improve pas- Cascades corridor I mentioned earlier, quires Amtrak to become more effi- senger rail service through Federal should be part of our national strategy cient in delivering its long distance support and increases in safety and se- to fight congestion. service by implementing performance curity and I look forward to the final It should be noted that intercity and improvement plans for trains with low passage of this bill. commuter passenger railroads are one ridership. Mr. SMITH. Mr. President, as rank- of the cleanest forms of transportation. The Passenger Rail Investment and ing member of Senate Commerce Com- On a per passenger mile, Amtrak is 17 Improvement Act also creates a new mittee’s Subcommittee on Surface percent more energy efficient that do- State Capital Grant program for inter- Transportation, I rise to speak in the mestic airline travel and 21 percent city passenger rail projects. With a support of the Passenger Rail Invest- more efficient than auto travel. Federal match of 80 percent, the Sec- ment and Improvement Act of 2007. Finally, I want to talk quickly about retary of Transportation will select This bill reflects several years of work ridership and financial performance. In worthy projects based on environ- by Senators LAUTENBERG, LOTT, myself fiscal year 2007, Amtrak ridership in- mental impact, economic benefit, and and many others to reform our Na- creased to 25,847,000, marking the fifth anticipated ridership. I want to under- tion’s passenger rail system. straight year of gains and setting a score the importance of this new grant Over the 6-year life of the bill, Am- record for the most passengers using program. The era of cheap oil is over, trak’s operating subsidy is reduced by Amtrak since its creation in 1971. and our Nation’s security depends on 40 percent through cost cutting, re- Additionally, total ticket revenue for implementing innovative energy and structuring, and reform. This bill au- the fiscal year topped $1.5 billion, up 11 transportation alternatives. thorizes funding for Amtrak’s capital percent over the previous fiscal year. The last Amtrak authorization bill and operating needs to maintain cur- More people are using Amtrak today expired in 2002, so the time for this rent operations, upgrade equipment, than ever before, and given the trans- bill’s passage is overdue. Amtrak de- and return the Northeast Corridor to a portation capacity constraints our serves a stable funding blueprint for state of good repair. country will face in the coming years, the next 5 fiscal years. Without such While I know that there are some I believe it would be a mistake if we certainty, it is impossible for Amtrak who argue that this bill does not go far didn’t make the investments now—in to succeed and meet the considerable enough, I do believe that it is a step in both time and money—to try to reform challenges and goals we have placed be- the right direction. In particular, I be- the system to ensure that passenger fore them. lieve that the State-Amtrak partner- trains are a viable transportation al- I commend my colleagues again for a ships outlined in this bill—with respect ternative in the future. job well done on a bipartisan piece of to both the cost allocation and capital I don’t believe that this is a perfect legislation that builds a strong con- match—will be key to ensuring the bill, but I do believe that it is a step in sensus on the next generation of pas- long-term viability and growth in rid- the right direction, and I hope my col- senger rail in the United States. ership of intercity passenger rail. leagues will support it. Mr. CASEY. Mr. President, I rise I have long advocated for the estab- Mr. LIEBERMAN. Mr. President, I today in strong support of S. 294, the lishment of an equitable system for rise today in support of the Passenger Passenger Rail Investment and Im- States to pay their fair share toward Rail Improvement and Investment Act provement Act of 2007, offered by Sen- the operating costs related to Amtrak of 2007. I commend Senators LAUTEN- ators LAUTENBERG and LOTT. I signed corridor routes. In the Northwest, Am- BERG, CARPER, and LOTT for their excel- on as a cosponsor of this bill soon after

VerDate Aug 31 2005 02:24 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\A30OC6.009 S30OCPT1 cnoel on PRODPC60 with SENATE_CN S13550 CONGRESSIONAL RECORD — SENATE October 30, 2007 it was introduced because this legisla- for the operation and development of Francisco, Oakland and Sacramento in tion provides a much-needed and long passenger rail services, reauthorize the north, to Los Angeles and San overdue investment in the future of Amtrak for an additional 6 years, and Diego in the south. passenger rail in our country. provide much needed reform of the Na- With trains operating at speeds up to The benefits of a strong passenger tion’s rail system. 220 mph, the travel time from down- rail network are clear: Amtrak helps This legislation makes an important town San Francisco to Los Angeles reduce congestion on our highways in first step to establish high-speed rail would be just under 21⁄2 hours. an environmental-friendly manner. systems throughout the United States. As envisioned, California’s high- Anyone who travels regularly on our A strong national rail system pro- speed train system could accommodate Nation’s highways recognizes that we vides Americans with a practical trans- nearly 120 million passengers annually need a comprehensive solution to our portation alternative, helps to allevi- by 2030. congestion problems that involves mul- ate traffic congestion on our Nation’s This state-of-the-art rail system tiple modes of transportation. We need highways and reduces harmful green- would take millions of cars off the to do so, however, in a way that re- house gas emissions. road, ease traffic congestion, reduce duces carbon emissions. Passenger rail This legislation would also require an greenhouse gas emissions, and allow is key to these efforts. increase in financial and operation people to travel faster, safer and more Amtrak has made great strides in re- transparency and accountability at comfortably. cent years in terms of its on-time per- Amtrak, reduce Federal operating sub- To move our great Nation into the formance, its commitment to high sidies, and improve train performance next era of modern, efficient, environ- speed rail, and its emphasis on in- and customer service. mentally friendly transportation, all creased ridership. While Amtrak still Today, Amtrak serves nearly 25 mil- levels of public and private finances has work to do on the longer distance lion riders each year at more than 500 and resources must be brought to bear. This legislation is an important first routes serving Pennsylvania and other stations across 46 States. step. parts of the country, the well-docu- Amtrak is also one of the Nation’s Investment in America’s passenger largest providers of contracted commented ontime performance of the rail system is important for California. muter service for State and regional Acela Express in the Northeast cor- It is important for this Nation. I urge authorities. Over 60 million commuters ridor is a perfect example of the possi- my colleagues to join me in support of in California, Maryland, Connecticut, bilities that result from appropriate in- this legislation. vestments in rail infrastructure. At the Washington, and Virginia take Amtrak Mr. DURBIN. Mr. President, I thank end of fiscal year 2007, Amtrak officials to work each year. Senators LAUTENBERG and LOTT for reported that ontime performance for California’s partnership with Amtrak their hard work in bringing this impor- Acela Express was 87.8 percent, up represents the largest State-supported tant bill to the floor. They have more than 3 percent over the same pe- passenger rail program in the United worked on this issue for years and have riod in 2006. States. Each day, Amtrak operates ap- always done so in a bipartisan manner. The Northeast corridor is not the proximately 70 intercity trains and 100 I am proud to be an original cospon- only area where Amtrak is making commuter trains in California. sor of this bill which helps our Nation progress. Pennsylvania’s Keystone line, Amtrak’s corridors in California are in many ways, not the least of which is operating between Harrisburg and also among the busiest in the Nation, relieving congestion on our over- Philadelphia, ranks fifth in ridership with more than 10 million Californians crowded transportation system. and revenue growth among all Amtrak boarding Amtrak during fiscal year We are facing a congestion crisis in services. Many of my constituents use 2006. this country today, and the problem is this line to travel between Harrisburg The Pacific Surfliner service from only getting worse. Congestion causes and Lancaster and on to Philadelphia San Diego through Los Angeles is the Americans to travel 4.2 billion hours and New York. second busiest corridor in the United longer and purchase an extra 2.9 billion The legislation we are considering States with over 2.5 million riders in gallons of gas each year, for a total here today also would create a new 2006. congestion cost of $78 billion. This is State Capital Grant Program for inter- The Capitol Corridor service between an increase from 2004 of 220 million city passenger rail capital projects. Sacramento and San Jose is the third hours, 140 million gallons of gas, and $5 The program would authorize the most traveled corridor in the country billion. The Texas Transportation In- awarding of grants to a State, or a with over 1 million riders in 2006. stitute calculates that the cost to the group of States, to pay for the capital Home to two of the Nation’s top five average traveler is $710 a year. costs of infrastructure, facilities, and most congested cities in the United Americans are not just facing conges- equipment necessary to provide new or States, my home State of California tion on our roads; we’re facing it in our improved intercity passenger rail. This understands the importance of viable skies and at our airports too. Across new program is particularly of interest travel alternatives. the country, flights are being delayed in Pennsylvania, as we continue to Passenger rail services have helped longer and longer, while passengers sit look at reinstituting routes, particu- ease highway congestion, reduce auto- in the terminal or are forced to sit on larly between Scranton and the New mobile emissions and improve the the tarmac. Airlines are overwhelmed York metropolitan area. State’s air quality. trying to balance the increased demand Finally, it is my hope that this new California is well ahead of the curve for air travel with the shrinking space investment will spur Amtrak to ad- on developing a transportation system in our skies. dress outstanding labor issues that that has low environmental impact yet Amtrak is a big part of the solution have simply gone on for too long. Am- meets the growing needs of the Cali- to this congestion crisis. Amtrak trak’s infrastructure upgrades should fornia economy. trains take cars off the roads and offer be coupled with investments in its But there is still much more work to passengers a faster, more comfortable workforce, and I, along with many of be done. alternative to air travel for short-dis- my colleagues in the Senate and the It is expected that California’s popu- tance trips. House, will continue to closely monitor lation will grow to more than 50 mil- Furthermore, the average Amtrak this situation in the coming weeks and lion people by 2030. train emits two-thirds less global months. California would need to build about warming pollution per passenger mile Thank you. I urge my colleagues to 3,000 additional lane-miles on intercity than cars and trucks and half the glob- support this important bill. highways and over 90 new gates and al warming pollution of airplanes. We Mrs. FEINSTEIN. Mr. President, I five new airport runways to serve the can already see the environmental ben- rise today in support of the Passenger expected population in 2030. efits of Amtrak service, despite cen- Rail Investment and Improvement Act The State of California and the Cali- turies-old tracks and aging equipment. of 2007. fornia High-Speed Rail Authority are This bill is critical because it will lay The bill before us today would au- working to develop a high-speed rail the groundwork for Amtrak to achieve thorize an increase in Federal funding system which would stretch from San its full potential.

VerDate Aug 31 2005 02:24 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G30OC6.042 S30OCPT1 cnoel on PRODPC60 with SENATE_CN October 30, 2007 CONGRESSIONAL RECORD — SENATE S13551 The technology behind trains con- munities are increasingly vocal about NAYS—22 tinues to improve and is more efficient. their demand for cheaper, cleaner Allard Craig Kyl With the right Federal investment, we transportation options. Intercity rail Barrasso DeMint McConnell can see energy-efficient, high-speed service is an integral component to Bond Ensign Sununu Brownback Enzi Thune trains moving passengers between cit- meeting these needs. The expansion of Bunning Graham Vitter ies cleaner and quicker than by car or Amtrak service is far more than refit- Burr Gregg Voinovich plane. ting rails and building new stations; it Chambliss Inhofe Coburn Isakson We are beginning to see these bene- is about economic development, reliev- fits in my home State, as the State of ing congestion on our roads, improving NOT VOTING—8 Illinois doubled its investment in pas- our environment, and making life easi- Biden Harkin Sessions senger rail last year. Thanks to that er for future generations. Clinton McCain Wyden Dodd Obama investment, Amtrak trains in Illinois I urge my colleagues to support this have seen phenomenal growth on the important legislation. The bill (S. 294), as amended, was trains from Chicago to St. Louis, Quin- passed, as follows: The PRESIDING OFFICER. Under cy, and Carbondale. This past year, the previous order, all time postcloture S. 294 those three routes saw the greatest in- is yielded back and the clerk will read Be it enacted by the Senate and House of Rep- crease in ridership of any line in the resentatives of the United States of America in the bill for the third time. Amtrak system. Congress assembled, The Chicago-Quincy routes—the Illi- The bill was ordered to be engrossed SECTION 1. SHORT TITLE. nois Zephyr and the Carl Sandburg— for a third reading and was read the This Act may be cited as the ‘‘Passenger have seen 41.4 percent growth in rider- third time. Rail Investment and Improvement Act of ship in the last year. The PRESIDING OFFICER. The bill 2007’’. The Chicago-St. Louis line—the Lin- having been read the third time, the SEC. 2. AMENDMENT OF TITLE 49, UNITED coln—saw a 55.8 percent increase in rid- question is, Shall the bill pass? STATES CODE. ership since we have expanded service. Except as otherwise specifically provided, Mr. LAUTENBERG. Mr. President, whenever in this Act an amendment is ex- The Chicago-Carbondale routes—the the yeas and nays have been ordered, I Illini and the Saluki—have seen an pressed in terms of an amendment to a sec- believe. They have not? tion or other provision of law, the reference outstanding boost of 67.4 percent. shall be considered to be made to a section These routes helped propel Amtrak I ask for the yeas and nays. The PRESIDING OFFICER. Is there a or other provision of title 49, United States to its fifth straight year of record rid- Code. sufficient second? ership and ticket revenue. SEC. 3. TABLE OF CONTENTS. The demand is only increasing, as There is a sufficient second. The table of contents for this Act is as fol- even more Illinois communities are The clerk will call the roll. lows: clamoring for passenger rail service. The assistant legislative clerk called Sec. 1. Short title. The Illinois Department of Transpor- the roll. Sec. 2. Amendment of title 49, United States tation and Amtrak have released a fea- Mr. DURBIN. I announce that the Code. sibility study demonstrating that pas- Sec. 3. Table of contents. Senator from Delaware (Mr. BIDEN), senger rail service from Chicago to the Senator from New York (Mrs. CLIN- TITLE I—AUTHORIZATIONS Rockford is very competitive with car TON), the Senator from Connecticut Sec. 101. Authorization for Amtrak capital travel, and we expect another feasi- and operating expenses and (Mr. DODD), the Senator from Iowa (Mr. bility study soon, which will show that State capital grants. HARKIN), the Senator from Illinois (Mr. the same is true for service from Chi- Sec. 102. Authorization for the Federal Rail- OBAMA), and the Senator from Oregon cago to the Quad Cities. road Administration. In States such as Illinois that invest (Mr. WYDEN) are necessarily absent. Sec. 103. Repayment of long-term debt and in passenger rail, we are seeing fewer I further announce that, if present capital leases. and voting, the Senator from Delaware Sec. 104. Excess railroad retirement. cars on the road and increased eco- Sec. 105. Other authorizations. nomic activity along the train lines. (Mr. BIDEN), and the Senator from Iowa (Mr. HARKIN) would each vote ‘‘yea.’’ TITLE II—AMTRAK REFORM AND The Passenger Rail Investment and Im- OPERATIONAL IMPROVEMENTS provement Act of 2007 recognizes theses Mr. LOTT. The following Senators benefits and rewards States that make are necessarily absent: the Senator Sec. 201. National railroad passenger transportation system defined. capital and operating investment in from Arizona (Mr. MCCAIN) and the Sec. 202. Amtrak Board of Directors. passenger rail. Senator from Alabama (Mr. SESSIONS). Sec. 203. Establishment of improved finan- I also thank the managers of this bill The PRESIDING OFFICER. Are there cial accounting system. for including the State Capital Grants any other Senators in the Chamber de- Sec. 204. Development of 5-year financial Program, which will give States real siring to vote? plan. incentives to invest in expanding pas- The result was announced—yeas 70, Sec. 205. Establishment of grant process. Sec. 206. State-supported routes. senger rail corridors. The Illinois nays 22, as follows: model proves that with the right in- Sec. 207. Independent auditor to establish [Rollcall Vote No. 400 Leg.] methodologies for Amtrak vestment, we can move Americans out route and service planning deci- YEAS—70 of traffic jams and into a cleaner, more sions. reliable mode of transportation. Akaka Feingold Murkowski Sec. 208. Metrics and standards. Today, we are considering Amtrak’s Alexander Feinstein Murray Sec. 209. Passenger train performance. Baucus Grassley Nelson (FL) authorization, an authorization that Bayh Hagel Sec. 210. Long distance routes. Nelson (NE) Sec. 210A. Report on service delays on cer- expired in 2002. We already have let too Bennett Hatch Pryor much time pass without capitalizing on Bingaman Hutchison Reed tain passenger rail routes. the huge demand for passenger rail Boxer Inouye Reid Sec. 211. Alternate passenger rail service Brown Johnson Roberts program. service. We must pass this bill now to Byrd Kennedy Rockefeller Sec. 212. Employee transition assistance. Cantwell Kerry pave the way for the restoration and Salazar Sec. 213. Northeast Corridor state-of-good- expansion of Amtrak. Cardin Klobuchar repair plan. Carper Kohl Sanders Amtrak’s success is despite the Casey Landrieu Schumer Sec. 214. Northeast Corridor infrastructure President’s repeated underfunding—or Cochran Lautenberg Shelby and operations improvements. nonfunding—of passenger rail in his Coleman Leahy Smith Sec. 215. Restructuring long-term debt and budgets. It is a testament to the Sen- Collins Levin Snowe capital leases. Conrad Lieberman Specter ate and to the Congress that we have Sec. 216. Study of compliance requirements Corker Lincoln Stabenow at existing intercity rail sta- repeatedly rejected attempts by the ad- Cornyn Lott Stevens tions. Crapo Lugar Tester ministration and others who oppose Sec. 217. Incentive pay. Dole Martinez Warner Amtrak. Domenici McCaskill Sec. 218. Access to Amtrak equipment and Now as we stand at a crossroads of Webb Dorgan Menendez Whitehouse services. rail service in the United States, com- Durbin Mikulski Sec. 219. General Amtrak provisions.

VerDate Aug 31 2005 02:24 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0655 E:\CR\FM\G30OC6.048 S30OCPT1 cnoel on PRODPC60 with SENATE_CN S13552 CONGRESSIONAL RECORD — SENATE October 30, 2007 Sec. 220. Private sector funding of passenger SEC. 103. REPAYMENT OF LONG-TERM DEBT AND TITLE II—AMTRAK REFORM AND trains. CAPITAL LEASES. OPERATIONAL IMPROVEMENTS Sec. 221. On-board service improvements. (a) AMTRAK PRINCIPAL AND INTEREST PAY- SEC. 201. NATIONAL RAILROAD PASSENGER Sec. 222. Amtrak management account- MENTS.— TRANSPORTATION SYSTEM DE- ability. (1) PRINCIPAL ON DEBT SERVICE.—There are FINED. Sec. 223. Locomotive biodiesel fuel use authorized to be appropriated to the Sec- (a) IN GENERAL.—Section 24102 is amend- study. retary of Transportation for the use of Am- ed— Sec. 224. Sense of the Senate regarding the trak for retirement of principal on loans for (1) by striking paragraph (2); need to maintain Amtrak as a capital equipment, or capital leases, not (2) by redesignating paragraphs (3), (4), and national passenger rail system. more than the following amounts: (5) as paragraphs (2), (3), and (4), respec- Sec. 225. Passenger rail study. (A) For fiscal year 2007, $153,900,000. tively; and TITLE III—INTERCITY PASSENGER RAIL (B) For fiscal year 2008, $153,400,000. (3) by inserting after paragraph (4) as so re- POLICY (C) For fiscal year 2009, $180,600,000. designated the following: Sec. 301. Capital assistance for intercity (D) For fiscal year 2010, $182,800,000. ‘‘(5) ‘national rail passenger transportation passenger rail service; State (E) For fiscal year 2011, $189,400,000. system’ means— rail plans. (F) For fiscal year 2012, $202,600,000. ‘‘(A) the segment of the Northeast Corridor Sec. 302. State rail plans. (2) INTEREST ON DEBT.—There are author- between Boston, Massachusetts and Wash- Sec. 303. Next generation corridor train ized to be appropriated to the Secretary of ington, DC; equipment pool. Transportation for the use of Amtrak for the ‘‘(B) rail corridors that have been des- Sec. 304. Federal rail policy. payment of interest on loans for capital ignated by the Secretary of Transportation Sec. 305. Rail cooperative research program. equipment, or capital leases, the following as high-speed corridors (other than corridors Sec. 306. Passenger rail system comparison amounts: described in subparagraph (A)), but only study. (A) For fiscal year 2007, $139,600,000. after they have been improved to permit op- (B) For fiscal year 2008, $131,300,000. eration of high-speed service; TITLE IV—MISCELLANEOUS (C) For fiscal year 2009, $121,700,000. ‘‘(C) long distance routes of more than 750 Sec. 401. Strategic plan on expanded cross- (D) For fiscal year 2010, $111,900,000. miles between endpoints operated by Amtrak border passenger rail service (E) For fiscal year 2011, $101,900,000. as of the date of enactment of the Passenger during the 2010 Olympic Games. (F) For fiscal year 2012, $90,200,000. Rail Investment and Improvement Act of TITLE I—AUTHORIZATIONS (3) EARLY BUYOUT OPTION.—There are au- 2007; and SEC. 101. AUTHORIZATION FOR AMTRAK CAPITAL thorized to be appropriated to the Secretary ‘‘(D) short-distance corridors, or routes of AND OPERATING EXPENSES AND of Transportation such sums as may be nec- not more than 750 miles between endpoints, STATE CAPITAL GRANTS. essary for the use of Amtrak for the pay- operated by— (a) OPERATING GRANTS.—There are author- ment of costs associated with early buyout ‘‘(i) Amtrak; or ized to be appropriated to the Secretary of options if the exercise of those options is de- ‘‘(ii) another rail carrier that receives Transportation for the use of Amtrak for op- termined to be advantageous to Amtrak. funds under chapter 244.’’. erating costs the following amounts: (4) LEGAL EFFECT OF PAYMENTS UNDER THIS (b) AMTRAK ROUTES WITH STATE FUNDING.— (1) For fiscal year 2007, $580,000,000. SECTION.—The payment of principal and in- (1) IN GENERAL.—Chapter 247 is amended by (2) For fiscal year 2008, $590,000,000. terest on secured debt, with the proceeds of inserting after section 24701 the following: (3) For fiscal year 2009, $600,000,000. grants authorized by this section shall not— ‘‘§ 24702. Transportation requested by States, (4) For fiscal year 2010, $575,000,000. (A) modify the extent or nature of any in- authorities, and other persons (5) For fiscal year 2011, $535,000,000. debtedness of the National Railroad Pas- ‘‘(a) CONTRACTS FOR TRANSPORTATION.— (6) For fiscal year 2012, $455,000,000. senger Corporation to the United States in Amtrak may enter into a contract with a (b) CAPITAL GRANTS.—There are authorized existence of the date of enactment of this State, a regional or local authority, or an- to be appropriated to the Secretary of Trans- Act; other person for Amtrak to operate an inter- portation for the use of Amtrak for capital (B) change the private nature of Amtrak’s city rail service or route not included in the projects (as defined in subparagraphs (A) and or its successors’ liabilities; or national rail passenger transportation sys- (B) of section 24401(2) of title 49, United (C) imply any Federal guarantee or com- tem upon such terms as the parties thereto States Code) to bring the Northeast Corridor mitment to amortize Amtrak’s outstanding may agree. (as defined in section 24102(a)) to a state-of- indebtedness. ‘‘(b) DISCONTINUANCE.—Upon termination good-repair, for capital expenses of the na- SEC. 104. EXCESS RAILROAD RETIREMENT. of a contract entered into under this section, tional railroad passenger transportation sys- or the cessation of financial support under There are authorized to be appropriated to tem, and for purposes of making capital such a contract by either party, Amtrak the Secretary of Transportation, beginning grants under section 24402 of that title to may discontinue such service or route, not- with fiscal year 2007, such sums as may be States, the following amounts: withstanding any other provision of law.’’. necessary to pay to the Railroad Retirement (1) For fiscal year 2007, $813,000,000. (2) CONFORMING AMENDMENT.—The chapter Account an amount equal to the amount (2) For fiscal year 2008, $910,000,000. analysis for chapter 247 is amended by in- Amtrak must pay under section 3221 of the (3) For fiscal year 2009, $1,071,000,000. serting after the item relating to section Internal Revenue Code of 1986 in such fiscal (4) For fiscal year 2010, $1,096,000,000. 24701 the following: years that is more than the amount needed (5) For fiscal year 2011, $1,191,000,000. for benefits for individuals who retire from ‘‘24702. Transportation requested by States, (6) For fiscal year 2012, $1,231,000,000. Amtrak and for their beneficiaries. For each authorities, and other per- (c) AMOUNTS FOR STATE GRANTS.—Out of fiscal year in which the Secretary makes sons.’’. the amounts authorized under subsection (b), such a payment, the amounts authorized by (c) AMTRAK TO CONTINUE TO PROVIDE NON- the following percentage shall be available section 101(a) shall be reduced by an amount HIGH-SPEED SERVICES.—Nothing in this Act each fiscal year for capital grants to States equal to such payment. is intended to preclude Amtrak from restor- under section 24402 of title 49, United States ing, improving, or developing non-high-speed SEC. 105. OTHER AUTHORIZATIONS. Code, to be administered by the Secretary of intercity passenger rail service. Transportation: There are authorized to be appropriated to (d) APPLICABILITY OF SECTION 24706.—Sec- (1) 3 percent for fiscal year 2007. the Secretary of Transportation— tion 24706 is amended by adding at the end (2) 11 percent for fiscal year 2008. (1) $5,000,000 for each of fiscal years 2007 the following: (3) 23 percent for fiscal year 2009. through 2012 to carry out the rail coopera- ‘‘(c) APPLICABILITY.—This section applies (4) 25 percent for fiscal year 2010. tive research program under section 24910 of to all service over routes provided by Am- (5) 31 percent for fiscal year 2011. title 49, United States Code; trak, notwithstanding any provision of sec- (6) 33 percent for fiscal year 2012. (2) $5,000,000 for fiscal year 2008, to remain tion 24701 of this title or any other provision (d) PROJECT MANAGEMENT OVERSIGHT.—The available until expended, for grants to Am- of this title except section 24702(b).’’. 1 Secretary may withhold up to ⁄2 of 1 percent trak and States participating in the Next (e) AMTRAK’S MISSION.— of amounts appropriated pursuant to sub- Generation Corridor Train Equipment Pool (1) Section 24101 is amended— section (b) for the costs of project manage- Committee established under section 303 of (A) by striking ‘‘purpose’’ in the section ment oversight of capital projects carried this Act for the purpose of designing, devel- heading and inserting ‘‘mission’’; out by Amtrak. oping specifications for, and initiating the (B) by striking subsection (b) and inserting SEC. 102. AUTHORIZATION FOR THE FEDERAL procurement of an initial order of 1 or more the following: RAILROAD ADMINISTRATION. types of standardized next-generation cor- ‘‘(b) MISSION.— There are authorized to be appropriated to ridor train equipment and establishing a ‘‘(1) IN GENERAL.—The mission of Amtrak the Secretary of Transportation for the use jointly-owned corporation to manage that is to provide efficient and effective intercity of the Federal Railroad Administration such equipment; and passenger rail mobility consisting of high sums as necessary to implement the provi- (3) $2,000,000 for fiscal year 2008, for the use quality service that is trip-time competitive sions required under this Act for fiscal years of Amtrak in conducting the evaluation re- with other intercity travel options and that 2007 through 2012. quired by section 216 of this Act. is consistent with the goals of subsection (d).

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‘‘(2) PERFORMANCE MEASUREMENT.—All ‘‘(d) QUORUM.—A majority of the members (1) the first day of each fiscal year begin- measurements of Amtrak performance, in- serving shall constitute a quorum for doing ning after the date of enactment of this Act; cluding decisions on whether, and to what business. or extent, to provide operating subsidies, shall ‘‘(e) BYLAWS.—The Board may adopt and (2) the date that is 60 days after the date of be based on Amtrak’s ability to carry out amend bylaws governing the operation of enactment of an appropriation Act for the the mission described in paragraph (1).’’; and Amtrak. The bylaws shall be consistent with fiscal year, if later. (C) by redesignating paragraphs (9) this part and the articles of incorporation.’’. (b) CONTENTS OF 5-YEAR FINANCIAL PLAN.— through (11) in subsection (c) as paragraphs (b) EFFECTIVE DATE FOR DIRECTORS’ PROVI- (10) through (12), respectively, and inserting SION.—The amendment made by subsection The 5-year financial plan for Amtrak shall after paragraph (8) the following: (a) shall take effect on October 1, 2007. The include, at a minimum— ‘‘(9) provide redundant or complimentary members of the Amtrak Board serving on the (1) all projected revenues and expenditures intercity transportation service to ensure date of enactment of this Act may continue for Amtrak, including governmental funding mobility in times of national disaster or to serve for the remainder of the term to sources; other instances where other travel options which they were appointed. (2) projected ridership levels for all Am- are not adequately available;’’. SEC. 203. ESTABLISHMENT OF IMPROVED FINAN- trak passenger operations; (2) CONFORMING AMENDMENT.—The chapter CIAL ACCOUNTING SYSTEM. (3) revenue and expenditure forecasts for analysis for chapter 241 is amended by strik- (a) IN GENERAL.—The Amtrak Board of Di- non-passenger operations; ing the item relating to section 24101 and in- rectors— (4) capital funding requirements and ex- serting the following: (1) may employ an independent financial penditures necessary to maintain passenger ‘‘24101. Findings, mission, and goals’’. consultant with experience in railroad ac- service which will accommodate predicted SEC. 202. AMTRAK BOARD OF DIRECTORS. counting to assist Amtrak in improving Am- ridership levels and predicted sources of cap- (a) IN GENERAL.—Section 24302 is amended trak’s financial accounting and reporting ital funding; to read as follows: system and practices; (5) operational funding needs, if any, to (2) shall implement a modern financial ac- ‘‘§ 24302. Board of directors maintain current and projected levels of pas- counting and reporting system; and ‘‘(a) COMPOSITION AND TERMS.— senger service, including state-supported (3) shall, not later than 90 days after the ‘‘(1) The Board of Directors of Amtrak is routes and predicted funding sources; end of each fiscal year through fiscal year composed of the following 10 directors, each (6) projected capital and operating require- 2012— of whom must be a citizen of the United ments, ridership, and revenue for any new (A) submit to Congress a comprehensive re- States: passenger service operations or service export that allocates all of Amtrak’s revenues ‘‘(A) The Secretary of Transportation. pansions; and costs to each of its routes, each of its ‘‘(B) The President of Amtrak, who shall (7) an assessment of the continuing finan- lines of business, and each major activity serve ex officio, as a non-voting member. cial stability of Amtrak, as indicated by fac- within each route and line of business activ- ‘‘(C) 8 individuals appointed by the Presi- tors such as the ability of the Federal gov- dent of the United States, by and with the ity, including— ernment to fund capital and operating re- advice and consent of the Senate, with gen- (i) train operations; quirements adequately, Amtrak’s ability to eral business and financial experience, expe- (ii) equipment maintenance; efficiently manage its workforce, and Am- rience or qualifications in transportation, (iii) food service; trak’s ability to effectively provide pas- freight and passenger rail transportation, (iv) sleeping cars; senger train service; (v) ticketing; and travel, hospitality, cruise line, and passenger (8) estimates of long-term and short-term (vi) reservations; air transportation businesses, or representa- debt and associated principal and interest (B) include the report described in subpara- tives of employees or users of passenger rail payments (both current and anticipated); graph (A) in Amtrak’s annual report; and transportation or a State government. (9) annual cash flow forecasts; (C) post such report on Amtrak’s website. ‘‘(2) In selecting individuals described in (10) a statement describing methods of es- paragraph (1) for nominations for appoint- (b) VERIFICATION OF SYSTEM; REPORT.—The Inspector General of the Department of timation and significant assumptions; ments to the Board, the President shall con- Transportation shall review the accounting (11) specific measures that demonstrate sult with the Speaker of the House of Rep- system designed and implemented under sub- measurable improvement year over year in resentatives, the minority leader of the section (a) to ensure that it accomplishes the Amtrak’s ability to operate with reduced House of Representatives, the majority lead- purposes for which it is intended. The Inspec- Federal operating assistance; er of the Senate, and the minority leader of tor General shall report his findings and con- (12) prior fiscal year and projected oper- the Senate and try to provide adequate and clusions, together with any recommenda- ating ratio, cash operating loss, and cash op- balanced representation of the major geo- tions, to the Senate Committee on Com- erating loss per passenger on a route, busi- graphic regions of the United States served merce, Science, and Transportation and the ness line, and corporate basis; by Amtrak. House of Representatives Committee on (13) prior fiscal year and projected specific ‘‘(3) An individual appointed under para- Transportation and Infrastructure. costs and savings estimates resulting from graph (1)(C) of this subsection serves for 5 (c) CATEGORIZATION OF REVENUES AND EX- reform initiatives; years or until the individual’s successor is PENSES.— (14) prior fiscal year and projected labor appointed and qualified. Not more than 5 in- (1) IN GENERAL.—In carrying out subsection productivity statistics on a route, business dividuals appointed under paragraph (1)(C) (a), the Amtrak Board of Directors shall sep- line, and corporate basis; may be members of the same political party. arately categorize routes, assigned revenues, (15) prior fiscal year and projected equip- ‘‘(4) The Board shall elect a chairman and and attributable expenses by type of service, ment reliability statistics; and a vice chairman from among its membership. including long distance routes, State-spon- (16) capital and operating expenditure for The vice chairman shall serve as chairman in sored routes, commuter contract routes, and anticipated security needs. the absence of the chairman. Northeast Corridor routes. ‘‘(5) The Secretary may be represented at (c) STANDARDS TO PROMOTE FINANCIAL STA- (2) NORTHEAST CORRIDOR.—Amtrak reve- board meetings by the Secretary’s designee. BILITY.—In meeting the requirements of sub- nues generated by freight and commuter section (b), Amtrak shall— ‘‘(6) The voting privileges of the President railroads operating on the Northeast Cor- can be changed by a unanimous decision of (1) apply sound budgetary practices, in- ridor shall be separately listed to include the cluding reducing costs and other expendi- the Board. charges per car mile assessed by Amtrak to ‘‘(b) PAY AND EXPENSES.—Each director not tures, improving productivity, increasing other freight and commuter railroad enti- employed by the United States Government revenues, or combinations of such practices; is entitled to $300 a day when performing ties. (2) use the categories specified in the fi- Board duties. Each Director is entitled to re- (3) FIXED OVERHEAD EXPENSES.—Fixed over- nancial accounting and reporting system de- imbursement for necessary travel, reason- head expenses that are not directly assigned veloped under section 203 when preparing its able secretarial and professional staff sup- or attributed to any route (or group of 5-year financial plan; and port, and subsistence expenses incurred in routes) shall be listed separately by line (3) ensure that the plan is consistent with attending Board meetings. item and expense category. the authorizations of appropriations under ‘‘(c) VACANCIES.—A vacancy on the Board SEC. 204. DEVELOPMENT OF 5-YEAR FINANCIAL title I of this Act. is filled in the same way as the original se- PLAN. lection, except that an individual appointed (a) DEVELOPMENT OF 5-YEAR FINANCIAL (d) ASSESSMENT BY DOT INSPECTOR GEN- by the President of the United States under PLAN.—The Amtrak Board of Directors shall ERAL.— subsection (a)(1)(C) of this section to fill a submit an annual budget and business plan (1) IN GENERAL.—The Inspector General of vacancy occurring before the end of the term for Amtrak, and a 5-year financial plan for the Department of Transportation shall as- for which the predecessor of that individual the fiscal year to which that budget and sess the 5-year financial plans prepared by was appointed is appointed for the remainder business plan relate and the subsequent 4 Amtrak under this section to determine of that term. A vacancy required to be filled years, prepared in accordance with this sec- whether they meet the requirements of sub- by appointment under subsection (a)(1)(C) tion, to the Secretary of Transportation and section (b), and may suggest revisions to any must be filled not later than 120 days after the Inspector General of the Department of components thereof that do not meet those the vacancy occurs. Transportation no later than— requirements.

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(2) ASSESSMENT TO BE FURNISHED TO THE implement a single, Nationwide standardized shall transmit a report to the Senate Com- CONGRESS.—The Inspector General shall fur- methodology for establishing and allocating mittee on Commerce, Science, and Transpor- nish to the House of Representatives Com- the operating and capital costs among the tation and the House of Representatives mittee on Appropriations, the Senate Com- States and Amtrak associated with trains Committee on Transportation and Infra- mittee on Appropriations, the House of Rep- operated on routes described in section structure explaining its action in adopting resentatives Committee on Transportation 24102(5)(B) or (D) or section 24702 that— or failing to adopt any of the recommenda- and Infrastructure, and the Senate Com- (1) ensures, within 5 years after the date of tions. mittee on Commerce, Science, and Transpor- enactment of this Act, equal treatment in (d) AUTHORIZATION OF APPROPRIATIONS.— tation— the provision of like services of all States There are authorized to be made available to (A) an assessment of the annual budget and groups of States (including the District the Secretary of Transportation, out of any within 90 days after receiving it from Am- of Columbia); and amounts authorized by this Act to be appro- trak; and (2) allocates to each route the costs in- priated for the benefit of Amtrak and not (B) an assessment of the remaining 4 years curred only for the benefit of that route and otherwise obligated or expended, such sums of the 5-year financial plan within 180 days a proportionate share, based upon factors as may be necessary to carry out this sec- after receiving it from Amtrak. that reasonably reflect relative use, of costs tion. (e) PIONEER ROUTE.—Not later than 1 year incurred for the common benefit of more SEC. 205. ESTABLISHMENT OF GRANT PROCESS. after the date of the enactment of this Act, than 1 route. (a) GRANT REQUESTS.—Amtrak shall sub- Amtrak shall conduct a 1-time evaluation of (b) REVIEW.—If Amtrak and the States (in- mit grant requests (including a schedule for passenger rail service between Seattle and cluding the District of Columbia) in which the disbursement of funds), consistent with Chicago (commonly known as the ‘‘Pioneer Amtrak operates such routes do not volun- the requirements of this Act, to the Sec- Route’’), which was operated by Amtrak tarily adopt and implement the methodology retary of Transportation for funds author- until 1997, using methodologies adopted ized to be appropriated to the Secretary for developed under subsection (a) in allocating under subsection (c), to determine whether the use of Amtrak under sections 101(a) and costs and determining compensation for the to reinstate passenger rail service along the (b), 103, and 105. provision of service in accordance with the Pioneer Route or along segments of such (b) PROCEDURES FOR GRANT REQUESTS.— date established therein, the Surface Trans- route. The Secretary shall establish substantive portation Board shall determine the appro- (f) NORTH COAST HIAWATHA ROUTE.—Not and procedural requirements, including priate methodology required under sub- later than 1 year after the date of enactment schedules, for grant requests under this sec- section (a) for such services in accordance of this Act, Amtrak shall conduct a 1-time tion not later than 30 days after the date of with the procedures and procedural schedule evaluation of passenger rail service between enactment of this Act and shall transmit applicable to a proceeding under section Chicago and Seattle, through Southern Mon- copies to the Senate Committee on Com- 24904(c) of title 49, United States Code, and tana (commonly known as the ‘‘North Coast merce, Science, and Transportation and the require the full implementation of this Hiawatha Route’’), which was operated by House of Representatives Committee on methodology with regards to the provision of Amtrak until 1979, using methodologies Transportation and Infrastructure. As part such service within 1 year after the Board’s adopted under subsection (c), to determine of those requirements, the Secretary shall determination of the appropriate method- whether to reinstate passenger rail service require, at a minimum, that Amtrak deposit ology. along the North Coast Hiawatha Route or grant funds, consistent with the appro- (c) USE OF CHAPTER 244 FUNDS.—Funds pro- along segments of such route, provided that priated amounts for each area of expenditure vided to a State under chapter 244 of title 49, such service will not negatively impact ex- in a given fiscal year, in the following 3 ac- United States Code, may be used, as provided isting Amtrak routes. counts: in that chapter, to pay capital costs deter- SEC. 208. METRICS AND STANDARDS. (1) The Amtrak Operating account. mined in accordance with this section. (a) IN GENERAL.—Within 180 days after the (2) The Amtrak General Capital account. SEC. 207. INDEPENDENT AUDITOR TO ESTABLISH date of enactment of this Act, the Adminis- (3) The Northeast Corridor Improvement METHODOLOGIES FOR AMTRAK trator of the Federal Railroad Administra- funds account. ROUTE AND SERVICE PLANNING DE- tion and Amtrak shall jointly, in consulta- CISIONS. tion with the Surface Transportation Board, Amtrak may not transfer such funds to an- (a) METHODOLOGY DEVELOPMENT.—The Fed- rail carriers over whose rail lines Amtrak other account or expend such funds for any eral Railroad Administration shall obtain trains operate, States, Amtrak employees, purpose other than the purposes covered by the services of an independent auditor or and groups representing Amtrak passengers, the account in which the funds are deposited consultant to develop and recommend objec- as appropriate, develop new or improve ex- without approval by the Secretary. tive methodologies for determining intercity isting metrics and minimum standards for (c) REVIEW AND APPROVAL.— passenger routes and services, including the measuring the performance and service qual- (1) 30-DAY APPROVAL PROCESS.—The Sec- establishment of new routes, the elimination retary shall complete the review of a com- ity of intercity passenger train operations, of existing routes, and the contraction or ex- including cost recovery, on-time perform- plete grant request (including the disburse- pansion of services or frequencies over such ment schedule) and approve or disapprove ance and minutes of delay, ridership, on- routes. In developing such methodologies, board services, stations, facilities, equip- the request within 30 days after the date on the auditor or consultant shall consider— which Amtrak submits the grant request. If ment, and other services. Such metrics, at a (1) the current or expected performance minimum, shall include the percentage of the Secretary disapproves the request or de- and service quality of intercity passenger termines that the request is incomplete or avoidable and fully allocated operating costs train operations, including cost recovery, on- covered by passenger revenues on each route, deficient, the Secretary shall include the time performance and minutes of delay, rid- reason for disapproval or the incomplete ridership per train mile operated, measures ership, on-board services, stations, facilities, of on-time performance and delays incurred items or deficiencies in the notice to Am- equipment, and other services; trak. by intercity passenger trains on the rail (2) connectivity of a route with other lines of each rail carrier and, for long dis- (2) 15-DAY MODIFICATION PERIOD.—Within 15 routes; tance routes, measures of connectivity with days after receiving notification from the (3) the transportation needs of commu- Secretary under the preceding sentence, Am- other routes in all regions currently receiv- nities and populations that are not well ing Amtrak service and the transportation trak shall submit a modified request for the served by intercity passenger rail service or Secretary’s review. needs of communities and populations that by other forms of public transportation; are not well-served by other forms of public (3) REVISED REQUESTS.—Within 15 days (4) Amtrak’s and other major intercity transportation. Amtrak shall provide reason- after receiving a modified request from Am- passenger rail service providers in other able access to the Federal Railroad Adminis- trak, the Secretary shall either approve the countries’ methodologies for determining tration in order to enable the Administra- modified request, or, if the Secretary finds intercity passenger rail routes and services; tion to carry out its duty under this section. that the request is still incomplete or defi- and (b) QUARTERLY REPORTS.—The Adminis- cient, the Secretary shall identify in writing (5) the views of the States and other inter- trator of the Federal Railroad Administra- to the Senate Committee on Commerce, ested parties. tion shall collect the necessary data and Science, and Transportation and the House (b) SUBMITTAL TO CONGRESS.—The auditor publish a quarterly report on the perform- of Representatives Committee on Transpor- or consultant shall submit recommendations ance and service quality of intercity pas- tation and Infrastructure the remaining defi- developed under subsection (a) to Amtrak, senger train operations, including Amtrak’s ciencies and recommend a process for resolv- the House of Representatives Committee on cost recovery, ridership, on-time performing the outstanding portions of the request. Transportation and Infrastructure, and the ance and minutes of delay, causes of delay, SEC. 206. STATE-SUPPORTED ROUTES. Senate Committee on Commerce, Science, on-board services, stations, facilities, equip- (a) IN GENERAL.—Within 2 years after the and Transportation. ment, and other services. date of enactment of this Act, the Board of (c) CONSIDERATION OF RECOMMENDATIONS.— (c) CONTRACT WITH HOST RAIL CARRIERS.— Directors of Amtrak, in consultation with Within 90 days after receiving the rec- To the extent practicable, Amtrak and its the Secretary of Transportation and the gov- ommendations developed under subsection host rail carriers shall incorporate the ernors of each relevant State and the Mayor (a) by the independent auditor or consultant, metrics and standards developed under sub- of the District of Columbia or groups rep- the Amtrak Board shall consider the adop- section (a) into their access and service resenting those officials, shall develop and tion of those recommendations. The Board agreements.

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(d) ARBITRATION.—If the development of Code, or otherwise requests or requires the ‘‘(2) beginning in fiscal year 2009 for those the metrics and standards is not completed Board’s services pursuant to this Act. The routes identified as being in the second best within the 180-day period required by sub- Board shall establish such fees at levels that performing third under subsection (a)(2); and section (a), any party involved in the devel- will fully or partially, as the Board deter- ‘‘(3) beginning in fiscal year 2010 for those opment of those standards may petition the mines to be appropriate, offset the costs of routes identified as being in the best per- Surface Transportation Board to appoint an adjudicating complaints under that section forming third under subsection (a)(2). arbitrator to assist the parties in resolving and other requests or requirements for Board ‘‘(d) ENFORCEMENT.—The Federal Railroad their disputes through binding arbitration. action under this Act. The Board may waive Administration shall monitor the develop- SEC. 209. PASSENGER TRAIN PERFORMANCE. any fee established under this subsection for ment, implementation, and outcome of im- (a) IN GENERAL.—Section 24308 is amended any governmental entity as determined ap- provement plans under this section. If, for by adding at the end the following: propriate by the Board. any year, it determines that Amtrak is not ‘‘(f) PASSENGER TRAIN PERFORMANCE AND (c) AUTHORIZATION OF ADDITIONAL STAFF.— making reasonable progress in implementing OTHER STANDARDS.— The Surface Transportation Board may in- its performance improvement plan or in ‘‘(1) INVESTIGATION OF SUBSTANDARD PER- crease the number of Board employees by up achieving the expected outcome of the plan FORMANCE.—If the on-time performance of to 15 for the 5 fiscal year period beginning for any calendar year, the Federal Railroad any intercity passenger train averages less with fiscal year 2008 to carry out its respon- Administration— than 80 percent for any 2 consecutive cal- sibilities under section 24308 of title 49, ‘‘(1) shall notify Amtrak, the Inspector endar quarters, or the service quality of United States Code, and this Act. General of the Department of Transpor- intercity passenger train operations for (d) CHANGE OF REFERENCE.—Section 24308 is tation, and appropriate Congressional com- which minimum standards are established amended— mittees of its determination under this sub- under section 208 of the Passenger Rail In- (1) by striking ‘‘Interstate Commerce Com- section; vestment and Improvement Act of 2007 fails mission’’ in subsection (a)(2)(A) and insert- ‘‘(2) shall provide an opportunity for a to meet those standards for 2 consecutive ing ‘‘Surface Transportation Board’’; hearing with respect to that determination; calendar quarters, the Surface Transpor- (2) by striking ‘‘Commission’’ each place it and tation Board may initiate an investigation, appears and inserting ‘‘Board’’; ‘‘(3) may withhold any appropriated funds or upon the filing of a complaint by Amtrak, (3) by striking ‘‘Secretary of Transpor- otherwise available to Amtrak for the oper- an intercity passenger rail operator, a host tation’’ in subsection (c) and inserting ation of a route or routes on which it is not freight railroad over which Amtrak operates, ‘‘Board’’; and making progress, other than funds made or an entity for which Amtrak operates (4) by striking ‘‘Secretary’’ the last 3 available for passenger safety or security intercity passenger rail service, the Board places it appears in subsection (c) and each measures.’’. shall initiate an investigation to determine place it appears in subsections (d) and (e) and (b) CONFORMING AMENDMENT.—The chapter whether, and to what extent, delays or fail- inserting ‘‘Board’’. analysis for chapter 247 is amended by in- ure to achieve minimum standards are due serting after the item relating to section SEC. 210. LONG DISTANCE ROUTES. 24709 the following: to causes that could reasonably be addressed (a) IN GENERAL.—Chapter 247 is amended ‘‘24710. Long distance routes.’’. by a rail carrier over tracks of which the by adding at the end thereof the following: intercity passenger train operates or reason- SEC. 210A. REPORT ON SERVICE DELAYS ON CER- ably addressed by Amtrak or other intercity ‘‘§ 24710. Long distance routes TAIN PASSENGER RAIL ROUTES. passenger rail operator. As part of its inves- ‘‘(a) ANNUAL EVALUATION.—Using the fi- Not later than 6 months after the date of tigation, the Board has authority to review nancial and performance metrics developed the enactment of this Act, the Inspector the accuracy of the train performance data. under section 208 of the Passenger Rail In- General of the Department of Transportation In making its determination or carrying out vestment and Improvement Act of 2007, Am- shall submit to Congress a report that— such an investigation, the Board shall obtain trak shall— (1) describes service delays and the sources information from all parties involved and ‘‘(1) evaluate annually the financial and of such delays on— identify reasonable measures and make rec- operating performance of each long distance (A) the Amtrak passenger rail route be- ommendations to improve the service, qual- passenger rail route operated by Amtrak; tween Seattle, Washington, and Los Angeles, ity, and on-time performance of the train. and California (commonly known as the ‘‘Coast ‘‘(2) PROBLEMS CAUSED BY HOST RAIL CAR- ‘‘(2) rank the overall performance of such Starlight’’); and RIER.—If the Board determines that delays or routes for 2006 and identify each long dis- (B) the Amtrak passenger rail route be- failures to achieve minimum standards in- tance passenger rail route operated by Am- tween Vancouver, British Columbia, Canada, vestigated under paragraph (1) are attrib- trak in 2006 according to its overall perform- and Eugene, Oregon (commonly known as utable to a rail carrier’s failure to provide ance as belonging to the best performing ‘‘Amtrak Cascades’’); and preference to Amtrak over freight transpor- third of such routes, the second best per- (2) contains recommendations for improv- tation as required under subsection (c), the forming third of such routes, or the worst ing the on-time performance of such routes. Board may award damages against the host performing third of such routes. SEC. 211. ALTERNATE PASSENGER RAIL SERVICE rail carrier, including prescribing such other ‘‘(b) PERFORMANCE IMPROVEMENT PLAN.— PROGRAM. relief to Amtrak as it determines to be rea- Amtrak shall develop and publish a perform- (a) IN GENERAL.—Chapter 247, as amended sonable and appropriate pursuant to para- ance improvement plan for its long distance by section 209, is amended by adding at the graph (3) of this subsection. passenger rail routes to achieve financial end thereof the following: ‘‘(3) DAMAGES AND RELIEF.—In awarding and operating improvements based on the ‘‘§ 24711. Alternate passenger rail service pro- damages and prescribing other relief under data collected through the application of the gram this subsection the Board shall consider such financial and performance metrics developed ‘‘(a) IN GENERAL.—Within 1 year after the factors as— under section 208 of that Act. The plan shall date of enactment of the Passenger Rail In- ‘‘(A) the extent to which Amtrak suffers fi- address— vestment and Improvement Act of 2007, the nancial loss as a result of host rail carrier ‘‘(1) on-time performance; Federal Railroad Administration shall ini- delays or failure to achieve minimum stand- ‘‘(2) scheduling, frequency, routes, and tiate a rulemaking proceeding to develop a ards; and stops; program under which— ‘‘(B) what reasonable measures would ade- ‘‘(3) the feasibility of restructuring service ‘‘(1) a rail carrier or rail carriers that own quately deter future actions which may rea- into connected corridor service; infrastructure over which Amtrak operates a sonably be expected to be likely to result in ‘‘(4) performance-related equipment passenger rail service route described in sub- delays to Amtrak on the route involved. changes and capital improvements; paragraph (B), (C), or (D) of section 24102(5) ‘‘(4) USE OF DAMAGES.—The Board shall, as ‘‘(5) on-board amenities and service, in- or in section 24702 of title 49, United States it deems appropriate, order the host rail car- cluding food, first class, and sleeping car Code, or any entity operating as a rail carrier to remit the damages awarded under service; rier that has negotiated a contingent agree- this subsection to Amtrak or to an entity for ‘‘(6) State or other non-Federal financial ment to lease necessary rights-of-way from a which Amtrak operates intercity passenger contributions; rail carrier or rail carriers that own the in- rail service. Such damages shall be used for ‘‘(7) improving financial performance; and frastructure on which Amtrak operates such capital or operating expenditures on the ‘‘(8) other aspects of Amtrak’s long dis- routes, may petition the Federal Railroad routes over which delays or failures to tance passenger rail routes that affect the fi- Administration to be considered as a pas- achieve minimum standards were the result nancial, competitive, and functional per- senger rail service provider over that route of a rail carrier’s failure to provide pref- formance of service on Amtrak’s long dis- in lieu of Amtrak; erence to Amtrak over freight transpor- tance passenger rail routes. ‘‘(2) the Administration would notify Am- tation as determined in accordance with ‘‘(c) IMPLEMENTATION.—Amtrak shall im- trak within 30 days after receiving a petition paragraph (2).’’. plement the performance improvement plan under paragraph (1) and establish a deadline (b) FEES.—The Surface Transportation developed under subsection (b)— by which both the petitioner and Amtrak Board may establish and collect filing fees ‘‘(1) beginning in fiscal year 2008 for those would be required to submit a bid to provide from any entity that files a complaint under routes identified as being in the worst per- passenger rail service over the route to section 24308(f)(1) of title 49, United States forming third under subsection (a)(2); which the petition relates;

VerDate Aug 31 2005 02:24 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\A30OC6.012 S30OCPT1 cnoel on PRODPC60 with SENATE_CN S13556 CONGRESSIONAL RECORD — SENATE October 30, 2007 ‘‘(3) each bid would describe how the bidder form and Accountability Act of 1997 relating cessation of Amtrak service resulting from would operate the route, what Amtrak pas- to employees that provide food and beverage the awarding of a grant to an operator other senger equipment would be needed, if any, service; and than Amtrak for the operation of a route what sources of non-Federal funding the bid- ‘‘(4) the winning bidder shall provide pref- under section 24711 of title 49, United States der would use, including any State subsidy, erence in hiring to qualified Amtrak employ- Code, or any other route, previously oper- among other things; ees displaced by the award of the bid, con- ated by Amtrak do not receive financial in- ‘‘(4) the Administration would make a de- sistent with the staffing plan submitted by centives under subsection (a), then the Sec- cision and execute a contract within a speci- the bidder. retary shall make grants to the National fied, limited time after that deadline award- ‘‘(d) CESSATION OF SERVICE.—If a rail car- Railroad Passenger Corporation from funds ing to the winning bidder— rier or rail carriers awarded a route under authorized by section 102 of this Act for ter- ‘‘(A) the right and obligation to provide this section cease to operate the service or mination-related payments to employees passenger rail service over that route subject fail to fulfill their obligations under the con- under existing contractual agreements. to such performance standards as the Admin- tract required under subsection (c), the Ad- SEC. 213. NORTHEAST CORRIDOR STATE-OF- istration may require, consistent with the ministrator, in collaboration with the Sur- GOOD-REPAIR PLAN. standards developed under section 208 of this face Transportation Board shall take any (a) IN GENERAL.—Within 6 months after the Act; and necessary action consistent with this title to date of enactment of this Act, the National ‘‘(B) an operating subsidy— enforce the contract and ensure the contin- Railroad Passenger Corporation, in consulta- ‘‘(i) for the first year at a level not in ex- ued provision of service, including the in- tion with the Secretary and the States (in- cess of the level in effect during the fiscal stallment of an interim service provider and cluding the District of Columbia) that make year preceding the fiscal year in which the re-bidding the contract to operate the serv- up the Northeast Corridor (as defined in sec- petition was received, adjusted for inflation; ice. The entity providing service shall either tion 24102 of title 49, United States Code), ‘‘(ii) for any subsequent years at such be Amtrak or a rail carrier defined in section shall prepare a capital spending plan for cap- level, adjusted for inflation; and 24711(a)(1). ital projects required to return the railroad ‘‘(5) each bid would contain a staffing plan ‘‘(e) ADEQUATE RESOURCES.—Before taking right-of-way (including track, signals, and describing the number of employees needed any action allowed under this section, the auxiliary structures), facilities, stations, and to operate the service, the job assignments Secretary shall certify that the Adminis- equipment, of the Northeast Corridor to a and requirements, and the terms of work for trator has sufficient resources that are ade- state of good repair by the end of fiscal year prospective and current employees of the quate to undertake the program established 2012, consistent with the funding levels au- bidder for the service outlined in the bid, and under this section.’’. thorized in this Act and shall submit the such staffing plan would be made available (b) CONFORMING AMENDMENT.—The chapter plan to the Secretary. by the winning bidder to the public after the analysis for chapter 247, as amended by sec- (b) APPROVAL BY THE SECRETARY.— bid award. tion 209, is amended by inserting after the (1) The Corporation shall submit the cap- ‘‘(b) IMPLEMENTATION.— item relating to section 24710 the following: ital spending plan prepared under this sec- ‘‘(1) INITIAL PETITIONS.—Pursuant to any tion to the Secretary of Transportation for rules or regulations promulgated under sub- ‘‘24711. Alternate passenger rail service pro- review and approval pursuant to the proce- section (A), the Administration shall estab- gram.’’. dures developed under section 205 of this Act. lish a deadline for the submission of a peti- SEC. 212. EMPLOYEE TRANSITION ASSISTANCE. (2) The Secretary of Transportation shall tion under subsection (a)— (a) PROVISION OF FINANCIAL INCENTIVES.— require that the plan be updated at least an- ‘‘(A) during fiscal year 2008 for operations For Amtrak employees who are adversely af- nually and shall review and approve such up- commencing in fiscal year 2009; and fected by the cessation of the operation of a dates. During review, the Secretary shall ‘‘(B) during the immediately preceding fis- long distance route or any other route under seek comments and review from the commis- cal year for operations commencing in subse- section 24711 of title 49, United States Code, sion established under section 24905 of title quent fiscal years. previously operated by Amtrak, the Sec- 49, United States Code, and other Northeast ‘‘(2) ROUTE LIMITATIONS.—The Administra- retary shall develop a program under which Corridor users regarding the plan. tion may not make the program available the Secretary may, in the Secretary’s discre- (3) The Secretary shall make grants to the with respect to more than 1 Amtrak pas- tion, provide grants for financial incentives Corporation with funds authorized by section senger rail route for operations beginning in to be provided to employees of the National 101(b) for Northeast Corridor capital invest- fiscal year 2009 nor to more than 2 such Railroad Passenger Corporation who volun- ments contained within the capital spending routes for operations beginning in fiscal year tarily terminate their employment with the plan prepared by the Corporation and ap- 2011 and subsequent fiscal years. Corporation and relinquish any legal rights proved by the Secretary. ‘‘(c) PERFORMANCE STANDARDS; ACCESS TO to receive termination-related payments (4) Using the funds authorized by section FACILITIES; EMPLOYEES.—If the Administra- under any contractual agreement with the tion awards the right and obligation to pro- Corporation. 101(d), the Secretary shall review Amtrak’s vide passenger rail service over a route under (b) CONDITIONS FOR FINANCIAL INCEN- capital expenditures funded by this section the program to a rail carrier or rail car- TIVES.—As a condition for receiving financial to ensure that such expenditures are con- riers— assistance grants under this section, the Cor- sistent with the capital spending plan and ‘‘(1) it shall execute a contract with the poration must certify that— that Amtrak is providing adequate project rail carrier or rail carriers for rail passenger (1) a reasonable attempt was made to reas- management oversight and fiscal controls. operations on that route that conditions the sign an employee adversely affected under (c) ELIGIBILITY OF EXPENDITURES.—The operating and subsidy rights upon— section 24711 of title 49, United States Code, Federal share of expenditures for capital im- ‘‘(A) the service provider continuing to or by the elimination of any route, to other provements under this section may not ex- provide passenger rail service on the route positions within the Corporation in accord- ceed 100 percent. that is no less frequent, nor over a shorter ance with any contractual agreements; SEC. 214. NORTHEAST CORRIDOR INFRASTRUC- distance, than Amtrak provided on that (2) the financial assistance results in a net TURE AND OPERATIONS IMPROVE- MENTS. route before the award; and reduction in the total number of employees (a) IN GENERAL.—Section 24905 is amended ‘‘(B) the service provider’s compliance with equal to the number receiving financial in- to read as follows: the minimum standards established under centives; section 208 of the Passenger Rail Investment (3) the financial assistance results in a net ‘‘§ 24905. Northeast Corridor Infrastructure and Improvement Act of 2007 and such addi- reduction in total employment expense and Operations Advisory Commission; Safe- tional performance standards as the Admin- equivalent to the total employment expenses ty and Security Committee istration may establish; associated with the employees receiving fi- ‘‘(a) NORTHEAST CORRIDOR INFRASTRUCTURE ‘‘(2) it shall, if the award is made to a rail nancial incentives; and AND OPERATIONS ADVISORY COMMISSION.— carrier other than Amtrak, require Amtrak (4) the total number of employees eligible ‘‘(1) Within 180 days after the date of en- to provide access to its reservation system, for termination-related payments will not be actment of the Passenger Rail Investment stations, and facilities to any rail carrier or increased without the express written con- and Improvement Act of 2007, the Secretary rail carriers awarded a contract under this sent of the Secretary. of Transportation shall establish a Northeast section, in accordance with section 218 of (c) AMOUNT OF FINANCIAL INCENTIVES.—The Corridor Infrastructure and Operations Advi- that Act, necessary to carry out the purposes financial incentives authorized under this sory Commission (hereinafter referred to in of this section; section may be no greater than $50,000 per this section as the ‘Commission’) to promote ‘‘(3) the employees of any person used by a employee. mutual cooperation and planning pertaining rail carrier or rail carriers (as defined in sec- (d) AUTHORIZATION OF APPROPRIATIONS.— to the rail operations and related activities tion 10102(5) of this title) in the operation of There are hereby authorized to be appro- of the Northeast Corridor. The Commission a route under this section shall be considered priated to the Secretary such sums as may shall be made up of— an employee of that carrier or carriers and be necessary to make grants to the National ‘‘(A) members representing the National subject to the applicable Federal laws and Railroad Passenger Corporation to provide Railroad Passenger Corporation; regulations governing similar crafts or class- financial incentives under subsection (a). ‘‘(B) members representing the Secretary es of employees of Amtrak, including provi- (e) TERMINATION-RELATED PAYMENTS.—If of Transportation and the Federal Railroad sions under section 121 of the Amtrak Re- Amtrak employees adversely affected by the Administration;

VerDate Aug 31 2005 02:24 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\A30OC6.012 S30OCPT1 cnoel on PRODPC60 with SENATE_CN October 30, 2007 CONGRESSIONAL RECORD — SENATE S13557 ‘‘(C) 1 member from each of the States (in- ‘‘(ii) each service is assigned the costs in- partment of Transportation shall enter into cluding the District of Columbia) that concurred only for the benefit of that service, an agreement governing access fees and stitute the Northeast Corridor as defined in and a proportionate share, based upon fac- other costs or charges related to the oper- section 24102, designated by, and serving at tors that reasonably reflect relative use, of ation of the South County commuter rail the pleasure of, the chief executive officer costs incurred for the common benefit of service on the Northeast Corridor between thereof; and more than 1 service; Providence and Wickford Junction, Rhode Is- ‘‘(D) non-voting representatives of freight ‘‘(B) develop a proposed timetable for im- land. railroad carriers using the Northeast Cor- plementing the formula before the end of the (2) FAILURE TO REACH AGREEMENT.—If Am- ridor selected by the Secretary. 6th year following the date of enactment of trak and the Rhode Island Department of ‘‘(2) The Secretary shall ensure that the that Act; Transportation fail to reach the agreement membership belonging to any of the groups ‘‘(C) transmit the proposed timetable to specified under paragraph (1), the Adminis- enumerated under subparagraph (1) shall not the Surface Transportation Board; and trator of the Federal Railroad Administra- constitute a majority of the commission’s ‘‘(D) at the request of a Commission mem- tion shall, after consultation with both par- memberships. ber, petition the Surface Transportation ties, resolve any outstanding disagreements ‘‘(3) The commission shall establish a Board to appoint a mediator to assist the between the parties, including setting access schedule and location for convening meet- Commission members through non-binding fees and other costs or charges related to the ings, but shall meet no less than four times mediation to reach an agreement under this operation of the South County commuter per fiscal year, and the commission shall de- section. rail service that do not allow for the cross- velop rules and procedures to govern the ‘‘(2) IMPLEMENTATION.—The National Rail- subsidization of intercity rail passenger and commission’s proceedings. road Passenger Corporation and the com- commuter rail passenger service, not later ‘‘(4) A vacancy in the Commission shall be muter authorities providing commuter rail than October 31, 2007. filled in the manner in which the original ap- passenger transportation on the Northeast (3) INTERIM AGREEMENT.—Any agreement pointment was made. Corridor shall implement new agreements between Amtrak and the Rhode Island De- ‘‘(5) Members shall serve without pay but for usage of facilities or services based on partment of Transportation relating to ac- shall receive travel expenses, including per the formula proposed in paragraph (1) in access costs made under this subsection shall diem in lieu of subsistence, in accordance cordance with the timetable established be superseded by any access cost formula de- with sections 5702 and 5703 of title 5, United therein. If the entities fail to implement veloped by the Northeast Corridor Infra- States Code. such new agreements in accordance with the structure and Operations Advisory Commis- ‘‘(6) The Chairman of the Commission shall timetable, the Commission shall petition the sion under section 24905(c)(1) of title 49, be elected by the members. Surface Transportation Board to determine United States Code, as amended by section ‘‘(7) The Commission may appoint and fix the appropriate compensation amounts for 214(a) of this Act. such services in accordance with section the pay of such personnel as it considers ap- (d) ACELA SERVICE STUDY.— 24904(c) of this title. The Surface Transpor- propriate. (1) IN GENERAL.—Amtrak shall conduct a ‘‘(8) Upon request of the Commission, the tation Board shall enforce its determination conduct a study to determine the infrastruc- head of any department or agency of the on the party or parties involved. ture and equipment improvements necessary ‘‘(d) TRANSMISSION OF RECOMMENDATIONS.— United States may detail, on a reimbursable to provide regular Acela service— The commission shall annually transmit the basis, any of the personnel of that depart- (A) between Washington, D.C. and New ment or agency to the Commission to assist recommendations developed under subsection (b) and the formula and timetable de- York City in 2 hours and 30 minutes; and it in carrying out its duties under this sec- (B) between New York City and Boston in tion. veloped under subsection (c)(1) to the Senate Committee on Commerce, Science, and 3 hours and 15 minutes. ‘‘(9) Upon the request of the Commission, (2) ISSUES.—The study conducted under the Administrator of General Services shall Transportation and the House of Representa- tives Committee on Transportation and In- paragraph (1) shall include— provide to the Commission, on a reimburs- (A) an estimated time frame for achieving able basis, the administrative support serv- frastructure. ‘‘(e) NORTHEAST CORRIDOR SAFETY AND SE- the trip time described in paragraph (1); ices necessary for the Commission to carry CURITY COMMITTEE.— (B) an analysis of any significant obstacles out its responsibilities under this section. ‘‘(1) IN GENERAL.—The Secretary shall es- that would hinder such an achievement; and ‘‘(10) The commission shall consult with tablish a Northeast Corridor Safety and Se- (C) a detailed description and cost esti- other entities as appropriate. curity Committee composed of members ap- mate of the specific infrastructure and ‘‘(b) GENERAL RECOMMENDATIONS.—The pointed by the Secretary. The members shall equipment improvements necessary for such Commission shall develop recommendations be representatives of— an achievement. concerning Northeast Corridor rail infra- ‘‘(A) the Secretary; (3) SECONDARY STUDY.—Amtrak shall pro- structure and operations including proposals ‘‘(B) Amtrak; vide an initial assessment of the infrastruc- addressing, as appropriate— ‘‘(C) freight carriers operating more than ture and equipment improvements, including ‘‘(1) short-term and long term capital in- 150,000 train miles a year on the main line of an order of magnitude cost estimate of such vestment needs beyond the state-of-good-re- the Northeast Corridor; improvements, that would be necessary to pair under section 213; ‘‘(D) commuter agencies; provide regular Acela service— ‘‘(2) future funding requirements for cap- ‘‘(E) rail passengers; (A) between Washington, D.C. and New ital improvements and maintenance; ‘‘(F) rail labor; York City in 2 hours and 15 minutes; and ‘‘(3) operational improvements of intercity ‘‘(G) the Transportation Security Adminis- (B) between New York City and Boston in passenger rail, commuter rail, and freight tration; and 3 hours. rail services; ‘‘(H) other individuals and organizations (4) REPORT.—Not later than February 1, ‘‘(4) opportunities for additional non-rail the Secretary decides have a significant in- 2008, Amtrak shall submit a written report uses of the Northeast Corridor; terest in rail safety or security. containing the results of the studies required ‘‘(5) scheduling and dispatching; ‘‘(2) FUNCTION; MEETINGS.—The Secretary under this subsection to— ‘‘(6) safety and security enhancements; shall consult with the Committee about safe- (A) the Committee on Commerce, Science, ‘‘(7) equipment design; ty and security improvements on the North- and Transportation of the Senate; ‘‘(8) marketing of rail services; and east Corridor main line. The Committee (B) the Committee on Appropriations of ‘‘(9) future capacity requirements. shall meet at least once every 2 years to con- the Senate; ‘‘(c) ACCESS COSTS.— sider safety matters on the main line. (C) the Committee on Transportation and ‘‘(1) DEVELOPMENT OF FORMULA.—Within 1 ‘‘(3) REPORT.—At the beginning of the first Infrastructure of the House of Representa- year after verification of Amtrak’s new fi- session of each Congress, the Secretary shall tives; nancial accounting system pursuant to sec- submit a report to the Commission and to (D) the Committee on Appropriations of tion 203(b) of the Passenger Rail Investment Congress on the status of efforts to improve the House of Representatives; and and Improvement Act of 2007, the Commis- safety and security on the Northeast Cor- (E) the Federal Railroad Administration. sion shall— ridor main line. The report shall include the SEC. 215. RESTRUCTURING LONG-TERM DEBT ‘‘(A) develop a standardized formula for de- safety recommendations of the Committee AND CAPITAL LEASES. termining and allocating costs, revenues, and the comments of the Secretary on those (a) IN GENERAL.—The Secretary of the and compensation for Northeast Corridor recommendations.’’. Treasury, in consultation with the Secretary commuter rail passenger transportation, as (b) CONFORMING AMENDMENTS.—Section defined in section 24102 of this title, that use 24904(c)(2) is amended by— of Transportation and Amtrak, may make National Railroad Passenger Corporation fa- (1) inserting ‘‘commuter rail passenger agreements to restructure Amtrak’s indebt- cilities or services or that provide such fa- and’’ after ‘‘between’’; and edness as of the date of enactment of this cilities or services to the National Railroad (2) striking ‘‘freight’’ in the second sen- Act. This authorization expires on October 1, Passenger Corporation that ensure that— tence. 2008. ‘‘(i) there is no cross-subsidization of com- (c) RIDOT ACCESS AGREEMENT.— (b) DEBT RESTRUCTURING.—The Secretary muter rail passenger, intercity rail pas- (1) IN GENERAL.—Not later than December of Treasury, in consultation with the Sec- senger, or freight rail transportation; and 15, 2007, Amtrak and the Rhode Island De- retary of the Transportation and Amtrak,

VerDate Aug 31 2005 02:24 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\A30OC6.012 S30OCPT1 cnoel on PRODPC60 with SENATE_CN S13558 CONGRESSIONAL RECORD — SENATE October 30, 2007 shall enter into negotiations with the hold- essary to make all existing stations it serves retary of Transportation and other Federal ers of Amtrak debt, including leases, out- readily accessible to and usable by individ- agencies, as appropriate, are authorized to standing on the date of enactment of this uals with disabilities, as required by section establish facilities and procedures to con- Act for the purpose of restructuring (includ- 242(e)(2) of the Americans with Disabilities duct preclearance of passengers traveling on ing repayment) and repaying that debt. The Act of 1990 (42 U.S.C. 12162(e)(2)). The evalua- Amtrak trains from Canada to the United Secretary of the Treasury may secure agree- tion shall include the estimated cost of the States. The Secretary shall seek to establish ments for restructuring or repayment on improvements necessary, the identification such facilities and procedures— such terms as the Secretary of the Treasury of the responsible person (as defined in sec- (1) in Vancouver, Canada, no later than deems favorable to the interests of the Gov- tion 241(5) of that Act (42 U.S.C. 12161(5))), June 1, 2008; and ernment. and the earliest practicable date when such (2) in other areas as determined appro- (c) CRITERIA.—In restructuring Amtrak’s improvements can be made. Amtrak shall priate by the Secretary. indebtedness, the Secretary and Amtrak— submit the evaluation to the Senate Com- SEC. 220. PRIVATE SECTOR FUNDING OF PAS- (1) shall take into consideration repayment mittee on Commerce, Science, and Transpor- SENGER TRAINS. costs, the term of any loan or loans, and tation, the House of Representatives Com- Amtrak is encouraged to increase the oper- market conditions; and mittee on Transportation and Infrastruc- ation of trains funded by, or in partnership (2) shall ensure that the restructuring re- ture, and the National Council on Disability with, private sector operators through com- sults in significant savings to Amtrak and by September 30, 2008, along with rec- petitive contracting to minimize the need the United States Government. ommendations for funding the necessary im- for Federal subsidies. Amtrak shall utilize (d) PAYMENT OF RENEGOTIATED DEBT.—If provements. the provisions of section 24308 of title 49, the criteria under subsection (c) are met, the United States Code, when necessary to ob- Secretary of Treasury may assume or repay SEC. 217. INCENTIVE PAY. the restructured debt, as appropriate. The Amtrak Board of Directors is encour- tain access to facilities, train and engine (e) AMTRAK PRINCIPAL AND INTEREST PAY- aged to develop an incentive pay program for crews, or services of a rail carrier or regional MENTS.— Amtrak management employees. transportation authority that are required (1) PRINCIPAL ON DEBT SERVICE.—Unless the SEC. 218. ACCESS TO AMTRAK EQUIPMENT AND to operate such trains. Secretary of Treasury makes sufficient pay- SERVICES. SEC. 221. ON-BOARD SERVICE IMPROVEMENTS. ments to creditors under subsection (d) so If a State desires to select or selects an en- (a) IN GENERAL.—Within 1 year after that Amtrak is required to make no pay- tity other than Amtrak to provide services metrics and standards are established under ments to creditors in a fiscal year, the Sec- required for the operation of an intercity section 208 of this Act, Amtrak shall develop retary of Transportation shall use funds au- passenger train route described in section and implement a plan to improve on-board thorized by section 103(a)(1) for the use of 24102(5)(D) or 24702 of title 49, United States service pursuant to the metrics and stand- Amtrak for retirement of principal on loans Code, the State may make an agreement ards for such service developed under that for capital equipment, or capital leases. with Amtrak to use facilities and equipment section. (2) INTEREST ON DEBT.—Unless the Sec- of, or have services provided by, Amtrak (b) REPORT.—Amtrak shall provide a report retary of Treasury makes sufficient pay- under terms agreed to by the State and Am- to the Senate Committee on Commerce, ments to creditors under subsection (d) so trak to enable the State to utilize an entity Science, and Transportation and the House that Amtrak is required to make no pay- other than Amtrak to provide services re- of Representatives Committee on Transpor- ments to creditors in a fiscal year, the Sec- quired for operation of the route. If the par- tation and Infrastructure on the on-board retary of Transportation shall use funds au- ties cannot agree upon terms, and the Sur- service improvements proscribed in the plan thorized by section 103(a)(2) for the use of face Transportation Board finds that access and the timeline for implementing such im- Amtrak for the payment of interest on loans to Amtrak’s facilities or equipment, or the provements. for capital equipment, or capital leases. provision of services by Amtrak, is necessary SEC. 222. AMTRAK MANAGEMENT ACCOUNT- (3) REDUCTIONS IN AUTHORIZATION LEVELS.— to carry out this provision and that the oper- ABILITY. Whenever action taken by the Secretary of ation of Amtrak’s other services will not be (a) IN GENERAL.—Chapter 243 is amended the Treasury under subsection (a) results in impaired thereby, the Surface Transpor- by inserting after section 24309 the following: reductions in amounts of principal or inter- tation Board shall, within 120 days after sub- ‘‘§ 24310. Management accountability est that Amtrak must service on existing mission of the dispute, issue an order that ‘‘(a) IN GENERAL.—Three years after the debt, the corresponding amounts authorized the facilities and equipment be made avail- date of enactment of the Passenger Rail In- by section 103(a)(1) or (2) shall be reduced ac- able, and that services be provided, by Am- vestment and Improvement Act of 2007, and cordingly. trak, and shall determine reasonable com- two years thereafter, the Inspector General (f) LEGAL EFFECT OF PAYMENTS UNDER THIS pensation, liability and other terms for use of the Department of Transportation shall SECTION.—The payment of principal and in- of the facilities and equipment and provision complete an overall assessment of the terest on secured debt, other than debt as- of the services. Compensation shall be deter- progress made by Amtrak management and sumed under subsection (d), with the pro- mined in accord with the methodology estab- the Department of Transportation in imple- ceeds of grants under subsection (e) shall lished pursuant to section 206 of this Act. menting the provisions of that Act. not— SEC. 219. GENERAL AMTRAK PROVISIONS. ‘‘(b) ASSESSMENT.—The management as- (1) modify the extent or nature of any in- (a) REPEAL OF SELF-SUFFICIENCY REQUIRE- sessment undertaken by the Inspector Gen- debtedness of the National Railroad Pas- MENTS. eral may include a review of— senger Corporation to the United States in (1) PLAN REQUIRED.—Section 24101(d) is ‘‘(1) effectiveness improving annual finan- existence of the date of enactment of this amended— cial planning; Act; (A) by striking ‘‘plan to operate within the ‘‘(2) effectiveness in implementing im- (2) change the private nature of Amtrak’s funding levels authorized by section 24104 of proved financial accounting; or its successors’ liabilities; or this chapter, including the budgetary goals ‘‘(3) efforts to implement minimum train (3) imply any Federal guarantee or com- for fiscal years 1998 through 2002.’’ and in- performance standards; mitment to amortize Amtrak’s outstanding serting ‘‘plan, consistent with section 204 of ‘‘(4) progress maximizing revenues and indebtedness. the Passenger Rail Investment and Improve- minimizing Federal subsidies; and (g) SECRETARY APPROVAL.—Amtrak may ment Act of 2007, including the budgetary ‘‘(5) any other aspect of Amtrak operations not incur more debt after the date of enact- goals for fiscal years 2007 through 2012.’’; and the Inspector General finds appropriate to ment of this Act without the express ad- (B) by striking the last sentence and in- review.’’. vance approval of the Secretary of Transpor- serting ‘‘Amtrak and its Board of Directors (b) CONFORMING AMENDMENT.—The chapter tation. analysis for chapter 243 is amended by in- (h) REPORT.—The Secretary of the Treas- shall adopt a long term plan that minimizes serting after the item relating to section ury shall transmit a report to the Senate the need for Federal operating subsidies.’’. 24309 the following: Committee on Commerce, Science, and (2) AMTRAK REFORM AND ACCOUNTABILITY Transportation, the Senate Committee on ACT AMENDMENTS.—Title II of the Amtrak ‘‘24310. Management accountability.’’. Appropriations, the House of Representa- Reform and Accountability Act of 1997 (49 SEC. 223. LOCOMOTIVE BIODIESEL FUEL USE tives Committee on Transportation and In- U.S.C. 24101 nt) is amended by striking sec- STUDY. frastructure, and the House of Representa- tions 204 and 205. (a) IN GENERAL.—The Federal Railroad Ad- tives Committee on Appropriations by No- (b) LEASE ARRANGEMENTS.—Amtrak may ministration, in consultation with the Sec- vember 1, 2008— obtain services from the Administrator of retary of Energy and the Administrator of (1) describing in detail any agreements to General Services, and the Administrator the Environmental Protection Agency, shall restructure the Amtrak debt; and may provide services to Amtrak, under sec- conduct a study to determine the extent to (2) providing an estimate of the savings to tion 201(b) and 211(b) of the Federal Property which Amtrak could use biodiesel fuel blends Amtrak and the United States Government. and Administrative Service Act of 1949 (40 to power its fleet of locomotives and any of SEC. 216. STUDY OF COMPLIANCE REQUIRE- U.S.C. 481(b) and 491(b)) for each of fiscal its other motor vehicles that can operate on MENTS AT EXISTING INTERCITY years 2007 through 2012. diesel fuel. RAIL STATIONS. (c) TRAVEL FACILITATION.—Using existing (b) FACTORS.—In conducting the study, the Amtrak, in consultation with station own- authority or agreements, or upon reaching Federal Railroad Administration shall con- ers, shall evaluate the improvements nec- additional agreements with Canada, the Sec- sider—

VerDate Aug 31 2005 02:24 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\A30OC6.012 S30OCPT1 cnoel on PRODPC60 with SENATE_CN October 30, 2007 CONGRESSIONAL RECORD — SENATE S13559 (1) environmental and energy security ef- (1) long-distance passenger rail is a vital mary purpose of passenger transportation fects of biodiesel fuel use; and necessary part of our national transpor- between towns, cities and metropolitan areas (2) the cost of purchasing biodiesel fuel tation system and economy; and by rail, including high-speed rail, as defined blends for such purposes; (2) Amtrak should maintain a national pas- in section 24102 of title 49, United States (3) whether sufficient biodiesel fuel is read- senger rail system, including long-distance Code. ily available; and routes, that connects the continental United ‘‘§ 24402. Capital investment grants to sup- (4) the effect of biodiesel fuel use on rel- States from coast to coast and from border port intercity passenger rail service evant performance or warranty specifica- to border. ‘‘(a) GENERAL AUTHORITY.— tions. SEC. 225. PASSENGER RAIL STUDY. ‘‘(1) The Secretary of Transportation may (c) REPORT.—Not later than April 1, 2008, (a) IN GENERAL.—The Comptroller General make grants under this section to an appli- the Federal Railroad Administration shall of the General Accountability Office shall cant to assist in financing the capital costs report the results of its study to the Con- conduct a study to determine the potential of facilities, infrastructure, and equipment gress together with such findings, conclu- cost and benefits of expanding passenger rail necessary to provide or improve intercity sions, and recommendations as it deems ap- service options in underserved communities. passenger rail transportation. propriate. (b) SUBMISSION.—Not later than 1 year ‘‘(2) The Secretary shall require that a after the date of the enactment of this Act, grant under this section be subject to the SEC. 224. SENSE OF THE SENATE REGARDING the Comptroller General shall submit a re- terms, conditions, requirements, and provi- THE NEED TO MAINTAIN AMTRAK AS port containing the results of the study con- sions the Secretary decides are necessary or A NATIONAL PASSENGER RAIL SYS- TEM. ducted under this section to— appropriate for the purposes of this section, (1) the Committee on Commerce, Science, including requirements for the disposition of (a) FINDINGS.—The Senate makes the fol- and Transportation of the Senate; and net increases in value of real property result- lowing findings: (2) the Committee on Transportation and ing from the project assisted under this sec- (1) In fiscal year 2007, 3,800,000 passengers Infrastructure of the House of Representa- tion and shall prescribe procedures and traveled on Amtrak’s long distance trains, tives. schedules for the awarding of grants under an increase of 2.4 percent over fiscal year TITLE III—INTERCITY PASSENGER RAIL this title, including application and quali- 2006. POLICY fication procedures and a record of decision (2) Amtrak long-distance routes generated on applicant eligibility. The Secretary shall $376,000,000 in revenue in fiscal year 2007, an SEC. 301. CAPITAL ASSISTANCE FOR INTERCITY issue a final rule establishing such proce- PASSENGER RAIL SERVICE; STATE increase of 5 percent over fiscal year 2006. RAIL PLANS. dures not later than 90 days after the date of (3) Amtrak operates 15 long-distance trains enactment of the Passenger Rail Investment (a) IN GENERAL.—Part C of subtitle V is over 18,500 route miles that serve 39 States amended by inserting the following after and Improvement Act of 2007. ‘‘(b) PROJECT AS PART OF STATE RAIL and the District of Columbia. These trains chapter 243: provide the only rail passenger service to 23 PLAN.— States. ‘‘CHAPTER 244. INTERCITY PASSENGER ‘‘(1) The Secretary may not approve a (4) Amtrak’s long-distance trains provide RAIL SERVICE CORRIDOR CAPITAL AS- grant for a project under this section unless an essential transportation service for many SISTANCE the Secretary finds that the project is part communities and to a significant percentage ‘‘Sec. of a State rail plan developed under chapter of the general public. ‘‘24401. Definitions. 225 of this title, or under the plan required (5) Many long-distance trains serve small ‘‘24402. Capital investment grants to support by section 203 of the Passenger Rail Invest- communities with limited or no significant intercity passenger rail service. ment and Improvement Act of 2007, and that air or bus service, especially in remote or ‘‘24403. Project management oversight. the applicant or recipient has or will have isolated areas in the United States. ‘‘24404. Use of capital grants to finance first- the legal, financial, and technical capacity (6) As a result of airline deregulation and dollar liability of grant project. to carry out the project, satisfactory con- decisions by national bus carriers to leave ‘‘24405. Grant conditions. tinuing control over the use of the equip- many communities, rail transportation may ‘‘§ 24401. Definitions ment or facilities, and the capability and provide the only feasible common carrier willingness to maintain the equipment or fa- ‘‘In this subchapter: cilities. transportation option for a growing number ‘‘(1) APPLICANT.—The term ‘applicant’ of areas. ‘‘(2) An applicant shall provide sufficient means a State (including the District of Co- information upon which the Secretary can (7) If long-distance trains were eliminated, lumbia), a group of States, an Interstate 23 States and 243 communities would be left make the findings required by this sub- Compact, or a public agency established by section. with no intercity passenger rail service and one or more States and having responsibility 16 other States would lose some rail service. ‘‘(3) If an applicant has not selected the for providing intercity passenger rail serv- proposed operator of its service competi- These trains provide a strong economic ben- ice. efit for the States and communities that tively, the applicant shall provide written ‘‘(2) CAPITAL PROJECT.—The term ‘capital justification to the Secretary showing why they serve. project’ means a project or program in a (8) Long-distance trains also provide trans- the proposed operator is the best, taking State rail plan developed under chapter 225 into account price and other factors, and portation during periods of severe weather or of this title for— emergencies that stall other modes of trans- that use of the proposed operator will not ‘‘(A) acquiring, constructing, improving, or unnecessarily increase the cost of the portation. inspecting equipment, track and track struc- (9) Amtrak provided the only reliable long- project. tures, or a facility for use in or for the pri- ‘‘(c) PROJECT SELECTION CRITERIA.—The distance transportation following the Sep- mary benefit of intercity passenger rail serv- Secretary, in selecting the recipients of fi- tember 11, 2001 terrorist attacks that ground- ice, expenses incidental to the acquisition or nancial assistance to be provided under sub- ed air travel. construction (including designing, engineer- section (a), shall— (10) The majority of passengers on long-dis- ing, location surveying, mapping, environ- ‘‘(1) require that each proposed project tance trains do not travel between the mental studies, and acquiring rights-of-way), meet all safety and security requirements endpoints, but rather between any combina- payments for the capital portions of rail that are applicable to the project under law; tion of cities along the route. trackage rights agreements, highway-rail ‘‘(2) give preference to projects with high (11) Passenger trains provide transpor- grade crossing improvements related to levels of estimated ridership, increased on- tation options, mobility for underserved pop- intercity passenger rail service, security, time performance, reduced trip time, addi- ulations, congestion mitigation, and jobs in mitigating environmental impacts, commu- tional service frequency to meet anticipated the areas they serve. nication and signalization improvements, re- or existing demand, or other significant serv- (12) Passenger rail has a positive impact on location assistance, acquiring replacement ice enhancements as measured against min- the environment compared to other modes of housing sites, and acquiring, constructing, imum standards developed under section 208 transportation by conserving energy, reduc- relocating, and rehabilitating replacement of the Passenger Rail Investment and Im- ing greenhouse gas emissions, and cutting housing; provement Act of 2007; down on other airborne particulate and toxic ‘‘(B) rehabilitating, remanufacturing or ‘‘(3) encourage intermodal connectivity emissions. overhauling rail rolling stock and facilities through projects that provide direct connec- (13) Amtrak communities that are served used primarily in intercity passenger rail tions between train stations, airports, bus use passenger rail and passenger rail stations service; terminals, subway stations, ferry ports, and as a significant source of economic develop- ‘‘(C) costs associated with developing State other modes of transportation; ment. rail plans; and ‘‘(4) ensure that each project is compatible (14) This Act makes meaningful and impor- ‘‘(D) the first-dollar liability costs for in- with, and is operated in conformance with— tant reforms to increase the efficiency, prof- surance related to the provision of intercity ‘‘(A) plans developed pursuant to the re- itability and on-time performance of Am- passenger rail service under section 24404. quirements of section 135 of title 23, United trak’s long-distance routes. ‘‘(3) INTERCITY PASSENGER RAIL SERVICE.— States Code; and (b) SENSE OF THE SENATE.—It is the sense The term ‘intercity passenger rail service’ ‘‘(B) the national rail plan (if it is avail- of the Senate that— means transportation services with the pri- able); and

VerDate Aug 31 2005 02:24 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\A30OC6.012 S30OCPT1 cnoel on PRODPC60 with SENATE_CN S13560 CONGRESSIONAL RECORD — SENATE October 30, 2007 ‘‘(5) favor the following kinds of projects: ‘‘(B) An agreement under this paragraph ‘‘(1)(A) Based on engineering studies, stud- ‘‘(A) Projects that are expected to have a obligates an amount of available budget au- ies of economic feasibility, and information significant favorable impact on air or high- thority specified in law and may include a on the expected use of equipment or facili- way traffic congestion, capacity, or safety. commitment, contingent on amounts to be ties, the Secretary shall estimate the net ‘‘(B) Projects that also improve freight or specified in law in advance for commitments project cost. commuter rail operations. under this paragraph, to obligate an addi- ‘‘(B) A grant for the project shall not ex- ‘‘(C) Projects that have significant envi- tional amount from future available budget ceed 80 percent of the project net capital ronmental benefits, including projects that authority specified in law. The agreement cost. involve the purchase of environmentally sen- shall state that the contingent commitment ‘‘(C) The Secretary shall give priority in sitive, fuel-efficient, and cost-effective pas- is not an obligation of the Government and allocating future obligations and contingent senger rail equipment. is subject to the availability of appropria- commitments to incur obligations to grant ‘‘(D) Projects that are— tions made by Federal law and to Federal requests seeking a lower Federal share of the ‘‘(i) at a stage of preparation that all pre- laws in force on or enacted after the date of project net capital cost. commencement compliance with environ- the contingent commitment. Interest and ‘‘(2) Up to an additional 20 percent of the mental protection requirements has already other financing costs of efficiently carrying required non-Federal funds may be funded been completed; and out a part of the project within a reasonable from amounts appropriated to or made avail- ‘‘(ii) ready to be commenced. time are a cost of carrying out the project able to a department or agency of the Fed- ‘‘(E) Projects with positive economic and under a full funding grant agreement, except eral Government that are eligible to be ex- employment impacts. that eligible costs may not be more than the pended for transportation. ‘‘(F) Projects that encourage the use of cost of the most favorable financing terms ‘‘(3) 50 percent of the average amounts ex- positive train control technologies. reasonably available for the project at the pended by a State or group of States (includ- ‘‘(G) Projects that have commitments of time of borrowing. The applicant shall cer- ing the District of Columbia) for capital funding from non-Federal Government tify, in a way satisfactory to the Secretary, projects to benefit intercity passenger rail sources in a total amount that exceeds the that the applicant has shown reasonable dili- service and operating costs of up to $5,000,000 minimum amount of the non-Federal con- gence in seeking the most favorable financ- per fiscal year of such service in fiscal years tribution required for the project. ing terms. 2003, 2004, 2005, and 2006 shall be credited to- ‘‘(H) Projects that involve donated prop- ‘‘(3)(A) The Secretary may make an early wards the matching requirements for grants erty interests or services. systems work agreement with an applicant if awarded in fiscal years 2007, 2008, and 2009 ‘‘(I) Projects that are identified by the Sur- a record of decision under the National Envi- under this section. The Secretary may re- face Transportation Board as necessary to ronmental Policy Act of 1969 (42 U.S.C. 4321 quire such information as necessary to verify improve the on time performance and reli- et seq.) has been issued on the project and such expenditures. ability of intercity passenger rail under sec- the Secretary finds there is reason to be- ‘‘(4) 50 percent of the average amounts ex- tion 24308(f). lieve— pended by a State or group of States (includ- ‘‘(J) Projects described in section ‘‘(i) a full funding grant agreement for the ing the District of Columbia) in a fiscal year, 5302(a)(1)(G) of this title that are designed to project will be made; and beginning in fiscal year 2007, for capital support intercity passenger rail service. ‘‘(ii) the terms of the work agreement will projects to benefit intercity passenger rail ‘‘(d) AMTRAK ELIGIBILITY.—To receive a promote ultimate completion of the project service or for the operating costs of such grant under this section, the National Rail- more rapidly and at less cost. service above the average capital and oper- road Passenger Corporation may enter into a ‘‘(B) A work agreement under this para- ating expenditures made for such service in cooperative agreement with 1 or more States graph obligates an amount of available budg- fiscal years 2004, 2005, and 2006 shall be cred- to carry out 1 or more projects on a State et authority specified in law and shall pro- ited towards the matching requirements for rail plan’s ranked list of rail capital projects developed under section 22504(a)(5) of this vide for reimbursement of preliminary costs grants awarded under this section. The Sec- title. of carrying out the project, including land retary may require such information as nec- ‘‘(e) LETTERS OF INTENT, FULL FUNDING acquisition, timely procurement of system essary to verify such expenditures. elements for which specifications are de- GRANT AGREEMENTS, AND EARLY SYSTEMS ‘‘(g) UNDERTAKING PROJECTS IN ADVANCE.— WORK AGREEMENTS.— cided, and other activities the Secretary de- ‘‘(1) The Secretary may pay the Federal ‘‘(1)(A) The Secretary may issue a letter of cides are appropriate to make efficient, long- share of the net capital project cost to an ap- intent to an applicant announcing an inten- term project management easier. A work plicant that carries out any part of a project tion to obligate, for a major capital project agreement shall cover the period of time the described in this section according to all ap- under this section, an amount from future Secretary considers appropriate. The period plicable procedures and requirements if— available budget authority specified in law may extend beyond the period of current au- ‘‘(A) the applicant applies for the payment; that is not more than the amount stipulated thorization. Interest and other financing ‘‘(B) the Secretary approves the payment; as the financial participation of the Sec- costs of efficiently carrying out the work and retary in the project. agreement within a reasonable time are a ‘‘(C) before carrying out the part of the ‘‘(B) At least 30 days before issuing a letter cost of carrying out the agreement, except project, the Secretary approves the plans under subparagraph (A) of this paragraph or that eligible costs may not be more than the and specifications for the part in the same entering into a full funding grant agreement, cost of the most favorable financing terms way as other projects under this section. the Secretary shall notify in writing the reasonably available for the project at the ‘‘(2) The cost of carrying out part of a Committee on Transportation and Infra- time of borrowing. The applicant shall cer- project includes the amount of interest structure of the House of Representatives tify, in a way satisfactory to the Secretary, earned and payable on bonds issued by the and the Committee on Commerce, Science, that the applicant has shown reasonable dili- applicant to the extent proceeds of the bonds and Transportation of the Senate and the gence in seeking the most favorable financ- are expended in carrying out the part. How- House and Senate Committees on Appropria- ing terms. If an applicant does not carry out ever, the amount of interest under this para- tions of the proposed letter or agreement. the project for reasons within the control of graph may not be more than the most favor- The Secretary shall include with the notifi- the applicant, the applicant shall repay all able interest terms reasonably available for cation a copy of the proposed letter or agree- Government payments made under the work the project at the time of borrowing. The ap- ment as well as the evaluations and ratings agreement plus reasonable interest and pen- plicant shall certify, in a manner satisfac- for the project. alty charges the Secretary establishes in the tory to the Secretary, that the applicant has ‘‘(C) An obligation or administrative com- agreement. shown reasonable diligence in seeking the mitment may be made only when amounts ‘‘(4) The total estimated amount of future most favorable financial terms. are appropriated. obligations of the Government and contin- ‘‘(3) The Secretary shall consider changes ‘‘(2)(A) The Secretary may make a full gent commitments to incur obligations cov- in capital project cost indices when deter- funding grant agreement with an applicant. ered by all outstanding letters of intent, full mining the estimated cost under paragraph The agreement shall— funding grant agreements, and early systems (2) of this subsection. ‘‘(i) establish the terms of participation by work agreements may be not more than the ‘‘(h) 2-YEAR AVAILABILITY.—Funds appro- the United States Government in a project amount authorized under section 101(c) of priated under this section shall remain under this section; Passenger Rail Investment and Improvement ‘‘(ii) establish the maximum amount of Act of 2007, less an amount the Secretary available until expended. If any amount pro- Government financial assistance for the reasonably estimates is necessary for grants vided as a grant under this section is not ob- project; under this section not covered by a letter. ligated or expended for the purposes de- ‘‘(iii) cover the period of time for com- The total amount covered by new letters and scribed in subsection (a) within 2 years after pleting the project, including a period ex- contingent commitments included in full the date on which the State received the tending beyond the period of an authoriza- funding grant agreements and early systems grant, such sums shall be returned to the tion; and work agreements may be not more than a Secretary for other intercity passenger rail ‘‘(iv) make timely and efficient manage- limitation specified in law. development projects under this section at the discretion of the Secretary. ment of the project easier according to the ‘‘(f) FEDERAL SHARE OF NET PROJECT law of the United States. COST.— ‘‘(i) PUBLIC-PRIVATE PARTNERSHIPS.—

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‘‘(1) IN GENERAL.—A metropolitan planning for construction, system installation, and in- ‘‘(b) OPERATORS DEEMED RAIL CARRIERS organization, State transportation depart- tegration of system components; AND EMPLOYERS FOR CERTAIN PURPOSES.—A ment, or other project sponsor may enter ‘‘(8) material testing policies and proce- person that conducts rail operations over into an agreement with any public, private, dures; rail infrastructure constructed or improved or nonprofit entity to cooperatively imple- ‘‘(9) internal plan implementation and re- with funding provided in whole or in part in ment any project funded with a grant under porting requirements; a grant made under this title shall be consid- this title. ‘‘(10) criteria and procedures to be used for ered a rail carrier as defined in section ‘‘(2) FORMS OF PARTICIPATION.—Participa- testing the operational system or its major 10102(5) of this title for purposes of this title tion by an entity under paragraph (1) may components; and any other statute that adopts the that consist of— ‘‘(11) periodic updates of the plan, espe- definition or in which that definition ap- ‘‘(A) ownership or operation of any land, cially related to project budget and project plies, including— facility, locomotive, rail car, vehicle, or schedule, financing, and ridership estimates; ‘‘(1) the Railroad Retirement Act of 1974 (45 other physical asset associated with the and U.S.C. 231 et seq.); project; ‘‘(12) the recipient’s commitment to sub- ‘‘(2) the Railway Labor Act (43 U.S.C. 151 et ‘‘(B) cost-sharing of any project expense; mit a project budget and project schedule to seq.); and ‘‘(C) carrying out administration, con- the Secretary each month. ‘‘(3) the Railroad Unemployment Insurance struction management, project management, ‘‘(b) SECRETARIAL OVERSIGHT.— Act (45 U.S.C. 351 et seq.). project operation, or any other management ‘‘(1) The Secretary may use no more than ‘‘(c) GRANT CONDITIONS.—The Secretary shall require as a condition of making any or operational duty associated with the 0.5 percent of amounts made available in a grant under this title for a project that uses project; and fiscal year for capital projects under this rights-of-way owned by a railroad that— ‘‘(D) any other form of participation ap- subchapter to enter into contracts to oversee ‘‘(1) a written agreement exist between the proved by the Secretary. the construction of such projects. applicant and the railroad regarding such ‘‘(3) SUB-ALLOCATION.—A State may allo- ‘‘(2) The Secretary may use amounts avail- use and ownership, including— cate funds under this section to any entity able under paragraph (1) of this subsection to ‘‘(A) any compensation for such use; described in paragraph (1). make contracts for safety, procurement, ‘‘(B) assurances regarding the adequacy of ‘‘(j) SPECIAL TRANSPORTATION CIR- management, and financial compliance re- infrastructure capacity to accommodate CUMSTANCES.—In carrying out this section, views and audits of a recipient of amounts both existing and future freight and pas- the Secretary shall allocate an appropriate under paragraph (1). senger operations; portion of the amounts available under this ‘‘(3) The Federal Government shall pay the ‘‘(C) an assurance by the railroad that col- section to provide grants to States— entire cost of carrying out a contract under lective bargaining agreements with the rail- ‘‘(1) in which there is no intercity pas- this subsection. ‘‘(c) ACCESS TO SITES AND RECORDS.—Each road’s employees (including terms regulating senger rail service for the purpose of funding recipient of assistance under this subchapter the contracting of work) will remain in full freight rail capital projects that are on a shall provide the Secretary and a contractor force and effect according to their terms for State rail plan developed under chapter 225 the Secretary chooses under subsection (c) of work performed by the railroad on the rail- of this title that provide public benefits (as this section with access to the construction road transportation corridor; and defined in chapter 225) as determined by the sites and records of the recipient when rea- ‘‘(D) an assurance that an applicant com- Secretary; or sonably necessary. plies with liability requirements consistent ‘‘(2) in which the rail transportation sys- ‘‘§ 24404. Use of capital grants to finance first- with section 28103 of this title; and tem is not physically connected to rail sys- dollar liability of grant project ‘‘(2) the applicant agrees to comply with— tems in the continental United States or ‘‘(A) the standards of section 24312 of this may not otherwise qualify for a grant under ‘‘Notwithstanding the requirements of sec- title, as such section was in effect on Sep- this section due to the unique characteris- tion 24402 of this subchapter, the Secretary tember 1, 2003, with respect to the project in tics of the geography of that State or other of Transportation may approve the use of capital assistance under this subchapter to the same manner that the National Railroad relevant considerations, for the purpose of fund self-insured retention of risk for the Passenger Corporation is required to comply funding transportation-related capital first tier of liability insurance coverage for with those standards for construction work projects. rail passenger service associated with the financed under an agreement made under ‘‘(k) SMALL CAPITAL PROJECTS.—The Sec- capital assistance grant, but the coverage section 24308(a) of this title; and retary shall make available $10,000,000 annu- may not exceed $20,000,000 per occurrence or ‘‘(B) the protective arrangements estab- ally from the amounts authorized under sec- $20,000,000 in aggregate per year. lished under section 504 of the Railroad Revi- tion 101(c) of the Passenger Rail Investment talization and Regulatory Reform Act of 1976 and Improvement Act of 2007 beginning in ‘‘§ 24405. Grant conditions (45 U.S.C. 836) with respect to employees af- fiscal year 2008 for grants for capital projects ‘‘(a) DOMESTIC BUYING PREFERENCE.— fected by actions taken in connection with eligible under this section not exceeding ‘‘(1) REQUIREMENT.— the project to be financed in whole or in part $2,000,000, including costs eligible under sec- ‘‘(A) IN GENERAL.—In carrying out a by grants under this subchapter. tion 206(c) of that Act. The Secretary may project funded in whole or in part with a ‘‘(d) REPLACEMENT OF EXISTING INTERCITY wave requirements of this section, including grant under this title, the grant recipient PASSENGER RAIL SERVICE.— state rail plan requirements, as appropriate. shall purchase only— ‘‘(i) unmanufactured articles, material, ‘‘(1) COLLECTIVE BARGAINING AGREEMENT ‘‘§ 24403. Project management oversight and supplies mined or produced in the United FOR INTERCITY PASSENGER RAIL PROJECTS.— ‘‘(a) PROJECT MANAGEMENT PLAN REQUIRE- States; or Any entity providing intercity passenger MENTS.—To receive Federal financial assist- ‘‘(ii) manufactured articles, material, and railroad transportation that begins oper- ance for a major capital project under this supplies manufactured in the United States ations after the date of enactment of this subchapter, an applicant must prepare and substantially from articles, material, and Act on a project funded in whole or in part carry out a project management plan ap- supplies mined, produced, or manufactured by grants made under this title and replaces proved by the Secretary of Transportation. in the United States. intercity rail passenger service that was pro- The plan shall provide for— ‘‘(B) DE MINIMIS AMOUNT.—Subparagraph (1) vided by Amtrak, unless such service was ‘‘(1) adequate recipient staff organization applies only to a purchase in an total provided solely by Amtrak to another entity, with well-defined reporting relationships, amount that is not less than $1,000,000. as of such date shall enter into an agreement statements of functional responsibilities, job ‘‘(2) EXEMPTIONS.—On application of a re- with the authorized bargaining agent or descriptions, and job qualifications; cipient, the Secretary may exempt a recipi- agents for adversely affected employees of ‘‘(2) a budget covering the project manage- ent from the requirements of this subsection the predecessor provider that— ment organization, appropriate consultants, if the Secretary decides that, for particular ‘‘(A) gives each such qualified employee of property acquisition, utility relocation, sys- articles, material, or supplies— the predecessor provider priority in hiring tems demonstration staff, audits, and mis- ‘‘(A) such requirements are inconsistent according to the employee’s seniority on the cellaneous payments the recipient may be with the public interest; predecessor provider for each position with prepared to justify; ‘‘(B) the cost of imposing the requirements the replacing entity that is in the employ- ‘‘(3) a construction schedule for the is unreasonable; or ee’s craft or class and is available within 3 project; ‘‘(C) the articles, material, or supplies, or years after the termination of the service ‘‘(4) a document control procedure and rec- the articles, material, or supplies from being replaced; ordkeeping system; which they are manufactured, are not mined, ‘‘(B) establishes a procedure for notifying ‘‘(5) a change order procedure that includes produced, or manufactured in the United such an employee of such positions; a documented, systematic approach to han- States in sufficient and reasonably available ‘‘(C) establishes a procedure for such an dling the construction change orders; commercial quantities and are not of a satis- employee to apply for such positions; and ‘‘(6) organizational structures, manage- factory quality. ‘‘(D) establishes rates of pay, rules, and ment skills, and staffing levels required ‘‘(3) UNITED STATES DEFINED.—In this sub- working conditions. throughout the construction phase; section, the term ‘the United States’ means ‘‘(2) IMMEDIATE REPLACEMENT SERVICE.— ‘‘(7) quality control and quality assurance the States, territories, and possessions of the ‘‘(A) NEGOTIATIONS.—If the replacement of functions, procedures, and responsibilities United States and the District of Columbia. preexisting intercity rail passenger service

VerDate Aug 31 2005 02:24 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A30OC6.012 S30OCPT1 cnoel on PRODPC60 with SENATE_CN S13562 CONGRESSIONAL RECORD — SENATE October 30, 2007 occurs concurrent with or within a reason- in section 5302(11) and (6), respectively, of ‘‘§ 22502. Authority able time before the commencement of the this title) eligible to receive financial assist- ‘‘(a) IN GENERAL.—Each State may prepare replacing entity’s rail passenger service, the ance under section 5307 of this title, or to its and maintain a State rail plan in accordance replacing entity shall give written notice of contractor performing services in connection with the provisions of this subchapter. its plan to replace existing rail passenger with commuter rail passenger operations (as ‘‘(b) REQUIREMENTS.—For the preparation service to the authorized collective bar- so defined); and periodic revision of a State rail plan, a gaining agent or agents for the potentially ‘‘(2) the Alaska Railroad or its contractors; State shall— adversely affected employees of the prede- or ‘‘(1) establish or designate a State rail cessor provider at least 90 days before the ‘‘(3) the National Railroad Passenger Cor- transportation authority to prepare, main- date on which it plans to commence service. poration’s access rights to railroad rights of tain, coordinate, and administer the plan; Within 5 days after the date of receipt of way and facilities under current law.’’. ‘‘(2) establish or designate a State rail plan such written notice, negotiations between (b) CONFORMING AMENDMENTS.— approval authority to approve the plan; the replacing entity and the collective bar- (1) The table of chapters for the title is ‘‘(3) submit the State’s approved plan to gaining agent or agents for the employees of amended by inserting the following after the the Secretary of Transportation for review; the predecessor provider shall commence for item relating to chapter 243: the purpose of reaching agreement with re- and spect to all matters set forth in subpara- ‘‘244. Intercity passenger rail ‘‘(4) revise and resubmit a State-approved graphs (A) through (D) of paragraph (1). The service capital assistance ...... 24401’’. plan no less frequently than once every 5 negotiations shall continue for 30 days or ‘‘(2) The chapter analysis for subtitle V is years for reapproval by the Secretary. amended by inserting the following after the until an agreement is reached, whichever is ‘‘§ 22503. Purposes sooner. If at the end of 30 days the parties item relating to chapter 243: ‘‘(a) PURPOSES.—The purposes of a State have not entered into an agreement with re- ‘‘244. Intercity passenger rail rail plan are as follows: spect to all such matters, the unresolved service capital assistance ...... 24401’’. ‘‘(1) To set forth State policy involving issues shall be submitted for arbitration in SEC. 302. STATE RAIL PLANS. accordance with the procedure set forth in freight and passenger rail transportation, in- (a) IN GENERAL.—Part B of subtitle V is subparagraph (B). cluding commuter rail operations, in the amended by adding at the end the following: ‘‘(B) ARBITRATION.—If an agreement has State. not been entered into with respect to all ‘‘CHAPTER 225. STATE RAIL PLANS AND ‘‘(2) To establish the period covered by the matters set forth in subparagraphs (A) HIGH PRIORITY PROJECTS State rail plan. through (D) of paragraph (1) as described in ‘‘(3) To present priorities and strategies to ‘‘Sec. enhance rail service in the State that bene- subparagraph (A) of this paragraph, the par- ‘‘22501. Definitions. ties shall select an arbitrator. If the parties fits the public. ‘‘22502. Authority. are unable to agree upon the selection of ‘‘(4) To serve as the basis for Federal and such arbitrator within 5 days, either or both ‘‘22503. Purposes. State rail investments within the State. parties shall notify the National Mediation ‘‘22504. Transparency; coordination; re- ‘‘(b) COORDINATION.—A State rail plan shall Board, which shall provide a list of seven ar- view. be coordinated with other State transpor- bitrators with experience in arbitrating rail ‘‘22505. Content. tation planning goals and programs and set labor protection disputes. Within 5 days ‘‘22506. Review. forth rail transportation’s role within the State transportation system. after such notification, the parties shall al- ‘‘§ 22501. Definitions ternately strike names from the list until ‘‘§ 22504. Transparency; coordination; review only 1 name remains, and that person shall ‘‘In this subchapter: serve as the neutral arbitrator. Within 45 ‘‘(1) PRIVATE BENEFIT.— ‘‘(a) PREPARATION.—A State shall provide days after selection of the arbitrator, the ar- ‘‘(A) IN GENERAL.—The term ‘private ben- adequate and reasonable notice and oppor- bitrator shall conduct a hearing on the dis- efit’— tunity for comment and other input to the pute and shall render a decision with respect ‘‘(i) means a benefit accrued to a person or public, rail carriers, commuter and transit to the unresolved issues among the matters private entity, other than the National Rail- authorities operating in, or affected by rail set forth in subparagraphs (A) through (D) of road Passenger Corporation, that directly operations within the State, units of local paragraph (1). This decision shall be final, improves the economic and competitive con- government, and other interested parties in binding, and conclusive upon the parties. dition of that person or entity through im- the preparation and review of its State rail The salary and expenses of the arbitrator proved assets, cost reductions, service im- plan. shall be borne equally by the parties; all provements, or any other means as defined ‘‘(b) INTERGOVERNMENTAL COORDINATION.— other expenses shall be paid by the party in- by the Secretary; and A State shall review the freight and pas- curring them. ‘‘(ii) shall be determined on a project-by- senger rail service activities and initiatives ‘‘(3) SERVICE COMMENCEMENT.—A replacing project basis, based upon an agreement be- by regional planning agencies, regional entity under this subsection shall commence tween the parties. transportation authorities, and municipali- service only after an agreement is entered ‘‘(B) CONSULTATION.—The Secretary may ties within the State, or in the region in into with respect to the matters set forth in seek the advice of the States and rail car- which the State is located, while preparing subparagraphs (A) through (D) of paragraph riers in further defining this term. the plan, and shall include any recommenda- (1) or the decision of the arbitrator has been ‘‘(2) PUBLIC BENEFIT.— tions made by such agencies, authorities, rendered. ‘‘(A) IN GENERAL.—The term ‘public ben- and municipalities as deemed appropriate by ‘‘(4) SUBSEQUENT REPLACEMENT OF SERV- efit’— the State. ICE.—If the replacement of existing rail pas- ‘‘(i) means a benefit accrued to the public ‘‘§ 22505. Content senger service takes place within 3 years in the form of enhanced mobility of people or after the replacing entity commences inter- goods, environmental protection or enhance- ‘‘(a) IN GENERAL.—Each State rail plan city passenger rail service, the replacing en- ment, congestion mitigation, enhanced trade shall contain the following: tity and the collective bargaining agent or and economic development, improved air ‘‘(1) An inventory of the existing overall agents for the adversely affected employees quality or land use, more efficient energy rail transportation system and rail services of the predecessor provider shall enter into use, enhanced public safety or security, re- and facilities within the State and an anal- an agreement with respect to the matters set duction of public expenditures due to im- ysis of the role of rail transportation within forth in subparagraphs (A) through (D) of proved transportation efficiency or infra- the State’s surface transportation system. paragraph (1). If the parties have not entered structure preservation, and any other posi- ‘‘(2) A review of all rail lines within the into an agreement with respect to all such tive community effects as defined by the State, including proposed high speed rail matters within 60 days after the date on Secretary; and corridors and significant rail line segments which the replacing entity replaces the pred- ‘‘(ii) shall be determined on a project-by- not currently in service. ecessor provider, the parties shall select an project basis, based upon an agreement be- ‘‘(3) A statement of the State’s passenger arbitrator using the procedures set forth in tween the parties. rail service objectives, including minimum paragraph (2)(B), who shall, within 20 days ‘‘(B) CONSULTATION.—The Secretary may service levels, for rail transportation routes after the commencement of the arbitration, seek the advice of the States and rail car- in the State. conduct a hearing and decide all unresolved riers in further defining this term. ‘‘(4) A general analysis of rail’s transpor- issues. This decision shall be final, binding, ‘‘(3) STATE.—The term ‘State’ means any of tation, economic, and environmental im- and conclusive upon the parties. the 50 States and the District of Columbia. pacts in the State, including congestion ‘‘(e) INAPPLICABILITY TO CERTAIN RAIL OP- ‘‘(4) STATE RAIL TRANSPORTATION AUTHOR- mitigation, trade and economic develop- ERATIONS.— Nothing in this section applies ITY.—The term ‘State rail transportation au- ment, air quality, land-use, energy-use, and to— thority’ means the State agency or official community impacts. ‘‘(1) commuter rail passenger transpor- responsible under the direction of the Gov- ‘‘(5) A long-range rail investment program tation (as defined in section 24102(4) of this ernor of the State or a State law for prepara- for current and future freight and passenger title) operations of a State or local govern- tion, maintenance, coordination, and admin- infrastructure in the State that meets the ment authority (as those terms are defined istration of the State rail plan.’’. requirements of subsection (b).

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‘‘(6) A statement of public financing issues (1) The table of chapters for the title is (8) by inserting ‘‘TRANSFERS OF DUTY.—’’ for rail projects and service in the State, in- amended by inserting the following after the before ‘‘A duty’’ in subsection (e), as redesig- cluding a list of current and prospective pub- item relating to chapter 223: nated; lic capital and operating funding resources, ‘‘225. State rail plans ...... 22501’’. (9) by inserting ‘‘CONTRACTS, GRANTS, public subsidies, State taxation, and other fi- ‘‘(2) The chapter analysis for subtitle V is LEASES, COOPERATIVE AGREEMENTS, AND SIMI- nancial policies relating to rail infrastruc- amended by inserting the following after the LAR TRANSACTIONS.—’’ before ‘‘Subject’’ in ture development. item relating to chapter 223: subsection (f), as redesignated; ‘‘(7) An identification of rail infrastructure (10) by striking the last sentence in sub- issues within the State that reflects con- ‘‘225. State rail plans ...... 24401’’. section (f), as redesignated; and sultation with all relevant stake holders. SEC. 303. NEXT GENERATION CORRIDOR TRAIN (11) by adding at the end the following: ‘‘(8) A review of major passenger and EQUIPMENT POOL. ‘‘(g) ADDITIONAL DUTIES OF THE ADMINIS- freight intermodal rail connections and fa- (a) IN GENERAL.—Within 180 days after the TRATOR.—The Administrator shall— cilities within the State, including seaports, date of enactment of this Act, Amtrak shall ‘‘(1) provide assistance to States in devel- and prioritized options to maximize service establish a Next Generation Corridor Equip- oping State rail plans prepared under chap- integration and efficiency between rail and ment Pool Committee, comprised of rep- ter 225 and review all State rail plans sub- other modes of transportation within the resentatives of Amtrak, the Federal Railroad mitted under that section; State. Administration, host freight railroad compa- ‘‘(2) develop a long range national rail plan ‘‘(9) A review of publicly funded projects nies, passenger railroad equipment manufac- that is consistent with approved State rail within the State to improve rail transpor- turers, and other passenger railroad opera- plans and the rail needs of the Nation, as de- tation safety and security, including all tors as appropriate and interested States. termined by the Secretary in order to pro- major projects funded under section 130 of The purpose of the Committee shall be to de- mote an integrated, cohesive, efficient, and title 23. sign, develop specifications for, and procure optimized national rail system for the move- ‘‘(10) A performance evaluation of pas- standardized next-generation corridor equipment of goods and people; senger rail services operating in the State, ment. ‘‘(3) develop a preliminary national rail including possible improvements in those (b) FUNCTIONS.—The Committee may— plan within a year after the date of enact- services, and a description of strategies to (1) determine the number of different types ment of the Passenger Rail Investment and achieve those improvements. of equipment required, taking into account Improvement Act of 2007; ‘‘(11) A compilation of studies and reports variations in operational needs and corridor ‘‘(4) develop and enhance partnerships with on high-speed rail corridor development infrastructure; the freight and passenger railroad industry, within the State not included in a previous (2) establish a pool of equipment to be used States, and the public concerning rail devel- plan under this subchapter, and a plan for on corridor routes funded by participating opment; funding any recommended development of States; and ‘‘(5) support rail intermodal development such corridors in the State. (3) subject to agreements between Amtrak and high-speed rail development, including ‘‘(12) A statement that the State is in com- and States, utilize services provided by Am- high speed rail planning; pliance with the requirements of section trak to design, maintain and remanufacture ‘‘(6) ensure that programs and initiatives 22102. equipment. developed under this section benefit the pub- ‘‘(b) LONG-RANGE SERVICE AND INVESTMENT (c) COOPERATIVE AGREEMENTS.—Amtrak lic and work toward achieving regional and PROGRAM.— and States participating in the Committee national transportation goals; and ‘‘(1) PROGRAM CONTENT.—A long-range rail may enter into agreements for the funding, ‘‘(7) facilitate and coordinate efforts to as- investment program included in a State rail procurement, remanufacture, ownership and sist freight and passenger rail carriers, tran- plan under subsection (a)(5) shall include the management of corridor equipment, includ- sit agencies and authorities, municipalities, following matters: ing equipment currently owned or leased by and States in passenger-freight service inte- ‘‘(A) A list of any rail capital projects ex- Amtrak and next-generation corridor equip- gration on shared rights of way by providing pected to be undertaken or supported in ment acquired as a result of the Committee’s neutral assistance at the joint request of af- whole or in part by the State. actions, and may establish a corporation, fected rail service providers and infrastruc- ‘‘(B) A detailed funding plan for those which may be owned or jointly-owned by ture owners relating to operations and ca- projects. Amtrak, participating States or other enti- pacity analysis, capital requirements, oper- ‘‘(2) PROJECT LIST CONTENT.—The list of ties, to perform these functions. ating costs, and other research and planning rail capital projects shall contain— (d) FUNDING.—In addition to the authoriza- related to corridors shared by passenger or ‘‘(A) a description of the anticipated public tion provided in section 105 of this Act, cap- commuter rail service and freight rail oper- and private benefits of each such project; and ital projects to carry out the purposes of this ations. ‘‘(B) a statement of the correlation be- section shall be eligible for grants made pur- ‘‘(h) PERFORMANCE GOALS AND REPORTS.— tween— suant to chapter 244 of title 49, United States ‘‘(1) PERFORMANCE GOALS.—In conjunction ‘‘(i) public funding contributions for the Code. with the objectives established and activities projects; and SEC. 304. FEDERAL RAIL POLICY. undertaken under section 103(e) of this title, ‘‘(ii) the public benefits. Section 103 is amended— the Administrator shall develop a schedule ‘‘(3) CONSIDERATIONS FOR PROJECT LIST.—In (1) by inserting ‘‘IN GENERAL.—’’ before for achieving specific, measurable perform- preparing the list of freight and intercity ‘‘The Federal’’ in subsection (a); ance goals. passenger rail capital projects, a State rail (2) by striking the second and third sen- ‘‘(2) RESOURCE NEEDS.—The strategy and transportation authority should take into tences of subsection (a); annual plans shall include estimates of the consideration the following matters: (3) by inserting ‘‘ADMINISTRATOR.—’’ before funds and staff resources needed to accom- ‘‘(A) Contributions made by non-Federal ‘‘The head’’ in subsection (b); plish each goal and the additional duties re- and non-State sources through user fees, (4) by redesignating subsections (c), (d), quired under section 103(e). matching funds, or other private capital in- and (e) as subsections (d), (e), and (f), respec- ‘‘(3) SUBMISSION WITH PRESIDENT’S BUDG- volvement. tively and by inserting after subsection (b) ET.—Beginning with fiscal year 2009 and each ‘‘(B) Rail capacity and congestion effects. the following: fiscal year thereafter, the Secretary shall submit to Congress, at the same time as the ‘‘(C) Effects on highway, aviation, and ‘‘(c) SAFETY.—To carry out all railroad maritime capacity, congestion, or safety. safety laws of the United States, the Admin- President’s budget submission, the Adminis- ‘‘(D) Regional balance. istration is divided on a geographical basis tration’s performance goals and schedule de- ‘‘(E) Environmental impact. into at least 8 safety offices. The Secretary veloped under paragraph (1), including an as- ‘‘(F) Economic and employment impacts. of Transportation is responsible for all acts sessment of the progress of the Administra- ‘‘(G) Projected ridership and other service taken under those laws and for ensuring that tion toward achieving its performance measures for passenger rail projects. the laws are uniformly administered and en- goals.’’. forced among the safety offices.’’; SEC. 305. RAIL COOPERATIVE RESEARCH PRO- ‘‘§ 22506. Review GRAM. (5) by inserting ‘‘POWERS AND DUTIES.—’’ The Secretary shall prescribe procedures before ‘‘The’’ in subsection (d), as redesig- (a) ESTABLISHMENT AND CONTENT.—Chapter for States to submit State rail plans for re- nated; 249 is amended by adding at the end the fol- view under this title, including standardized (6) by striking ‘‘and’’ after the semicolon lowing: format and data requirements. State rail in paragraph (1) of subsection (d), as redesig- ‘‘§ 24910. Rail cooperative research program plans completed before the date of enact- nated; ‘‘(a) IN GENERAL.—The Secretary shall es- ment of the Passenger Rail Investment and (7) by redesignating paragraph (2) of sub- tablish and carry out a rail cooperative re- Improvement Act of 2007 that substantially section (d), as redesignated, as paragraph (3) search program. The program shall— meet the requirements of this chapter, as de- and inserting after paragraph (1) the fol- ‘‘(1) address, among other matters, inter- termined by the Secretary, shall be deemed lowing: city rail passenger and freight rail services, by the Secretary to have met the require- ‘‘(2) the duties and powers related to rail- including existing rail passenger and freight ments of this chapter’’. road policy and development under sub- technologies and speeds, incrementally en- (b) CONFORMING AMENDMENTS.— section (e); and’’; hanced rail systems and infrastructure, and

VerDate Aug 31 2005 02:24 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A30OC6.012 S30OCPT1 cnoel on PRODPC60 with SENATE_CN S13564 CONGRESSIONAL RECORD — SENATE October 30, 2007 new high-speed wheel-on-rail systems and ‘‘(C) representatives of Amtrak, the Alaska Mr. LAUTENBERG. Mr. President, I rail security; Railroad, freight railroads, transit operating move to reconsider the vote and I move ‘‘(2) address ways to expand the transpor- agencies, intercity rail passenger agencies, to lay that motion on the table. tation of international trade traffic by rail, railway labor organizations, and environ- The motion to lay on the table was enhance the efficiency of intermodal inter- mental organizations. change at ports and other intermodal termi- agreed to. ‘‘(d) NATIONAL ACADEMY OF SCIENCES.— The The PRESIDING OFFICER. The Sen- nals, and increase capacity and availability Secretary may make grants to, and enter of rail service for seasonal freight needs; into cooperative agreements with, the Na- ator from New Jersey is recognized. ‘‘(3) consider research on the interconnect- tional Academy of Sciences to carry out Mr. LAUTENBERG. Mr. President, I edness of commuter rail, passenger rail, such activities relating to the research, tech- must say how satisfying it is that the freight rail, and other rail networks; and nology, and technology transfer activities Senate has done what America has ‘‘(4) give consideration to regional con- described in subsection (b) as the Secretary asked us to do. I can’t tell you how in- cerns regarding rail passenger and freight deems appropriate.’’. volved personally I have been in this transportation, including meeting research (b) CLERICAL AMENDMENT.—The chapter for many years. Since my relatively needs common to designated high-speed cor- analysis for chapter 249 is amended by add- early days in the Senate, going back ridors, long-distance rail services, and re- ing at the end the following: gional intercity rail corridors, projects, and decades, I have been interested in what entities. ‘‘24910. Rail cooperative research program.’’. we could do to make Amtrak an inte- ‘‘(b) CONTENT.—The program to be carried SEC. 306. PASSENGER RAIL SYSTEM COMPARISON gral part of the transportation system, out under this section shall include research STUDY. to make Amtrak easier and more reli- designed— (a) IN GENERAL.—Not later than 1 year able for the American people. They ‘‘(1) to identify the unique aspects and at- after the date of the enactment of this Act, asked us to do this, to give them relief. tributes of rail passenger and freight service; the Comptroller General of the United States I wish to say to Senator LOTT how ‘‘(2) to develop more accurate models for shall complete a study that compares the much I have appreciated working with evaluating the impact of rail passenger and passenger rail system in the United States freight service, including the effects on high- with the passenger rail systems in Canada, him—not only now, but we have done way and airport and airway congestion, envi- Germany, Great Britain, and Japan. so for a number of years. We have the ronmental quality, and energy consumption; (b) ISSUES TO BE STUDIED.—The study con- satisfaction of seeing this bill pass and ‘‘(3) to develop a better understanding of ducted under subsection (a) shall include a we hope on its way to becoming law. modal choice as it affects rail passenger and country-by-country comparison of— With 70 votes, this is a clear message freight transportation, including develop- (1) the development of high speed rail; about what the representatives of the ment of better models to predict utilization; (2) passenger rail operating costs; American people are saying. ‘‘(4) to recommend priorities for tech- (3) the amount and payment source of rail I thank Senator LOTT. It has been a nology demonstration and development; line construction and maintenance costs; pleasure working with him. As I am ‘‘(5) to meet additional priorities as deter- (4) the amount and payment source of sta- mined by the advisory board established sure he agrees, I look forward to hav- tion construction and maintenance costs; ing more opportunities to do things in under subsection (c), including any rec- (5) passenger rail debt service costs; ommendations made by the National Re- (6) passenger rail labor agreements and as- a bipartisan nature to help the Amer- search Council; sociated costs; ican people. They asked us for relief ‘‘(6) to explore improvements in manage- (7) the net profit realized by the major pas- and we are giving it to them—relief ment, financing, and institutional struc- senger rail service providers in each of the 4 from traffic congestion, relief from tures; most recent quarters; lines at the airports, and relief from ‘‘(7) to address rail capacity constraints (8) the percentage of the passenger rail sys- planes lined up on the tarmac. Today, that affect passenger and freight rail service tem’s costs that are paid from general gov- through a wide variety of options, ranging the Senate has said to American trav- ernment revenues; and elers: You will have another choice, from operating improvements to dedicated (9) the method used by the government to new infrastructure, taking into account the provide the subsidies described in paragraph and the choice is passenger rail. impact of such options on operations; (8). I am pleased to note the wide margin ‘‘(8) to improve maintenance, operations, (c) REPORT.—Not later than 180 days after by which the Passenger Rail Invest- customer service, or other aspects of inter- the completion of the study under subsection ment Improvement Act of 2007 has been city rail passenger and freight service; (a), the Comptroller General shall submit a approved in the Senate. The bill is ‘‘(9) to recommend objective methodologies report containing the findings of such study going to speed passenger rail service in for determining intercity passenger rail to— the United States into the 21st cen- routes and services, including the establish- (1) the Committee on Commerce, Science, ment of new routes, the elimination of exist- tury. and Transportation of the Senate; and ing routes, and the contraction or expansion There are many people I wish to (2) the Committee on Transportation and of services or frequencies over such routes; thank in addition to my friend and col- Infrastructure of the House of Representa- ‘‘(10) to review the impact of equipment league from Mississippi, the minority tives. and operational safety standards on the fur- whip, Senator LOTT, who has had a ther development of high speed passenger TITLE IV—MISCELLANEOUS long-standing commitment to pas- rail operations connected to or integrated SEC. 401. STRATEGIC PLAN ON EXPANDED senger rail service. with non-high speed freight or passenger rail CROSS-BORDER PASSENGER RAIL I also wish to thank Senator INOUYE, operations; SERVICE DURING THE 2010 OLYMPIC GAMES. chairman of the Senate Committee on ‘‘(11) to recommend any legislative or reg- Commerce, Science, and Transpor- ulatory changes necessary to foster further Not later than one year after the date of development and implementation of high the enactment of this Act, Amtrak shall, in tation, for giving me the privilege of speed passenger rail operations while ensur- consultation with the Secretary of Transpor- pursuing and managing this legisla- ing the safety of such operations that are tation, the Secretary of Homeland Security, tion. His confidence has always been connected to or integrated with non-high the Washington State Department of Trans- appreciated by me. speed freight or passenger rail operations; portation, and the owners of the relevant I thank the majority leader, HARRY and railroad infrastructure— REID, for his leadership and decisive- ‘‘(12) to review rail crossing safety im- (1) develop a strategic plan to facilitate ex- ness to work to bring our bill to the provements, including improvements using panded passenger rail service across the floor, and I thank his staff for their international border between the United new safety technology. support. In particular, the floor staff, ‘‘(c) ADVISORY BOARD.— States and Canada during the 2010 Olympic ‘‘(1) ESTABLISHMENT.—In consultation with Games on the Amtrak passenger rail route including Lula Davis, Marty Paone, the heads of appropriate Federal depart- between Vancouver, British Columbia, Can- Tim Mitchell, and Trisha Engle. On the ments and agencies, the Secretary shall es- ada, and Eugene, Oregon (commonly known Republican side, everybody was cooper- tablish an advisory board to recommend reas ‘‘Amtrak Cascades’’); ative. I thank David Schiappa, Laura search, technology, and technology transfer (2) develop recommendations for the De- Dove, and Jodie Hernandez. activities related to rail passenger and partment of Homeland Security to process I also thank all of our cosponsors of freight transportation. efficiently rail passengers traveling on Am- the bill. I particularly wish to focus on ‘‘(2) MEMBERSHIP.—The advisory board trak Cascades across such international bor- Senator CARPER’s help and his hard shall include— der during the 2010 Olympic Games; and ‘‘(A) representatives of State transpor- (3) submit to Congress a report containing work and constant support for Amtrak, tation agencies; the strategic plan described in paragraph (1) along with all of our cosponsors’ dedi- ‘‘(B) transportation and environmental and the recommendations described in para- cation and commitment to improving economists, scientists, and engineers; and graph (2). travel in America.

VerDate Aug 31 2005 02:24 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A30OC6.012 S30OCPT1 cnoel on PRODPC60 with SENATE_CN October 30, 2007 CONGRESSIONAL RECORD — SENATE S13565 I thank Alex Kummant, the CEO of Getting legislation passed by this gave me a chance to read, to commu- Amtrak, and his government affairs body takes a lot of work, and these nicate, and even nod off for a couple of staff, including Joe McHugh and Caro- folks are to be commended. minutes. It was really a nice way to line Decker. Everyone knows our highways are travel. Passengers can work on laptops, I thank my staff, of which I am very jammed. We don’t have to tell them talk on the phone, walk around on the proud. They are always there, no mat- that from here. All they have to think train, and generally be productive. ter what the hours or the intensity of about is what time they get out of Riding the train also helps secure our the work are. They are there with their work and what time they get home and country’s future by improving the en- support, their knowledge and research what time do they have to leave in the vironment. Amtrak trains are on aver- and their constant concern for making morning to get to work on time. In age 17 percent more fuel efficient than sure we do things right. My staff in- New Jersey, the most densely popu- passenger airlines, and 21 percent more cludes David Matsuda, Dan Katz, Doug lated State in the country, we spend fuel efficient than passenger cars, ac- Mehan, and Meg Slachetka. 300 hours commuting by car every cording to the U.S. Department of En- Mr. LOTT. Mr. President, will the year. Fifteen percent of that time is ergy. Senator yield briefly? I have another wasted sitting in traffic, creating pol- Furthermore, trains produce fewer commitment off the floor. lution, creating anxiety, anger, frus- greenhouse gas emissions than cars, Mr. LAUTENBERG. Yes. tration, and bigger bills as gas prices trucks, and planes, and per mile loco- Mr. LOTT. Mr. President, I wish to go up at the same time. motives emit about 50 percent less car- acknowledge the Senator’s kind re- With more than 220 million vehicles bon dioxide than airplanes and still marks. It was a pleasure working with on the road and the population pro- less than automobiles. him on this legislation. It has been a jected to pass the 400 million mark be- Trains also save lives. If there was long time coming. I appreciate the ac- fore 2050, congestion will remain a ever a moment that demonstrated how tive involvement he has had, along major challenge if cars and trucks re- much America needed a passenger rail with other Senators on both sides of main the dominant mode of travel. system, it was in the wake of 9/11 and the aisle, including Senator CARPER of I mentioned earlier in this debate Hurricane Katrina. On 9/11, when our Delaware. that our population in 1971, when Am- airports were shut down, Amtrak was There is a long history of trying to trak was developed as a government able to get travelers back to their fam- get this passed freestanding through corporation, was 200 million. Now, ilies. On 9/11, airports were shut down. Am- the Senate. We have to give credit to barely 36 years later, we are 300 mil- trak was able to get travelers back to our leadership and to Senator REID in lion. We haven’t made much progress their families. During Hurricane particular. He had to make this hap- in upgrading our rail systems even Katrina, trains could have helped evac- pen. We tried last year repeatedly to after our country has grown by 100 mil- uate persons from those affected cities get it freestanding or to get a window lion people. if our Government was better prepared to offer it. We never could get it agreed And now we are feeling the effects. to employ them. Trains sat idly by to at that time. Senator REID carved Our skies are becoming jammed as waiting for passengers to come aboard out a pretty big block of time for a more planes take to the air. Last year to be taken away from the center of Transportation bill. He didn’t have to was the worst year for flight delays the hurricane, but they could not get do that. He deserves credit for that. since 2000. One in four planes were late. to the train. The Government wasn’t I also thank my staff, including Anne For travelers who fly, for instance, Marie Turner, who is here with me; there to lend a hand. between Washington and the New There is great enthusiasm for pas- Chris Bertram, who has been working York/New Jersey area, a 36-minute senger rail service in America. Am- with me for years; and Beth Spivey. flight often becomes 2 or more hours trak’s record ridership of 26 million Our staffs work together great. I am because of delays getting off the passengers last year can attest to that pleased with the Republicans who ground and, once there, getting off the fact. The potential of new railcars in voted for it and probably all of the plane. I once flew up to LaGuardia Air- our country is enormous. Efficient rail Democrats voted for it. I hope the port, and we waited an hour to get to service between Chicago and other House will act on this expeditiously. the gate. Midwest cities, such as St. Louis, De- This could be a big step in the right di- The airlines have admitted this and troit, and Cleveland would revolu- rection. I thank my colleagues on both have revised their schedules to reflect tionize the way people travel in an en- sides of the aisle for their cooperation. that now this 36-minute flight should tire vital region of our country. I hope we can do more of this sort of be expected to take 2 hours: 36 minutes Likewise, a proposed passenger rail thing in the future. I thank the Sen- in the air, and the rest of the time ad- line serving Atlanta, Charlotte, Rich- ator for letting me interrupt his re- miring the landscape, which is pretty mond, Washington, and points in be- marks. dismal when you see all these planes tween would allow people options be- Mr. LAUTENBERG. Not at all. I, too, lined up on the tarmac like cars in sides braving Interstate 95 traffic. thank Anne Marie Turner of Senator traffic. If we foster passenger rail service LOTT’s staff. She was always there, and Between lines of cars on the high- that is viable, reliable, and com- I could tell by the expression on her ways and long lines at the airports, fortable, many will choose rail as an face at a given moment whether we America’s travelers need and deserve alternative, and Amtrak’s record rider- were on the right or wrong track in another choice. The answer is a world- ship has proven that fact. talking about Amtrak. I also thank class passenger rail system. Today’s action by the Senate is a vic- Chris Bertram and Beth Spivey of his Riding a train saves people money. tory for anyone who is tired of sitting staff as well. The national average cost per gallon of in traffic or waiting in an airport and I thank the staff from the Senate gasoline is over $2.80 a gallon. I have for people who work so hard to make a Commerce Committee, including Ste- even heard estimates that we will see living and often live far away from phen Gardner, who is always so helpful oil at $200 a barrel before too long. work, far away from their homes. I re- and has extensive knowledge about When you look at all the benefits to member a conversation I had with a transportation. Chairman INOUYE was travelers, we see that riding a train man who worked in New York City who so gracious in making sure we were can save time, money, and congestion bought a house 50 miles away from his supported with the assistance of Mr. in other modes of transportation. job. His thought, he said, for him and Gardner. Also, I thank Melissa Porter, For instance, rail service often deliv- his family, in addition to seeing some who is on loan as a detailee from the ers passengers directly to where they green space, was that he would save Federal Railroad Administration; need to go, as train stations are more money, he would be able to put his Shira Bergstein, from Senator INOUYE’s frequently located in city centers. I children in a house with some room. majority staff; Betsy McDonnell and can tell my colleagues from personal Now when I see the same man, he is Dan Neuman, from Senator GORDON experience, since I road the train as re- distraught because of the cost for gaso- SMITH’s and Senator STEVENS’s Com- cently as this morning, that riding the line. The cost for the time lost in traf- mittee minority staff. train was a pleasurable experience. It fic outweighs the advantages he

VerDate Aug 31 2005 02:24 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G30OC6.049 S30OCPT1 cnoel on PRODPC60 with SENATE_CN S13566 CONGRESSIONAL RECORD — SENATE October 30, 2007 thought he would have. That is not an are beginning to ride trains more and It makes a whole lot of sense. If uncommon situation. more and why we need to provide sup- States believe they would rather spend Mr. President, I thank my colleagues porting leadership at the Federal level, their 20 percent on airports, roads, for their support and look forward to at the same time entering into partner- highways, or bridges, they can do that. completing this legislation in this Con- ship with State and local governments. But if they think rail makes sense as gress and getting it signed into law. The beauty behind this legislation is part of the solution, they can do that I look forward to hearing from our that the Federal Government says we as well with the same kind of incen- colleague, Senator CARPER from Dela- are going to take charge and upgrade tive. That is good. ware, who worked so hard and has for the Northeast corridor, bring it to a There are a bunch of long-distance many years. He is a frequent user, as state of good repair. In doing that, we trains that don’t make money; they they say of Amtrak, that is. We appre- unleash the potential in the Northeast lose money, quite a bit of money. We ciate his hard work and the oppor- corridor, including bringing in the have 16 long-distance trains in this tunity we shared to work together to more expensive high-speed Acela train country. We direct the Federal Rail- get this legislation considered and which I helped create as a member of road Administration to take five of passed today in the Senate. the Amtrak board when I was Governor those long-distance trains next year, I yield the floor. of Delaware, to the extent we can just five the year after that, and five the The PRESIDING OFFICER. The Sen- let them run at 100 miles an hour, 110, year after that and scrub them, look at ator from Delaware. maybe something close to 150 miles an them, look at what they are doing well Mr. CARPER. Mr. President, while hour. Their ontime performance is up and what they are doing badly and Senator LAUTENBERG is still on the to 90 percent, and we would like to what we need to do to reduce the floor, I wish to express my thanks and make it higher so we can fill up the amount of money we are spending to the thanks of my constituents in Dela- seats on the Acela. We are close to provide passenger rail service in those ware to him and Senator LOTT for the doing that. They can be a cash cow in areas. partnership they forged in bringing us generating revenues we need to support I don’t want to run trains if people to the reauthorization victory we cele- other passenger rail service in the don’t want to ride them. That is not brate this afternoon. Northeast corridor and in other parts what we should be about. The real se- Stephen Gardner is still on the floor. of the country. cret to doing well with passenger rail Stephen was a member of my personal One of the good provisions in this in this country and, frankly, other staff when I was first elected to the legislation is bringing the Northeast countries is to find those densely popu- Senate. He is succeeded by Beth corridor into a state of good repair and lated corridors. There are a lot of Osborne. We have a great working rela- authorizing money to be spent for that them. A lot are along the coast. Over tionship with him. He has great talent. purpose, for capital improvement. Am- half the people in our country live He is someone who has not just been in trak for years has been starved for cap- within 50 miles of one of our coasts. We Washington and the Senate, but he ital. Along with providing pay raises have corridors up and down the east worked for railroads in the past, infor the employees, that is first and coast from Maine to Florida, the gulf cluding Amtrak. Given his experience, foremost what we need to do. coast, the west coast from San Diego he was invaluable in providing guid- A second major change in this legis- up to the Canadian border, up to Van- ance and support in this process. lation, for areas outside the corridor, couver, in fact. I wish to speak briefly, and then I am whether it is Tennessee or Colorado, in Passenger rail can do a lot to help us going to make a unanimous consent replaces where we have densely popu- there, particularly 300-, 400-mile quest that we go into morning business lated corridors, where the State and routes. People would just as soon ride a so that Senator ALEXANDER and I may local governments would actually like train on the Northeast corridor than to engage in a colloquy on another mat- to have high-speed or higher speed rail drive or take an airplane. ter. and run trains, maybe just for 200 miles Another thing that makes sense is Let me say this: I have come from a or 300 miles, and provide better service these corridors in our country, such as meeting at the other end of the Cap- such as they are doing out of Chicago Chicago to St. Louis—that is a great itol, that may still be going on, that and out of the west coast where rider- corridor and there are others like that started around 2 o’clock. I stayed for ship is up 10, 20, 30, even 40 percent— corridor in other parts of the country almost an hour and a half. The meeting States are involved in that partnership where passenger rail can be part of the involved members of organized labor with the Federal Government. solution. Those are the kinds of things and several leaders in the House of This legislation says if a Governor of we wanted to work on, to build. Representatives who have jurisdiction, a State—Senator ALEXANDER and I are Finally, some are interested in com- Democrat and Republican, over infra- former Governors. When we were Gov- petition for freight rail. If they want to structure and passenger rail. The meet- ernors, if we wanted to enter into an come in and run passenger rail service, ing was driven in part because of the agreement with the Federal Govern- under this legislation they can com- threat of a potential work stoppage on ment to build a new road or highway, pete if they want to. They are not our passenger rail system. It turns out the Federal Government would provide barred from competing. They have the that most Amtrak employees, hourly 80 percent. If we wanted to get im- opportunity to do that as well, and the workers who work in the shops and provements to our airports, the Fed- legislation encourages that kind of work on the trains, have not had a pay eral Government provided 80 percent of competition. raise in about 7 or 8 years. the money and the State provide 20 I will close with this comment. My That is not a good situation. In fact, percent. If we wanted improvements hope is that the reauthorizing legisla- I think it is a grossly unfair situation with respect to transit service, the tion we passed today will be warmly re- and very much a sad situation for them Federal Government would provide 50 ceived in the House. I think it will be. and for their families. percent, and the State would provide I am encouraged that it will be. My hope, and part of my encourage- half. Second, I hope it demonstrates to our ment and support for this legislation, But a better solution, a more cost-ef- colleagues, Republicans and Demo- is that I think it provides a roadmap fective solution, happens to be inter- crats, House and Senate, that we are for going forward with passenger rail city passenger rail, and the Federal not going to be business as usual at service in this country in the 21st cen- Government provided zero and the Amtrak. There is a new day and, frank- tury. We need a roadmap. State had to provide all the money. ly, a better business strategy going for- Senator LAUTENBERG and others have Even if intercity passenger rail was a ward. My hope is that confidence will spoken as to why we need to do things smarter solution, it received no sup- be reflected in greater appropriations differently—congestion on our high- port from the Federal Government. bills, in the House and in the Senate, ways and in our airports, in the skies, This bill changes that situation. It so Amtrak cannot only make the kinds enormous reliance on foreign oil, too puts passenger rail funding on the of investments in infrastructure for much bad stuff going into our air. same level as airports and the same Amtrak—rail, overhead wires, sig- There are all kinds of reasons people level as roads, highways, and bridges. naling systems, rolling stock—but also

VerDate Aug 31 2005 02:24 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G30OC6.050 S30OCPT1 cnoel on PRODPC60 with SENATE_CN October 30, 2007 CONGRESSIONAL RECORD — SENATE S13567 to say to these folks who haven’t had a Ohio, both former mayors, Senator On the one hand, if you have been a pay raise in the last 7 years or so: We FEINSTEIN—a former mayor herself— Governor, as Senator CARPER and I are going to address that inequity too. Senator DORGAN, former revenue direc- have been, nothing makes you madder My hope is we can do all those, and tor for the State of North Dakota, and than for Members of Congress to stand the passage of this legislation will help Senator ROCKEFELLER, a former Gov- up with a big idea and say let’s put this us in that direction, plus reduce a little ernor of West Virginia, all of whom into law; let’s take credit for it and bit of our dependence on foreign oil, worked together as a team to try to send the bill to the Governors, to the plus reduce the emission of bad stuff bring us to this day, to where we are States and cities and the counties—be- into our air, reduce congestion at our today, the House has adopted legisla- cause usually we find that Senator or airports and in our skies and on our tion we passed last year, providing for Congressman back home in our States highways. a 7-year extension of the Internet tax making a big speech about local con- If we do all that we ought to declare moratorium. trol at the next Lincoln Day or Jack- victory. The thing I love most about Let me say to Senator ALEXANDER son or Jefferson Day dinner. what happened here this week and last what a real privilege it is for me to That is the principle of federalism on week on this bill is Democrats and Re- have an chance to work with you on all the one side: No more unfunded Federal publicans did it together; we actually kinds of issues, including this one. I mandates, is what we Republicans like worked together and I applaud the ef- thank you for that opportunity. to say. In fact, a whole bunch of Repub- forts of Senator LAUTENBERG and Sen- The PRESIDING OFFICER. Without licans, including Newt Gingrich, stood ator LOTT and I especially wish to say objection, the Senators from Tennessee up on the U.S. Capitol steps in 1994 and thanks to our leader, Senator REID, for and Delaware may engage in a col- said: No more unfunded mandates. If making time on the schedule for us to loquy. we break our promise, throw us out. have this debate, to follow through on The Senator from Tennessee is recog- The New Republican Congress passed a it; and my colleagues on both sides who nized. law in 1995, S. 1 it was called, no more participated in the debate and offered Mr. ALEXANDER. Mr. President, I unfunded mandates, that is the law of reasonable amendments, some of which thank the Senator from Delaware. He the land. If Congress wants to order were adopted. This place actually func- has provided extraordinary leadership States and local governments to do it, tioned the way I think people of this as a former chairman of the National Congress should pay for it. country expect us to. Governors Association on the legisla- That was the principle of federalism. f tion that was passed. Let me be spe- But on the other hand, we had the prin- cific about what has been done. ciple of—let’s say laissez faire, for lack MORNING BUSINESS Last Thursday, the Senate worked of a better word. If you have been in Mr. CARPER. Mr. President, I ask out a compromise and passed legisla- business or helped to start a business, unanimous consent that the Senate tion to extend for 7 more years the as I also have, you want as little tax- now proceed to a period of morning moratorium on the taxation of access ation as possible and as much certainty business, with Senators permitted to to the Internet. That was called the as possible. As the Internet grows and speak therein for up to 10 minutes Sununu-Carper amendment, the Sen- develops, from the very beginning, it each. ator from New Hampshire and the Sen- was thought it ought to be as free as The PRESIDING OFFICER. Without ator from Delaware. It was an amend- possible from multiple regulations and objection, it is so ordered. ment to the 4-year extension that the taxes from State and local govern- f House of Representatives passed on Oc- ments. So that produced the kind of de- tober 16 by a vote of 405 to 2. I was glad bate that often comes to the floor of INTERNET TAX MORATORIUM to be a cosponsor of the Sununu-Carper the Senate, those saying on the one Mr. CARPER. I further ask unani- amendment. Hopefully, the House will hand: Wait a minute, let’s leave the mous consent that Senator ALEXANDER vote on that legislation today, if it has Internet alone. Let’s let it grow. Let’s and I be allowed to participate in a col- not already, so the President can sign keep the State and local governments loquy for 10 minutes apiece, up to 10 it into law before the moratorium ex- from taxing it, or at least from taxing minutes apiece for a total of up to 20 pires on November 1, which is this access to it. And on the other hand, the minutes. I think what I would like to Thursday. States, the Governors and the mayors do initially is yield, if I could, to Sen- At the invitation of the Senator from and the city councilmen—many of us ator ALEXANDER for his comments and Delaware, let me try to put this accom- have been in those positions before— whatever he would like to say. plishment into a little larger perspec- saying: Wait a minute, it is not the job While he comes to his feet to speak tive. Above the Senator from Colorado, of Congress to say to Colorado or Dela- first, let me say, I think the people in who is the Presiding Officer, is a few ware or Tennessee: You must have this the country want us to work together. words that have been our country’s na- service or you can’t tax food or you We have Democrats, we have Repub- tional motto, ‘‘E Pluribus Unum,’’ one can’t tax income or you can’t put a licans, we have Independents in this from many. sales tax on Internet access. country, and we realize we are not How do we make this country one In 2003 and 2004, we had a huge debate going to agree on everything. People from many? Not by race or not by de- about the last extension of the Internet realize that, but when we can agree, scent but because we agree on a few access tax moratorium and came to a they want us to do that. They want us principles. We have a common lan- conclusion. At that time, Senator CAR- to use common sense, take the oppor- guage, and we have a common history. PER and I asked the industry, the com- tunity to work across the aisle and A very wise professor, Samuel P. panies, to sit down with the National make sure that common sense is re- Huntington, at Harvard, who was a Governors Association, the National flected, whether it is passenger rail former President of the American Po- Conference of Mayors, the National As- service or the interest or noninterest litical Science Association, said: sociation of Counties and take these in providing people protection from Much of our politics is about conflicts be- principles—federalism on the one side, having their Internet access taxed, tween principles with which all of us agree. laissez faire on the other—and suggest their e-mail traffic taxed, their instant For example, if we were debating im- to us some ways we could craft legisla- messaging taxed. migration, we might say ‘‘equal oppor- tion that recognized we all agree with I have had the great privilege of tunity’’ on the one hand, ‘‘rule of law’’ both principles. We need to find a way working with Senator ALEXANDER for 3 on the other. We all agree with both to put the principles together. That is or 4 years—in some cases maybe longer principles, but they conflict so we have what this compromise did. than we would like to remember—on an argument. That is what happened I will let the Senator from Delaware the issue of tax moratorium, but he has with the question of whether the Fed- explain a little more about the details been a great partner, and I especially eral Government should pass a law to of it, but if he doesn’t mind, I will go want to thank him for letting me be extend a moratorium that says States, ahead a few more minutes and give a his partner and say to Senator ENZI of cities, and counties cannot tax access couple of examples of why the com- Wyoming and Senator VOINOVICH of to the Internet. promise is a good idea. Fundamentally,

VerDate Aug 31 2005 02:24 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G30OC6.051 S30OCPT1 cnoel on PRODPC60 with SENATE_CN S13568 CONGRESSIONAL RECORD — SENATE October 30, 2007 it is a good idea because it achieves about a year. The reason was because ernor, he was Chairman of the National these three objectives: those affected by it—the entrepreneurs Governors Association—so was Senator No. 1, it updates the definition of of America and the mayors, the cities, VOINOVICH. We have three Members of what we mean by access to the Inter- the Governors and county officials— the Senate who previously were Gov- net. It updates that definition. helped us a lot by getting together, re- ernors and led the National Governors No. 2, it avoids most unfunded Fed- solving their differences, and under- Association. We fought hard as Gov- eral mandates. In other words, States standing each side has a legitimate ernors in order to convince the Con- that are now collecting—in effect, a point. gress to pass the law that President sales tax on access to the Internet or, I am glad to be a part of it. I am glad Clinton signed in 1995: No unfunded in some States, a gross receipts tax—in to engage in this colloquy with Senator mandates. general may continue to do that during CARPER and I salute him for his con- We worked hard in 1998 to make sure the next 7 years. It is a limited number sistent leadership and for, once again, that as the Federal Government came of States, but it is still important to demonstrating his ability to work well in, we kind of stepped on that 1995 law, those States. with people from many different walks and said: Well, we want to change it a No. 3, it provides, after a reasonable of life and for being willing to work little bit, what you can collect in period of time, that we come back and across the aisle, when that was nec- terms of revenues. We passed the 1998 take a look at the whole issue. We fi- essary, to produce a result. legislation, the moratorium on Inter- nally decided on 7 years in the Senate Mr. CARPER. Mr. President, if I net tax access. so we can make sure the definition of could reply to the comments of my They grandfathered in about nine Internet access has not changed so the friend, he mentioned the fact that we States and said: If you are already col- law doesn’t apply correctly. If any- do things over the Internet today that lecting, you can continue to collect, thing is likely to change, it probably is frankly we didn’t think of about 10 but watch yourself there, and we said the Internet. years ago. Initially, we would do dial- to the other 41 States, the other juris- At the time the Telecommunications up. Eventually, later on, we would have dictions, if you are not collecting, you Act was last written, in the middle of other ways to access the Internet to cannot start. But the thing I like about the 1990s, I doubt, with all respect, that send our e-mail or instant messaging. I the legislation, we are respectful of the most Members of the Senate even knew never imagined 6 years ago we would grandfathers, the nine States; they can what the Internet did, much less used ever be able to do telephone calls over continue to collect taxes as they have it. In 1998, when the first moratorium the Internet. In my State and other in the last 8 or 9 years. But they can and the definition of Internet access States as well, those States and local not do something new or different. tax was written, all we knew about was government depend on revenues they By the same token, if they are col- a telephone dial-up Internet. Yet, by raise from telephone services to help lecting tax revenues on traditional 2004, we had to refashion a definition of pay for schools, to help pay for police, services such as telephone and cable, access to the Internet to take into ac- paramedics, fire service. they are going to be able to continue to Now we have moved along. Folks are count that suddenly telephone calls do that. I do not know about the rest of actually able to send TV, apparently, were being made over the Internet, and you, but I was reminded of this—my over the Internet. In a bunch of juris- States and local governments cur- boys have grown up in public schools in dictions, not so much States but local rently collect billions of dollars in Delaware. It is important that my governments, they actually derived local taxes from telephone services. State have the ability to collect taxes some of their revenues, not inconsider- If the Federal Government banned to help educate our children in my able, over the years from cable services that, then States would either have to State and other States, every other and a tax on cable services they col- raise tuition or raise some other taxes State. or cut services. So we decided, in 2004, lect. My dad used to say different things. We have paramedic service in our that we didn’t mean to keep States Probably everybody can remember State, statewide paramedics. We have from making the decisions about serv- much of what your mom and dad said fire and police. It is important to me ices and taxation that they had already in your lifetime. One of the main that the city of Wilmington, in which I made, except for the connection of ac- things I remember my dad saying to live, has revenues that they need to cess to the Internet. That didn’t just my sister and me is there are two make sure we are safe; that if we pick favor States and local governments, for things certain in life: One of them is up the phone for 911, somebody is going us to figure that out and be accurate in death, the other is taxes. to come if we need them; if we have a our definition. It also was of great ben- One of the other things that is cer- fire in our house or in our neighbor- efit to the industry because, for exam- tain in life is change, particularly hood, that someone is going to come ple, some States were taxing what is change with respect to technology and and put it out. I want to make sure our called the backbone of the Internet, change with respect to how we use the city and other communities have the which was not intended to be left out Internet. One of the beauties of the revenue they need to do that. of the moratorium. compromise we have hammered out The last thing I would say here—and This compromise, which Senator here with a lot of hard work and sup- this goes back to something my dad CARPER, Senator SUNUNU and many port from Senator ALEXANDER and his used to say to my sister and me, when others have worked out, I think, in the staff member sitting right beside him, we would pull some boneheaded stunt. spirit of our country, takes two very Lindsey, and on our side I especially I must have done it a lot, because he important principles—laissez faire and thank Bill Ghent and Chris used to say: Use some common sense. federalism—and notices that they con- Prendergast for all their hard work and He must have said that 1,000 times dur- flict in this question but comes to a particularly our committee staffs who ing the time I was a little boy to the reasonable compromise end result. So did a great job—but one of the beauties time I left and went off to college: Use what we have is an updating of the def- of the compromise we worked out is we some common sense. inition of what we mean by access to have to come back and revisit this I think what we have here, as my col- the Internet. What we have is avoiding, issue somewhere down the line 7 years league said last week, a victory, a vic- for the most part, unfunded Federal from now. tory for common sense, a victory for mandates. And what we have is a rea- The reason why that is important is bipartisanship, a victory that protects sonable period of time in which we can because this is going to change. This the rights and interests and obligations come back and revisit the issue, to technology is going to change. Our of State and local governments, a vic- make sure that what was happening in ability to use the technology and what tory for those of us who want to have 2007 is still what we mean by the Inter- we do with the Internet will change. It access to the Internet and not be en- net in 2014. will be different 7 years from now. It is cumbered by additional taxes. It is a I am glad to have been a part of this important for us to have the ability to victory in all of those areas. discussion. It went much better this come back. It has been a pleasure working with year than it did in 2004, when we I certainly lend a strong ‘‘amen’’ to Senator ALEXANDER and our colleagues couldn’t come to an agreement for what Senator ALEXANDER said. As Gov- on this one. We can set this one aside

VerDate Aug 31 2005 02:24 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G30OC6.053 S30OCPT1 cnoel on PRODPC60 with SENATE_CN October 30, 2007 CONGRESSIONAL RECORD — SENATE S13569 for a while—I am sure we are both hood, and some of them are good about the time he was receiving help pleased to do that—and go on and memories and some of them are inter- for his mental issues in a hospital and maybe work on clean air issues, try to esting memories and some of them are how he went long periods of time with- figure out how to protect the health of sad memories. out recording. But through the years, folks who are breathing sulfur dioxide I remember as a child being kind of he had 29 top 10 hits, including ‘‘Green, and nitrogen oxide, and try to figure forced to watch a TV program that, Green Grass of Home,’’ ‘‘Skid Row out how to do something with respect frankly, probably was not my favorite, Joe,’’ and ‘‘The Cold Hard Facts of to climate change and maybe figure but now, as I look back on it, I under- Life.’’ out how to use nuclear energy more ef- stand why my great-aunt and some of There was this young blonde who he fectively, to make all of that possible. the other friends and neighbors I lived made famous. He asked her to come This has been a good—not a day’s with and near in southwest Missouri and sing with him on his show. It is work but many months’ work. I am de- loved Porter Wagoner. now well known who that young blonde lighted with the outcome. I thank my Porter Wagoner has died of cancer at was because that, in fact, was Dolly colleague and our colleagues who have the age of 80. He lived in Nashville, but Parton. If it were not for Porter Wag- worked with us and our staffs for get- he is one of Missouri’s. He is a Missou- oner, Dolly Parton maybe never would ting us to this point. rian who went on to distinguish him- have gotten the chance she needed to The House of Representatives voted self in country music. I know his fu- catapult her into the culture of coun- this afternoon. They took this up under neral will be Thursday at Nashville’s try music in this country. suspension of the rules, the legislation Grand Ole Opry House. When his life is He never had the kind of fancy suc- we passed here last week. They passed celebrated at his funeral, I know hun- cess that many of our stars have today, the 7-year extension of the moratorium dreds and thousands of Missourians but he was like country music. His life on Internet access unanimously, over will feel the loss of Porter Wagoner. went up and down, with very hard be- 400-some votes to none. So we can feel Porter Wagoner’s life was a country ginnings in terms of what he came good about that when we go home music song. He was born on a farm from. He achieved great success and today. near West Plains, MO. My mother’s Think about it. We have passed a had low moments. family has their roots in West Plains, good Amtrak bill, good passenger rail But through it all, his style was very MO. This is the heart of the Ozarks in bill, worked across the aisle, thought simple—a very simple country music the center of the south of Missouri. He outside the box. We did the same kind style. was from a family that was very poor, of thing with respect to protecting the In fact, it was very common for him who literally lived off the land. rights of consumers, without stepping to use the talking style where he would In fact, Porter Wagoner bought his on the rights of State and local govern- stop singing and actually talk through first guitar for $8. The way he paid for ments. I think we can be proud of that. a song, telling the story, weaving the that guitar was he trapped rabbits and I am, and I know my friend Senator tale, tying the threads together, so the sold the rabbit skins and saved up $8. listeners, before the song was over, not ALEXANDER is as well. I yield to him for any last comments His family fell on hard times, and only found themselves tapping their he wants to make. they had to auction the farm. So they toe or smiling, but they would find Mr. ALEXANDER. I thank the Sen- had to move into the city, the city of that the heartstrings were being ator and the Presiding Officer. West Plains, MO, where Porter Wag- pulled. They would have an emotional Maybe the next thing we can do as a oner got a job at the butcher shop. The connection to Porter Wagoner’s music Senate is take up the Senator from butcher heard Porter Wagoner playing and the lyrics he considered so impor- Colorado’s legislation that I cospon- that $8 guitar he had gotten from tant to the essence of country music. sored, and a number of others have, on Montgomery Ward and asked him to I know everyone in Missouri will an honorable conclusion to the war in sing in the commercials for his butcher miss Porter Wagoner. We have tributes Iraq, and pass that. And then the shop on the radio—and a star was born. to a lot of people on this floor. I know American people might notice that After he began singing in the com- the people in West Plains, MO, are so with public transportation, with the mercials for the butcher shop, they proud of him. In fact, I say to the Pre- Internet, and with the war in Iraq, the eventually then put him on the radio siding Officer, right now, if you trav- Congress was actually working to- to sing the advertisements in an area eled with me to West Plains, MO, and gether on issues that make a difference where people in Springfield, MO—the we turned onto the main drag, you to them and is acting like grownups big city of Springfield—heard Porter would look at the street sign, and it and achieving results. Wagoner singing in those butcher shop would be named nothing other than This has been a good several months’ advertisements, and he moved to a sta- ‘‘Porter Wagoner Boulevard.’’ work. I thank you for the privilege of tion in Springfield, MO. He had a band called the working with you. In 1952, he signed a record contract Wagonmasters. I yield the floor. with Steve Sholes, the very same RCA Tonight in Missouri—all across rural Mr. CARPER. Mr. President, I sug- producer who signed Elvis Presley 3 Missouri and in the urban areas of Kan- gest the absence of a quorum. years later. sas City and St. Louis—all the country The PRESIDING OFFICER. The In 1953, Porter Wagoner spent $350 to music fans are proud of the fact he was clerk will call the roll. buy his first extravagant rhinestone- one of Missouri’s own. Not only will The bill clerk proceeded to call the studded creation that he became country music miss him, we will miss roll. known for. He always had these incred- him in Missouri and what he has meant Mrs. MCCASKILL. Mr. President, I ible outfits that were very sparkly and to our State. ask unanimous consent that the order always involved a wagon wheel and Mr. President, I yield the floor and for the quorum call be rescinded. maybe had one of his signature items, The PRESIDING OFFICER (Mr. suggest the absence of a quorum. which was the fact he had put, in MENENDEZ). Without objection, it is The PRESIDING OFFICER. The rhinestones, on the inside lining of the so ordered. clerk will call the roll. coat, in great big letters: ‘‘Hi!’’ So Mrs. MCCASKILL. Mr. President, I The legislative clerk proceeded to ask unanimous consent to speak in when you would meet Porter Wagoner, call the roll. morning business for a few minutes. he would flash his jacket, and this Ms. KLOBUCHAR. Mr. President, I The PRESIDING OFFICER. Without friendly ‘‘Hi!’’ would beam out at you. ask unanimous consent that the order objection, it is so ordered. He ended up buying over 50 of these for the quorum call be rescinded. The Senator from Missouri is recog- outfits, and they epitomized the style The PRESIDING OFFICER. Without nized. we affectionately call ‘‘hillbilly de- objection, it is so ordered. f luxe.’’ They cost anywhere from $8,000 Ms. KLOBUCHAR. Mr. President, I to $12,000 apiece. ask unanimous consent to speak as in IN MEMORY OF PORTER WAGONER He had many successes. He had many morning business. Mrs. MCCASKILL. Mr. President, ups and downs in his life. In fact, re- The PRESIDING OFFICER. The Sen- there are memories you have of child- cently a record was made that talked ator is recognized without objection.

VerDate Aug 31 2005 02:24 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G30OC6.054 S30OCPT1 cnoel on PRODPC60 with SENATE_CN S13570 CONGRESSIONAL RECORD — SENATE October 30, 2007 CONSUMER PRODUCT SAFETY days, the lead in that charm went into for consumer products has changed sig- COMMISSION REFORM ACT OF 2007 his system, went into his bloodstream, nificantly in the last 15 years, and this Ms. KLOBUCHAR. Mr. President, for slowly, slowly, over a period of days, summer we saw firsthand how ill- months, news of recalled toys has and he died. When they tested him, his equipped the Commission is to protect dominated our headlines. As a mom lead level was three times the accepted our most vulnerable consumers—our and as a former prosecutor and now as level. When they tested that charm, children. a Senator, I find it totally unaccept- that charm, which was from China, was Today, the Commission is a shadow able that toxic toys are on our shores 99 percent lead. of its former self, although the number and in our stores. As my 12-year-old What is most tragic about this little of imports has tripled—tripled in re- daughter said when her favorite boy’s death is that it could have been cent years, and as my colleagues know, Barbies were recalled: Mom, this is get- prevented. He should have never been all of these recalls recently have been ting serious. given that toy in the first place. It toys from China, literally millions and Today, the Senate Commerce Com- shouldn’t take a child’s death to alert millions of toys. The number of the mittee on which I serve took action to us to this problem, but that is what we Commission’s staff and inspectors has stem the tide of recalls, to finally take have seen across this country. Parents been reduced by more than half, drop- lead out of children’s products, to es- should have the right to expect that ping from a high in 1980 of 978 to just tablish real third party verification, to toys are tested and that problems are over 400 today. In total, the Consumer simplify the recall process, to finally found before they reach a toy box. Product Safety Commission has only make it illegal to sell a recalled prod- The legislation I originally intro- about 100 field investigators and com- uct, and to get the Consumer Product duced to address this problem, the lead pliance personnel nationwide. Safety Commission more resources. ban, is what is included in this bill that Even worse, we now know the Com- Our bill is the Consumer Product Safe- we passed through the committee mission has only one toy inspector. His ty Commission Reform Act of 2007, and today. It basically says that lead in name is Bob. He worked in kind of a it is some of the most sweeping reform any children’s product shall be treated makeshift laboratory, and he is retir- we have seen in years and years and as a hazardous substance. It sets a ceiling at the end of this year. years of this agency, which is really ing for trace levels of lead, and it em- Repeatedly this year, we have seen now a shadow of its former self. powers the Consumer Product Safety that the Consumer Product Safety I would like to thank the Commerce Commission to lower the ceiling even Commission’s recall process can be Committee chairman, Senator INOUYE, further through rulemaking as science very slow. In some cases, such as the for his work on this bill, as well as and technology allow. It sets the level recalls of the Simplicity cribs and the Commerce Consumer Subcommittee at .04, which is slightly below the vol- Magnetix toys, years passed between chair, Senator PRYOR, for his work, as untary guideline they have been using when the Consumer Product Safety well as Senator DURBIN and Senator at the CPSC—.06. Several other States Commission was first alerted to the BILL NELSON. We all worked together have levels around .06. problem and when it acted to recall the to put together a very strong bill. To It also sets a lower level for jewelry product in question—the result of an me, the focus is simple. We need to get at .02 parts per million, which is basi- outdated provision that places the in- these toxic toys out of our children’s cally the level that is taking effect in terests of manufacturers before the in- hands. California. The reason for that is not terests and safety of consumers. Today’s action by the Commerce just little kids, 4-year-olds swallowing The legislation passed by our Com- Committee sends to the Senate floor charms like the sad, tragic case in Min- merce Committee today goes a long our opportunity to effectively ban lead nesota, but also actually junior high way in modernizing the Commission. from all children’s products—not just and high school girls chewing on jew- This legislation more than doubles the voluntarily, not just as a guideline, but elry. It is the most direct way to get CPSC’s budget authorization by the with the force of law. I think it is lead into their system, and that is why year 2015—a dramatic change—and it shocking for most parents when they we set the trace lead level lower for provides the Commission with the tools realize that we never had a mandatory jewelry. That was what we proposed in it needs to enforce our consumer pro- ban on lead in children’s products. We my bill, and that is the standard that tection laws. never had that in this country. It was is now included in the Commerce bill Today’s legislation will also make it a voluntary guideline, and it takes a which is headed to the floor. illegal to sell a recalled toy, finally long time, and there are delays and Just yesterday, Consumer Reports taking action against those bad actors delays and all kinds of loopholes and released the results of 4 months of lab- out there who are knowingly leaving requirements that have led us to the oratory testing for lead in children’s recalled products on their shelves or situation that we are in now. products, and what they found was placing them for sale online. As millions of toys are being pulled alarming: high levels of lead in items I do at this moment thank some of from store shelves for fear of lead con- ranging from toys to jewelry to vinyl the retailers that have been working tamination, it is time to make crystal backpacks, to lunch boxes. According with us on this bill, including Target clear that lead has no place in chil- to a poll released by Consumer Re- from our State of Minnesota, as well as dren’s products. ports, 36 percent of consumers say they Toys ‘‘R’’ Us, whose CEO testified be- The need for this ban for me is crys- will be buying fewer toys this holiday fore our Appropriations Committee and tallized from a case that happened in season, and 70 percent said they will be was positive about moving forward and Minnesota. Any parent can tell you the checking product labels. It is clear that understood the need to beef up the first place a new toy goes is in a little consumer confidence in the safety of tools for the CPSC, as well as increase child’s mouth, but that shouldn’t be our toys has been shaken. resources for that agency. our first test for lead, as you will see For 30 years, we have been aware of Finally, I was pleased to see incor- with what happened in this case in the dangers posed to children by lead porated into our bill today the idea Minnesota. paint. It shouldn’t have taken us this that we need to make it easier for par- Last year, 4-year-old Jarnell Brown long to take lead out of their hands ents to identify the toys when a recall got a pair of tennis shoes at the store and out of their mouths, and it is the happens. First of all, when a recall hap- with his mom, and with that pair of Consumer Product Safety Commis- pens, we need to make it easier to get tennis shoes came a free charm. His sion’s job to do just that. the information. I have talked to par- mom didn’t buy that charm, he didn’t In recent months, it has become all ents who have neighbors who put an e- buy that charm, but they brought it too obvious that this commission needs mail under their door, and that is how home, and he swallowed that charm. much reform and that it is long over- they found out about it. He didn’t die from ingesting the charm. due. As we all know, the Consumer The other way is to make it easier. He didn’t choke on it. It wasn’t that Product Safety Commission’s last au- When they know there is a recall, cur- his airway was blocked. He just swal- thorization expired in 1992, and its rently, there is no requirement for a lowed this little charm and it went statutes have not been updated since batch number or a date on these toys. into his stomach and over a period of 1990. Not surprisingly, the marketplace When Thomas the Train Set is recalled,

VerDate Aug 31 2005 02:24 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G30OC6.056 S30OCPT1 cnoel on PRODPC60 with SENATE_CN October 30, 2007 CONGRESSIONAL RECORD — SENATE S13571 the parents are going through the ca- America’s reputation internationally closest counsel to the President, we boose, the green car, and the yellow has been severely damaged and critical know what his views are in terms of car, trying to figure out do they have military, diplomatic, and intelligence the role of Congress and our constitu- the car that was recalled. Obviously, resources have been diverted from the tion. He is not alone. President George they don’t always remember the date war in Afghanistan—a war I supported, W. Bush has shown similar disregard they bought it. This can be easily fixed and a country this administration has for the role of Congress and the law by putting a batch number on the toy. increasingly neglected. And now, after with his regular use of signing state- Obviously, you cannot do it on things so many errors, so many lives, and so ments. Let me read an excerpt from his such as Pick Up Stix, on individual much damage, this administration is signing statement from the 2002 Iraq sticks. We are reasonable about this. again raising the prospect of yet an- war resolution. President Bush wrote The bill says ‘‘when practicable.’’ You other war in the Middle East—this that while he appreciated receiving can put it on the toy where you can time a war with Iran. congressional support, read it. It also requires that the batch I fear this administration has learned My request for it did not, and my signing number be put on the package. The nothing from the colossal error, colos- this resolution does not, constitute any reason it has to be put on the package sal misjudgment in the invasion of change in the long-standing positions of the is not for the parents. Except for my Iraq. Let me be clear: I am gravely con- executive branch on either the President’s mother-in-law, I think most people cerned about Iran’s activities in the re- constitutional authority to use force to throw the packaging away. gion and its nuclear agenda. But any deter, prevent, or respond to aggression or other threats to U.S. interests or on the con- It needs to alert smaller retailers and offensive action against Iran must be stitutionality of the War Powers Resolution. people selling things on eBay. The approved by Congress. The Constitu- The President was appreciative that major outlets, such as Target, are able tion is very clear: Article 1, section 8 Congress, the majority of Congress, to, once they find out what the batch vests in Congress the power to declare gave their support for his war in Iraq. number is, close down their register so a war. Our Founding Fathers did this He made it abundantly clear at his those toys cannot get through. If you for an important reason. Taking a na- signing statement he didn’t believe it are selling it on eBay or if you are in tion into war is a serious decision and was necessary. a smaller store, you may have to look must be decided with the consent of And in October 2005, when asked by at the batch number to find out, such the people. The Framers wisely gave members of the Senate Committee on as a parent would, what is recalled. Congress this power based on experi- Foreign Relations whether the Presi- That is why our legislation asked for ence in other nations in which their ex- dent would circumvent congressional the batch number to be both on the ecutives too easily took nations to war authorization if the White House chose toy, when practicable, and on the pack- in the pursuit of glory, ambition, treas- military action against Iran or Syria, aging. We have seen too many head- ure, or revenge. Secretary of State Condoleezza Rice re- lines this summer to sit around and In fact, as my colleague Senator plied: think this problem is going to solve BYRD of West Virginia has eloquently itself. said in the past, it is exactly during I will not say anything that constrains his authority as Commander in Chief. As a Senator, I feel strongly that it the time of war or emergency that our is important to take this step to pro- constitutional principles—checks and So now we know. Not only the Presi- tect the safety of our children. When I balances, separations of powers—are dent but the Vice President and the think of that 4-year-old boy’s parents the most critical. Secretary of State view the Constitu- back in Minnesota and about all these Recent statements by this adminis- tion, when it comes to the declaration other children who have been hurt by tration give me concern that this ad- of war, as an annoyance, not to be these toys that they had no control ministration is considering just this— taken seriously, if it would in any way over—they are little kids—we can do an offensive military action against stand in the path of a commander in better in this country. We can beef up Iran without the consent of Congress. chief’s agenda. Apparently, the Presi- this agency that has been languishing Both President Bush and Vice Presi- dent, the Vice President, and the Sec- for years, and we can put the rules in dent CHENEY have made public remarks retary of State see congressional ap- place that make it easier for them to about Iran that suggest an administra- proval for war as an option, not a fun- do their job. tion readying for military aggression. damental requirement under the Con- We cannot sit around bemoaning the We know Vice President CHENEY’s his- stitution. This should trouble every results anymore. We have to act. We toric views on fundamental checks and American. have our opportunity, and I hope we do balances in our constitution. They are Let me also be clear that nothing it quickly. disturbing. this Congress has previously said or I thank the Chair. For example, in 1996, the PBS docu- done authorizes offensive military ac- I yield the floor and suggest the ab- mentary series, ‘‘Frontline,’’ ran an tion against Iran. Nothing. sence of a quorum. episode on the fifth anniversary of the Following the attacks of September The PRESIDING OFFICER. The gulf war. It included a troubling inter- 11, Congress passed Senate Joint Reso- clerk will call the roll. view with DICK CHENEY, who was Sec- lution 23 on September 18, 2001. It au- The legislative clerk proceeded to retary of Defense during the first Bush thorized the President to use armed call the roll. administration. In it, Secretary CHE- forces Mr. DURBIN. Mr. President, I ask NEY said: against those nations, organizations, or persons against those he determines planned, unanimous consent that the order for I argued in public session before the Con- authorized, committed or aided the terrorist the quorum call be rescinded. gress that we did not need the congressional attacks that occurred on September 11. The PRESIDING OFFICER. Without authorization. I was not enthusiastic about objection, it is so ordered. going to Congress for an additional grant of This language was certainly never in- f authority. I was concerned that they might tended to allow this President to ini- well vote no, and that would make life more tiate offensive military action against IRAN difficult for us. Iran. Mr. DURBIN. Mr. President, we are President George H. W. Bush, none- Later, in October 2002, Congress now more than halfway through our theless, wisely sought, and received, passed the Authorization for Use of fifth year in this war in Iraq. We find congressional approval. Yet incredibly, Military Force Against Iraq Resolu- ourselves stuck as an occupier in a Secretary of Defense CHENEY said at tion. It authorized the President to use Middle East civil war. Thousands of the time: armed forces our sons and daughters have been If we had lost the vote in Congress, I would to defend the national security of the United killed or injured. The total financial certainly have recommended to the Presi- States against the continuing threat posed cost may be well over $1 trillion— dent that we go forward anyway. by Iraq. money, I might add, that this adminis- Those were his words as Secretary of Again, that resolution was never in- tration has borrowed against our chil- Defense. Now, not only a heartbeat tended to allow military action against dren’s future. away from the President but also the Iran.

VerDate Aug 31 2005 02:24 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G30OC6.058 S30OCPT1 cnoel on PRODPC60 with SENATE_CN S13572 CONGRESSIONAL RECORD — SENATE October 30, 2007 Even more troubling is how this ad- with flowers and parades and a trium- Kazlauskas served as an Army heli- ministration missed early opportuni- phant welcome. That lasted for such a copter pilot, chief warrant officer. ties to deal with the challenge of Iran. short period of time. And now, 3,900 After a tour of duty in the Republic of For example, shortly after the toppling American soldiers, 3,900 American lives South Vietnam, Chief Kazlauskas re- of Saddam Hussein, moderates in the later, tens of thousands who have been ceived a Bronze Star with 23 Air Medal Iranian Government faxed an offer to injured and disabled, we find ourselves Oak Leaf Clusters for flying over 800 the State Department—a ‘‘grand bar- embroiled in a conflict with no end in hours of combat time. gain,’’ they called it. It arrived at a sight. Chief Kazlauskas has provided con- time when moderates were still in This President is looking to the exit stant support, always placing the well- power in Iran and it reportedly had the on January 20, 2009. This Congress has being of his community above his own. approval of the Supreme Leader Aya- to stand with one voice, Democrats and The Commonwealth, as well as the city tollah Ali Khomenei. Republicans, and remind this President of Owensboro, has benefited greatly The grand bargain offered to put all that as he heads for the exit he from his outstanding leadership. Mr. issues on the table with the United shouldn’t head America into a new President, I ask my colleagues to join States—Iran’s support for terrorist war. We are not prepared for this. We with me in recognizing Police Chief groups in the region, its nuclear pro- don’t need this. And the President John Kazlauskas’s unwavering dedica- gram, among other things. Tragically, needs to understand what we do need is tion to his fellow officers, his commu- this administration ignored it, as it ig- a chief executive who will follow the nity, and Kentucky. nored so many diplomatic opportuni- Constitution. f ties prior to the invasion of Iraq. Hell- f bent on use of our great military, it ig- TRIBUTE TO LIEUTENANT COLO- nored a diplomatic opportunity that TRIBUTE TO POLICE CHIEF JOHN NEL GEORGE WARFIELD FLOYD could have been historic. The Iranian KAZLAUSKAS CHAPMAN moderates were discredited, replaced Mr. MCCONNELL. Mr. President, I Mr. MCCONNELL. Mr. President, by hard-line elements who today are wish to pay tribute to John today I wish to pay tribute to LTC pursuing more reckless policies in the Kazlauskas, who after 41 years of dedi- George Warfield Floyd Chapman, a war region. cated service, will be retiring as the hero who sacrificed much to ensure the A war with Iran could have dev- Owensboro, KY, chief of police this No- safety and freedom of his fellow Ameri- astating consequences. It could further vember. cans. inflame an already intense Middle Ever since his start at the Owensboro Lieutenant Colonel Chapman re- East, further radicalize terrorist orga- Police Department in 1966, Chief cently passed away at the age of 92, nizations, lead to more death and dis- Kazlauskas has been committed to the leaving behind a great legacy of faith, ability, and severely disrupt trade and progress of the department and to the courage, and honor. Born in Lovely, oil shipments in the Middle East. It safety of his community. His dedica- KY, in January 1915, Lieutenant Colo- could entangle our beleaguered mili- tion and hard work allowed him to nel Chapman graduated from Pike Jr. tary in yet another complex, long-term quickly progress from a patrol officer College in 1937 and from Eastern Ken- conflict. to captain, and ultimately to the high- tucky University in 1940. Richard Armitage, President Bush’s est rank within the department, chief In 1941, Lieutenant Colonel Chapman former Deputy Secretary of State, of police, in 2002. was drafted and commissioned a second warned us. He said: Throughout his tenure, Chief lieutenant in the U.S. Army Infantry It would be the worst of worlds for an out- Kazlauskas has played a vital role in Division. In 1943, shortly after going administration to start a conflict. developing several innovative internal marrying his late wife of 64 years, How right he was. Accordingly, any programs that have modernized the de- Katherine Carole Coble, he was sent to such decision must be taken seriously partment. Chief Kazlauskas helped to Europe to fight in World War II. and with deliberation. create the evidence collection unit and In 1944, Lieutenant Colonel Chapman Last week, I introduced a resolution the polygraph unit. Chief Kazlauskas was captured by the German Army dur- affirming in very plain, concise lan- also assisted the department with its ing the Battle of Anzio, Italy, a tragic guage the constitutional requirement accreditation process, which involved conflict that witnessed the staggering that this President, any President, implementing 120 standards required loss of many British and American sol- must seek congressional approval be- by the Kentucky Association of Chiefs diers. He then spent the next year in fore initiating an offensive military ac- of Police. prisoner of war camps in Germany and tion, such as one in Iran. Perhaps that As chief, Mr. Kazlauskas helped im- Poland, wounded and enduring great time may inevitably arrive—I hope prove the services offered by the local hardships and suffering. not—but if it does, this President can- police department by further expand- Lieutenant Colonel Chapman was not stand alone or act alone. The Con- ing the bomb squad and emergency awarded the Silver Star and two Purple stitution requires that he come to this teams, ensuring police cruisers had Hearts for his wartime service, but in Senate and the House of Representa- modern mobile data terminals, and no way do these truly reflect all that tives in the Capitol to make his case to overseeing the implementation of an he gave for his country. the American people. electronic management system, pro- After his return from Europe, Lieu- I recall his press conference of 2 viding a major overhaul to the records tenant Colonel Chapman and his wife weeks ago. The President brought up department. Katherine moved to Texas where they an image which was hard to com- Chief Kazlauskas also made a signifi- raised three sons. Lieutenant Colonel prehend—the image of a third world cant impact throughout Owensboro, in- Chapman worked in production for the war, a third world war if we didn’t take creasing the community involvement Continental Oil Company and remained action against Iran. I know Iran is a with the department by putting into active in the U.S. Army Reserve, retir- threat in the region, I know they spon- place the Citizens Advisory Panel, ing as a lieutenant colonel. By the sor terrorism, I know a nuclear Iran is Crime Stoppers, and creating a public time he retired from the Continental not a stabilizing force but a desta- information officer position within the Oil Company in 1962, he had earned a bilizing force, and yet for this Presi- department. These steps have built a master’s degree from Texas A&I Uni- dent to walk away from economic sanc- trusting relationship between the citi- versity. tions, diplomatic alternatives, and to zens of Owensboro and local law en- Lieutenant Colonel Chapman was a suggest that the military is the only forcement, making them partners in hard worker who not only dedicated way to prove our resolve is to once keeping their neighborhoods safe. much of his life to his country but also again remind us that 5 years ago this Chief Kazlauskas not only spent his to his family as a devoted husband and same President came to us and asked career ensuring the safety of his com- exceptional father. He was also a histo- for the invasion of Iraq. munity, but also contributing to the rian, maintaining an excellent knowl- I remember Vice President CHENEY safety of this Nation. Drafted into the edge and passion for understanding life, telling us our soldiers would be greeted armed services in 1968, Chief history, and politics.

VerDate Aug 31 2005 02:24 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G30OC6.059 S30OCPT1 cnoel on PRODPC60 with SENATE_CN October 30, 2007 CONGRESSIONAL RECORD — SENATE S13573 Mr. President, Lieutenant Colonel WOMEN’S LUNCH PLACE IN which I believe will greatly assist our Chapman will be forever remembered BOSTON citizens in their desire to research not only as a hero of World War II, but Mr. KENNEDY. Mr. President, I wel- their family history. The National Ar- also as a hero in the hearts of his become this opportunity to commend chives and the Departments of Defense, loved family members. They treasure Women’s Lunch Place in Boston, MA Veterans Affairs, the Interior, Com- the gifts he gave to them and to his for 25 years of dedicated service to merce, and Justice have all undertaken country. Lieutenant Colonel Chapman women in need in the Boston area. efforts to make digital copies of Amer- belongs to a select group of individuals The persistence of homelessness in ican records accessible through the to whom our country will forever be in- our State has long been a focus of con- Internet. Once completed, these pro- debted. I would ask my colleagues to cern and attention for many of us in grams will ensure that countless his- rise today in honor of all those who Boston and throughout our Common- torical documents, including military, gave so much to this country, includ- wealth. Homeless persons each have census, court, land, justice, and pro- ing a great Kentuckian, LTC George their own story of their unique cir- bate records as well as photographs, Warfield Floyd Chapman. cumstances, but they teach us the newspapers and other sources of histor- same lesson—that we must deal more ical information will be preserved for f effectively with the causes of home- generations to come. lessness, such as drug abuse, poverty, As you might expect, Mr. President, EASTER SEALS domestic violence, mental illness, and scanning billions of documents is a daunting, as well as expensive, task. Mr. KENNEDY. Mr. President, the the lack of basic skills and adequate education. Realizing this, Federal agencies have charitable sector has long been an im- created numerous public-private part- portant partner with government in All the members of Women’s Lunch Place and its supporters take well-de- nerships with various companies meeting the needs of the disabled. For throughout the country, including more than 85 years, Easter Seals has served pride in the outstanding work they have done over the past 25 years some from my home State of Utah. partnered with individuals, families, Many of these companies do so out of businesses, communities, and govern- in providing needed assistance for the countless numbers of women who have an interest in helping the public gain ment to help children and adults with access to important documents and are disabilities live, learn, work, and par- walked through its doors. They have made a remarkable difference in the not wholly motivated by profits or ticipate in their communities. gain. The expertise provided to the Each year, Easter Seals assists more lives of those they have touched so deeply, and all of us in Massachusetts government by many Utahns have than 1 million people through its na- made it easier for agencies to scan, tionwide network of community-based are proud of their achievement. The strong commitment of Women’s index, and preserve various records for organizations. These affiliates provide posterity. Private organizations have top-quality, family-focused, and inno- Lunch Place has enabled these women to embark on a new life and equipped also worked with government archi- vative services to meet the specific vists to devise disaster plans in order needs of the particular community it them with the support of a community and a newfound optimism for their fu- to protect vital records from being deserves. stroyed in event of catastrophe. Last year, more than 72,000 children ture. As it continues its mission and its ever-expanding possibilities in the The importance of protecting and received early intervention and child- preserving the history of our country hood development services through years ahead, I commend Women’s Lunch Place for all it does so well. cannot be overstated. Recent events, Easter Seals. Over 54,000 adults with such as Hurricane Rita and the fire in disabilities learned the skills and f the Washington, DC Library, have dem- gained the confidence needed to seek IMPORTANCE OF FAMILY HISTORY onstrated the need to be proactive in meaningful employment because of preserving the records of our Nation’s Easter Seals’ job training programs. Mr. HATCH. Mr. President, today I past. Almost 35,000 children and adults with wish to speak on a topic that is of Mr. President, I want to commend disabilities participated in confidence- growing importance to many through- those, both in the government and the building activities at Easter Seals’ out our Nation, especially in my home private sector, who have worked to pre- camping and recreation programs. Tens State of Utah. That subject is family serve our Nation’s heritage for future of thousands of children and adults history. generations. As one who has long been with disabilities received life-changing As many of my colleagues know, I interested in family history, I am ex- medical rehabilitation therapies and have always been a strong believer in tremely grateful for their efforts. case management services from Easter the importance of researching personal Seals. family history and learning more about f Easter Seals has long been an effec- our roots and heritage. For some, it is tive advocate and important resource a hobby; for others, it is a passion to GUN VIOLENCE on policy issues affecting people with collect, preserve, and share geneal- Mr. LEVIN. Mr. President, it has disabilities and their families. Its ogies, personal histories, and memora- been 5 years since the sniper shootings founder, Edgar ‘‘Daddy’’ Allen, lobbied bilia that document the life and times that paralyzed the Washington, DC, the Ohio Legislature to fund services of families around the world. area came to an end. At 3:19 in the for children with disabilities in the Studies show that a large majority of morning on October 24, 2002, the Fed- 1920s. Today, thousands of Easter Seals Americans have an interest and are ac- eral Bureau of Investigation arrested volunteers and staff from across the tively involved in tracing their fam- John Allen Mohammad and John Lee country will continue in ‘‘Daddy’’ Al- ily’s history. Indeed, millions of indi- Malvo, putting an end to their reign of len’s footsteps, meeting with their leg- viduals throughout the United States terror. Over the course of 23 long days, islators to discuss the importance of and the world continue to utilize our these two individuals randomly shot low-income working families being Nation’s libraries and archives to and killed 10 innocent people and criti- able to obtain health insurance for search the records that detail the his- cally injured 3 more. their children. tory of our Nation, our States, our Following their arrests, John Lee Earlier this month, Easter Seals held communities, and our citizens. In re- Malvo was sentenced to life imprison- its national convention in Washington, cent years, the Internet has also be- ment, and John Allen Mohammad was DC, and its supporters met with Mem- come an invaluable tool for those seek- sentenced to death. Many community bers of the House and Senate to discuss ing to learn more about where they leaders urged action on gun safety leg- its worthy mission. It is one of Amer- came from and what legacies they have islation. However, how much has been ica’s most respected and effective char- inherited. done to help prevent such incidents? itable organizations, and I join my col- I have been pleased to learn that sev- Last month the Federal Bureau of In- leagues in congratulating them on a eral agencies throughout the Federal vestigation released its latest ‘‘Crime very successful convention. Government have established programs in the United States’’ report, detailing

VerDate Aug 31 2005 02:24 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G30OC6.024 S30OCPT1 cnoel on PRODPC60 with SENATE_CN S13574 CONGRESSIONAL RECORD — SENATE October 30, 2007 local, State, regional and national sta- try to balance the cost of such neces- power to serve and enforce subpoenas tistics for 2006. According to the re- sities as home heating oil, prescription outside of the traditional 100-mile ra- port, 14,990 people were murdered in drugs and food on their tables. The En- dius of the Southern District of New the United States last year alone. This ergy Information Administration fore- York, even in the very cities where the is an increase over 14,965 murders in casts that the average U.S. household hijacked flights originated and where 2005, and 14,210 in 2004. Of the 14,990 will see a winter increase of 22 percent two of them crashed on the morning of murdered in 2006, 10,177 people were in heating-oil expenditures from last September 11. killed by a firearm. In Michigan alone, year. In fiscal year 2006, Congress ap- We were able to pass a legislative fix there were 711 murders last year, 498 propriated over $3 billion for the crit- to this problem recently in the Senate. involved a firearm. These numbers are ical Low Income Home Energy Assist- I understand that the House of Rep- simply staggering. ance Program, LIHEAP. Yet in his fis- resentatives is poised to pass the Sen- Gun violence is preventable. However cal year 2008 budget, President Bush ate bill today. I praise my colleagues it requires action. In order to reduce has requested only half that amount, on both sides of the aisle and in both the level of gun violence in our homes or $1.5 billion. While LIHEAP grants Chambers for acting to provide nation- and communities, Congress must pass are decreasing, the number of applica- wide service of subpoenas for the Sep- common sense legislation to keep guns tions is rising. tember 11 victims. Although no out of the hands of children and crimi- The American consumer is being amount of compensation can replace a nals. harmed for the benefit of oil producing lost loved one, the Procedural Fairness Without action, guns will be found cartels. This is just wrong. When the for September 11 Victims Act offers a increasingly in our high schools, uni- President took office, Americans could technical fix that is crucial to allowing versities, religious institutions, and fill their cars, heat their homes, and victims and their families to have their our homes. Some of us in Congress run their businesses on gasoline that claims fairly and thoroughly heard in have heard voices cry of families, edu- cost $1.45 a gallon. Today, fuel prices court. I urge the President to sign this cators, and police officials around this have skyrocketed to an average $2.87 a legislation into law without delay. country and continue to work to pass gallon. Prices will, at times, fall, but f sensible gun legislation, which would because fuel prices are not properly limit access to guns by prohibited per- subject to competition oversight and REPATRIATION OF REMAINS OF sons, close the gun show loophole, re- enforcement, the American consumer VIETNAM VETERANS authorize the assault weapons ban and will only benefit from lower prices Mr. TESTER. Mr. President, I rise aid law enforcement agencies in track- when it serves some other purpose of today to honor the return of the re- ing gun traffickers. Congress needs to the cartel and foreign governments. mains of LTJG Donald F. Wolfe, whose address these needs and do everything The administration must stop OPEC body has finally been returned to possible to reduce the levels of gun vio- from artificially affecting prices in the American soil. lence in America. United States. I joined Senator KOHL Lieutenant Wolfe—along with four of f as an original cosponsor of his bipar- his fellow Navy aviators and sailors— tisan NOPEC legislation that would was killed on October 8, 1967, when the RISING GAS PRICES hold accountable certain oil producing E–1B aircraft they were flying on Mr. LEAHY. Mr. President, oil prices nations for their collusive behavior crashed near Da Nang in heavy weath- closed at another record high yester- that has artificially reduced the supply er. The bodies of these brave Navy day over $93.50 a barrel. That is nearly and inflated the price of fuel. servicemen could not be recovered at triple the average price just 4 years When entities engage in anticompeti- the time due to weather, terrain and ago, and we have reason to fear that oil tive conduct that harms American con- hostile activity. may be on its way to over $100 a barrel sumers, it is the responsibility of the But today, almost exactly 40 years and possibly to $120 a barrel. Gas prices Department of Justice to investigate after this terrible incident, the remains are reportedly 65 cents a gallon higher and prosecute. It is wrong to let mem- of Lieutenant Wolfe and his colleagues than they were just a year ago. This is bers of OPEC off the hook just because are back home, bringing peace of mind an unacceptable burden to hundreds of their anticompetitive practices come and closure to his family at long last. thousands of families across the coun- with the seal of approval of national One of the great stains on the history try, and it harms American consumers governments. of this Nation is the way that many of as well as the American economy. This It is time for the administration to our Vietnam War veterans were treated winter, the price of home heating oil take the side of American consumers, when they returned home from war. will be a serious burden on thousands not the side of oil cartels. We cannot We should be honest with ourselves of Vermonters. claim to be energy independent while and with our veterans: The way that The relentless rise in oil prices we permit foreign governments to ma- many of these veterans were treated should be another clear signal that we nipulate oil prices in an anticompeti- during this time was wrong, and that need to redouble efforts toward energy tive manner. Vermont families, and kind of treatment hurt our country independence. As we develop alter- families across the country, need our psychologically, and it hurt our coun- native energy sources, we must keep help to make essential home heating try militarily. focus on the artificial manipulation of more affordable this winter. Fortunately, our Nation has learned oil and gas prices today. Demand for f from that sorry episode. I take comfort oil is rising, but members of the Orga- in the fact that despite our vigorous nization of the Petroleum Exporting PROCEDURAL FAIRNESS FOR disagreements about the Iraq war, all Countries, or OPEC, continue to SEPTEMBER 11 VICTIMS ACT of us in this Senate and in our home- collude to prevent the supply from Mr. LEAHY. Mr. President, in the towns and States honor those who matching that demand. As the Centre days following the terrorist attacks of serve there. for Global Energy summarized it: September 11, Members of Congress on And today we have an opportunity to ‘‘Without more oil from OPEC, prices both sides of the aisle came together to make sure that these five men get the will continue to rise over the winter.’’ pass comprehensive legislation entitled welcome home that all our troops de- In a properly functioning market, ‘‘The Air Transportation Safety and served. We should stop to honor their OPEC members would compete to serve System Stabilization Act.’’ This meas- memory and their service. It is not too the demand, but OPEC acts outside the ure provided victims the option of fil- late to say to these men and their fam- basic principles of competition. ing a claim with a national compensa- ilies: Thank you. As the weather cools, rising prices tion program or seeking limited dam- I intend to observe a moment of si- for heating oil are an even greater ages in one Federal district court—the lence this afternoon in memory of cause for concern. Thousands of hard United States District Court for the these men and in memory of all those working Vermont families, seniors and Southern District of New York. Unfor- who are still classified as missing in disabled persons will experience consid- tunately, the legislation we passed action. I encourage my colleagues and erable strain in coming months as they failed to grant that trial court with the all Americans to do the same.

VerDate Aug 31 2005 02:24 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A30OC6.013 S30OCPT1 cnoel on PRODPC60 with SENATE_CN October 30, 2007 CONGRESSIONAL RECORD — SENATE S13575 There are 1,767 individuals who are This visit to the White House follows During the course of Special Agent still classified as Missing in Action by days a meeting between President Kirk’s career in Government service, from the Vietnam War. Eighteen of Bush and President Kabila of the she rose from a GS–3 computer pro- these soldiers are from Montana. Democratic Republic of Congo. I hope grammer for the Navy to a GS–15 NCIS They are: David Allinson, Helena; President Bush uses both meetings to senior special agent. In her final NCIS Richard Appelhans, Dodson; Alan reassert U.S. support for regional dia- job, she was assigned to the Navy’s Ac- Ashall, Billings; Michael Bouchard, logue and stabilization efforts. Uganda quisition Integrity Office—a high-pro- Missoula; Alan Boyer, Missoula; An- has an important part to play in ongo- file, high-impact position that put her thony Caldwell, Missoula; William ing efforts to bring lasting stability to on the inside of the Department of the Christensen, Great Falls; Jack the Democratic Republic of the Congo, Navy’s most significant procurement Dempset, Helena; Charles Dudley, particularly through participation in fraud investigations. Bozeman; Michael Havranek, Missoula; the Tripartite Plus mechanism. The Special Agent Kirk’s law enforce- Robert Holton, Butte; James Hunt, U.S. should continue to foster dialogue ment career began in the Norfolk fraud Missoula; Edward Letchworth, Libby; through that process. unit of the Naval Investigative Service, Patrick Magee, Alder; Lee Nordahl, Uganda is a major contributor to the NIS—the precursor of today’s NCIS. In Choteau; Victor Pirker, Trout Creek; African Union’s peacekeeping efforts in addition to contributing to the collec- Dean Pogreba, Three Forks; and Rob- Somalia. But the undermanned AU tive success of the office there, Special ert Willett, Great Falls. peacekeeping contingent cannot suc- Agent Kirk was singled out to receive To them and their families, you are ceed in the absence of a broader polit- the NIS Director’s Cup, distinguishing not forgotten. ical and economic strategy to stabilize her as the first-ever NIS Special Agent f Somalia. Right now, the Ugandan of the Year for fraud investigations. (At the request of Mr. REID, the fol- peacekeepers are in the hot seat, and Her early career assignments were par- lowing statement was ordered to be the rest of the world is failing to ad- ticularly fraud-focused and included printed in the RECORD.) vance the peace process and deliver the tours at NAS Oceana, Pearl Harbor, PRESIDENT’S MEETING support that they need. The United New York, and Washington, DC. Among other postings, she spent a year ∑ Mr. OBAMA. Mr. President, today States has a responsibility to lead ef- with the FBI’s Washington Field Of- President Bush is scheduled to meet fectively on this issue. I hope that the fice, working on major Government with Ugandan President Yoweri two Presidents have a frank discussion procurement fraud investigations Museveni. These heads of state have about what needs to be done to advance jointly with her Bureau counterparts. met before, but today’s meeting comes peace in Somalia. That was followed by her first assign- at a pivotal time in Uganda’s history. Of course, Uganda is deservedly ad- After more than 20 years of conflict mired around the world for its early ef- ment in the counterintelligence arena in northern Uganda in which well over forts to speak frankly and act effec- in 1996, supporting both arms control a million people have been displaced tively to fight HIV/AIDS, and I have no treaty implementation and the Navy’s and tens of thousands of children ab- doubt that the ongoing fight against International Program Office. Eighteen ducted and terrorized, peace appears to the pandemic as well as global efforts months later, Special Agent Kirk be within reach. Talks between the to combat malaria will be on the agen- transferred to NCIS headquarters to Government of Uganda and the Lord’s da for President Museveni’s meeting. serve as a desk officer in the NCIS Resistance Army, LRA, have led to Recent reports have found that a dis- Counterintelligence Directorate’s Pa- genuine improvements on the ground. turbingly high percentage of Uganda’s cific Division. However, there is still much more work young people do not have accurate in- In 1999, in what she describes as one to be done to ensure a lasting peace. formation about AIDS and about how of the most significant highlights of The United States must become a more to protect themselves. Because of its her career, she was selected to rep- active peace partner with Uganda as it renown, Uganda has a special leader- resent NCIS as a DOD legislative fellow negotiates with the Lord’s Resistance ship role to play in this struggle. on Capitol Hill. She served on the staff Army. Frank talk is needed today more than of the late Congresswoman Tillie The constructive mediation efforts of ever. Fowler, where she worked on a variety U.N. Special Envoy and former Mozam- Finally, I hope that President Bush of defense, judiciary, and other issues. bican President Joaquim Chissano de- will convey to President Museveni the As a result of Special Agent Kirk’s serve sustained, high-level U.S. diplo- sincere sympathies of the people of the presence and persistence, Congress- matic support. Two issues will be par- United States for those affected by the woman Fowler sponsored legislation ticularly difficult. First, Ugandans recent severe floods in Uganda. As that was later incorporated into the themselves will have to balance the Americans cope with the terrible Fiscal Year 2001 National Defense Au- imperative to make peace with the wildfires in California, we are all espe- thorization Act and ultimately re- clear need to hold accountable those cially sensitive to the devastating sulted in statutory arrest authority responsible for the horrifying abuses of human consequences of natural disas- being granted to civilian special agents the past. Second, leaders need to keep ters wherever they occur.∑ of NCIS—an act of Congress that to a spotlight on the vast development f this day is considered a watershed needs of the traumatized north. Paper event within the agency. plans and grand announcements will ADDITIONAL STATEMENTS Following her Capitol Hill assign- not be enough—the Government of ment, Special Agent Kirk was reas- Uganda must be committed to the signed to the NCIS Counterintelligence TRIBUTE TO VIRGINIA ‘‘GINGER’’ Directorate, where she worked on a north’s development, and the donor KIRK community, including the United host of policy issues. Thereafter, she States, must be prepared to offer real ∑ Mrs. DOLE. Mr. President, I wish to was promoted to supervisory special resources to help. pay tribute to special agent Virginia agent and posted to NCIS’s Wash- Sadly, as negotiations to end the ‘‘Ginger’’ Kirk of the Naval Criminal ington, DC, field office. While her first threat posed by the LRA continue, a Investigative Service, who is retiring year there was spent investigating pro- different source of instability—- that of from employment with the Federal curement fraud, Special Agent Kirk lawless militias in Karamoja, and the Government on October 30, 2007. Spe- and the fraud squad refocused their ef- Ugandan military’s often counter-pro- cial Agent Kirk is retiring after over 24 forts on counterterrorism concerns as a ductive, abusive response to them has years of Government service, the last result of the 9/11 attacks and the an- prevented a more complete consolida- 21 of which have been spent with NCIS. thrax threat that plagued the Nation’s tion of security in the country. The Of special note, during the course of Capital at that time. Ugandan people can never achieve their her service with NCIS, she spent a year In 2002, Special Agent Kirk trans- full potential when they feel targeted as a Department of Defense legislative ferred to the Pentagon as the NCIS li- by both their own military and ma- fellow in the office of the late Con- aison to the Joint Counterintelligence rauding criminals. gresswoman Tillie Fowler. Evaluation Office within the Office of

VerDate Aug 31 2005 02:24 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A30OC6.017 S30OCPT1 cnoel on PRODPC60 with SENATE_CN S13576 CONGRESSIONAL RECORD — SENATE October 30, 2007 the Secretary of Defense. She was sub- Spearfish community but the entire widow, Linda Mickelson Graham, sequently assigned to be Assistant Spe- Black Hills region. By forging partner- served in a leadership role on the SDCF cial Agent in Charge for Criminal In- ships and nurturing cooperation within board of directors for nine years, and vestigations at the NCIS Southeast the fish hatchery system, Steve has their oldest son, Mark Mickelson, is set Field Office, located aboard Naval Sta- given the D.C. Booth Fish Hatchery a to become chairman of the board in tion Mayport. She concluded her NCIS chance to become one of the most well- 2009. Governor Mickelson’s dream is career back in DC in the Navy’s Acqui- preserved fish hatcheries in the United alive and well within the SDCF and sition Integrity Office. States. The hatchery has become an ar- across South Dakota. Mr. President, during the course of chival site for the Fish and Wildlife The original funding for the SDCF her Federal service, Special Agent Kirk Service’s fishery materials, and a func- came from generous gifts from the has made many sacrifices. As noted tioning fish rearing facility, as well as McKnight Foundation and the 3M above, she moved frequently to meet being a tourist and economic attrac- Foundation. On their way to raising the needs of her agency, the Depart- tion for the city of Spearfish. the first $10 million, the 3M Founda- ment of the Navy, and our Nation. She For his dedicated service, Steve has tion and the State of South Dakota spent extended periods geographically been honored on both a State and na- contributed $2 million each, and the separated from her husband, who was tional level. He was named a 2007 Take McKnight Foundation added $3 million also an NCIS special agent, as each of Pride in America National Award win- as a challenge grant. Using this seed them strived to meet their own mission ner by the United States Department money as an incentive, Governor demands. She and her husband, retired of the Interior and the Hatchery Help- Mickelson and then-SDCF Executive NCIS special agent Guy Kirk, have ers Youth Volunteer Program that Mr. Director Bernie Christenson raised an bought a home on the side of a moun- Booth helped to develop was awarded a additional $3 million within 1 year to tain in Brevard, NC, where they plan to 2003 Take Pride in America National fully fund the first phase of the SDCF. take some time together to hike and Award. Today, the SDCF has grown to over explore the area. She has also set up a It gives me great pleasure to con- $70 million in total assets. Over 360 stained glass studio and plans to pur- gratulate Steve Brimm on this special funds have been established by commu- sue the artistic side of life. I know all occasion and thank him for all his nities, families, nonprofit organiza- of my colleagues join me in thanking years of service to the D.C. Booth Fish tions, and businesses to benefit South Special Agent Kirk for her many years Hatchery, the city of Spearfish, and Dakota in perpetuity. These funds proof dedicated service, and in wishing her the State of South Dakota.∑ vide support for nonprofit causes bene- ‘‘fair winds and following seas’’ as she f fiting children, senior citizens, and in- and her husband Guy embark on the dividuals with special needs. South Da- ∑ SOUTH DAKOTA COMMUNITY kotans from rural areas, Indian res- next chapter of their lives together. FOUNDATION’S 20TH ANNIVER- f ervations, and our largest cities are SARY reaping the benefits of this visionary RECOGNIZING CAMPBELL- ∑ Mr. THUNE. Mr. President, I would plan. TIMMERMAN LEGION AUXILIARY like to take this opportunity to pay Leadership has been a key compo- ∑ Mr. THUNE. Mr. President, today I tribute to a key institution in my nent to the success of the SDCF. The recognize the Campbell-Timmerman State, the South Dakota Community original leadership to get the SDCF Legion Auxiliary, unit No. 115, of Foundation, SDCF, which will cele- started, the continued leadership of the Platte, SD. brate its 20th anniversary on November board members, and dedicated staff Each year the auxiliary participates 11, 2007. This statewide organization is have all played and integral role. Cur- in the Paralyzed Veterans of America a perfect example of how private funds rent Chairman of the Board John E. pheasant hunt sponsored by the Amer- are raised in communities to ensure fu- Johnson, President Bob Sutton, and ican Legion. The auxiliary provides ture sustainability. The SDCF is a the current board leadership have set food and accommodations for many of model for those who believe there is no goals for the continued growth of the the veterans who come to hunt. better way to improve themselves and organization. This growth would not be Through their efforts, the auxiliary our great State than through working possible without committed staff mem- gives these veterans the opportunity to together to accomplish great things. bers, and two of them—Stephanie enjoy the fellowship of other veterans The SDCF was started two decades Judson and Ginger Niemann—have 20 and appreciate the great outdoors. ago by a group of leaders with a vision years of combined service to the SDCF. Organizations like the Campbell- for South Dakota. Their vision in- The relationships they have built with Timmerman Legion Auxiliary are the cluded capitalizing on the philan- donors and partners of the SDCF over backbone of South Dakota’s rural com- thropic nature of South Dakotans to the years are invaluable, and they de- munities. It is my hope that their dedi- help rural communities redevelop and serve credit for a job very well done. cation to serving our State’s veterans serve the needs of their citizens. The future for the SDCF is bright. inspires others to lend a helping hand. Strong leadership over 20 years has re- Over the next 5 years, the organization I would like to thank the Campbell- sulted in thousands of investors and will grow to over $100 million in perma- Timmerman Legion Auxiliary unit No. partners that have assisted local com- nently endowed assets. This will result 115 for their service and wish them con- munities and nonprofit organizations in $5 million annually being distributed tinued success in the years to come.∑ to achieve new levels of success. The to nonprofit and charitable causes in f original group of investors was espe- South Dakota. This commitment to cially critical, as they embraced a con- human service, economic development, HONORING STEVE BRIMM cept that has now exceeded the expec- and cultural and educational organiza- ∑ Mr. THUNE. Mr. President, today I tations of many. Over 70 communities tions in South Dakota will leave a last- honor Steve Brimm of Spearfish, SD, and hundreds of nonprofit organiza- ing legacy. for his nearly 40 years of service to the tions across South Dakota now have The success of the SDCF has come U.S. Fish and Wildlife Service. Mr. direct partnerships with the SDCF. from many areas, including unmatched Brimm is retiring from his position as Twenty years ago, under the direct public/private partnerships, strong project leader to the D.C. Booth Fish leadership of our late Governor George nonprofit organizations, local commu- Hatchery where he has served for the S. Mickelson, the SDCF was created. I nity leaders, generous contributors, past 10 years. wish that Governor Mickelson were and prudent fiscal management. On the The D.C. Booth Historic National alive today to witness the lasting leg- local level, a new generation of leaders Fish Hatchery is one of the oldest oper- acy his initiatives have given to our has been developed, with many commu- ating hatcheries in the country dedi- State. The SDCF continues to meet the nities finding the future resting in the cated to fish culture and resource man- visionary goals of Governor Mickelson, hands of these individuals. Through the agement. Under Steve Brimm’s leader- and remains committed to taking the establishment of permanent endow- ship, the fish hatchery has continued organization to levels unanticipated 20 ment funds, these local leaders are able to thrive and benefit not only the years ago. Governor Mickelson’s to envision what their communities

VerDate Aug 31 2005 02:24 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A30OC6.030 S30OCPT1 cnoel on PRODPC60 with SENATE_CN October 30, 2007 CONGRESSIONAL RECORD — SENATE S13577 will look like decades from now. This The enrolled bill was subsequently Committee on Health, Education, Labor, and is a major shift away from the men- signed by the President pro tempore Pensions. H.R. 3927. An act to temporarily extend the tality that small, rural communities (Mr. BYRD). programs under the Higher Education Act of had little or no future. 1965, and for other purposes; to the Com- Today, I extend my hearty congratu- At 4:07 p.m., a message from the mittee on Health, Education, Labor, and lations to the SDCF as the organiza- House of Representatives, delivered by Pensions. tion celebrates 20 years of ‘‘Success Ms. Niland, one of its reading clerks, The following concurrent resolutions Through Community Caring’’ in South announced that the House has passed were read, and referred as indicated: the following bills, without amend- Dakota. As the work of the SDCF con- H. Con. Res. 230. Concurrent resolution tinues, I look forward to celebrating ment: supporting the observance of Breast Cancer another 20 years of success in 2027.∑ S. 2106. An act to provide nationwide sub- Awareness Month, and for other purposes; to f poena authority for actions brought under the Committee on Health, Education, Labor, the September 11 Victim Compensation Fund and Pensions. MESSAGES FROM THE HOUSE of 2001. H. Con. Res. 234. Concurrent resolution At 2:22 p.m., a message from the S. 2258. An act to temporarily extend the calling on the Government of the People’s House of Representatives, delivered by programs under the Higher Education Act of Republic of China to respect the human 1965, to amend the definition of an eligible rights of refugees from North Korea; to the Mrs. Cole, one of its reading clerks, an- not-for-profit holder, and for other purposes. Committee on Foreign Relations. nounced that the House agrees to the amendment of the Senate to the bill f f (H.R. 3678) to amend the Internet Tax ENROLLED BILLS SIGNED MEASURES READ THE FIRST TIME Freedom Act to extend the moratorium At 5:24 p.m., a message from the The following bills were read the first on certain taxes relating to the Inter- House of Representatives, delivered by time: net and to electronic commerce. Mrs. Cole, one of its reading clerks, an- H.R. 2295. An act to amend the Public The message also announced that the nounced that the Speaker has signed Health Service Act to provide for the estab- House has passed the following bills, in the following enrolled bills: lishment of an Amyotrophic Lateral Scle- which it requests the concurrence of rosis Registry. S. 2106. An act to provide nationwide sub- the Senate: S. 2264. A bill to amend the Internal Rev- poena authority for actions brought under enue Code of 1986 to extend for 2 years the H.R. 1473. An act to amend the Child Care the September 11 Victim Compensation Fund tax-free distributions from individual retire- and Development Block Grant Act of 1990 to of 2001. ment plans for charitable purposes. require child care providers to provide to S. 2258. An act to temporarily extend the f parents information regarding whether such programs under the Higher Education Act of providers carry current liability insurance. 1965, to amend the definition of an eligible ENROLLED BILLS PRESENTED H.R. 2671. An act to designate the United not-for-profit holder, and for other purposes. States courthouse located at 301 North The Secretary of the Senate reported Miami Avenue, Miami, Florida, as the ‘‘C. The enrolled bills were subsequently that on today, October 30, 2007, she had Clyde Atkins United States Courthouse’’. signed by the Acting President pro presented to the President of the H.R. 2728. An act to designate the station tempore (Mr. TESTER). United States the following enrolled of the United States Border Patrol located at f bills: 25762 Madison Avenue in Murrieta, Cali- S. 2106. An act to provide nationwide sub- fornia, as the ‘‘Theodore L. Newton, Jr. and MEASURES REFERRED poena authority for actions brought under George F. Azrak Border Patrol Station’’. The following bills were read the first the September 11 Victim Compensation Fund H.R. 3224. An act to amend the National of 2001. Dam Safety Program Act to establish a pro- and the second times by unanimous consent, and referred as indicated: S. 2258. An act to temporarily extend the gram to provide grant assistance to States programs under the Higher Education Act of for the rehabilitation and repair of deficient H.R. 1473. An act to amend the Child Care 1965, to amend the definition of an eligible dams. and Development Block Grant Act of 1990 to not-for-profit holder, and for other purposes. H.R. 3247. An act to improve the provision require child care providers to provide to of disaster assistance for Hurricanes Katrina parents information regarding whether such f and Rita, and for other purposes. providers carry current liability insurance; EXECUTIVE AND OTHER H.R. 3877. An act to require the Director of to the Committee on Health, Education, COMMUNICATIONS the National Institute of Standards and Labor, and Pensions. Technology to establish an initiative to pro- H.R. 2671. An act to designate the United The following communications were mote the research, development, and dem- States courthouse located at 301 North laid before the Senate, together with onstration of miner tracking and commu- Miami Avenue, Miami, Florida, as the ‘‘C. accompanying papers, reports, and doc- nications systems and to promote the estab- Clyde Atkins United States Courthouse’’; to uments, and were referred as indicated: lishment of standards and other measure- the Committee on Environment and Public EC–3756. A communication from the Assist- ment services regarding underground com- Works. ant Director of the Directive and Regula- munications to protect miners in the United H.R. 2728. An act to designate the station tions Branch, Forest Service, Department of States. of the United States Border Patrol located at Agriculture, transmitting, pursuant to law, The message further announced that 25762 Madison Avenue in Murrieta, Cali- the report of a rule entitled ‘‘Sale and Dis- the House has agreed to the following fornia, as the ‘‘Theodore L. Newton, Jr. and posal of National Forest System Timber; George F. Azrak Border Patrol Station’’; to Modification of Timber Sale Contracts in Ex- concurrent resolutions, in which it re- the Committee on Environment and Public quests the concurrence of the Senate: traordinary Conditions; Noncompetitive Sale Works. of Timber’’ (RIN0596–AB70) received on Octo- H. Con. Res. 230. Concurrent resolution H.R. 3224. An act to amend the National ber 25, 2007; to the Committee on Agri- supporting the observance of Breast Cancer Dam Safety Program Act to establish a pro- culture, Nutrition, and Forestry. Awareness Month, and for other purposes. gram to provide grant assistance to States EC–3757. A communication from the Ad- H. Con. Res. 234. Concurrent resolution for the rehabilitation and repair of deficient ministrator, Fruit and Vegetable Programs, calling on the Government of the People’s dams; to the Committee on Environment and Department of Agriculture, transmitting, Republic of China to respect the human Public Works. pursuant to law, the report of a rule entitled rights of refugees from North Korea. H.R. 3247. An act to improve the provision ‘‘Fresh Prunes Grown in Designated Coun- f of disaster assistance for Hurricanes Katrina ties in Washington and in Umatilla County, and Rita, and for other purposes; to the Com- OR; Decreased Assessment Rate’’ (Docket ENROLLED BILL SIGNED mittee on Homeland Security and Govern- No. FV–07–924–1–FIR) received on October 25, At 3:13 p.m., a message from the mental Affairs. 2007; to the Committee on Agriculture, Nu- House of Representatives, delivered by H.R. 3877. To require the Director of the trition, and Forestry. Mrs. Cole, one of its reading clerks, an- National Institute of Standards and Tech- EC–3758. A communication from the Ad- nology to establish an initiative to promote ministrator, Fruit and Vegetable Programs, nounced that the Speaker has signed the research, development, and demonstra- Department of Agriculture, transmitting, the following enrolled bill: tion of miner tracking and communications pursuant to law, the report of a rule entitled H.R. 3678. An act to amend the Internet systems and to promote the establishment of ‘‘Raisins Produced from Grapes Grown in Tax Freedom Act to extend the moratorium standards and other measurement services California; Final Free and Reserve Percent- on certain taxes relating to the Internet and regarding underground communications to ages for 2006–07 Crop Natural Seedless Rai- to electronic commerce. protect miners in the United States; to the sins’’ (Docket No. FV–07–989–1–FIR) received

VerDate Aug 31 2005 03:08 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G30OC6.045 S30OCPT1 cnoel on PRODPC60 with SENATE_CN S13578 CONGRESSIONAL RECORD — SENATE October 30, 2007 on October 25, 2007; to the Committee on Ag- mittee on Banking, Housing, and Urban Af- pursuant to law, the report of a rule entitled riculture, Nutrition, and Forestry. fairs. ‘‘Ohio: Final Authorization of State Haz- EC–3759. A communication from the Ad- EC–3769. A communication from the Asso- ardous Waste Management Program Revi- ministrator, Fruit and Vegetable Programs, ciate General Counsel for Legislation and sion’’ (FRL No. 8488–6) received on October Department of Agriculture, transmitting, Regulations, Office of Housing, Department 25, 2007; to the Committee on Environment pursuant to law, the report of a rule entitled of Housing and Urban Development, trans- and Public Works. ‘‘Walnuts Grown in California; Increased As- mitting, pursuant to law, the report of a rule EC–3778. A communication from the Prin- sessment Rate’’ (Docket No. FV–07–984–1–FR) entitled ‘‘Housing Counseling Program’’ cipal Deputy Associate Administrator, Office received on October 25, 2007; to the Com- (RIN2502–AH99) received on October 25, 2007; of Policy, Economics and Innovation, Envi- mittee on Agriculture, Nutrition, and For- to the Committee on Banking, Housing, and ronmental Protection Agency, transmitting, estry. Urban Affairs. pursuant to law, the report of a rule entitled EC–3760. A communication from the Ad- EC–3770. A communication from the Assist- ‘‘Regulation of Fuels and Fuel Additives: ministrator, Fruit and Vegetable Programs, ant to the Board, Board of Governors of the Modification of Baselines for Gasoline Pro- Department of Agriculture, transmitting, Federal Reserve System, transmitting, pur- duced or Imported for Use in Hawaii, Alaska pursuant to law, the report of a rule entitled suant to law, the report of a rule entitled and U.S. Territories’’ ((RIN2060–AK02)(FRL ‘‘National Organic Program, Sunset Review’’ ‘‘Fair Credit Reporting Affiliate Marketing No. 8487–2)) received on October 25, 2007; to ((RIN0581–AC51)(Docket No. TM–04–07–FR)) Regulations’’ (Docket No. R–1203) received the Committee on Environment and Public received on October 25, 2007; to the Com- on October 25, 2007; to the Committee on Works. mittee on Agriculture, Nutrition, and For- Banking, Housing, and Urban Affairs. EC–3779. A communication from the Chief estry. EC–3771. A communication from the Prin- of the Publications and Regulations Branch, EC–3761. A communication from the Con- cipal Deputy Associate Administrator, Office Internal Revenue Service, Department of the gressional Review Coordinator, Animal and of Policy, Economics and Innovation, Envi- Treasury, transmitting, pursuant to law, the Plant Health Inspection Service, Department ronmental Protection Agency, transmitting, report of a rule entitled ‘‘Trust Arrange- of Agriculture, transmitting, pursuant to pursuant to law, the report of a rule entitled ments Purporting to Provide Nondiscrim- law, the report of a rule entitled ‘‘Importa- ‘‘Approval and Promulgation of Air Quality inatory Post-Retirement Medical and Life tion of Unshu Oranges from the Republic of Implementation Plans; Michigan; Consumer Insurance Benefits’’ (Notice 2007–84) received Korea into Alaska’’ (Docket No. APHIS–2006– Products Rule’’ (FRL No. 8486–6) received on on October 25, 2007; to the Committee on Fi- 0133) received on October 25, 2007; to the October 25, 2007; to the Committee on Envi- nance. Committee on Agriculture, Nutrition, and ronment and Public Works. EC–3780. A communication from the Chief Forestry. EC–3772. A communication from the Prin- of the Publications and Regulations Branch, EC–3762. A communication from the Con- cipal Deputy Associate Administrator, Office Internal Revenue Service, Department of the gressional Review Coordinator, Animal and of Policy, Economics and Innovation, Envi- Treasury, transmitting, pursuant to law, the Plant Health Inspection Service, Department ronmental Protection Agency, transmitting, report of a rule entitled ‘‘Coordinated Issue: of Agriculture, transmitting, pursuant to pursuant to law, the report of a rule entitled Non Refundable Upfront Fees, Technology law, the report of a rule entitled ‘‘Imported ‘‘Approval and Promulgation of Implementa- Access Fees, Milestone Payments, Royalties Fire Ant; Additions to the List of Quar- tion Plans; Michigan; Recordkeeping and Re- and Deferred Income Under a Collaboration antined Areas’’ (Docket No. APHIS–2007– porting Requirements for Abnormal Condi- Agreement’’ (UIL No. 263.13–02) received on 0114) received on October 25, 2007; to the tions’’ (FRL No. 8486–4) received on October October 25, 2007; to the Committee on Fi- Committee on Agriculture, Nutrition, and 25, 2007; to the Committee on Environment nance. EC–3781. A communication from the Chief Forestry. and Public Works. of the Publications and Regulations Branch, EC–3763. A communication from the Acting EC–3773. A communication from the Prin- Internal Revenue Service, Department of the Director, Program Development and Regu- cipal Deputy Associate Administrator, Office Treasury, transmitting, pursuant to law, the latory Analysis, Department of Agriculture, of Policy, Economics and Innovation, Envi- report of a rule entitled ‘‘Applicable Federal transmitting, pursuant to law, the report of ronmental Protection Agency, transmitting, Rates—November 2007’’ (Rev. Rul. 2007–66) re- a rule entitled ‘‘Servicing of Water Programs pursuant to law, the report of a rule entitled ceived on October 25, 2007; to the Committee Loans and Grants’’ (RIN0572–AB59) received ‘‘Approval and Promulgation of Implementa- on Finance. on October 12, 2007; to the Committee on Ag- tion Plans; New York Emission Statement EC–3782. A communication from the Chief riculture, Nutrition, and Forestry. Program’’ (FRL No. 8428–5) received on Octo- of the Publications and Regulations Branch, EC–3764. A communication from the Prin- ber 25, 2007; to the Committee on Environ- Internal Revenue Service, Department of the cipal Deputy, Office of the Under Secretary ment and Public Works. Treasury, transmitting, pursuant to law, the EC–3774. A communication from the Prin- of Defense (Personnel and Readiness), trans- report of a rule entitled ‘‘Abusive Trust Ar- cipal Deputy Associate Administrator, Office mitting, the report of the authorization of rangements Utilizing Cash Value Life Insur- Captain Sean A. Pybus to wear the author- of Policy, Economics and Innovation, Envi- ance Policies Purportedly to Provide Welfare ized insignia of the grade of rear admiral ronmental Protection Agency, transmitting, Benefits’’ (Notice 2007–83) received on Octo- (lower half) in accordance with title 10, pursuant to law, the report of a rule entitled ber 25, 2007; to the Committee on Finance. United States Code, section 777; to the Com- ‘‘Approval and Promulgation of Implementa- EC–3783. A communication from the Chief mittee on Armed Services. tion Plans; North Carolina: State Implemen- of the Publications and Regulations Branch, EC–3765. A communication from the Dep- tation Plan Revisions’’ (FRL No. 8488–5) re- Internal Revenue Service, Department of the uty Secretary of Defense, transmitting, pur- ceived on October 25, 2007; to the Committee Treasury, transmitting, pursuant to law, the suant to law, a report entitled ‘‘Joint Impro- on Environment and Public Works. report of a rule entitled ‘‘United States v. vised Explosive Divide Organization Third EC–3775. A communication from the Prin- Roxworthy 457F.3d 590 rev’g No. 04–MC–18–C’’ Quarter Report for Fiscal Year 2007’’; to the cipal Deputy Associate Administrator, Office (AOD 2007–40) received on October 25, 2007; to Committee on Armed Services. of Policy, Economics and Innovation, Envi- the Committee on Finance. EC–3766. A communication from the Asso- ronmental Protection Agency, transmitting, EC–3784. A communication from the Chief ciate General Counsel for Legislation and pursuant to law, the report of a rule entitled of the Publications and Regulations Branch, Regulations, Office of Housing, Department ‘‘Delegation of Authority to the States of Internal Revenue Service, Department of the of Housing and Urban Development, trans- Iowa, Kansas, Missouri, and Nebraska for Treasury, transmitting, pursuant to law, the mitting, pursuant to law, the report of a rule New Source Performance Standards; Na- report of a rule entitled ‘‘Proposed Changes entitled ‘‘Revisions to the Single Family tional Emission Standards for Hazardous Air to the Process for Obtaining Consent to Mortgage Insurance Program’’ (RIN2502– Pollutants; and Maximum Achievable Con- Change an Accounting Method’’ (Notice 2007– AI03) received on October 25, 2007; to the trol Technology Standards’’ (FRL No. 8487–5) 88) received on October 25, 2007; to the Com- Committee on Banking, Housing, and Urban received on October 25, 2007; to the Com- mittee on Finance. Affairs. mittee on Environment and Public Works. EC–3785. A communication from the Chief EC–3767. A communication from the Sec- EC–3776. A communication from the Prin- of the Publications and Regulations Branch, retary of the Treasury, transmitting, pursu- cipal Deputy Associate Administrator, Office Internal Revenue Service, Department of the ant to law, a six-month periodic report on of Policy, Economics and Innovation, Envi- Treasury, transmitting, pursuant to law, the the national emergency with respect to ronmental Protection Agency, transmitting, report of a rule entitled ‘‘Notice of Addi- Sudan that was declared in Executive Order pursuant to law, the report of a rule entitled tional 2008 Transition Relief Under Section 13067 of November 3, 1997; to the Committee ‘‘National Emission Standards for Hazardous 409A’’ (Notice 2007–86) received on October 25, on Banking, Housing, and Urban Affairs. Air Pollutants; Plywood and Composite 2007; to the Committee on Finance. EC–3768. A communication from the Asso- Wood Products’’ ((RIN2060–AO65)(FRL No. EC–3786. A communication from the Chief ciate General Counsel for Legislation and 8482–2)) received on October 25, 2007; to the of the Publications and Regulations Branch, Regulations, Office of Housing, Department Committee on Environment and Public Internal Revenue Service, Department of the of Housing and Urban Development, trans- Works. Treasury, transmitting, pursuant to law, the mitting, pursuant to law, the report of a rule EC–3777. A communication from the Prin- report of a rule entitled ‘‘Annual Inflation entitled ‘‘Standards for Mortgagor’s Invest- cipal Deputy Associate Administrator, Office Adjustments Revenue Procedure’’ (Notice ment in Mortgaged Property’’ (RIN2502–AI52) of Policy, Economics and Innovation, Envi- 2007–66) received on October 25, 2007; to the received on October 25, 2007; to the Com- ronmental Protection Agency, transmitting, Committee on Finance.

VerDate Aug 31 2005 02:24 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A30OC6.020 S30OCPT1 cnoel on PRODPC60 with SENATE_CN October 30, 2007 CONGRESSIONAL RECORD — SENATE S13579 EC–3787. A communication from the Chief Navy nomination of Rear Adm. Bernard J. Coast Guard nominations beginning with of the Publications and Regulations Branch, McCullough III, 4147, to be Vice Admiral. Albert R. Agnich and ending with Michael B. Internal Revenue Service, Department of the Mr. LEVIN. Mr. President, for the Zamperini, which nominations were received Treasury, transmitting, pursuant to law, the Committee on Armed Services I report by the Senate and appeared in the Congres- report of a rule entitled ‘‘Roosevelt Wallace sional Record on October 16, 2007. v. Commissioner 128 T.C. No. 11’’ (AOD 2007– favorably the following nomination National Oceanic and Atmospheric Admin- 5) received on October 25, 2007; to the Com- lists which were printed in the istration nominations beginning with Mi- mittee on Finance. RECORDS on the dates indicated, and chael S. Gallagher and ending with Mark K. EC–3788. A communication from the Chief ask unanimous consent, to save the ex- Frydrych, which nominations were received of the Publications and Regulations Branch, pense of reprinting on the Executive by the Senate and appeared in the Congres- Internal Revenue Service, Department of the Calendar that these nominations lie at sional Record on October 16, 2007. Treasury, transmitting, pursuant to law, the the Secretary’s desk for the informa- *Nomination was reported with rec- report of a rule entitled ‘‘Transfers of Assets tion of Senators. ommendation that it be confirmed sub- or Stock Following a Reorganization’’ The PRESIDING OFFICER. Without ject to the nominee’s commitment to ((RIN1545–BD56)(TD 9361)) received on Octo- respond to requests to appear and tes- ber 25, 2007; to the Committee on Finance. objection, it is so ordered. EC–3789. A communication from the Chief Air Force nomination of Ernest Valdez, tify before any duly constituted com- of the Publications and Regulations Branch, 4767, to be Major. mittee of the Senate. Internal Revenue Service, Department of the Air Force nominations beginning with (Nominations without an asterisk Treasury, transmitting, pursuant to law, the Laura M. Hunter and ending with George W. were reported with the recommenda- report of a rule entitled ‘‘Employer and Ryan, Jr., which nominations were received tion that they be confirmed.) Payer Guidance on Reporting and Wage by the Senate and appeared in the Congres- f Withholding Requirements for Calendar Year sional Record on September 27, 2007. 2007’’ (Notice 2007–89) received on October 25, Air Force nomination of Cheryl A. INTRODUCTION OF BILLS AND 2007; to the Committee on Finance. Kearney, 6145, to be Colonel. JOINT RESOLUTIONS EC–3790. A communication from the Chief Air Force nomination of Noel P. Kornett, The following bills and joint resolu- 0523, to be Lieutenant Colonel. of the Publications and Regulations Branch, tions were introduced, read the first Internal Revenue Service, Department of the Air Force nomination of Michael Maine, Treasury, transmitting, pursuant to law, the Jr., 4513, to be Major. and second times by unanimous con- report of a rule entitled ‘‘Partnership Audit Air Force nominations beginning with Mi- sent, and referred as indicated: Techniques Guide’’ (Chapter 13) received on chael T. Butler and ending with Robert Can- By Mr. KENNEDY: October 25, 2007; to the Committee on Fi- non, which nominations were received by the S. 2258. A bill to temporarily extend the nance. Senate and appeared in the Congressional programs under the Higher Education Act of EC–3791. A communication from the Chief Record on October 18, 2007. 1965, to amend the definition of an eligible of the Publications and Regulations Branch, Army nomination of Max B. Bullen, 0248, not-for-profit holder, and for other purposes; Internal Revenue Service, Department of the to be Major. considered and passed. Treasury, transmitting, pursuant to law, the Army nominations beginning with John A. By Mrs. FEINSTEIN: report of a rule entitled ‘‘Deductions Under McHenry and ending with Alan S. Waller, S. 2259. A bill to amend the Reclamation Sections 419 and 419A for Employer Contribu- which nominations were received by the Sen- Wastewater and Groundwater Study and Fa- tions to Welfare Benefit Funds Utilizing ate and appeared in the Congressional cilities Act to authorize the Secretary of the Cash Value Life Insurance Policies’’ (Rev. Record on September 27, 2007. Interior to participate in the Prado Basin Rul. 2007–65) received on October 25, 2007; to Army nominations beginning with Edward Natural Treatment System Project, to au- the Committee on Finance. F. Frederick and ending with Gregory thorize the Secretary to participate in the EC–3792. A communication from the Assist- Charlton, which nominations were received Lower Chino Dairy Area desalination dem- ant Secretary, Office of Legislative Affairs, by the Senate and appeared in the Congres- onstration and reclamation project, and for Department of State, transmitting, pursuant sional Record on September 27, 2007. other purposes; to the Committee on Energy to law, a certification regarding the proposed Marine Corps nomination of Kevin M. Gon- and Natural Resources. transfer of major defense equipment includ- zalez, 5053, to be Lieutenant Colonel. By Mr. THUNE (for himself, Mr. ing the C–130H Aircraft from Thailand to the Marine Corps nomination of Thomas J. CARDIN, Ms. MIKULSKI, Mr. SPECTER, Thai Aviation Industries and Rockwell Col- Keating, 2706, to be Colonel. Mr. CASEY, and Mr. JOHNSON): Marine Corps nomination of Gerald R. S. 2260. A bill to extend the existing provi- lins for the purpose of installing Avionic Up- Brown, 2925, to be Lieutenant Colonel. sions regarding the eligibility for essential grades; to the Committee on Foreign Rela- Navy nomination of Stephen T. Vargo, air service subsidies through fiscal year 2008; tions. to the Committee on Commerce, Science, EC–3793. A communication from the Assist- 7730, to be Lieutenant Commander. Navy nominations beginning with Gary and Transportation. ant Secretary, Office of Legislative Affairs, Tabach and ending with Kelvin L. Reed, By Mr. KOHL (for himself, Mr. BIDEN, Department of State, transmitting, pursuant which nominations were received by the Sen- and Mrs. CLINTON): to law, the certification of a proposed license ate and appeared in the Congressional S. 2261. A bill to restore the rule that for the export of technical data and assist- Record on October 18, 2007. agreements between manufacturers and re- ance relative to the manufacture of water By Mr. INOUYE for the Committee on tailers, distributors, or wholesalers to set coolers and supporting materials for the Commerce, Science, and Transportation. the minimum price below which the manu- Spy-ID Radar for the governments of Aus- Todd J. Zinser, of Virginia, to be Inspector facturer’s product or service cannot be sold tralia, Japan, Korea, and Spain; to the Com- General, Department of Commerce. violates the Sherman Act; to the Committee mittee on Foreign Relations. *Robert Clarke Brown, of Ohio, to be a on the Judiciary. f Member of the Board of Directors of the Met- By Mr. DOMENICI (for himself and EXECUTIVE REPORTS OF ropolitan Washington Airports Authority for Mrs. CLINTON): a term expiring November 22, 2011. S. 2262. A bill to authorize the Preserve COMMITTEES *Coast Guard nomination of Capt. Steven America Program and Save America’s Treas- The following executive reports of E. Day, 3035, to be Rear Admiral (Lower ures Program, and for other purposes; to the nominations were submitted: Half). Committee on Energy and Natural Re- By Mr. LEVIN for the Committee on *Coast Guard nominations beginning with sources. Armed Services. Capt. Kevin S. Cook and ending with Capt. By Mr. WEBB: Air Force nomination of Maj. Gen. Edward James A. Watson, which nominations were S. 2263. A bill to require the Director of the A. Rice, Jr., 4508, to be Lieutenant General. received by the Senate and appeared in the National Institute of Standards and Tech- Air Force nomination of Maj. Gen. Glenn Congressional Record on September 12, 2007. nology to establish an initiative to promote F. Spears, 2012, to be Lieutenant General. Mr. INOUYE. Mr. President, for the the research, development, and demonstra- Army nomination of Brig. Gen. Carroll F. tion of miner tracking and communications Committee on Commerce, Science, and systems and to promote the establishment of Pollett, 9096, to be Major General. Transportation I report favorably the Army nomination of Maj. Gen. Benjamin standards and other measurement services R. Mixon, 7168, to be Lieutenant General. following nomination lists which were regarding underground communications to Army nomination of Maj. Gen. David H. printed in the RECORDS on the dates in- protect miners in the United States; to the Huntoon, Jr., 1919, to be Lieutenant General. dicated, and ask unanimous consent, to Committee on Health, Education, Labor, and Army nomination of Maj. Gen. Eric B. save the expense of reprinting on the Pensions. Schoomaker, 8284, to be Lieutenant General. Executive Calendar that these nomina- By Mr. ROBERTS: Army nomination of Brig. Gen. David A. S. 2264. A bill to amend the Internal Rev- Rubenstein, 6677, to be Major General. tions lie at the Secretary’s desk for the enue Code of 1986 to extend for 2 years the Marine Corps nomination of Maj. Gen. information of Senators. tax-free distributions from individual retire- Samuel T. Helland, 6309, to be Lieutenant The PRESIDING OFFICER. Without ment plans for charitable purposes; read the General. objection, it is so ordered. first time.

VerDate Aug 31 2005 03:08 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A30OC6.023 S30OCPT1 cnoel on PRODPC60 with SENATE_CN S13580 CONGRESSIONAL RECORD — SENATE October 30, 2007 By Mr. THUNE (for himself, Mr. 911, a bill to amend the Public Health sponsor of S. 1758, a bill to amend the CARDIN, Ms. MIKULSKI, Mr. SPECTER, Service Act to advance medical re- Public Health Service Act to help indi- Mr. CASEY, and Mr. JOHNSON): search and treatments into pediatric viduals with functional impairments S. 2265. A bill to extend the existing provi- cancers, ensure patients and families and their families pay for services and sions regarding the eligibility for essential air service subsidies through fiscal year 2008; have access to the current treatments supports that they need to maximize considered and passed. and information regarding pediatric their functionality and independence By Mr. SCHUMER: cancers, establish a population-based and have choices about community S. 2266. A bill to amend the Internal Rev- national childhood cancer database, participation, education, and employ- enue Code to provide for an alternative test and promote public awareness of pedi- ment, and for other purposes. for qualifying as a cooperative housing cor- atric cancers. S. 1848 poration; to the Committee on Finance. S. 1003 At the request of Mr. BAUCUS, the f At the request of Mr. SPECTER, the name of the Senator from Illinois (Mr. name of the Senator from Maine (Ms. DURBIN) was added as a cosponsor of S. SUBMISSION OF CONCURRENT AND 1848, a bill to amend the Trade Act of SENATE RESOLUTIONS COLLINS) was added as a cosponsor of S. 1003, a bill to amend title XVIII of the 1974 to address the impact of The following concurrent resolutions Social Security Act to improve access globalization, to reauthorize trade ad- and Senate resolutions were read, and to emergency medical services and the justment assistance, to extend trade referred (or acted upon), as indicated: quality and efficiency of care furnished adjustment assistance to service work- By Mr. DEMINT (for himself and Mr. in emergency departments of hospitals ers, communities, firms, and farmers, GRAHAM): and critical access hospitals by estab- and for other purposes. S. Res. 360. A resolution offering condo- S. 1852 lences regarding the tragic fire in Ocean Isle lishing a bipartisan commission to examine factors that affect the effective At the request of Mr. INOUYE, the Beach, North Carolina, which killed 6 Uni- name of the Senator from North Da- versity of South Carolina students and 1 stu- delivery of such services, by providing dent from Clemson University on October 28, for additional payments for certain kota (Mr. CONRAD) was added as a co- 2007; considered and agreed to. physician services furnished in such sponsor of S. 1852, a bill to designate the Friday after Thanksgiving of each f emergency departments, and by establishing a Centers for Medicare & Med- year as ‘‘Native American Heritage ADDITIONAL COSPONSORS icaid Services Working Group, and for Day’’ in honor of the achievements and other purposes. contributions of Native Americans to S. 469 the United States. At the request of Mr. BAUCUS, the S. 1060 S. 1858 name of the Senator from Maine (Ms. At the request of Mr. BYRD, his name At the request of Mr. DODD, the name COLLINS) was added as a cosponsor of S. was added as a cosponsor of S. 1060, a of the Senator from South Dakota (Mr. 469, a bill to amend the Internal Rev- bill to reauthorize the grant program JOHNSON) was added as a cosponsor of enue Code of 1986 to make permanent for reentry of offenders into the com- S. 1858, a bill to amend the Public the special rule for contributions of munity in the Omnibus Crime Control Health Service Act to establish grant qualified conservation contributions. and Safe Streets Act of 1968, to im- programs to provide for education and S. 507 prove reentry planning and implemen- outreach on newborn screening and co- At the request of Mr. CONRAD, the tation, and for other purposes. ordinated followup care once newborn name of the Senator from New York S. 1200 screening has been conducted, to reau- (Mrs. CLINTON) was added as a cospon- At the request of Mr. DORGAN, the thorize programs under part A of title sor of S. 507, a bill to amend title XVIII name of the Senator from Hawaii (Mr. XI of such Act, and for other purposes. of the Social Security Act to provide AKAKA) was added as a cosponsor of S. At the request of Mr. WHITEHOUSE, for reimbursement of certified midwife 1200, a bill to amend the Indian Health his name was added as a cosponsor of services and to provide for more equi- Care Improvement Act to revise and S. 1858, supra. table reimbursement rates for certified extend the Act. S. 1871 nurse-midwife services. S. 1340 At the request of Mr. KENNEDY, the S. 600 At the request of Mrs. LINCOLN, the names of the Senator from Ohio (Mr. At the request of Mr. SMITH, the name of the Senator from Delaware BROWN), the Senator from Rhode Island name of the Senator from Connecticut (Mr. CARPER) was added as a cosponsor (Mr. WHITEHOUSE), the Senator from (Mr. LIEBERMAN) was added as a co- of S. 1340, a bill to amend title XVIII of New Jersey (Mr. MENENDEZ), the Sen- sponsor of S. 600, a bill to amend the the Social Security Act to provide ator from Illinois (Mr. OBAMA), the Public Health Service Act to establish Medicare beneficiaries with access to Senator from Hawaii (Mr. AKAKA), the the School-Based Health Clinic pro- geriatric assessments and chronic care Senator from Connecticut (Mr. DODD), gram, and for other purposes. coordination services, and for other the Senator from Massachusetts (Mr. KERRY), the Senator from Rhode Island S. 814 purposes. (Mr. REED), the Senator from New At the request of Mr. SPECTER, the S. 1386 York (Mrs. CLINTON), the Senator from name of the Senator from Michigan At the request of Mr. REED, the name New Jersey (Mr. LAUTENBERG), the Sen- (Ms. STABENOW) was added as a cospon- of the Senator from California (Mrs. ator from Iowa (Mr. HARKIN), the Sen- sor of S. 814, a bill to amend the Inter- BOXER) was added as a cosponsor of S. ator from New York (Mr. SCHUMER), nal Revenue Code of 1986 to allow the 1386, a bill to amend the Housing and the Senator from California (Mrs. deduction of attorney-advanced ex- Urban Development Act of 1968, to pro- BOXER), the Senator from Virginia (Mr. penses and court costs in contingency vide better assistance to low- and mod- WEBB), the Senator from New Mexico fee cases. erate-income families, and for other (Mr. BINGAMAN) and the Senator from purposes. S. 881 Washington (Mrs. MURRAY) were added At the request of Mrs. LINCOLN, the S. 1418 as cosponsors of S. 1871, a bill to pro- names of the Senator from California At the request of Mr. DODD, the name vide for special transfers of funds to (Mrs. BOXER) and the Senator from of the Senator from Michigan (Mr. States to promote certain improve- Oklahoma (Mr. COBURN) were added as LEVIN) was added as a cosponsor of S. ments in State unemployment com- cosponsors of S. 881, a bill to amend the 1418, a bill to provide assistance to im- pensation laws. Internal Revenue Code of 1986 to extend prove the health of newborns, children, S. 1895 and modify the railroad track mainte- and mothers in developing countries, At the request of Mr. REED, the name nance credit. and for other purposes. of the Senator from South Dakota (Mr. S. 911 S. 1758 JOHNSON) was added as a cosponsor of At the request of Mr. REED, the name At the request of Mr. KENNEDY, the S. 1895, a bill to aid and support pedi- of the Senator from Arkansas (Mrs. name of the Senator from Rhode Island atric involvement in reading and edu- LINCOLN) was added as a cosponsor of S. (Mr. WHITEHOUSE) was added as a co- cation.

VerDate Aug 31 2005 02:24 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A30OC6.018 S30OCPT1 cnoel on PRODPC60 with SENATE_CN October 30, 2007 CONGRESSIONAL RECORD — SENATE S13581 S. 1921 Delaware (Mr. BIDEN) were added as co- sissippi Hills National Heritage Area in At the request of Mr. WEBB, the name sponsors of S. 2123, a bill to provide col- the State of Mississippi, and for other of the Senator from Massachusetts lective bargaining rights for public purposes. (Mr. KERRY) was added as a cosponsor safety officers employed by States or S. RES. 356 of S. 1921, a bill to amend the American their political subdivisions. At the request of Mr. DURBIN, the Battlefield Protection Act of 1996 to ex- S. 2132 names of the Senator from West Vir- tend the authorization for that Act, At the request of Mr. BROWN, his ginia (Mr. BYRD) and the Senator from and for other purposes. name was added as a cosponsor of S. Michigan (Ms. STABENOW) were added S. 1957 2132, a bill to prohibit the introduction as cosponsors of S. Res. 356, a resolu- At the request of Mr. SCHUMER, the or delivery for introduction into inter- tion affirming that any offensive mili- names of the Senator from California state commerce of children’s products tary action taken against Iran must be (Mrs. BOXER) and the Senator from that contain lead, and for other pur- explicitly approved by Congress before Maryland (Mr. CARDIN) were added as poses. such action may be initiated. cosponsors of S. 1957, a bill to amend S. 2168 S. RES. 358 title 17, United States Code, to provide At the request of Mr. LEAHY, the At the request of Mr. SMITH, the protection for fashion design. names of the Senator from New York names of the Senator from Pennsyl- S. 1966 (Mr. SCHUMER), the Senator from Dela- vania (Mr. CASEY) and the Senator At the request of Mr. LUGAR, the ware (Mr. BIDEN) and the Senator from from Connecticut (Mr. LIEBERMAN) name of the Senator from Nebraska Utah (Mr. HATCH) were added as co- were added as cosponsors of S. Res. 358, (Mr. HAGEL) was added as a cosponsor sponsors of S. 2168, a bill to amend title a resolution expressing the importance of S. 1966, a bill to reauthorize HIV/ 18, United States Code, to enable in- of friendship and cooperation between AIDS assistance. creased federal prosecution of identity the United States and Turkey. S. 1991 theft crimes and to allow for restitu- f At the request of Mr. BUNNING, the tion to victims of identity theft. STATEMENTS ON INTRODUCED name of the Senator from Pennsyl- S. 2181 BILLS AND JOINT RESOLUTIONS vania (Mr. SPECTER) was added as a co- At the request of Ms. COLLINS, the By Mrs. FEINSTEIN: sponsor of S. 1991, a bill to authorize name of the Senator from New York S. 2259. A bill to amend the Reclama- the Secretary of the Interior to con- (Mr. SCHUMER) was added as a cospon- tion Wastewater and Groundwater duct a study to determine the suit- sor of S. 2181, a bill to amend title Study and Facilities Act to authorize ability and feasibility of extending the XVIII of the Social Security Act to the Secretary of the Interior to partici- Lewis and Clark National Historic protect Medicare beneficiaries’ access pate in the Prado Basin Natural Treat- Trail to include additional sites associ- to home health services under the ment System Project, to authorize the ated with the preparation and return Medicare program. Secretary to participate in the Lower phases of the expedition, and for other S. 2182 Chino Dairy Area desalination dem- purposes. At the request of Mr. REED, the name onstration and reclamation project, S. 2045 of the Senator from Rhode Island (Mr. and for other purposes; to the Com- At the request of Mr. PRYOR, the WHITEHOUSE) was added as a cosponsor mittee on Energy and Natural Re- name of the Senator from New York of S. 2182, a bill to amend the Public sources. (Mr. SCHUMER) was added as a cospon- Health Service Act with respect to Mrs. FEINSTEIN. Mr. President, the sor of S. 2045, a bill to reform the Con- mental health services. urban demands we have placed on our sumer Product Safety Commission to S. 2183 water supplies and ecosystem have re- provide greater protection for chil- At the request of Mr. SMITH, the sulted in significant water shortages in dren’s products, to improve the screen- name of the Senator from Rhode Island communities across the Nation. Water ing of noncompliant consumer prod- (Mr. WHITEHOUSE) was added as a co- quality and quantity are in jeopardy if ucts, to improve the effectiveness of sponsor of S. 2183, a bill to amend the local, State, and Federal Governments consumer product recall programs, and Public Health Service Act to provide do not support the implementation of for other purposes. grants for community-based mental cost-effective projects that enhance S. 2063 health infrastructure improvement. and increase potable water supplies. Therefore, I am introducing this bill At the request of Mr. GREGG, the S. 2191 to authorize programs that will facili- name of the Senator from Georgia (Mr. At the request of Mr. LIEBERMAN, the tate a comprehensive water supply and CHAMBLISS) was added as a cosponsor of name of the Senator from Florida (Mr. watershed project in southern Cali- S. 2063, a bill to establish a Bipartisan NELSON) was added as a cosponsor of S. fornia. Leaders and agencies across five Task Force for Responsible Fiscal Ac- 2191, a bill to direct the Administrator counties in the Santa Ana Region of tion, to assure the economic security of the Environmental Protection Agen- southern California have partnered to of the United States, and to expand fu- cy to establish a program to decrease develop a comprehensive plan which ture prosperity and growth for all emissions of greenhouse gases, and for addresses regional needs of their com- Americans. other purposes. munities; communities whose popu- S. 2071 S. 2243 lation exceeds 3 million citizens. These At the request of Mrs. FEINSTEIN, the At the request of Mr. SPECTER, the communities are committed to name of the Senator from Nevada (Mr. name of the Senator from Maine (Ms. leveraging over $1 billion in local and ENSIGN) was added as a cosponsor of S. COLLINS) was added as a cosponsor of S. State funds to match the Federal Gov- 2071, a bill to enhance the ability to 2243, a bill to strongly encourage the ernment’s investment. Similar legisla- combat methamphetamine. Government of Saudi Arabia to end its tion has been introduced in the House S. 2080 support for institutions that fund, of Representatives by Representative At the request of Mr. LAUTENBERG, train, incite, encourage, or in any GARY MILLER, together with Rep- the name of the Senator from Mary- other way aid and abet terrorism, to resentatives KEN CALVERT, DAVID land (Mr. CARDIN) was added as a co- secure full Saudi cooperation in the in- DREIER, EDWARD ROYCE, JOHN CAMP- sponsor of S. 2080, a bill to amend the vestigation of terrorist incidents, to BELL, DANA ROHRABACHER and LORETTA Federal Water Pollution Control Act to denounce Saudi sponsorship of extrem- SANCHEZ. ensure that sewage treatment plants ist Wahhabi ideology, and for other Specifically, this bill would fund monitor for and report discharges of purposes. three distinct projects, which together raw sewage, and for other purposes. S. 2254 will help address water needs of 64,000 S. 2123 At the request of Mr. COCHRAN, the households and increase the region’s At the request of Mr. GREGG, the name of the Senator from Mississippi water supply by 31,000 acre-feet per names of the Senator from Alaska (Ms. (Mr. LOTT) was added as a cosponsor of year in an environmentally sustainable MURKOWSKI) and the Senator from S. 2254, a bill to establish the Mis- manner.

VerDate Aug 31 2005 02:24 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A30OC6.028 S30OCPT1 cnoel on PRODPC60 with SENATE_CN S13582 CONGRESSIONAL RECORD — SENATE October 30, 2007 This legislation could serve as a restores habitat, and provides signifi- maintenance of the project described in sub- model for communities nationwide to cant jobs and economic benefits to one section (a). help meet the challenges imposed by of the Nation’s most densely populated ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— decreasing snow pack and precipitation areas. I look forward to timely consid- There are authorized to be appropriated such sums as are necessary to carry out this sec- and scarce potable water supplies that eration of this legislation that could tion. will be exacerbated by climate change. provide the road map to solving water ‘‘(e) SUNSET OF AUTHORITY.—This section This bill would authorize the Federal demands across the country. shall have no effect after the date that is 10 Government to spend $10 million on a Mr. President, I ask unanimous con- years after the date of the enactment of this cost shared basis to create wetlands sent that the text of the bill be printed section.’’. along the Santa Ana River, providing in the RECORD. (b) CONFORMING AMENDMENT.—The table of an expanded natural treatment system There being no objection, the text of sections in section 2 of Public Law 102–575 is to purify the River before it replen- the bill was ordered to be printed in further amended by inserting after the last item the following: ishes Orange County’s groundwater the RECORD, as follows: ‘‘16ll. Lower Chino dairy area desalination supplies. Like all of the projects in the S. 2259 demonstration and reclamation plan, the construction of natural treat- Be it enacted by the Senate and House of Rep- project.’’. resentatives of the United States of America in ment systems using wetlands mini- SEC. 4. CENTER FOR TECHNOLOGICAL ADVANCE- mizes the impacts on the environment, Congress assembled, MENT OF MEMBRANE TECHNOLOGY reduces carbon emissions, and im- SECTION 1. SHORT TITLE. AND EDUCATION. proves the quality of our groundwater This Act may be cited as the ‘‘Santa Ana (a) IN GENERAL.—The Secretary of the In- supplies without costly control tech- River Water Supply Enhancement Act of terior shall establish at the Orange County 2007’’. nologies. Water District located in Orange County, An authorization of $25 million in the SEC. 2. PRADO BASIN NATURAL TREATMENT SYS- California, a center for the expressed pur- TEM PROJECT. poses of providing— expansion of groundwater desalination (a) IN GENERAL.—The Reclamation Waste- (1) assistance in the development and ad- in the Chino Basin would increase de- water and Groundwater Study and Facilities vancement of membrane technologies; and salination from the current 9,000 acre- Act (Public Law 102–575, title XVI; 43 U.S.C. (2) educational support in the advancement feet per year to 40,000 acre-feet per 390h et seq.) is amended by adding at the end of public understanding and acceptance of year. This element of the program the following: membrane produced water supplies. would provide a new fresh drinking ‘‘SEC. 16ll. PRADO BASIN NATURAL TREAT- (b) MANAGEMENT OF CENTER.— water supply for Jurupa Community MENT SYSTEM PROJECT. (1) CONTRACTS.—In establishing the center, ‘‘(a) IN GENERAL.—The Secretary, in co- Services District, Santa Ana Mutual the Secretary shall enter into contracts with operation with the Orange County Water the Orange County Water District for pur- Water Company in Riverside County, District, shall participate in the planning, poses of managing such center. and the cities of Norco, Chino, Chino design, and construction of natural treat- (2) PLAN.—Not later than 90 days after the Hills, and Ontario in San Bernardino ment systems and wetlands for the flows of date of enactment of this section, the Sec- County. These communities serve the the Santa Ana River, California, and its trib- retary, in consultation with the Orange needs of millions of citizens. utaries into the Prado Basin. County Water District, shall jointly prepare Because the Santa Ana River water- ‘‘(b) COST SHARING.—The Federal share of a plan, updated annually, identifying the the cost of the project described in sub- goals and objectives of the center. shed crosses multiple jurisdictions, section (a) shall not exceed 25 percent of the this legislation seeks to complement (c) AUTHORIZATION OF APPROPRIATIONS.— total cost of the project. There are authorized to carry out sub- the ability to produce reclaimed water ‘‘(c) LIMITATION.—Funds provided by the sections (a) and (b), $2,000,000, for each of fis- in one area with expanded desalination Secretary shall not be used for the operation cal years 2008 through 2013. Such sums shall projects in the neighboring Chino and maintenance of the project described in remain available until expended. Basin, providing a four-fold increase in subsection (a). (d) REPORT.—Not later than one year after the ability to desalinate groundwater ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— the date of enactment of this section and an- There is authorized to be appropriated to supplies. The Chino Basin groundwater nually thereafter, the Secretary, in consulta- carry out this section $10,000,000. tion with the Orange County Water District, desalters will be the primary drinking ‘‘(e) SUNSET OF AUTHORITY.—This section shall provide a report to Congress on the sta- water supply for over 40,000 new homes shall have no effect after the date that is 10 tus of the center and its accomplishments. years after the date of the enactment of this in Riverside and San Bernardino Coun- (e) SUNSET OF AUTHORITY.—This section ties. section.’’. shall have no effect after the date that is 10 (b) CONFORMING AMENDMENT.—The table of The Groundwater Replenishment years after the date of the enactment of this sections in section 2 of Public Law 102–575 is System, which is expected to be fully section. operational in just weeks, is the larg- further amended by inserting after the last item the following: est indirect potable reuse project in the By Mr. KOHL (for himself, Mr. ‘‘16ll. Prado Basin Natural Treatment Sys- BIDEN, and Mrs. CLINTON): world. The focal point of the system is tem Project.’’. S. 2261. A bill to restore the rule that membrane purification technology. SEC. 3. LOWER CHINO DAIRY AREA DESALINA- Thus, $12 million is being requested to TION DEMONSTRATION AND REC- agreements between manufacturers build an advanced water filtration LAMATION PROJECT. and retailers, distributors, or whole- technologies research center to find (a) IN GENERAL.—The Reclamation Waste- salers to set the minimum price below better, more cost-effective approaches water and Groundwater Study and Facilities which the manufacturer’s product or to water purification as it relates to Act (Public Law 102–575, title XVI; 43 U.S.C. service cannot be sold violates the 390h et seq.) is further amended by adding at Sherman Act; to the Committee on the municipal water supply needs. the end the following: This regional plan will decrease reli- Judiciary. ‘‘SEC. 16ll. LOWER CHINO DAIRY AREA DESALI- ability on imported water supplies NATION DEMONSTRATION AND REC- Mr. KOHL. Mr. President, I use today from the Colorado River and Califor- LAMATION PROJECT. to introduce legislation essential to nia’s deteriorating Bay-Delta water ‘‘(a) IN GENERAL.—The Secretary, in co- consumers receiving the best prices on supply system. It will also allow for operation with the Chino Basin every product from electronics to banking millions of gallons of water in Watermaster, the Inland Empire Utilities clothing to groceries. My bill, Discount Agency, and the Santa Ana Watershed Pricing Consumer Protection Act, will our groundwater basin, protecting the Project Authority and acting under the Fed- region against natural disasters that eral reclamation laws, shall participate in restore the nearly century old rule could disrupt the delivery of water to the design, planning, and construction of the that it is illegal under antitrust law for Southern California from the fragile Lower Chino Dairy Area desalination dem- a manufacturer to set a minimum price Delta and Colorado systems. onstration and reclamation project. below which a retailer cannot sell the I am proud of the commitment our ‘‘(b) COST SHARING.—The Federal share of manufacturer’s product, a practice regional agencies have made to develop the cost of the project described in sub- known as ‘‘resale price maintenance’’ a response to meet the current and fu- section (a) shall not exceed— or ‘‘vertical price fixing’’. Last June, ‘‘(1) 25 percent of the total cost of the ture demands for water supply. The re- project; or overturning a 96-year-old precedent, a gional plan has broad community sup- ‘‘(2) $26,000,000. narrow 5–4 Supreme Court majority in port, solves multiple water supply ‘‘(c) LIMITATION.—Funds provided by the the Leegin case incorrectly interpreted problems, reduces energy consumption, Secretary shall not be used for operation or the Sherman Act to overturn this basic

VerDate Aug 31 2005 02:24 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\G30OC6.057 S30OCPT1 cnoel on PRODPC60 with SENATE_CN October 30, 2007 CONGRESSIONAL RECORD — SENATE S13583 rule of the marketplace which has as Wal-Mart, Best Buy or Target can The Discount Pricing Consumer Pro- served consumers well for nearly a cen- ‘‘take care of themselves’’ and have tection Act will accomplish this goal. tury. My bill will correct this misinter- sufficient market power to fight manu- My legislation is quite simple and di- pretation of antitrust law and restore facturer efforts to impose retail prices. rect. It would simply add one sentence the per se ban on vertical price fixing. Whatever the merits of that argument, to Section 1 of the Sherman Act—the The reasons for this legislation are I am particularly worried about the ef- basic provision addressing combina- compelling. Allowing manufacturers to fect of this new rule permitting min- tions in restraint of trade—a statement set minimum retail prices will threat- imum vertical price fixing on the next that any agreement with a retailer, en the very existence of discounting generation of discount retailers. If new wholesaler or distributor setting a and discount stores, and lead to higher discount retailers can be prevented price below which a product or service prices for consumers. For nearly a cen- from selling products at a discount at cannot be sold violates the law. No bal- tury the rule against vertical price fix- the behest of an established retailer ancing or protracted legal proceedings ing permitted discounters to sell goods worried about the competition, we will will be necessary. Should a manufac- at the most competitive price. Many imperil an essential element of retail turer enter into such an agreement it credit this rule with the rise of today’s competition so beneficial to con- will unquestionably violate antitrust low price, discount retail giants— sumers. law. The uncertainty and legal impedi- stores like Target, Best Buy, Walmart, In overturning the per se ban on ments to antitrust enforcement of vertical price fixing, the Supreme and the internet site Amazon, which vertical price fixing will be replaced by Court in Leegin announced this prac- offer consumers a wide array of highly simple and clear legal rule—a legal tice should instead be evaluated under desired products at discount prices. rule that will promote low prices and what is known as the ‘‘rule of reason.’’ From my own personal experience in discount competition to the benefit of business I know of the dangers of per- Under the rule of reason, a business practice is illegal only if it imposes an consumers every day. mitting vertical price fixing. My fam- In the last few decades, millions of ily started the Kohl’s department ‘‘unreasonable’’ restraint on competition. The burden is on the party chal- consumers have benefited from an ex- stores in 1962, and I worked there for plosion of retail competition from new many years before we sold the stores in lenging the practice to prove in court that the anti-competitive effects of the large discounters in virtually every the 1980s. On several occasions, we lost practice outweigh its justifications. In product, from clothing to electronics lines of merchandise because we tried the words of the Supreme Court, the to groceries, in both ‘‘big box’’ stores to sell at prices lower than what the party challenging the practice must es- and on the Internet. Our legislation manufacturer and our rival retailers tablish the restraint’s ‘‘history, nature will correct the Supreme Court’s ab- wanted. For example, when we started and effect.’’ Whether the businesses in- rupt change to antitrust law, and will Kohl’s and were just a small compet- volved possess market power ‘‘is a fur- ensure that today’s vibrant competi- itor to the established retail giants, we ther, significant consideration’’ under tive retail marketplace and the savings had serious difficulties obtaining the the rule of reason. gained by American consumers from leading brand name jeans. The tradi- In short, establishing that any spe- discounting will not be jeopardized by tional department stores demanded cific example of vertical price fixing the abolition of the ban on vertical that the manufacturer not sell to us violates the rule of reason is an oner- price fixing. I urge my colleagues to unless we would agree to maintain a ous and difficult burden for a plaintiff support this bill. certain minimum price. Because they in an antitrust case. Parties com- Mr. President, I ask unanimous con- didn’t want to lose the business of plaining about vertical price fixing are sent that the text of the bill be printed their biggest customers, that jeans likely to be small discount stores with in the RECORD. manufacturer acquiesced in the de- limited resources to engage in lengthy There being no objection, the text of mands of the department stores—at and complicated antitrust litigation. the bill was ordered to be printed in least until our lawyers told them that These plaintiffs are unlikely to possess the RECORD, as follows: they were violating the rule against the facts necessary to make the exten- S. 2261 vertical price fixing. sive showing necessary to prove a case Be it enacted by the Senate and House of Rep- So I know first hand the dangers to under the ‘‘rule of reason.’’ In the resentatives of the United States of America in competition and discounting of permit- words of FTC Commissioner Pamela Congress assembled, ting the practice of vertical price fix- Jones Harbour, applying the rule of SECTION 1. SHORT TITLE. ing. But we don’t need to rely on my reason to vertical price fixing ‘‘is a vir- This Act may be cited as the ‘‘Discount own experience. For nearly 40 years tual euphemism for per se legality.’’ Pricing Consumer Protection Act’’. until 1975 when Congress passed the In July, our Antitrust Subcommittee SEC. 2. STATEMENT OF FINDINGS AND DECLARA- Consumer Goods Pricing Act, Federal conducted an extensive hearing into TION OF PURPOSES. law permitted States to enact so-called the Leegin decision and the likely ef- (a) FINDINGS.—Congress finds the fol- ‘‘fair trade’’ laws legalizing vertical fects of abolishing the ban on vertical lowing: price fixing. Studies the Department of price fixing. Both former FTC Chair- (1) From 1911 in the Dr. Miles decision until June 2007 in the Leegin decision, the Supreme Justice conducted in the late 1960s in- man Robert Pitofsky and current FTC Court had ruled that the Sherman Act forbid dicated that prices were between 18–27 Commissioner Harbour strongly en- in all circumstances the practice of a manu- percent higher in the states that al- dorsed restoring the ban on vertical facturer setting a minimum price below lowed vertical price fixing than the price fixing. Marcy Syms, CEO of the which any retailer, wholesaler or distributor states that had not passed such ‘‘fair Syms discount clothing stores, did so could not sell the manufacturer’s product trade’’ laws, costing consumers at least as well, citing the likely dangers to the (the practice of ‘‘resale price maintenance’’ $2.1 billion per year at that time. ability of discounters such as Syms to or ‘‘vertical price fixing’’). Given the tremendous economic survive after abolition of the rule (2) The rule of per se illegality forbidding growth in the intervening decades, the against vertical price fixing. Ms. Syms resale price maintenance promoted price competition and the practice of discounting likely harm to consumers if vertical also stated that ‘‘it would be very un- all to the substantial benefit of consumers price fixing were permitted is even likely for her to bring an antitrust and the health of the economy. greater today. In his dissenting opinion suit’’ challenging vertical price fixing (3) Many economic studies showed that the in the Leegin case, Justice Breyer esti- under the rule of reason because her rule against resale price maintenance led to mated that if only 10 percent of manu- company ‘‘would not have the re- lower prices and promoted consumer welfare. facturers engaged in vertical price fix- sources, knowledge or a strong enough (4) Abandoning the rule against resale ing, the volume of commerce affected position in the market place to make price maintenance will likely lead to higher today would be $300 billion dollars, such action prudent.’’ Our examination prices paid by consumers and substantially harms the ability of discount retail stores to translating into retail bills that would of this issue has produced compelling compete. For 40 years prior to 1975, Federal average $750 to $ 1,000 dollars higher for evidence for the continued necessity of law permitted states to enact so-called ‘‘fair the average family of four every year. a ban on vertical price fixing to protect trade’’ laws allowing vertical price fixing. Defenders of the Leegin decision discounting and low prices for con- Studies conducted by the Department of Jus- argue that today’s giant retailers such sumers. tice in the late 1960s indicated that retail

VerDate Aug 31 2005 02:24 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A30OC6.037 S30OCPT1 cnoel on PRODPC60 with SENATE_CN S13584 CONGRESSIONAL RECORD — SENATE October 30, 2007 prices were between 18 and 27 percent higher management strategies and sound busi- Sec. 203. Establishment. in states that allowed vertical price fixing ness practices for the continued preser- Sec. 204. Regulations. than those that did not. Likewise, a 1983 vation and use of heritage assets. Sec. 205. Authorization of appropriations. study by the Bureau of Economics of the The Save America’s Treasures pro- TITLE I—PRESERVE AMERICA PROGRAM Federal Trade Commission found that, in SEC. 101. PURPOSE. most cases, resale price maintenance in- gram began during the Clinton administration as a national effort to protect The purpose of this title is to authorize the creased the prices of products sold. Preserve America Program, including— (5) The 5–4 decision of the Supreme Court our Nation’s threatened cultural treas- (1) the Preserve America grant program majority in Leegin incorrectly interpreted ures, including historic structures, col- within the Department of the Interior; the Sherman Act and improperly disregarded lections, works of art, maps and jour- (2) the recognition programs administered 96 years of antitrust law precedent in over- nals that document our heritage and to by the Advisory Council on Historic Preser- turning the per se rule against resale price highlight and preserve the history and vation; and maintenance. culture of the U.S. The program was (3) the related efforts of Federal agencies, (b) PURPOSES.—The purposes of this Act working in partnership with State, tribal, are— established by Executive Order 13072 in February 1998. Save America’s Treas- and local governments and the private sec- (1) to correct the Supreme Court’s mis- tor, to support and promote the preservation taken interpretation of the Sherman Act in ures was originally created as the cen- of historic resources. the Leegin decision; and terpiece of the White House National SEC. 102. DEFINITIONS. (2) to restore the rule that agreements be- Millennium Commemoration, and as a In this title: tween manufacturers and retailers, distribu- public-private partnership that in- (1) COUNCIL.—The term ‘‘Council’’ means tors or wholesalers to set the minimum price cluded the White House, the National the Advisory Council on Historic Preserva- below which the manufacturer’s product or Park Service and the National Trust tion. service cannot be sold violates the Sherman for Historic Preservation. From 1998 (2) HERITAGE TOURISM.—The term ‘‘heritage Act. tourism’’ means the conduct of activities to SEC. 3. PROHIBITION ON VERTICAL PRICE FIX- through 2006, over $300 million in Fed- eral and private funding has been attract and accommodate visitors to a site ING. or area based on the unique or special as- (a) AMENDMENT TO THE SHERMAN ACT.—Sec- awarded for over 1,000 grants. pects of the history, landscape (including tion 1 of the Sherman Act (15 U.S.C. 1) is While both programs are nationwide trail systems), and culture of the site or amended by adding after the first sentence in scope, I want to highlight the fact area. the following: ‘‘Any contract, combination, that the Preserve America and Save (3) PROGRAM.—The term ‘‘program’’ means conspiracy or agreement setting a minimum America’s Treasures programs have the Preserve America Program established price below which a product or service can- also been very successful in my home under section 103(a). not be sold by a retailer, wholesaler, or dis- State. Las Vegas and Silver City, NM, (4) SECRETARY.—The term ‘‘Secretary’’ tributor shall violate this Act.’’. means the Secretary of the Interior. (b) EFFECTIVE DATE.—The amendment have been designated Preserve America SEC. 103. ESTABLISHMENT. made by subsection (a) shall take effect 90 communities, and 15 Save America’s (a) IN GENERAL.—There is established in days after the date of enactment of this Act. Treasures grants worth nearly 5 mil- the Department of the Interior the Preserve lion dollars have been awarded over the By Mr. DOMENICI (for himself America Program, under which the Sec- years to entities throughout the State retary, in partnership with the Council, shall and Mrs. CLINTON): of New Mexico for various historic provide competitive grants to States, local S. 2262. A bill to authorize the Pre- preservation projects. From the Palace governments (including local governments in serve America Program and Save of the Governor’s Collections in Santa the process of applying for designation as America’s Treasures Program, and for Fe to the Lincoln Historic District, Preserve America Communities under sec- other purposes; to the Committee on where the outlaw Billy the Kid partici- tion 104), Indian tribes, communities des- Energy and Natural Resources. ignated as Preserve America Communities pated in the Lincoln County War, these under section 104, State historic preservation Mr. DOMENICI. Mr. President, I rise programs have proved invaluable to today to introduce the Preserve Amer- offices, and tribal historic preservation of- preserving the rich heritage of New fices to support preservation efforts through ica and Save America’s Treasures Act Mexico. heritage tourism, education, and historic to formally authorize two important I am proud to offer this bill to au- preservation planning activities. historic preservation programs—the thorize these two important historic (b) ELIGIBLE PROJECTS.— Preserve America Program and the preservation programs. I hope my col- (1) IN GENERAL.—The following projects Save America’s Treasures Program. I leagues will join with me in approving shall be eligible for a grant under this title: (A) A project for the conduct of— am pleased to be joined in this effort the Preserve America and Save Amer- my colleague from New York, Senator (i) research on, and documentation of, the ica’s Treasures Act. history of a community; and CLINTON. I ask unanimous consent that the (ii) surveys of the historic resources of a Both the Preserve America Program text of the bill be printed in the community. and the Save America’s Treasures Pro- RECORD. (B) An education and interpretation gram have demonstrated significant There being no objection, the text of project that conveys the history of a commu- success nationwide. However, both ad- the bill was ordered to be printed in nity or site. (C) A planning project (other than building ministration programs have relied the RECORD, as follows: rehabilitation) that advances economic de- solely on the will of the appropriations S. 2262 process and currently lack the long- velopment using heritage tourism and his- Be it enacted by the Senate and House of Rep- term stability provided by formal au- toric preservation. resentatives of the United States of America in (D) A marketing project that promotes and thorization. This bill would authorize Congress assembled, enhances the visitor experience to a commu- these two important programs and pro- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. nity. vide for the protection of America’s (a) SHORT TITLE.—This Act may be cited as (E) A training project that provides oppor- heritage for years to come. the ‘‘Preserve America and Save America’s tunities for professional development in The Preserve America initiative was Treasures Act’’. areas that would aid a community in using announced by First Lady Laura Bush (b) TABLE OF CONTENTS.—The table of con- and promoting its historic resources. on March 3, 2003, and established by tents of this Act is as follows: (F) A project to support heritage tourism Executive Order 13287. The initiative Sec. 1. Short title; table of contents. in a Preserve America Community des- TITLE I—PRESERVE AMERICA PROGRAM ignated under section 104. was developed in cooperation with a (2) LIMITATION.—In providing grants under number of Federal agency partners to Sec. 101. Purpose. this title, the Secretary shall only provide 1 encourage and support community ef- Sec. 102. Definitions. grant to each eligible project selected for a Sec. 103. Establishment. forts for the preservation and enjoy- grant. Sec. 104. Designation of Preserve America ment of our priceless cultural and nat- (c) PREFERENCE.—In providing grants Communities. under this title, the Secretary may give pref- ural heritage. Since 2003, 549 cities in Sec. 105. Regulations. erence to projects that carry out the pur- all 50 States have been designated Pre- Sec. 106. Authorization of appropriations. poses of both the program and the Save serve America Communities, and 140 of TITLE II—SAVE AMERICA’S TREASURES America’s Treasures Program. the Preserve America Communities PROGRAM (d) CONSULTATION AND NOTIFICATION.— have received a combined total of $10 Sec. 201. Purpose. (1) CONSULTATION.—The Secretary shall million to develop sustainable resource Sec. 202. Definitions. consult with the Council in preparing the

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list of projects to be provided grants for a SEC. 202. DEFINITIONS. (1) IN GENERAL.—The Secretary shall not fiscal year under the program. In this title: provide a grant under this title to a project (2) NOTIFICATION.—Not later than 30 days (1) COLLECTION.—The term ‘‘collection’’ for an eligible collection or historic property before the date on which the Secretary pro- means a collection of intellectual and cul- unless the project— vides grants for a fiscal year under the pro- tural artifacts, including documents, sculp- (A) eliminates or substantially mitigates gram, the Secretary shall submit to the ture, and works of art. the threat of destruction or deterioration of Committee on Energy and Natural Resources (2) ELIGIBLE ENTITY.—The term ‘‘eligible the eligible collection or historic property; of the Senate, the Committee on Appropria- entity’’ means a Federal entity, State, local, (B) has a clear public benefit; and tions of the Senate, the Committee on Nat- or tribal government, educational institu- (C) is able to be completed on schedule and ural Resources of the House of Representa- tion, or nonprofit organization. within the budget described in the grant ap- tives, and the Committee on Appropriations (3) HISTORIC PROPERTY.—The term ‘‘his- plication. of the House of Representatives a list of any toric property’’ has the meaning given the (2) PREFERENCE.—In providing grants under eligible projects that are to be provided term in section 301 of the National Historic this title, the Secretary may give preference grants under the program for the fiscal year. Preservation Act (16 U.S.C. 470w). to projects that carry out the purposes of (e) COST-SHARING REQUIREMENT.— (4) NATIONALLY SIGNIFICANT.—The term both the program and the Preserve America (1) IN GENERAL.—The non-Federal share of ‘‘nationally significant’’ means a collection Program. the cost of carrying out a project provided a or historic property that meets the applica- (3) LIMITATION.—In providing grants under grant under this title shall be not less than ble criteria for national significance, in ac- this title, the Secretary shall only provide 1 50 percent of the total cost of the project. cordance with regulations promulgated by grant to each eligible project selected for a (2) FORM OF NON-FEDERAL SHARE.—The non- the Secretary pursuant to section 101(a)(2) of grant. Federal share required under paragraph (1) the National Historic Preservation Act (16 (f) CONSULTATION AND NOTIFICATION BY SEC- shall be in the form of— U.S.C. 470a(a)(2)). RETARY.— (1) CONSULTATION.— (A) cash; or (5) PROGRAM.—The term ‘‘program’’ means (B) donated supplies and related services, the Save America’s Treasures Program es- (A) IN GENERAL.—Subject to subparagraph the value of which shall be determined by tablished under section 203(a). (B), the Secretary shall consult with the Na- tional Endowment for the Arts, the National the Secretary. (6) SECRETARY.—The term ‘‘Secretary’’ Endowment for the Humanities, the Insti- (3) REQUIREMENT.—The Secretary shall en- means the Secretary of the Interior, acting sure that the non-Federal share for an eligi- through the Director of the National Park tute of Museum and Library Services, the National Trust for Historic Preservation, ble project required under paragraph (1) shall Service. and the President’s Committee on Arts and be available for expenditure before a grant is SEC. 203. ESTABLISHMENT. Humanities in preparing the list of projects provided to the eligible project under the (a) IN GENERAL.—There is established in to be provided grants for a fiscal year by the program. the Department of the Interior the Save Secretary under the program. SEC. 104. DESIGNATION OF PRESERVE AMERICA America’s Treasures program, under which (B) LIMITATION.—If an entity described in COMMUNITIES. the amounts made available to the Secretary subparagraph (A) has submitted an applica- (a) APPLICATION.—To be considered for des- under section 205 shall be used by the Sec- tion for a grant under the program, the enti- ignation as a Preserve America Community, retary, in consultation with the National ty shall be recused by the Secretary from the a community, tribal area, or neighborhood Endowment for the Arts, the National En- consultation requirements under that sub- shall submit to the Council an application dowment for the Humanities, the Institute of paragraph and subsection (a). containing such information as the Council Museum and Library Services, the National (2) NOTIFICATION.—Not later than 30 days may require. Trust for Historic Preservation, and the before the date on which the Secretary pro- (b) CRITERIA.—To be designated as a Pre- President’s Committee on the Arts and the vides grants for a fiscal year under the pro- serve America Community under the pro- Humanities, subject to subsection (f)(1)(B), gram, the Secretary shall submit to the gram a community, tribal area, or neighbor- to provide grants to eligible entities for Committee on Energy and Natural Resources hood that submits an application under sub- projects to preserve nationally significant of the Senate, the Committee on Appropria- section (a) shall, as determined by the Coun- collections and historic properties. tions of the Senate, the Committee on Nat- cil, in consultation with the Secretary— (b) DETERMINATION OF GRANTS.—Of the ural Resources of the House of Representa- (1) protect and celebrate the heritage of amounts made available for grants under tives, and the Committee on Appropriations the community, tribal area, or neighbor- section 205, not less than 50 percent shall be of the House of Representatives a list of any hood; made available for grants for projects to pre- eligible projects that are to be provided (2) use the historic assets of the commu- serve collections and historic properties, to grants under the program for the fiscal year. nity, tribal area, or neighborhood for eco- be distributed through a competitive grant (g) COST-SHARING REQUIREMENT.— nomic development and community revital- process administered by the Secretary, sub- (1) IN GENERAL.—The non-Federal share of ization; ject to the eligibility criteria established the cost of carrying out a project provided a (3) encourage people to experience and ap- under subsection (e). grant under this title shall be not less than preciate local historic resources through (c) APPLICATIONS FOR GRANTS.—To be con- 50 percent of the total cost of the project. education and heritage tourism programs; sidered for a competitive grant under the (2) FORM OF NON-FEDERAL SHARE.—The non- and program an eligible entity shall submit to Federal share required under paragraph (1) (4) meet any other criteria required by the the Secretary an application containing such shall be in the form of— Council. information as the Secretary may require. (A) cash; or (c) GUIDELINES.—The Council, in consulta- (d) COLLECTIONS AND HISTORIC PROPERTIES (B) donated supplies or related services, tion with the Secretary, shall establish any ELIGIBLE FOR COMPETITIVE GRANTS.— the value of which shall be determined by guidelines that are necessary to carry out (1) IN GENERAL.—A collection or historic the Secretary. this section. property shall be provided a competitive (3) REQUIREMENT.—The Secretary shall en- SEC. 105. REGULATIONS. grant under the program only if the Sec- sure that each applicant for a grant has the The Secretary shall develop any guidelines retary determines that the collection or his- capacity and a feasible plan for securing the and issue any regulations that the Secretary toric property is— non-Federal share for an eligible project re- determines to be necessary to carry out this (A) nationally significant; and quired under paragraph (1) before a grant is title. (B) threatened or endangered. provided to the eligible project under the SEC. 106. AUTHORIZATION OF APPROPRIATIONS. (2) ELIGIBLE COLLECTIONS.—A determina- program. There are authorized to be appropriated tion by the Secretary regarding the national SEC. 204. REGULATIONS. such sums as are necessary to carry out this significance of collections under paragraph The Secretary shall develop any guidelines title. (1)(A) shall be made in consultation with the and issue any regulations that the Secretary National Endowment for the Arts, the Na- determines to be necessary to carry out this TITLE II—SAVE AMERICA’S TREASURES tional Endowment for the Humanities, the title. PROGRAM National Trust for Historic Preservation, or SEC. 205. AUTHORIZATION OF APPROPRIATIONS. SEC. 201. PURPOSE. the Institute of Museum and Library Serv- There are authorized to be appropriated The purpose of this title is to authorize ices, as appropriate. such sums as are necessary to carry out this within the Department of the Interior the (3) ELIGIBLE HISTORIC PROPERTIES.—To be title. Save America’s Treasures Program, to be eligible for a competitive grant under the (At the request of Mr. REID, the fol- carried out by the Director of the National program, a historic property shall, as of the lowing statement was ordered to be Park Service, in partnership with National date of the grant application— printed in the RECORD.) Endowment for the Arts, the National En- (A) be listed in the National Register of ∑ dowment for the Humanities, the Institute of Historic Places at the national level of sig- Mrs. CLINTON. Mr. President, I am Museum and Library Services, the National nificance; or proud to join Senator DOMENICI to in- Trust for Historic Preservation, and the (B) be designated as a National Historic troduce the Preserve America and Save President’s Committee on the Arts and the Landmark. America’s Treasures Act. This legisla- Humanities. (e) SELECTION CRITERIA FOR GRANTS.— tion will formally authorize Save

VerDate Aug 31 2005 02:24 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A30OC6.039 S30OCPT1 cnoel on PRODPC60 with SENATE_CN S13586 CONGRESSIONAL RECORD — SENATE October 30, 2007 America’s Treasures and Preserve the appropriations process and lack the At the appropriate place add the following: America for the first time. long-term viability provided by formal SEC. 224. PROHIBITION OF FEDERAL SUBSIDIES Nearly 10 years ago, I helped create authorization. Both programs have FOR FOOD AND BEVERAGE SERVICE. Save America’s Treasures to preserve demonstrated significant on-the- Federal funds may not be used by the Na- and promote historic sites and arti- ground-results and are clearly worthy tional Railroad Passenger Corporation to subsidize food and beverage service on Am- facts across our country. On February of authorized legislation to institu- trak trains until Amtrak is in compliance 2, 1998, President Clinton established tionalize them for future generations. with section 24305(c)(4) of title 49, United Save America’s Treasures by Executive Our legislation will authorize a com- States Code. Order 13072. Save America’s Treasures petitive Save America’s Treasures f was originally founded as the center- grant program within the National piece of the White House National Mil- Park Service in partnership with the NOTICE OF HEARING lennium Commemoration and as a pub- National Endowment for the Arts, the COMMITTEE ON ENERGY AND NATURAL lic-private partnership that included National Endowment for the Human- RESOURCES the White House, the National Park ities, the Institute of Museum and Li- Mr. BINGAMAN. Mr. President, I Service, and the National Trust for brary Services, and the President’s would like to announce that a hearing Historic Preservation. Committee on the Arts and the Hu- has been scheduled before the Senate Save America’s Treasures was envi- manities. Committee on Energy and Natural Re- sioned as a 2-year commemorative It will also authorize a competitive sources. project that would illuminate the prob- Preserve America grant program with- The hearing will be held on Tuesday, lem of our neglected heritage and in- in the Department of the Interior in November 6, 2007, at 10 a.m., in room spire Americans to help save the im- cooperation with the Advisory Council SD–366 of the Dirksen Senate Office portant treasures in their own commu- on Historic Preservation and other Building. nities. Almost 10 years later and Save Federal agencies. The purpose of the hearing is to re- America’s Treasures is still going I am proud to be an original cospon- ceive testimony on whether domestic strong. This model public-private part- sor of this legislation that will help en- energy industry will have the available nership has provided critical support of sure that future generations will have workforce—crafts and professional—to bricks and mortar preservation an opportunity to experience our past meet our Nation’s growing energy projects in every State and territory. and understand the identity of our Na- needs and if gaps exist, what policies These sites include such icons as the tion. I thank Senator DOMENICI for his the Congress should take to address Star Spangled Banner, the Old North leadership, and I hope my colleagues these gaps. Church, Mesa Verde, Valley Forge and will join with me in approving the Pre- Because of the limited time available the last remaining architectural model serve America and Save America’s ∑ for the hearing, witnesses may testify of the World Trade Center. The list Treasures Act. by invitation only. However, those also includes the Founding Father’s f wishing to submit written testimony Papers, the Acoma Pueblo, President SUBMITTED RESOLUTIONS for the hearing record should send it to Lincoln’s Cottage, and the Sewall Bel- the Committee on Energy and Natural mont House. Resources, United States Senate, To help ensure that future genera- SENATE RESOLUTION 360—OFFER- Washington, DC 20510–6150, or by email tions will have an opportunity to expe- ING CONDOLENCES REGARDING to rose- rience our past and understand our THE TRAGIC FIRE IN OCEAN [email protected]. identity as a community and as a na- ISLE BEACH, NORTH CAROLINA, For further information, please con- tion, Save America’s Treasure’s has WHICH KILLED 6 UNIVERSITY OF tact Jonathan Epstein at (202) 228–3031 educated the public on preservation SOUTH CAROLINA STUDENTS or Rosemarie Calabro at (202) 224–5039. problems facing the buildings, sites, AND 1 STUDENT FROM CLEMSON monuments, objects and documents COMMITTEE ON ENERGY AND NATURAL UNIVERSITY ON OCTOBER 28, RESOURCES that represent America’s diverse cul- 2007. Mr. BINGAMAN. Mr. President, I tural legacy, and it has supported pres- Mr. DEMINT (for himself and Mr. would like to announce for the infor- ervation of historic collections and GRAHAM) submitted the following reso- mation of the Senate and the public properties. The program also supports and ad- lution; which was considered and that an oversight hearing has been vances the purposes and policies of the agreed to: scheduled before the Senate Committee national historic preservation program S. RES. 360 on Energy and Natural Resources. set forth by the Congress in the Na- Resolved, That the Senate offers its heart- The hearing will be held on Tuesday, tional Historic Preservation Act of felt condolences to the victims and their November 13, 2007, at 2:30 p.m., in room families regarding the tragic fire on October SD–366 of the Dirksen Senate Office 1966. 28, 2007, in Ocean Isle Beach, North Carolina, The President and First Lady Bush Building. which killed 6 University of South Carolina The purpose of this oversight hearing have continued to keep the historic students and 1 student from Clemson Univer- preservation effort alive in America. sity, and to the students, faculty, adminis- is to receive testimony on The Surface President Bush announced the Preserve tration, and staff and their families who Mining Control and Reclamation Act of America initiative through Executive have been deeply affected by these tragic 1977: Policy Issues Thirty Years Later. Order 13287 on March 3, 2003 to promote events. Because of the limited time available the preservation of America’s heritage f for the hearing, witnesses may testify by actively advancing the protection, by invitation only. However, those AMENDMENTS SUBMITTED AND wishing to submit written testimony enhancement, and contemporary use of PROPOSED the historic properties. for the hearing record should send it to Through the Preserve America initia- SA 3490. Mr. ENSIGN submitted an amend- the Committee on Energy and Natural ment intended to be proposed by him to the Resources, United States Senate, tive, Americans gain greater knowl- bill S. 294, to reauthorize Amtrak, and for edge about our Nation’s past, strength- Washington, DC 20510–6150, or by e-mail other purposes; which was ordered to lie on to [email protected]. ened regional identities, increased the table. For further information, please con- local participation in preserving the f country’s cultural and natural heritage tact Patty Beneke at 202–224–5451 or assets, and support for the economic TEXT OF AMENDMENTS Gina Weinstock at (202) 224–5684. vitality of our communities. SA 3490. Mr. ENSIGN submitted an COMMITTEE ON INDIAN AFFAIRS The legislation that Senator DOMEN- amendment intended to be proposed by Mr. DORGAN. Mr. President, I would ICI and I have introduced will formally him to the bill S. 294, to reauthorize like to announce that the Committee authorize Preserve America and Save Amtrak, and for other purposes; which on Indian Affairs will meet on Thurs- America’s Treasures. Both of these pro- was ordered to lie on the table; as fol- day, November 1, 2007, at 9:30 a.m. in grams have relied solely on the will of lows: room 628 of the Dirksen Senate Office

VerDate Aug 31 2005 02:24 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A30OC6.040 S30OCPT1 cnoel on PRODPC60 with SENATE_CN October 30, 2007 CONGRESSIONAL RECORD — SENATE S13587 Building in order to conduct an over- The PRESIDING OFFICER. Without to the consideration of S. 2265, intro- sight hearing on the Impact of the objection, it is so ordered. duced earlier today. Flood Control Act of 1944 on Indian SELECT COMMITTEE ON INTELLIGENCE The PRESIDING OFFICER. The Tribes along the Missouri River. Mr. LAUTENBERG. Mr. President, I clerk will report the resolution by Those wishing additional information ask unanimous consent that the Select title. may contact the Indian Affairs Com- Committee on Intelligence be author- The legislative clerk read as follows: mittee at 224–2251. ized to meet during the session of the A bill (S. 2265) to extend the existing provi- f Senate on October 30, 2007 at 2:30 p.m. sions regarding the eligibility for essential in order to hold a closed hearing. air service subsidies through fiscal year 2008. AUTHORITY FOR COMMITTEES TO The PRESIDING OFFICER. Without There being no objection, the Senate MEET objection, it is so ordered. proceeded to consider the bill. COMMITTEE ON COMMERCE, SCIENCE, AND f Mr. DURBIN. Mr. President, I ask TRANSPORTATION unanimous consent the bill be read Mr. LAUTENBERG. Mr. President, I APPOINTMENT three times, passed, the motion to re- ask unanimous consent that the Com- The PRESIDING OFFICER. The consider be laid on the table, and any mittee on Commerce, Science, and Chair, on behalf of the President pro statements be printed in the RECORD. Transportation be authorized to hold a tempore and upon the recommendation The PRESIDING OFFICER. Without hearing during the session of the Sen- of the Republican Leader, pursuant to objection, it is so ordered. ate on Tuesday, October 30, 2007, at 2:30 Section 2 (b) of Public Law 98–183, as The bill (S. 2265) was ordered to be p.m., in room 253 of the Russell Senate amended by Public Law 103–419, ap- engrossed for a third reading, was read Office Building. points Gail Heriot, of California, to the the third time, and passed, as follows: During the Executive Session, Com- United States Commission on Civil S. 2265 mittee members will markup the fol- Rights, for a term of 6 years. Be it enacted by the Senate and House of Rep- lowing agenda items: S. 2045, Consumer f resentatives of the United States of America in Product Safety Commission (CPSC) Congress assembled, Reform Act of 2007; S. 2096, Do-Not-Call ORDER FOR STAR PRINT—SENATE SECTION 1. ESSENTIAL AIR SERVICE. Improvement Act of 2007; S. 1580, the REPORT 110–208 (a) IN GENERAL.—Subsection (d) of section Coral Reef Conservation Amendments Mr. DURBIN. Mr. President, I ask 409 of the Vision 100—Century of Aviation Act of 2007; S. 1853, Community unanimous consent that Senate Report Reauthorization Act (49 U.S.C. 41731 note) is amended by striking ‘‘September 30, 2007’’ Broadband Act of 2007; S. 1675, Local 110–208 be star printed with the changes Community Radio Act of 2007; H. Con. and inserting ‘‘September 30, 2008’’. at the desk. (b) EFFECTIVE DATE.—The amendment Res. 225, Honoring the 50th anniversary The PRESIDING OFFICER. Without made by subsection (a) shall take effect on of the dawn of the Space Age, and the objection, it is so ordered. September 29, 2007, and shall apply with re- ensuing 50 years of productive and f spect to any final order issued under sub- peaceful space activities; and the nomi- section (c) of section 409 of such Act that was nation of Mr. Todd J. Zinser, Inspector CONDOLENCES REGARDING THE in effect on such date. General—Designate, United States De- TRAGIC FIRE IN OCEAN ISLE partment of Commerce (PN 908) BEACH, NORTH CAROLINA f The PRESIDING OFFICER. Without Mr. DURBIN. Mr. President, I ask objection, it is so ordered. unanimous consent the Senate now ANDREW LAROCHELLE GOD, FAM- COMMITTEE ON FOREIGN RELATIONS proceed to consideration of S. Res. 360, ILY AND COUNTRY ACT OF 2007 Mr. LAUTENBERG. Mr. President, I which was submitted earlier today. The PRESIDING OFFICER. Mr. ask unanimous consent that the Com- The PRESIDING OFFICER. The President, I ask unanimous consent the mittee on Foreign Relations be author- clerk will report the resolution by Senate proceed to the immediate con- ized to meet during the session of the title. sideration of Calendar No. 430, S. 2198. Senate on Tuesday, October 30, 2007, at The legislative clerk read as follows: The PRESIDING OFFICER. The 2:30 p.m. in order to hold a nomination A resolution (S. Res. 360) offering condo- clerk will report the bill by title. hearing. lences regarding the tragic fire in Ocean Isle The legislative clerk read as follows: The PRESIDING OFFICER. Without Beach, North Carolina which killed 6 Univer- A bill (S. 2198) to require the Architect of objection, it is so ordered. sity of South Carolina students and 1 student the Capitol to permit acknowledgment of from Clemson University on October 28, 2007. COMMITTEE ON HEALTH, EDUCATION, LABOR, God on flag certificates. AND PENSIONS There being no objection, the Senate There being no objection, the Senate Mr. LAUTENBERG. Mr. President, I proceeded to consider the resolution. proceeded to consider the bill. ask unanimous consent that the Com- Mr. DURBIN. Mr. President, I ask Mr. DURBIN. I ask unanimous con- mittee on Health, Education, Labor, unanimous consent the resolution be sent the bill be read a third time and and Pensions be authorized to hold a agreed to, the motion to reconsider be passed, the motion to reconsider be hearing entitled ‘‘Protecting the U.S. laid on the table. laid on the table, and any statements From Drug Resistant Tuberculosis: Re- The PRESIDING OFFICER. Without be printed in the RECORD. investing in Control and New Tools Re- objection, it is so ordered. The PRESIDING OFFICER. Without search’’ during the session of the Sen- The resolution (S. Res. 360) was objection, it is so ordered. ate on Tuesday, October 30, 2007 at 10 agreed to, as follows: The bill (S. 2198) was ordered to be a.m. in room 430 of the Dirksen Senate S. RES. 360 engrossed for a third reading, was read Office Building. Resolved, That the Senate offers its heart- the third time and passed, as follows: The PRESIDING OFFICER. Without felt condolences to the victims and their S. 2198 families regarding the tragic fire on October objection, it is so ordered. Be it enacted by the Senate and House of Rep- 28, 2007, in Ocean Isle Beach, North Carolina, COMMITTEE ON HOMELAND SECURITY AND resentatives of the United States of America in which killed 6 University of South Carolina GOVERNMENTAL AFFAIRS Congress assembled, students and 1 student from Clemson Univer- Mr. LAUTENBERG. Mr. President, I sity, and to the students, faculty, adminis- SECTION 1. SHORT TITLE. ask unanimous consent that the Com- tration, and staff and their families who This Act may be cited as the ‘‘The Andrew mittee on Homeland Security and Gov- have been deeply affected by these tragic Larochelle God, Family, and Country Act of ernmental Affairs be authorized to events. 2007’’. SEC. 2. FLAG CERTIFICATES ISSUED BY THE AR- meet during the session of the Senate f on Tuesday, October 30, 2007, at 9:30 CHITECT OF THE CAPITOL. The Architect of the Capitol shall permit a.m. in order to conduct a hearing enti- EXTENDING ELIGIBILITY FOR ESSENTIAL AIR SERVICE the acknowledgment of God on flag certifi- tled ‘‘The Role of Local Law Enforce- cates that are issued at the request of a ment in Countering Violent Islamist Mr. DURBIN. Mr. President, I ask Member of the United States House of Rep- Extremism.’’ unanimous consent the Senate proceed resentatives or of the United States Senate.

VerDate Aug 31 2005 03:28 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A30OC6.043 S30OCPT1 cnoel on PRODPC60 with SENATE_CN S13588 CONGRESSIONAL RECORD — SENATE October 30, 2007 MEASURES READ THE FIRST visions of rule XIV, I object to my own permitted to speak therein for up to 10 TIME—S. 2264 AND H.R. 2295 EN request en bloc. minutes each, and the time be equally BLOC The PRESIDING OFFICER. Objec- divided and controlled with the major- tion is heard. The bills will be read for ity controlling the first half and the Mr. DURBIN. Mr. President, I under- the second time on the next legislative Republicans controlling the final half; stand that two bills are at the desk. I day. that following morning business, the ask for their first reading en bloc. f Senate resume consideration of the The PRESIDING OFFICER. Without motion to proceed to H.R. 3963, the objection, it is so ordered. The clerk ORDERS FOR WEDNESDAY, OCTOBER 31, 2007 children’s health insurance legislation. will report. The PRESIDING OFFICER. Without The legislative clerk read as follows: Mr. DURBIN. Mr. President, I ask objection, it is so ordered. A bill (S. 2264) a bill to amend the Internal unanimous consent that when the Sen- Revenue Code of 1986 to extend for two years ate completes it business today, it f the tax-free distributions from individual re- stand adjourned until 12 noon, Wednes- tirement plans for charitable purposes. day, October 31; that on Wednesday, ADJOURNMENT UNTIL TOMORROW A resolution (H.R. 2295) to amend the Pub- following the prayer and pledge, the Mr. DURBIN. Mr. President, if there lic Health Service Act to provide for the es- Journal of proceedings be approved to is no further business to come before tablishment of an Amyotrophic Lateral Scle- date, the morning hour be deemed ex- the Senate, I ask that the Senate stand rosis Registry. pired, the time for the two leaders re- adjourned under the previous order. Mr. DURBIN. Mr. President, I ask for served for their use later in the day; There being no objection, the Senate, a second reading, and in order to place that there then be a period of morning at 7:16 p.m., adjourned until Wednes- the bills on the calendar under the pro- business for 60 minutes with Senators day, October 31, 2007, at 12 noon.

VerDate Aug 31 2005 02:24 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\G30OC6.064 S30OCPT1 cnoel on PRODPC60 with SENATE_CN October 30, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E2271 EXTENSIONS OF REMARKS

IN RECOGNITION OF MAJOR SUPPORTING THE GOALS AND rollcall No. 1003: On the House Now Consid- GENERAL MARK A. GRAHAM IDEALS OF NATIONAL CHEM- ering H. Res. 774—‘‘yea’’; rollcall No. 1004: ISTRY WEEK Tabling motion to reconsider—‘‘yea’’; rollcall No. 1005: Motion to Adjourn—‘‘nay’’; rollcall HON. DOUG LAMBORN SPEECH OF No. 1006: Ordering the Previous Question— ‘‘yea’’; rollcall No. 1007: Agreeing to the rule OF COLORADO HON. ADRIAN SMITH providing for consideration of H.R. 3963— OF NEBRASKA IN THE HOUSE OF REPRESENTATIVES ‘‘yea’’; rollcall No. 1008: Motion to Recommit IN THE HOUSE OF REPRESENTATIVES with Instructions—‘‘nay’’; rollcall No. 1009: Monday, October 29, 2007 Monday, October 22, 2007 Passage of the Children’s Health Insurance Program Reauthorization Act, H.R. 3963— Mr. LAMBORN. Madam Speaker, I rise Mr. SMITH of Nebraska. Madam Speaker, ‘‘yea.’’ today in recognition of Major General Mark A. National Chemistry Week recognizes the im- Graham who became Commanding General of portance of chemistry to our modem society. f First Army Division West and Fort Carson on Chemistry is vital to the economy and the suc- September 14, 2007. cess of the Third District of Nebraska. Ne- HONORING THE CHILD ADVOCACY braska is known for its food, fiber, and fuel in- CENTER OF GENESEE COUNTY Major General Graham, who entered the dustries—all of which rely on chemistry. Pro- Army in 1977 upon his graduation from Murray duction of ethanol from corn and biomass, HON. DALE E. KILDEE State University as a graduate of the Army manufacture of biodiesel, and creation of safe OF MICHIGAN Reserve Officer Training Corps, holds a bach- and effective agricultural chemicals are all elors degree from Murray State University, a possible because of chemistry and chemists. IN THE HOUSE OF REPRESENTATIVES Masters in Business Administration from Okla- More chemists are needed to continue Monday, October 29, 2007 these innovations that are so important to our homa City University, and a Masters of Mr. KILDEE. Madam Speaker, I rise today rural economy. We have bright, young people Science from National Defense University. to recognize the wonderful work achieved by in the Third District known for their great work Major General Graham is also a graduate of the Child Advocacy Center of Genesee Coun- ethic and Nebraska values, and who are Field Artillery Officer Basic and Advanced ty. The Child Advocacy Center will honor its sought after for jobs all over the world. We Courses, United States Army Command and volunteers and supporters at a dinner on No- need to encourage our young people to suc- vember 2nd in Grand Blanc Michigan. General Staff College, and National War Col- ceed in careers in science, technology, engi- During the 1980s the Child Advocacy Cen- lege. neering, and mathematics, also known as ter idea was developed to provide a safe STEM careers. They are needed in Nebraska After attending United States Army Com- haven for the victims of child sexual abuse. and all over the United States. More outreach mand and General Staff College in Fort Leav- After the State of Michigan published a ‘‘Model is needed to encourage the next generation to enworth, Kansas in 1990, Major General Child Abuse Protocol-Coordinated Investiga- consider chemistry and other STEM careers. Graham served in Operations Desert Shield tive Team Approach’’ in the 1990s as a guide Students in chemistry clubs in Nebraska’s and Desert Storm. In 2000, Major General to local communities, the idea of the Genesee Third District will perform outreach activities Graham was appointed Commander, 3rd Bat- County Child Advocacy Center was born. A during National Chemistry Week. Students at concept paper was submitted to the Ruth Mott tlefield Coordination Detachment in Korea and Hastings College in Hastings, Nebraska, will Foundation in 2001. The concept became a went on to serve as Executive Officer to the give away ice cream and information on proposal and in 2005 the Center was fully Commander-in-Chief, United Nations Com- chemistry at the Student Union this week. The functional. Using forensic interviewing tech- mand/Combined Forces Command/United Chemistry Club at the University of Nebraska- niques specifically designed for children, the States Forces Korea until July of 2003. Fol- Kearney will have a ‘‘Chemistry in Action’’ Center coordinates representatives from child lowing this position, Major General Graham demonstration table in the Student Union and protection, law enforcement, prosecution, will visit area middle and elementary schools served as Chief of Staff for the United States mental health and family court. The coordina- where they will perform experiments for stu- Army Field Artillery Center and Fort Sill at Fort tion puts the needs of the victim first and en- dents, including ‘‘pink slime’’ and liquid nitro- Sill, Oklahoma and later as Deputy Com- deavors to enhance the safety and well-being gen demonstrations. I want to commend these mander and Assistant Commandant of the of the children. budding chemists for reaching out to their fel- United States Army Field Artillery Center and On Friday, November 2nd the Genesee low students and for introducing children to School at Fort Sill. Most recently, Major Gen- County Child Advocacy Center will honor the the joys of chemistry. That is what National persons in our community that have gone the eral Graham was the Deputy Commanding Chemistry Week is all about. General, Fifth United States Army at Fort Sam extra mile to help the victims of child sexual Houston in Texas. f and physical abuse. These individuals will PERSONAL EXPLANATION come from the segments of the law enforce- During his distinguished career, ment and social services agencies that are the Major General Graham has received front lines in the fight against abuse. The win- numerous decorations including the HON. SUSAN A. DAVIS ners of the ‘‘Our Stars’’ awards will be an- Defense Superior Service Medal, a OF CALIFORNIA nounced that evening. Bronze Star, a Meritorious Service IN THE HOUSE OF REPRESENTATIVES Madam Speaker, I ask the House of Rep- Medal with six Oak Leaf Clusters, a resentatives to rise with me and applaud the Monday, October 29, 2007 Joint Service Commendation, and an work of the Child Advocacy Center and their Army Commendation Medal with four Mrs. DAVIS of California. Madam Speaker, partners. I am grateful for their service to our Oak Leaf Clusters. It is an honor to I was on a leave of absence on October 25, community. In a perfect world we would not welcome him to Fort Carson and the 2007 due to the San Diego wildfires. The fol- need their services, but we do not live in a lowing list describes how I would have voted perfect world and we are fortunate to have Fifth Congressional District of Colo- had I been in attendance. these individuals step forward and strive to rado. Rollcall No. 1001: Motion to Adjourn—‘‘nay’’; help and heal our most precious resource, our rollcall No. 1002: Motion to Adjourn—‘‘nay’’; children.

∑ 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 03:03 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A29OC8.017 E30OCPT1 bajohnson on PROD1PC71 with REMARKS E2272 CONGRESSIONAL RECORD — Extensions of Remarks October 30, 2007 IN RECOGNITION OF GENERAL C. ers, and we must continue to be cognizant of port in the House, and I call on President ROBERT KEHLER the impact of the Endangered Species Act. As Bush to stop playing political games with our we move forward with the implementation of children’s healthcare. HON. DOUG LAMBORN the Program, positive and negative economic I urge my colleagues to vote in favor of this OF COLORADO impacts must be assessed and considered in bill. IN THE HOUSE OF REPRESENTATIVES order to minimize adverse effects of the recov- f ery efforts. Monday, October 29, 2007 I support moving forward with this legislation THEODORE L. NEWTON, JR. AND Mr. LAMBORN. Madam Speaker, I rise as the first step of many to protect and re- GEORGE F. AZRAK BORDER PA- today to congratulate General C. Robert cover species and provide long-term water TROL STATION Kehler being promoted General and becoming use for our communities. SPEECH OF Commander of the Air Force Space Command f at Peterson Air Force Base. HON. DARRELL E. ISSA PROVIDING FOR CONSIDERATION Prior to assuming command of AFSPC, OF CALIFORNIA OF H.R. 3963, CHILDREN’S General Kehler served as the Deputy Com- IN THE HOUSE OF REPRESENTATIVES HEALTH INSURANCE PROGRAM mander for U.S. Strategic Command at Offutt Monday, October 29, 2007 Air Force Base in Nebraska. Entering the Air REAUTHORIZATION ACT OF 2007 Force in 1975 upon his graduation from Penn- Mr. ISSA. Madam Speaker, ‘‘We cannot SPEECH OF sylvania State University as a distinguished dedicate . . . we cannot consecrate . . . we graduate of the Air Force Reserve Officer HON. SILVESTRE REYES cannot hallow . . . this ground. The brave Training Corps, General Kehler went on to OF TEXAS men, living and dead, who struggled here, graduate from missile operational readiness IN THE HOUSE OF REPRESENTATIVES have consecrated it far above our poor power to add or detract. The world will little note nor training. This area of expertise has enabled Thursday, October 25, 2007 him to serve in various roles from missile long remember what we say here, but it can crew, to instructor, to evaluator and in wing- Mr. REYES. Madam Speaker, I rise in never forget what they did here. It is for us, level staff positions. strong support of H.R. 3963, the Children’s the living, rather, to be dedicated here to the After completing an Air Staff Internship and Health Insurance Program Reauthorization Act unfinished work which they who fought here tour at Strategic Air Command headquarters, of 2007. have thus far so nobly advanced.’’ General Kehler served in the Office of Legisla- For the past several months, Congress has The words of Abraham Lincoln hold as tive Liaison of the Secretary of the Air Force, debated an issue that should not be consid- much meaning today as they did when he a capacity in which he was the expert on Cap- ered controversial—the healthcare of our Na- spoke to them in Gettysburg in 1863. Today itol Hill for issues regarding the ICBM Mod- tion’s most vulnerable children. The reauthor- we remember two men who gave their lives ernization Program. While serving on the Joint ization of the State Children’s Health Insur- for our protection. Border Patrol agents Theo- Staff, General Kehler aided in the overhaul of ance Program, SCHIP, is vitally important for dore L. Newton, Jr., and George F. Azrak, are the nuclear war plan structure and targeting. the Nation and particularly my district of El 2 of the 104 Customs and Border Patrol In addition to his recent position as Director of Paso, Texas, where currently, over 14,000 agents who have been killed in the line of National Security Space Integration for the Of- children in El Paso County are enrolled in the duty. fice of the Under Secretary of the Air Force, program. Madam Speaker, today we will have the op- General Kehler was also the Deputy Director In El Paso, with thousands of children who portunity to honor the lives of two brave public of Operations at Air Force Space Command at rely on SCHIP for a scheduled checkup or to servants when we vote to designate the Peterson where he was Commander of the receive items like eyeglasses and prescription United States Border Patrol Station in 21st Space Wing. drugs, this program is critically important. Murrieta, CA, as the ‘‘Theodore L. Newton, Jr. It is a pleasure to welcome General Kehler Health care is extremely expensive, and and George F. Azrak Border Patrol Station.’’ back to Colorado. I know that AFSPC will ben- SCHIP is not only vital to children and fami- Border Patrol agents Newton and Azrak efit tremendously from his capable leadership. lies, but is important to our health care infra- selflessly gave their lives in the line of duty. f structure overall. Our health care delivery sys- During their patrol on the morning of June 17, tem in the border region and across the coun- 1967, Agents Newton and Azrak stopped an PLATTE RIVER RECOVERY IMPLE- try is already challenged as it is. Cutting old military ambulance at a checkpoint, and in- MENTATION PROGRAM AND SCHIP funding would only result in a greater side the vehicle, they found 800 pounds of PATHFINDER MODIFICATION AU- burden on our hospitals. Without access to marijuana. There were two men in the ambu- THORIZATION ACT doctors for regular checkups and routine ap- lance and two in a car following behind, all pointments, families would potentially wait until were convicted felons and all were well SPEECH OF health problems reach catastrophic level and armed. The four armed men overpowered the HON. ADRIAN SMITH then seek care at the local emergency room. two agents and forced them to drive to a re- OF NEBRASKA This is dangerous for children and families, mote cabin where they handcuffed and mur- IN THE HOUSE OF REPRESENTATIVES and would also result in a much more expen- dered Agents Newton and Azrak. Over 400 sive form of health care delivery. law enforcement agents and volunteers Monday, October 22, 2007 Today’s bill reauthorizes SCHIP for 5 years searched the remote terrain for 2 days before Mr. SMITH of Nebraska. Mr. Speaker, I while providing health care coverage for 10 the agents were finally found. want to thank the House Committee on Nat- million of our Nation’s children. The bill does The murders of Agents Newton and Azrak ural Resources Chairman RAHALL, Ranking not expand coverage; rather it allows those prompted the Border Patrol to adopt new safe- Member YOUNG, Subcommittee Chairwoman currently eligible, but uninsured, the oppor- ty measures—including increasing manpower, NAPOLITANO, Subcommittee Ranking Member tunity to enroll. Two-thirds of uninsured chil- adopting more up-to-date technology and im- MCMORRIS RODGERS and all of the staff for dren are currently eligible for coverage plementing a new policy requiring at least their work on the Platte River Recovery Imple- through SCHIP or Medicaid, and today’s bill three agents and a backup unit to work at mentation Program and Pathfinder Modifica- provides the funding necessary to administer each checkpoint—to ensure that this terrible tion Authorization Act. proper outreach to those qualified for the pro- incident would not be repeated. It is encouraging to see this longstanding gram. United States Customs and Border Patrol issue finally reach a settlement. After years of I applaud Mr. DINGELL and Mr. RANGEL for agents have a long history of working thank- study and review by the states, Federal Gov- their leadership in reaching an agreement that lessly to make our country safer. Every day ernment, water users, land owners, and other included some of the concerns voiced by Re- they protect our borders against terrorism and, interested parties, the time has come to republicans who originally voted against the leg- when needed, step in to assist in the face of solve this matter once and for all. islation. national disasters. Just last week, San Diego I cosponsored this legislation as part of the The health and quality of life of our children area CBP personnel were deployed to assist consensus to recognize the reality of the chal- must be a priority, and I firmly believe that this in wildfire emergency response. lenges before us with collective decision-mak- bill addresses the need to provide quality However, it has not been tradition to name ing and cooperation. However, this agreement healthcare to our Nation’s uninsured children. Border Patrol stations after people; they are does impact some of our farmers and ranch- This legislation received strong bipartisan sup- instead named for location. Undoubtedly, the

VerDate Aug 31 2005 03:03 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A29OC8.021 E30OCPT1 bajohnson on PROD1PC71 with REMARKS October 30, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E2273 Newton–Azrak Station will continue to be re- Dr. Blancato’s family, country and Italian PERSONAL EXPLANATION ferred to by its Murrieta location, but its official American heritage were the foundations of title will be the ‘‘Theodore L. Newton, Jr., and his life. A lifelong New Yorker and a citizen of the world through work, travel and many HON. TOM PRICE George F. Azrak Border Patrol Station,’’ in friendships. OF GEORGIA honor of the heroes who gave their lives for A memorial service will be held on Satur- IN THE HOUSE OF REPRESENTATIVES the safety of others. day, October 27 at noon in the Osborn Audi- Tuesday, October 30, 2007 As we honor and remember the fallen torium, 101 Theall Road in Rye. In lieu of agents, I would like to thank all of our Border flowers the family recommends individuals Mr. PRICE of Georgia. Madam Speaker, on Patrol agents and Customs and Border Pro- make a donation to a charity of their choice rollcall No. 1012, I was inadvertently detained. tection personnel for their service and commit- in the name of Dr. Louis S. Blancato. Had I been present, I would have voted ‘‘no.’’ ment to the safety and security of all Ameri- f f cans. RECOGNIZING AND COMMENDING HONORING THE UTTAR PRADESH f EFFORTS TO RAISE AWARENESS ASSOCIATION OF GREATER ABOUT AND HELP END THE PERSONAL EXPLANATION PHILADELPHIA’S DIWALI FES- WORSENING HUMANITARIAN CRI- TIVAL CELEBRATION SIS AND GENOCIDE IN DARFUR, HON. MIKE PENCE SUDAN OF INDIANA HON. JOE SESTAK OF PENNSYLVANIA IN THE HOUSE OF REPRESENTATIVES SPEECH OF IN THE HOUSE OF REPRESENTATIVES Tuesday, October 30, 2007 HON. LOIS CAPPS Tuesday, October 30, 2007 Mr. PENCE. Madam Speaker, I was unable OF CALIFORNIA to vote on October 29, 2007. Had I been IN THE HOUSE OF REPRESENTATIVES Mr. SESTAK. Madam Speaker, I rise today present, I would have voted in the following Monday, October 29, 2007 to recognize the Uttar Pradesh Association of Greater Philadelphia for bringing Diwali to manner: rollcall 1010 (On Motion to Suspend Mrs. CAPPS. Mr. Speaker, today I rise in the Rules and Pass, as Amended—H.R. Delaware County. strong support of H. Res. 573, a resolution The U.P. Association of Greater Philadel- 3224)—‘‘nay’’; rollcall 1011 (On Motion to Sus- that recognizes the tremendous efforts put phia is a non-profit organization formed 4 pend the Rules and Agree, as Amended—H. forth by public advocacy groups to raise years ago to connect and provide a forum for Res. 573)—‘‘aye’’; and rollcall 1012 (On Mo- awareness and help end the worsening crisis people from the State of Uttar Pradesh and tion to Suspend the Rules and Agree—H. in Darfur. the surrounding regions in India. The associa- Res. 747)—‘‘aye.’’ My district is home to many of these advo- tion brings Indian culture to the community, f cates, who work tirelessly to inform their neighbors and bring greater attention to this adding to cultural understanding and aware- IN MEMORIAM OF LOUIS S. humanitarian emergency. Their work to end ness throughout the region. One of the group’s main events is the cele- BLANCATO the genocide in Darfur is a critical part of our bration of Diwali, the Hindu festival of lights. combined effort to stop the violence and the Diwali is one of the few holidays celebrated HON. CHARLES B. RANGEL bloodshed that has claimed entire families. throughout India, bringing people together in OF NEW YORK In this time of international conflict, it is so the spirit of the season. The origin of Diwali is IN THE HOUSE OF REPRESENTATIVES important for us to educate and inform our neighbors about what we can do to help those unknown, although there are various legends Tuesday, October 30, 2007 in need. I am thankful for all of the people in and customs associated with it. Mr. RANGEL Madam Speaker, I rise today my district who are working toward a peaceful In Northern India, where Uttar Pradesh is lo- to pay tribute to the late Louis S. Blancato— resolution in Darfur. Their dedication to this cated, Diwali marks the return of Lord Rama an anesthesiologist, professor, proud World cause is singular in its commitment, and I am after 14 years of exile and his defeat of the War II veteran, and citizen of the world. In his deeply grateful for their contributions. demon Ravana of Lanka. This represents the memory, I introduce his New York Times obit- I urge all of my colleagues to support this triumph of good over evil and of light over uary published on October 25, 2007. important resolution. darkness, a theme that is common to Diwali stories from other regions of India. Dr. Blancato practiced and taught medicine, f earning over the span of his career illustrious The UPAGP, along with the Indianica Acad- posts as department chair at St. Luke’s Hos- TRIBUTE TO THE NORTH CARO- emy in New Jersey, reenacted the story of pital and president of the New York State and LINA BEACH HOUSE FIRE VIC- Lord Rama on Saturday night, and put on a American Society of Anesthesiologists. He TIMS spectacular cultural program that transcended served in the U.S. Army Medical Corps, and religion, race, and nation. The message of maintained a professorship at Columbia Uni- HON. JAMES E. CLYBURN light as a symbol of knowledge and goodness versity. OF SOUTH CAROLINA driving away darkness and ignorance is one He was a lover of his family, country, and IN THE HOUSE OF REPRESENTATIVES we would all benefit from hearing more often. Italian-American roots. A native New Yorker, Tuesday, October 30, 2007 I ask that everyone join me in commending he stepped outside the bounds of his home the UPAGP for bringing Diwali and its mes- Mr. CLYBURN. Madam Speaker, it is with a sage to Upper Darby, Delaware County, and often, globetrotting in pursuit of good work and heavy heart that I rise to memorialize the lives good friends. the Greater Philadelphia area, in recognizing of Justin Anderson, Travis Cale, Lauren its contribution to the community, and in ac- OBITUARY: LOUIS S. BLANCATO Mahon, Cassidy Pendley, William Rhea, Alli- knowledging the hard work and dedication of BLANCATO—Louis S., M.D. On October 23 son Walden, all students at the University of its members. in Rye, NY. Beloved husband of the late South Carolina, which I proudly represent here f Nancy. Survived by Louis S., Robert, John in this body, and Emily Yelton, a student of and Amy and beloved grandchildren Celia HONORING MINNIE COX and Carly. Also supportive three daughters Clemson University. and son-in-law. Madam Speaker, when young men and Dr. Blancato was a dedicated practitioner women go off to pursue an education, their HON. BENNIE G. THOMPSON and teacher of medicine with a long and dis- families hope for them a bright future and a OF MISSISSIPPI tinguished career as an anesthesiologist. De- long life. All seven of these young men and IN THE HOUSE OF REPRESENTATIVES partment Chair at St. Luke’s Hospital and women lost their lives in a fire this weekend President of New York State and American and I join with those that I represent at the Tuesday, October 30, 2007 Society of Anesthesiologists are among his University of South Carolina in offering condo- Mr. THOMPSON of Mississippi. Madam many accomplishments. He was also a Pro- lences to these families. And I also say to the Speaker, I rise today to introduce legislation fessor at Columbia University. He received many awards and inspired many. Dr. families of Clemson University, our heart goes designating the United States Post Office lo- Blancato was a graduate of Fordham Univer- out to all of them. cated at 100 W. Percy Street in Indianola, MS, sity and the Flower Fifth Avenue Medical Madam Speaker, I ask that you and this as the ‘‘Minnie Cox United States Post Office’’. School and a proud World War II veteran of body join me in a moment of silence in mem- Minnie M. Geddings Cox, a graduate of Fisk the U.S. Army Medical Corps. ory of these young people. University, was appointed postmistress of

VerDate Aug 31 2005 03:03 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A30OC8.002 E30OCPT1 bajohnson on PROD1PC71 with REMARKS E2274 CONGRESSIONAL RECORD — Extensions of Remarks October 30, 2007 Indianola, MS, in 1891, by President Benjamin does not even come close. It continues to include Monsignor Joseph Quinn, Judge Ter- Harrison, and was reappointed by President shun immigrant children in the U.S. who are in rence Nealon, Attorney Barbara Sardella, Wil- William McKinley; thereby, becoming the first full compliance with the law by denying States liam Bender, Phil Condron, Glenn Pellino and Black postmistress of the United States. the option to cover them. It also drastically re- Carlon Preate. On January 25, 1900, President McKinley duces support for coverage of parents, even Scranton Tomorrow has launched several raised the rank of the Indianola Post Office though decades of evidence have shown that initiatives designed to fulfill its mission includ- from fourth class to third class and appointed kids are far more likely to get the care they ing Artspace, City Pride, the Lackawanna Mrs. Cox for a full 4-year term. However, in need if their parents are covered. It bars cov- Riverfront Revitalization, First Night and sup- the fall of 1902, under the presidency of Theo- erage of illegal immigrants, even if a State de- port for the Scranton Business Alliance. dore Roosevelt, a controversy brought national termines that it is cheaper and more humane Artspace is a project designed to produce attention to Mrs. Cox. Jim Crow laws overran for them to provide routine care than emer- affordable space for artists to live, work, per- Reconstruction in America and whites wanted gency care, which is frequently the case. In form and conduct business while creating a blacks eliminated from leadership positions. short, it sacrifices each of these groups of sustained economic impact for the city of Some of the local whites in Indianola met and people as a bargaining chip. Scranton. drew up a petition requesting Cox’s resigna- This Congress is spending time and energy City Pride is an annual cleanup and beautifi- tion. Increased tension and threats of physical arguing over narrowly defined bills that treat a cation effort that showcases the extraordinary harm caused Cox to submit her resignation to few of the symptoms but fail to address the community pride underlying the effort to make take effect January 1, 1903, and leave problems that plague our health care system. Scranton a visually attractive city. Indianola. Instead, this Congress should deliver the re- The Lackawanna Riverfront Revitalization President Roosevelt believed Mrs. Cox had form America is calling for. We should be project and the Downtown Heritage Greenway been wronged, and that the authority of the moving ahead with H.R. 676, the Expanded project involve a coalition of major stake- Federal Government was being compromised and Improved Medicare for All Act, which holders, including the Lackawanna Heritage and refused to accept her resignation. Instead, would lower health care costs, provide cov- Valley Authority, the Scranton Area Founda- he closed Indianola’s post office on January 2, erage for everyone for all medically necessary tion, the Lackawanna River Corridor Associa- 1903, rerouted the mail to Greenville, MS, 30 services, and create a single best standard tion, the Scranton Office of Community and miles away and Cox continued to receive her quality of care. America deserves—and Economic Development, Lackawanna County salary. For 4 hours in January 1903, the wants—nothing less. government, Pennsylvania Department of Indianola postal event was debated on the f Conservation and Natural Resources, Greater floor of the United States Senate, and ap- Scranton Chamber of Commerce, as well as peared on the front pages of newspapers HONORING HISPANIC HERITAGE riverfront property owners. The stakeholders across the country. One year later, at the expi- MONTH are committed to creating a master plan for ration of Mrs. Cox’s term, in February 1904, the revitalization of the river corridor. the post office was reopened, but demoted in HON. RUSS CARNAHAN First Night is an initiative aimed at cele- rank from third class to fourth class. OF MISSOURI brating the arrival of the New Year in a safe Minnie Cox and her husband Wayne W. IN THE HOUSE OF REPRESENTATIVES and family friendly environment that features Cox, who had been an employee in the rail- Tuesday, October 30, 2007 food, fun and entertainment and brings to- way mail service, returned to Indianola and or- gether the business and residential commu- Mr. CARNAHAN. Madam Speaker, I rise ganized the ‘‘Delta Penny Savings Bank.’’ nities in a festive atmosphere. today in honor of Hispanic Heritage Month. They had been substantial property owners The Scranton Business Alliance is a collec- As citizens across America celebrate His- before 1903, and they bought more land and tive of more than 200 city businesses dedi- panic Heritage Month, I wish to recognize the became successful bankers as well. Minnie cated to improving all aspects of the central hours of hard work event organizers have con- Cox died in 1933. business district through solid economic man- tributed in order to provide greater under- agement, strengthening public participation, f standing as they share their proud culture. and making downtown a fun place to visit. By CHILDREN’S HEALTH INSURANCE Especially I am reminded of the sacrifices many have made over the years to community building on the central city business district’s PROGRAM REAUTHORIZATION inherent assets, rich architecture, a solid infra- ACT OF 2007 and country. Today, our armed services continue to rely structure, a core of financial, government, and human/social service outlets, and a firm sense SPEECH OF on the dedication of men and women from Hispanic communities throughout the Midwest of place, the Scranton Business Alliance aims HON. DENNIS J. KUCINICH and Missouri. to rekindle entrepreneurship, cooperation, and OF OHIO While defending this Nation, and protecting civic concern. IN THE HOUSE OF REPRESENTATIVES a way of life that offers opportunity to Ameri- Madam Speaker, please join me in con- Thursday, October 25, 2007 cans of varying race, they proudly serve. gratulating Scranton Tomorrow and those who For all who remain in harm’s way today, in have inspired it. Their zeal to return the city of Mr. KUCINICH. Madam Speaker, today, I order to secure peace at home, we wish them Scranton to a prominent place in the region voted for H.R. 3963, which authorizes the the best, and look forward to their safe return. has captivated the imaginations of Scranton’s State Children’s Health Insurance Program, citizens and has been an important catalyst for f SCHIP. The provisions in the bill would make the renaissance Scranton is currently enjoying. substantial progress in providing health care CONGRATULATING SCRANTON TO- f for children. It would provide coverage for 3.8 MORROW AND ITS PAST PRESI- million more children than are covered now DENTS ON THE OCCASION OF ITS ON SCHNEIDER REGIONAL MED- and preserve coverage for 6.6 million more. It 15TH ANNIVERSARY ICAL CENTER CEO RODNEY E. would help ensure Ohio can expand its pro- MILLER, SR. gram to include an additional 20,000 children. HON. PAUL E. KANJORSKI It targets the lowest-income uninsured children OF PENNSYLVANIA HON. DONNA M. CHRISTENSEN for outreach and enrollment, ensures dental IN THE HOUSE OF REPRESENTATIVES OF THE VIRGIN ISLANDS coverage and mental health parity. IN THE HOUSE OF REPRESENTATIVES I voted against a previous version of this bill Tuesday, October 30, 2007 because it excluded about 600,000 legal immi- Mr. KANJORSKI. Madam Speaker, I rise Tuesday, October 30, 2007 grants. I voted to raise the issue and show today to ask you and my esteemed colleagues Mrs. CHRISTENSEN. Madam Speaker, 5 Congress they were wrong to do so. I voted in the House of Representatives to pay tribute years ago, the U.S. Virgin Islands, and in par- for the veto override to show the President to Scranton Tomorrow, an organization cele- ticular, the island of St. Thomas and the that his objections to government health insur- brating its 15th anniversary and whose mis- Schneider Regional Medical Center, welcomed ance for low income children were outrageous. sion it is to establish the city of Scranton as a young, passionate, health care administrator Today I voted to make the same statement. I the premier urban center in northeastern to be its president and chief executive officer. urge him to do the right thing and sign this bill. Pennsylvania. Rodney E. Miller took on the job of ensuring I believe all children deserve health care. As part of Scranton Tomorrow’s celebration, that comprehensive, quality health care was Unfortunately, today’s bill does not do that. It they are honoring their past presidents, who available not just for the residents of the U.S.

VerDate Aug 31 2005 03:03 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A30OC8.009 E30OCPT1 bajohnson on PROD1PC71 with REMARKS October 30, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E2275 Virgin Islands, but for the Caribbean region as House floor on Monday, October 22, 2007 and The Red Sox we proudly honor today well. Tuesday, October 23, 2007. I was in my dis- For another championship and remarkable By all accounts, Rodney Miller did an excel- trict for the launch of Shuttle STS–120: Dis- play lent job, administering the 250-bed acute care covery. That’s two in four years, all of Beantown ‘‘hurrays!’’ Schneider Hospital, as well as the Charlotte f Kimelman Cancer Institute and the Myrah It’s not the curse, but clutch play, for these kings of Fenway Keating Smith Community Health Center on PERSONAL EXPLANATION St. John in a manner that has advanced We hail the team’s defense, top-notch in the field health care in the territory. HON. MARK UDALL And a mighty potent offense that refuses to Most noteworthy among his accomplish- OF COLORADO yield ments was the emphasis on improved patient IN THE HOUSE OF REPRESENTATIVES From top to bottom, the Sox have shown care and the opening of the Charlotte Tuesday, October 30, 2007 Why in baseball’s history books they will Kimelman Cancer Institute. With an an- forever be known nounced emphasis on quality patient care, en- Mr. UDALL of Colorado. Madam Speaker, I was unavoidably detained in returning to The club led by Henry, Werner, and Lucchino hanced customer service and improved clean- And don’t forget the dream team—Epstein liness of the health facilities, Miller embarked Washington, DC, on Monday, October 29th and Tito! and so was not present for 3 votes. If I had upon a course for change that was driven by But it’s the players who win each big game the expressed needs of patients. He empha- been present, I would have voted as follows: And they all belong in baseball’s Hall of sized that being the only choice for health (1) H.R. 3224—Dam Rehabilitation and Re- Fame care for most of the residents of the island pair Act of 2007—I would have voted ‘‘yea’’ on Josh Beckett, a baseball legend-in-the-mak- meant that quality care was a must. He equal- this excellent bill by our Colorado colleague, ing ly emphasized that Schneider Regional should Representative JOHN SALAZAR; He won 4 playoff games, leaving foes with heads shaking be a good place for employees as well. (2) H. Res. 573—Recognizing and com- With the opening of the Charlotte Kimelman mending the efforts of the United States public And then there was Schilling, Dice-K, and Lester Cancer Institute in 2006, Rodney Miller and and advocacy groups to raise awareness about and help end the worsening humani- With unhittable splitters, the batters they his administrative and medical team worked to pestered. realize the dream of many in the territory for tarian crisis and genocide in Darfur, Sudan, and for other purposes—I would have voted Papelbon is the closer night after night a ‘‘world class cancer care facility with an 4 saves in the playoffs—to ‘‘the Nation’s’’ de- array of support services and resources’’ that ‘‘yea’’; and (3) H. Res. 747—Recognizing the religious light would allow patients to seek treatment at Youkilis at 1st , Mike Lowell the series home, closer to the comfort of family and and historical significance of the festival of Diwali—I would have voted ‘‘yea.’’ MVP, friends. Rodney Miller’s leadership in health Rookies Pedroia, Okijima and Ellsbury f care has been marked by this and other note- With Manny & Ortiz, everyone agrees worthy accomplishments in the territory. PERSONAL EXPLANATION the Sox are the best, from sea to shining sea In addition to his duties as head of Schnei- And Jason Varitek we cannot forget der Regional, Rodney Miller immersed himself From all in the clubhouse, he commands rein the civic activities of the community, and in HON. NICK LAMPSON spect OF TEXAS 2004 was named Person of the Year by Ro- After 96 wins, the playoffs in full swing tary II Club of St. Thomas. Just last year, he IN THE HOUSE OF REPRESENTATIVES The Angels came calling, but the Sox clipped received the 2006 Wilbur ‘‘Bill’’ LaMotta Com- Tuesday, October 30, 2007 their wings munity Service Award from the St. Thomas-St. Mr. LAMPSON. Madam Speaker, on rollcall Down 3–1 to the Tribe, the Sox won it in John Chamber of Commerce. No. 1010, 1011, and 1012 on 10/29/07, had I seven Two pennants in 4 years, we were in baseball His peers in the health care profession have been present, I would have voted ‘‘yea’’ on all. long acknowledged his extraordinary talent. In heaven! f 2002, he received the Young Healthcare Ex- Then the Sox faced the tough Colorado team ecutive of the Year Award from the National PERSONAL EXPLANATION Sweeping in just 4, completing the ‘‘possible Association of Health Services Executives. In dream’’! 2003, he received the American College of HON. GENE GREEN Now the games are all played, the cham- Healthcare Executives’ Regents Award and in pagne popped and poured OF TEXAS Fire up those duck boats—let’s all climb 2005, he was elected to serve as president of IN THE HOUSE OF REPRESENTATIVES aboard! the National Association of Health Services Tuesday, October 30, 2007 Another great season, fans and experts agree Executives. In 2006, he was named one of the The Sox are the newest baseball dynasty. Top 25 Minority Healthcare Executives by Mr. GENE GREEN of Texas. Madam Modem Healthcare Magazine. Speaker, I rise today to explain my absence Recently, Rodney Miller announced that he from votes cast on October 29, 2007. I was in f has accepted a new position in the Florida Houston yesterday, tending to a family health IN HONOR OF THE REVEREND health care system. I know that he will distin- care issue, and was unavoidably detained. MONSIGNOR MICHAEL J. CO- guish himself there as well, but we in the Vir- On rollcall vote No. 1010, to approve H.R. RONA, PHILLIPSBURG AREA gin Islands wanted to express our thanks to 3224, had I been present, I would have voted CHAMBER OF COMMERCE OUT- him for the good work that he did in the terri- ‘‘yea.’’ STANDING CITIZEN OF THE tory for the past 5 years. On behalf of the peo- On rollcall vote No. 1011, to approve H. YEAR 2007 ple of the Virgin Islands, particularly those on Res. 537, had I been present, I would have the island of St. Thomas, I wish Rodney Miller voted ‘‘yea.’’ bon voyage and great success in his new en- On rollcall vote No. 1012, to approve H. HON. SCOTT GARRETT deavor. He has definitely left health care in the Res. 747, had I been present, I would have OF NEW JERSEY territory in better shape than when he got voted ‘‘yea.’’ IN THE HOUSE OF REPRESENTATIVES there, and for that we are all grateful. f Tuesday, October 30, 2007 f IN CELEBRATION OF THE BOSTON Mr. GARRETT of New Jersey. Madam PERSONAL EXPLANATION RED SOX’S 2007 WORLD SERIES Speaker, I rise today in honor of the extraor- VICTORY dinary public service of the Reverend Mon- HON. TOM FEENEY signor Michael J. Corona of Phillipsburg, New OF FLORIDA HON. EDWARD J. MARKEY Jersey. Today, the Phillipsburg Area Chamber IN THE HOUSE OF REPRESENTATIVES OF MASSACHUSETTS of Commerce will recognize his commitment to IN THE HOUSE OF REPRESENTATIVES his community, naming him Outstanding Cit- Tuesday, October 30, 2007 izen of the Year for 2007. Mr. FEENEY. Madam Speaker, I would like Tuesday, October 30, 2007 Monsignor Corona completed his theological to express my regret for missing votes on the Mr. MARKEY. Madam Speaker: studies at St. Mary’s Seminary and University

VerDate Aug 31 2005 03:03 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A30OC8.014 E30OCPT1 bajohnson on PROD1PC71 with REMARKS E2276 CONGRESSIONAL RECORD — Extensions of Remarks October 30, 2007 in Baltimore, Maryland. He also earned a Mas- the Nation’s first and only non-university pro- ing awareness nationally on behalf of Amer- ter of Arts in Education at Seton Hall Univer- gram college status. I had the privilege of ica’s POWs and MIAs. sity in South Orange, New Jersey. He was or- serving as a fellow through the program, and And I only recently learned of Marilyn and dained for the Diocese of Trenton in 1968 and have also had fellows serve in my office over Ed’s fundraising campaign to gather and ship has been pastor of St. Philip and St. James the last 20 years, providing me with invaluable audio-video equipment to our troops in Iraq. Parish in Phillipsburg, New Jersey since 1979. counsel on ocean issues. Separation during wartime can severely affect Under his guidance, the parish has been ac- Dr. Robert Abel was also a diplomat of the morale—a problem the Fitzgeralds believe our tive in the community. While activities like their ocean. In 1981, he formed the Cooperative soldiers and their families should not have to soup kitchen and Thanksgiving food drive feed Marine Technology Program for the Middle endure. With Sharon’s husband serving in the bodies of those less fortunate in Phillips- East. He worked together with Israeli, Egyp- Iraq, this tireless twosome is even working on burg; their compassion and love feed their tian, Jordanian and Palestinian scientists, hop- a better way to correspond with family mem- souls. And, the parish elementary school pro- ing that international environmental steward- bers stationed overseas. vides a quality education to so many local chil- ship could help strengthen bilateral ties. Madam Speaker, other communities have dren. Madam Speaker, I sincerely hope that my selfless people like Marilyn and Ed. But I am In addition to his work directly in Phillips- colleagues will join me in celebrating the life of grateful to them every time we meet. They are burg, Monsignor Corona spreads his skills and Dr. Robert Abel, and extending our sincere true patriots. good nature through his work with the Diocese condolences and deep appreciation to Mrs. f and other Catholic leadership organizations. Abel. Dr. Abel’s scientific and diplomatic ef- ON INTRODUCTION OF GOOD SA- He is a member of the Diocesan Presbyterial forts will continue to benefit and inspire my MARITAN CLEANUP OF ABAN- Council and College of Consultors, as well as constituents, and his many international col- DONED HARDROCK MINES ACT the Director of Education for the Diocese of leagues and friends, for years to come. OF 2007 Metuchen. He is also the President of the f International Catholic Stewardship Council’s Board of Directors, an organization dedicated ED AND MARILYN FITZGERALD: HON. MARK UDALL to the proposition that ‘‘all members of our HONORING LIFETIMES OF COM- OF COLORADO family of faith are called to be Christian stew- MUNITY SERVICE IN THE HOUSE OF REPRESENTATIVES ards and share their gifts of time, talent and Tuesday, October 30, 2007 treasure in proportion to the blessings they HON. JANE HARMAN Mr. UDALL of Colorado. Madam Speaker, have received from God.’’ OF CALIFORNIA today I am again introducing legislation de- Monsignor Corona is an integral part of the IN THE HOUSE OF REPRESENTATIVES signed to help promote the cleanup of aban- community of Phillipsburg. I join his neighbors Tuesday, October 30, 2007 doned and inactive hardrock mines that are a in commending him for his good work, his menace to the environment and public health dedication to the people and particularly the Ms. HARMAN. Madam Speaker, during my throughout the country, but especially in the children of Phillipsburg, and his commitment to years in public office, I have had the pleasure west. continually improving this historic city. of meeting and working with many extraordinary constituents committed to a seemingly In the 107th, 108th, and 109th Congresses, f endless array of good works and causes. I introduced similar bills aimed at that result. IN HONOR DR. ROBERT ABEL None has served their community more ably Following the bill’s first introduction in the and admirably than my dear friends Ed and 107th Congress, revisions were made to incor- Marilyn Fitzgerald, recent recipients of the porate a number of changes developed in HON. FRANK PALLONE, JR. consultation with interested parties, including OF NEW JERSEY prestigious YMCA ‘‘Good Neighbor’’ Award. representatives of the Western Governors’ As- IN THE HOUSE OF REPRESENTATIVES The Fitzgerald’s volunteerism and decades- long service to the needy, to members of the sociation, the hardrock mining industry, and Tuesday, October 30, 2007 Armed Forces and area veterans, and to the environmental groups. Mr. PALLONE. Madam Speaker, I rise today communities of Lomita, Wilmington, and San The bill I am introducing today is also the to honor Dr. Robert Abel’s lasting contributions Pedro—all located in my Congressional Dis- product of further consultations, including with and dedication to the oceans. Dr. Abel’s envi- trict—make them richly deserving of this rec- the Environmental Protection Agency. It rep- ronmental stewardship helped make New Jer- ognition. resents years of effort to reach agreement on sey a leader in sustainable ocean and coastal I first met them years ago when their daugh- establishing a program to advance the clean- research, policy planning and marine science ter Sharon applied to the Air Force Academy. up of polluted water from abandoned mines. education. Sharon received my top recommendation, and The bill is cosponsored by our colleague Sadly, Dr. Abel passed away on October attained the rank of Captain before leaving ac- from New Mexico, Representative PEARCE. I 10th, but he left behind a lasting legacy of tive-duty to be a full-time mother. To this day, greatly appreciate his support. support for protection of coastal and ocean re- Ed and Marilyn are members of my Academy THE BACKGROUND sources in New Jersey and the Nation. On Nominating Committee. For over one hundred years, miners and October 31st, at the Monmouth University Although technically retired, Ed and Marilyn prospectors have searched for and developed Urban Coast Institute’s 3rd Annual Ocean have never stopped working, and probably log valuable ‘‘hardrock’’ minerals—gold, silver, Champion Awards, Dr. Abel will be honored more volunteer hours than most people put in copper, molybdenum, and others. Hardrock with a State Ocean Leadership Award pre- at the office. Whether it is teaching children to mining has played a key role in the history of sented posthumously to his widow, Mrs. read at Taper Avenue School, or distributing Colorado and other states, and the resulting Nancy Abel. food and clothing to the homeless at Beacon mineral wealth has been an important aspect Dr. Abel began his distinguished career in Light Mission, the Fitzgeralds do not waver in of our economy and the development of es- government service as a chemical oceanog- their efforts to help those less fortunate. Not sential products. However, as all westerners rapher with the Woods Hole Oceanographic content to help only with the basics, the cou- know, this history has too often been marked Institution in Massachusetts. He then served ple also organizes movie and museum excur- by a series of ‘‘boom’’ times followed by a as Staff Oceanographer to the Vice President sions for kids, whale watching trips, and other ‘‘bust’’ when mines were no longer profitable. of the United States from 1960–1967. activities inner-city kids might not have a When these busts came, too often the miners Later, he was appointed as the founding Di- chance to experience. would abandon their workings and move on, rector of the National Sea Grant College Pro- The active military and veterans’ commu- seeking riches over the next mountain. The re- gram. During his tenure, Dr. Abel was respon- nities in Los Angeles County—among the Na- sulting legacy of unsafe open mine shafts and sible for transforming the Sea Grant Program. tion’s largest—have also benefited from the acid mine drainages can be seen throughout He expanded it to include education-based Fitzgerald’s advocacy. Both volunteer at the the country and especially on the western projects for shore protection, fisheries, aqua- Long Beach Veterans Hospital, transporting public lands where mineral development was culture and environmental protection. immobile veterans to and from doctor’s ap- encouraged to help settle our region. As President of the New Jersey Marine pointments, and both devote hours of their THE PROBLEMS Sciences Consortium, Dr. Abel ensured per- time to helping the many veterans, including The problems caused by abandoned and in- manent New Jersey State funding for the Sea homeless veterans, in the Harbor Area. They active mines are very real and very large—in- Grant Program, guiding the program to receive reach beyond helping their neighbors by rais- cluding acidic water draining from old tunnels,

VerDate Aug 31 2005 03:03 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A30OC8.022 E30OCPT1 bajohnson on PROD1PC71 with REMARKS October 30, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E2277 heavy metals leaching into streams killing fish and fees related to hardrock mines on Federal for public comments, the EPA or other permit- and tainting water supplies, open vertical mine lands that, among other things, can be used ting authority could issue a permit if it deter- shafts, dangerous highwalls, large open pits, for the reclamation and restoration of lands mined that implementing the plan would not waste rock piles that are unsightly and dan- and waters adversely affected by past mining worsen water quality and could result in im- gerous, and hazardous dilapidated structures. on Federal lands. proving it toward meeting applicable water And, unfortunately, many of our current en- And the bill I am introducing today responds quality standards. vironmental laws, designed to mitigate the im- to a legal obstacle, the potential liability under Effect of Permit—Compliance with a Good pact from operating hardrock mines, are of the Clean Water Act that now deters many Samaritan permit would constitute compliance limited effectiveness when applied to aban- would-be ‘‘good Samaritans’’ from undertaking with the Clean Water Act, and neither a permit doned and inactive mines. As a result, many efforts to clean up abandoned hardrock mines. holder nor a cooperating party would be re- of these old mines go on polluting streams To help the efforts of ‘‘good Samaritans,’’ sponsible for doing any remediation activities and rivers and potentially risking the health of this bill would create a new program under the except those specified in the remediation plan. people who live nearby or downstream. Clean Water Act under which qualifying indi- When the cleanup is done, the permit expires, OBSTACLES TO CLEANUPS viduals and entities could obtain permits to ending the Good Samaritan’s responsibility for Right now there are two serious obstacles conduct cleanups of abandoned or inactive the project. to progress. One is a serious lack of funds for hardrock mines. These permits would give Report and Sunset Clause—Nine years cleaning up sites for which no private person some liability protection to those volunteering after enactment, EPA must report to Congress or entity can be held liable. The other obstacle to clean up these sites, while also requiring about the way the bill has been implemented, is legal. the permit holders to meet certain require- so Congress can consider whether to renew While the Clean Water Act is one of the ments. or modify the legislation, which under the bill most effective and important of our environ- The bill specifies who can secure these per- will terminate after 10 years. mental laws, as applied it can mean that mits, what would be required by way of a someone undertaking to clean up an aban- cleanup plan, and the extent of liability expo- doned or inactive mine will be exposed to the sure. Notably, unlike regular Clean Water Act f same liability that would apply to a party re- point-source (‘‘NPDES’’) permits, these new INTRODUCTION OF THE sponsible for creating the site’s problems in permits would not require meeting specific AMERASIAN PATERNITY REC- the first place. As a result, would-be ‘‘good standards for specific pollutants and would not OGNITION ACT Samaritans’’ understandably have been unwill- impose liabilities for monitoring or long-term ing to volunteer their services to clean up maintenance and operations. These permits abandoned and inactive mines. would terminate upon completion of cleanup, if Unless these fiscal and legal obstacles are a regular Clean Water Act permit is issued for HON. ZOE LOFGREN overcome, often the only route to clean up the same site, or if a permit holder encounters OF CALIFORNIA unforeseen conditions beyond the holder’s abandoned mines will be to place them on the IN THE HOUSE OF REPRESENTATIVES Nation’s Superfund list. Colorado has experi- control. I think this would encourage efforts to ence with that approach, so Coloradans know fix problems like those at the Pennsylvania Tuesday, October 30, 2007 that while it can be effective it also has short- Mine. comings. For one thing, just being placed on The new permit proposed in this bill would Ms. ZOE LOFGREN of California. Madam the Superfund list does not guarantee prompt help address problems that have frustrated Speaker, our immigration law has long recog- cleanup. The site will have to get in line be- federal and state agencies throughout the nized that children born outside our country to hind other listed sites and await the availability country. As population growth continues near an American father and a foreign national of financial resources. In addition, as many these old mines, more and more risks to pub- mother are U.S. citizens. lic health and safety are likely to occur. We communities within or near Superfund sites Unfortunately, there remains a group of for- simply must begin to address this issue—not know, listing an area on the Superfund list can gotten sons and daughters who, despite being only to improve the environment, but also to create concerns about stigmatizing an area born to American fathers, have been unfairly ensure that our water supplies are safe and and potentially harming nearby property val- denied U.S. citizenship. These are the off- usable. This bill does not address all the con- ues. spring of American servicemen and Asian cerns some would-be Good Samaritans may We need to develop an alternative approach women during the Vietnam and Korean Wars have about initiating cleanup projects—and I that will mean we are not left only with the op- whose fathers did not personally take the am committed to continue working to address tions of doing nothing or creating additional steps of acknowledging paternity necessary to those additional concerns, through additional Superfund sites—because while in some make their offspring citizens. But, the Amer- legislation and in other ways. But this bill can cases the Superfund approach may make the ican government did that for them by acknowl- make a real difference and I think it deserves most sense, in many others there could be a edging that their fathers were American citi- approval without unnecessary delay. more direct and effective way to remedy the zens. For the benefit of our colleagues, here is a problem. brief outline of the bill’s provisions: Many of these individuals have lived through WESTERN GOVERNORS WANT ACTION Eligibility for Good Samaritan Permits—Per- devastation during war, have been mistreated The Governors of our western States have mits could be issued to a person or entity not by their governments because of their mixed recognized the need for action to address this involved in creation of residue or other condi- race, and many now live in the United States, serious problem. The Western Governors’ As- tions resulting from mining at a site within the but only as legal permanent residents. sociation has several times adopted resolu- bill’s scope. Any other similar person or entity There is no doubt that Amerasians are the tions on the subject, such as the one of June could be a cooperating party to help with a 2004 entitled ‘‘Cleaning Up Abandoned Mines’’ sons and daughters of American fathers. Our cleanup. American government already made that de- sponsored by Governor Bill Owens of Colo- Sites Covered by the Bill—The bill covers rado along with Governor Bill Richardson of termination when we admitted them to the sites of mines and associated facilities in the United States as legal permanent residents. New Mexico and Governor Kenny Guinn of United States once used for production of a Nevada. mineral (other than coal) but no longer actively To correct this unfair inequality in our law, I LEGISLATIVE RESPONSES TO THE OBSTACLES mined, but does not cover sites on the na- am introducing the Amerasian Paternity Rec- To respond to the need for funding, I have tional priority list under Superfund. ognition Act, along with bipartisan cosponsors, joined as a cosponsor of H.R. 2262, the Administration—The permits would be to ensure that Amerasians are accorded U.S. ‘‘Hardrock Mining and Reclamation Act of issued by the Environmental Protection Agen- citizenship just like the offspring of other 2007,’’ introduced by the distinguished Chair- cy (EPA) or by a state or tribal government American fathers are. man of the Natural Resources Committee. with an approved Clean Water Act permitting It is time for us to finally close a chapter in Representative RAHALL of West Virginia, which program. our history that has too long denied has now been ordered reported from that Remediation Plans—To obtain a permit, an Amerasians the opportunity to become citizens Committee. That legislation will establish a applicant would have to submit a detailed plan and be recognized as the Americans that they Locatable Minerals Fund to receive royalties for remediation of the site. After an opportunity are.

VerDate Aug 31 2005 03:03 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A30OC8.025 E30OCPT1 bajohnson on PROD1PC71 with REMARKS E2278 CONGRESSIONAL RECORD — Extensions of Remarks October 30, 2007 SUPPORTING THE OBSERVANCE OF In 1973, the church was expanded to in- A TRIBUTE TO REVEREND RAN- BREAST CANCER AWARENESS clude an education building. The expanded fa- DOLPH THOMPSON ON THE OCCA- MONTH cility enabled Mount Olive AME to host its first SION OF HIS 80TH BIRTHDAY annual conference for the AME churches in CELEBRATION SPEECH OF the Marion District. This new structure also HON. JERRY F. COSTELLO helped the church grow its education mission. HON. G. K. BUTTERFIELD OF ILLINOIS One source of great pride are the church’s OF NORTH CAROLINA IN THE HOUSE OF REPRESENTATIVES youth programs, which provide Christian fel- IN THE HOUSE OF REPRESENTATIVES Monday, October 29, 2007 lowship among young people. The year long Tuesday, October 30, 2007 programs usually culminate with an annual Mr. COSTELLO. Mr. Speaker, I rise today in Mr. BUTTERFIELD. Madam Speaker, it is Christian retreat at Allen University in Colum- support of H. Con. Res. 230, a resolution sup- with great admiration and respect that I take bia, South Carolina. porting the observance of Breast Cancer this time to recognize a dear family friend and Awareness Month. This resolution provides a The church has grown other missions in- one of this Nation’s most distinguished citi- special opportunity to increase awareness on cluding Sunday School, Women’s Missionary zens, Reverend Randolph Thompson. On Oc- the importance of regular self-examinations, Society, Sons of Allen youth leadership men- tober 28, 2007, the Thompson Family will as early detection is the key to increasing sur- toring, a media ministry which provides video gather at Sammy’s Shrimp Box Restaurant in vival rates. the Bronx, New York for a very fitting occa- This is also an occasion on which we can and audio cassettes to the sick and shut-in, and a street ministry to those needing spiritual sion—to celebrate Reverend Thompson’s 80th recognize the more than 2.4 million breast Birthday. cancer survivors and remember those who are guidance. Madam, Speaker, I am honored to rise no longer with us on account of this deadly The church also has outreach programs that today to share with my colleagues in the disease. This past October, survivors and ac- serve to better the community as well. Mem- United States House of Representatives the tivists have reminded us why it is so important bers of Mount Olive AME provide assistance accomplishments of this remarkable man. to support research throughout the entire year to help community members with their housing Reverend Thompson was born in Cat Island, to find a cure for breast cancer. Bahamas on October 28, 1927. He received In this country, this disease strikes 1 woman needs, utility bills, job referrals, drug coun- his early education in the Bahamas. In 1948 every 3 minutes, and it is the leading cause of seling, voter registration, parenting skills and Reverend Thompson was licensed to preach death among women ages 45 to 54. The num- the church voluntarily stocks a food pantry. at Bethel Baptist Church in Nassau, Bahamas. bers are staggering—we simply must continue Under the dynamic leadership of Reverend He was ordained in 1953 at Oak City Baptist to adequately fund research and ensure that Roger I. Washington since 1998, Mount Olive Church in Method, North Carolina. In 1954 services and treatments are accessible to AME continues to uphold the vision of its Reverend Thompson received his B.A. Degree those who need them. founders. from Shaw University in Raleigh, North Caro- Mr. Speaker, in honor of those who have Madam Speaker, I invite you and my col- lina, and in 1957 he received his M.Div De- fought a courageous battle with breast cancer, gree from Colgate Rochester Divinity School I ask my colleagues to join me in supporting leagues to join me in commending Mount in Rochester, New York. this resolution. Olive AME Church for a century of faithful As Reverend Thompson traveled about from f service. Its members continue to be beacons of hope in Myrtle Beach. They provide com- state to state he remained true to his commit- TRIBUTE TO MOUNT OLIVE AFRI- passion and care for not only its members but ment to be active, productive and dedicated to every facet of his community. He served as In- CAN METHODIST EPISCOPAL also the least among them. I congratulate CHURCH terim Pastor of Pilgrim Baptist Church in St. Mount Olive AME for its rich 100 year history, Paul, Minnesota; Pastor of Victory Baptist HON. JAMES E. CLYBURN and I look forward to seeing the good works Church in the Bronx, New York for 27 years; of the church as it continues to grow and Director of Baptist Education Center in New OF SOUTH CAROLINA serve the Myrtle Beach community. York; President of the Nassau Bahamas Asso- IN THE HOUSE OF REPRESENTATIVES ciation; Chairman of the Committee of the Tuesday, October 30, 2007 f United Missionary Baptist Association in New Mr. CLYBURN. Madam Speaker, Mount York; Assistant Dean of Empire State Con- Olive African Methodist Episcopal Church of PERSONAL EXPLANATION gress of Christian Education in New York; In- Myrtle Beach, South Carolina will commemo- structor of Lott Carey Foreign Mission Con- rate its 100 years of Christian service at a vention in New York; Pastor of Jackson Chap- Centennial Anniversary banquet on November HON. DEBBIE WASSERMAN SCHULTZ el First Baptist Church in Wilson, North Caro- 17, 2007. OF FLORIDA lina; President of NAACP in Wilson, North Mount Olive AME had a very humble begin- Carolina; Vice Chairman of the Housing Com- ning. A small group of faithful African Amer- IN THE HOUSE OF REPRESENTATIVES mittee for the Baptist World Alliance in Miami ican Christians came together in the Myrtle Tuesday, October 30, 2007 Florida; Parliamentarian for the Interdenomina- Beach area in the late 1800s and constructed tional Ministerial Alliance of Greater Miami; a one-room structure known as the Bush Shel- Ms. WASSERMAN SCHULTZ. Madam Dean of J.T. Brown Seminar School for Min- ter. It was in this simple building that this Speaker, on October 29, 2007, I missed the isters and Missionary Workers in Ft. Lauder- group met to worship under the leadership of following rollcall votes because I was attend- dale, Florida. He also served as Extension Reverend Jackson Hemingway. ing to other congressional matters in my Dis- School Instructor at Florida Memorial College In 1907, this group joined with other Chris- trict: rollcall vote No. 1010, passage of H.R. in Miami, Florida and Bible Expositor with the tians in the area to organize Mount Olive AME Baptist Council of Greater Miami. 3224, the Dam Rehabilitation and Repair Act Church. Three years later, a new church was Madam Speaker, I first met Reverend of 2007; rollcall vote No. 1011, passage of H. built on the site of the old Myrtle Beach High Thompson during my teen years when he ac- School Baseball Field. Bishop B.F. Lee led the Res. 573, Recognizing and commending the cepted the call to become Pastor of my home dedication of the new one-room, wood framed efforts of the United States public and advo- church in Wilson, North Carolina, Jackson church. Reverend H.B. Salters was the leader cacy groups to raise awareness about and Chapel First Missionary Baptist Church. Rev- of the congregation, and later became a help end the worsening humanitarian crisis erend Thompson brought a new vision and bishop in the AME Church as well. Under his and genocide in Darfur, Sudan; and rollcall perspective to our Church and made a tre- leadership, the church also served as a school vote No. 1012, passage of H. Res. 747, Rec- mendous difference in our community. My fa- for local Black children who attended school ognizing the religious and historical signifi- ther was the Chairman of our Deacon Board only six weeks to five months each year. cance of the festival of Diwali. and the two men shared a strong bond of love After a period of significant growth the and friendship. When my father many years church moved to a new location on Carver If present, I would have voted ‘‘aye’’ on later became sick while visiting New York City, Street. In 1959, the parishioners’ dreams of a each measure. it was Reverend and Mrs. Thompson who new sanctuary were realized. were there during this time of need.

VerDate Aug 31 2005 03:03 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A30OC8.029 E30OCPT1 bajohnson on PROD1PC71 with REMARKS October 30, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E2279 Reverend Thompson has received countless years later, she was offered a staff position as I met with Jeffrey and Erika Camacho last awards for exemplary service to his commu- field organizer with the CFT. month during a Congressional Delegation visit nity. As a testament, the Victory Baptist Mary’s work in the field of education advo- to Iraq, Afghanistan, and Germany. I was hon- Church in the Bronx, New York presented cacy is legendary. She represented CFT on ored to visit with them and to hear their story Reverend Thompson with a plaque in recogni- various task forces and committees through of their care and compassion for injured tion of 50 years of outstanding service in the both the California Department of Education servicemembers and their families. Jeffrey and ordained ministry and 27 years of service as and the Chancellor’s Office of the California Erika are performing a great service for our pastor. He was also presented with a plaque Community Colleges. She served on the country. Recently, they opened their home from the Governor General of the Common- Chapter 2 Advisory Committee, the Advisory and provided comfort to the parents of a sol- wealth of the Bahamas for outstanding service Committee on Student Assessment, and task dier who was evacuated from Iraq to Ger- to the community in the tri-state areas of New forces on educational finance, credential re- many. I commend them for their care and con- York, New Jersey and Connecticut. quirements, school restructuring and higher cern for their fellow Guamanians. Madam Speaker, for 51 years Reverend education reforms. She wrote and secured Jeffrey Camacho was born in Agana Thompson has been married to the former passage of key legislation ensuring the rights Heights, Guam and is a 1999 graduate of Bernice Coleman of New York City. Mrs. of female students and staff in California George Washington High School in Mangilao. Thompson is a retired New York City Coun- schools and colleges. Her incredible effective- He is assigned to the Intelligence Surveillance selor. Reverend and Mrs. Thompson are the ness earned her the admiration and respect of Reconnaissance Division of the 603rd Air and parents of five children: Evania Thompson, her colleagues. Space Operations Center at Ramstein Air Esquire is a Law Librarian who currently In 1990, Mary was elected a Vice President Force Base, Germany. His wife, Erika Arceo teaches at the College of the Bahamas; she of the California Labor Federation, AFL–CIO, Camacho was born in Tamuning, Guam and and her spouse, Robert Frazier have one son, and in 1991, was elected CFT President. graduated from George Washington High Khalil Frazier; Danita Thompson, MBA, is a Through the years, she has held numerous School in Mangilao in 1995. The Camachos High School Math Teacher in the Bronx, New leadership positions with AFT, where she was have two children, Kalena Arceo Camacho, York and is a graduate of Hampton and At- instrumental in instituting important advances age 9, and Kaleb Camacho, age 3. lanta Universities; Danita is the Co-founder in childhood education and health care reform. Staff Sergeant Jeffrey Camacho and his and CEO of Onyx Vizion Production Com- Also, during the 1980s, she chaired the Cali- wife Erika are great Americans whose concern pany; Randolph C. Thompson, Esquire, is a fornia Democratic Party’s Labor Caucus and for their fellow citizens and their home island Private Attorney at Law in Washington, DC she was a delegate to the Democratic Na- of Guam has led them to open their hearts and New York and is a graduate of Hampton tional Conventions in 1976, 1992, 1996, 2000 and their home to the families of our wounded University and Catholic University Law School; and 2004. soldiers. The families who have been touched Stephen Thompson who is a recent M.A. re- Madam Speaker, Distinguished Colleagues, by their graciousness are grateful for their cipient in the Faculty of Social Sciences is a I ask you to join me today in saluting Mary warm hospitality. For our families from Guam, graduate of Connecticut’s Wesleyan College, Bergan, a champion of teachers’ rights and they have provided a home away from home. Hebrew University and is also an aspiring writ- public school education. Her dedication and I commend them for all that they have done er; and Ranice Adegbile, a Graduate of Brown selflessness are an inspiration to us all. and for the sacrifices that they make to help and New York Universities is a homemaker; f others. They are an inspiration to us all. she and her spouse, Oluwole Adegbile have f two children, Ayoka and Ayomiku. COMMENDING STAFF SERGEANT I urge my colleagues to join me in recog- JEFFREY CAMACHO AND HIS A TRIBUTE TO OREGON CATTLE- nizing Reverend Randolph Thompson. FAMILY FOR THEIR ASSISTANCE MEN’S ASSOCIATION PRESIDENT TO SERVICEMEMBERS SHARON LIVINGSTON f TRIBUTE TO MARY BERGAN HON. MADELEINE Z. BORDALLO HON. GREG WALDEN OF GUAM OF OREGON HON. HOWARD L. BERMAN IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA Tuesday, October 30, 2007 Tuesday, October 30, 2007 IN THE HOUSE OF REPRESENTATIVES Ms. BORDALLO. Madam Speaker, I rise Mr. WALDEN of Oregon. Madam Speaker, I Tuesday, October 30, 2007 today to recognize the outstanding service to rise today to share with you and my col- Mr. BERMAN. Madam Speaker, I am hon- our community provided by Staff Sergeant Jef- leagues the story of a remarkable woman and ored to pay tribute to my good friend Mary frey Camacho, his wife Erika and their children leader from eastern Oregon, Sharon Living- Bergan for over 35 years of service to the to wounded United States servicemen and ston. Sharon is the President of the Oregon California Federation of Teachers (CFT), and women receiving medical care at Landstuhl Cattlemen’s Association and a tremendous for her tireless work to protect the rights of Regional Medical Center, Germany. friend to rural America. When this week draws teachers and students and promote excellence The Camacho family resides on Ramstein to a close, so too will Sharon’s tenure as in education. Air Force Base, Germany and has assumed president. Before that occurs, I want to pay From the time I was first elected to the Cali- the task of welcoming the servicemen and tribute to Sharon for the contributions she has fornia State Assembly and Mary was chosen women from Guam who are receiving medical made to an outstanding industry. Legislative Director of CTA, we have worked care at Landstuhl Regional Medical Center. Sharon embodies the best in rural Oregon together on numerous legislative matters. I They extend their care to the families of the frontier women; she loves the land, she em- have enormous admiration and appreciation injured servicemembers and have become a braces the Oregon ‘‘can do’’ spirit, and she for her work. Over and over again in Sac- focal point for our Guam community’s efforts values the dignity of everyone she meets. ramento and in Washington, I have sought to provide assistance to our men and women Sharon is a patriot with unflagging pride in her Mary’s advice on key educational reform and who have been wounded. The Camachos are country. She is a great steward of the land, finance issues. volunteers at Landstuhl and at Fisher House. proud of her industry, and intent on doggedly Mary received her Bachelor of Arts in They also open their home to the defending the private property rights, water English from the University of California at servicemembers and their families. Many rights, and grazing rights of ranchers. Sharon Berkeley in 1965, and upon graduation, en- times, the families of injured soldiers need a leads her industry with assertiveness and tered the Peace Corps. She was sent to place to feel normal, to share dinner, and to kindness, always mindful that the American Tunku Kurshiah College in Serenban Negri enjoy Chamorro hospitality. Sometimes it is rancher raises the healthiest and highest qual- Sembilan, Malaysia, to teach English and lit- the simplest gestures, such as making kadu or ity beef in the world. She, like her fellow Or- erature. Upon returning to the United States, sharing a disc of the latest Chamorro songs egon beef producers, places a very high pri- she became an English teacher at Hillview that make recuperation easier for the soldiers ority on providing food of unsurpassed quality Junior High School in Pittsburg, California. and their families. The Camacho family, for dinning room tables around the world. She became involved with the local American through their gracious hospitality, has touched Sharon’s strong values were established at Federation of Teachers (AFTA) and was elect- the lives of so many people from Guam and an early age, having grown up in the small ed President. She was such an outstanding we want them to know that we appreciate their community of Long Creek, OR, where she has teacher and effective union leader that only 3 efforts. lived for more than 60 years. The first three

VerDate Aug 31 2005 03:03 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A30OC8.033 E30OCPT1 bajohnson on PROD1PC71 with REMARKS E2280 CONGRESSIONAL RECORD — Extensions of Remarks October 30, 2007 years of her life were spent living in a 2-room Mr. Wimsatt joined the Army in 1953, serv- commission tasked with advising legislators, house on her grandmother’s homestead. The ing as a medic. He retired from the Army with so that we may never again devolve into an water source for their house was a spring out- the rank of Corporal. unfair system. side the front door and a path led to the bath- Mr. Wimsatt has made it a personal priority After decades fraught with injustice, smart room, That property is still a part of her ranch to serve his fellow veterans through his work and widespread reform is long overdue. and she values it far beyond the price it might with American Legion Post 121. He is cur- RATIONAL SENTENCING bring on the open market. rently in his 4th term as Post Commander. New York sparked a disastrous national Madam Speaker, in addition to being a life- Under his command the post reached its 100 trend during the 1970s with laws that often pe- long rancher, Sharon Livingston has also been percent membership goal for the first time in nalized first-time drug felons more severely a teacher and a coach, graduating from East- 15 years. Mr. Wimsatt also directed recent fa- than rapists or murderers. Imitated throughout ern Oregon University following 12 years of cility renovations. the country, New York’s so-called Rockefeller school in Long Creek. As a teacher and Beyond his service to the American Legion, laws drove up the prison population tenfold coach, her skills as a trainer and motivator be- Charles Wimsatt has found time to be active and cost the states a fortune, but did nothing came her strengths as a leader in the ranch- in many other worthy causes. He has played to curb the drug trade. Worse still, they tied ing industry. She always does her homework, an integral part in fundraising for his local Na- the hands of judges and destroyed countless she works hard to understand complex issues, tional Guard unit and is currently raising young lives—by requiring long prison terms in and she is adept at helping others to grasp money for a VA medical facility in Germany. cases where leniency and drug treatment the need to go in new directions. Mr. Wimsatt also served on the Black Mud were clearly warranted. When I was in Burns, OR this summer to Volunteer Fire Department for 46 years. New York has made incremental changes to meet with ranchers who had their grazing land It is my privilege to honor Charles G. the Rockefeller laws in recent years, but has obliterated by devastating wildfires, Sharon Wimsatt today, before the entire United States stopped short of restoring judicial discretion. was there to offer encouragement and to en- House of Representatives, for his service to Governor Eliot Spitzer seemed to be pushing sure that the needed relief was on its way. As our country and his tireless efforts on behalf of in that direction this year when he appointed you can imagine, Madam Speaker, with liveli- American Legion Post 121. Mr. Wimsatt has a commission to study the range of state sen- hoods in serious jeopardy, emotions can run made a significant difference to his Old Ken- tencing practices. high. Sharon was there as a voice of reason tucky Home. The commission’s preliminary report con- and a message of hope. She made a dif- tains many valuable recommendations for fix- ference. Her straightforward ways, her open- f ing the sentencing system as a whole. But the ness, and her confidence in the future helped PERSONAL EXPLANATION superficial treatment given the Rockefeller immensely to set us all at ease about dealing laws has raised fears among fair-sentencing with the effects of the catastrophic fire. HON. PHIL ENGLISH Her pride in her industry and her community advocates that the commission intends to OF PENNSYLVANIA is strong and deep, but she would tell you that duck the issue in its final report, due next her greatest pride and greatest joy is derived IN THE HOUSE OF REPRESENTATIVES spring. That cannot be allowed to happen. from her family. Tragically, she lost her hus- Tuesday, October 30, 2007 Voters deserve a thorough airing of this issue band, Fred Livingston, to cancer in 1992. and a full menu of options for reforming the Mr. ENGLISH of Pennsylvania. Madam most draconian drug laws the country has yet Sharon married Fred in 1957. Sharon gives Speaker, on rollcall No. 1010 on H.R. 3224, him high praise when she describes Fred as seen. 1011 on H. Res. 573, and 1012 on H. Res. The report rightly calls for ending New a cowboy, a calf roper, and a fine man. 747, I was detained due to traffic and was not York’s byzantine system of ‘‘indeterminate Sharon and Fred raised three children: Rilla, able to vote. Clayton, and Fred John (FJ). Rilla and Clayton sentencing,’’ under which a judge imposes a Had I been present, I would have voted minimum and a maximum sentence and the live in the Pendleton area, and FJ is Sharon’s ‘‘yea’’ on all 3. partner on the ranch. Sharon has four grand- Parole Board decides when to release an of- f children whom she treasures. Sharon loves fender. It calls for sentencing certain non- her ranch, her cattle, and her horses. She ENDORSING THE CALL FOR FAIR, violent offenders to community-based treat- says that her heart swells with pride when her COMPREHENSIVE SENTENCING ment instead of prison. It also recommends re- oldest grandson rides and helps with the cat- REFORM IN NEW YORK storing prison-based educational and training tle. She takes great joy and satisfaction seeing programs, which have been shown to cut re- yet another generation value the lifestyle that cidivism by giving inmates marketable skills. HON. CHARLES B. RANGEL Most important, the report calls for the State has meant so much to her. She looks forward OF NEW YORK to the very near future when her twin grand- to establish a permanent, independent sen- IN THE HOUSE OF REPRESENTATIVES daughters and another grandson learn to ride tencing commission to advise legislators. Al- and rope. You can be sure that Sharon will be Tuesday, October 30, 2007 ready working in several states, such commis- sions have independence and statutory au- there to teach them. Mr. RANGEL. Madam Speaker, I rise today Madam Speaker, I am so proud of my thority. At their best, they help legislatures to add my voice to the many urging New York make rational decisions and avoid disastrous friend, Sharon Livingston. She is a woman of State—and the country, at large—to reform its her word and a woman of conviction. You only policies that have failed elsewhere, like New sentencing. The New York Times editorial, York. have to meet Sharon once to know that she ‘‘Rational Sentencing,’’ published October 25, has a keen intellect and a caring heart that 2007, takes up that challenge, forcefully argu- f makes her a natural born leader. I ask my col- ing that draconian measures enacted over 30 PERSONAL EXPLANATION leagues to join me in saluting this amazing years ago have done nothing to curb drug woman who has served so ably as president use. They have, however, maintained an in- of the Oregon Cattlemen’s Association. HON. TIMOTHY V. JOHNSON flated prison population, hamstrung the discre- OF ILLINOIS f tions of judges, and burdened the state with IN THE HOUSE OF REPRESENTATIVES HONORING CHARLES G. WIMSATT exorbitant cost. A failed system demands creative solutions—and it demands that they Tuesday, October 30, 2007 HON. RON LEWIS come speedily. Mr. JOHNSON of Illinois. Madam Speaker, It is incumbent upon the state to empower unfortunately yesterday, October 29, 2007, I OF KENTUCKY judges and end indeterminate sentencing that was unable to cast my votes on H.R. 3224, H. IN THE HOUSE OF REPRESENTATIVES allows them to set minimums and maximums Res. 573, and H. Res. 747 and wish the Tuesday, October 30, 2007 but little else. It should deal with nonviolent of- RECORD to reflect my intentions had I been Mr. LEWIS of Kentucky. Madam Speaker, I fenders in a sensible, compassionate manner, able to vote. rise today to recognize Charles Wimsatt, an offering community-based treatment in lieu of Had I been present for rollcall No. 1010 on outstanding man with a long history of service jail time. It should restore prison-based edu- suspending the rules and passing H.R. 3224, to our country and to Kentucky. Mr. Wimsatt cation and training programs, ridding jails of the Dam Rehabilitation and Repair Act of has been an active member of American Le- their revolving-door culture and arming in- 2007, I would have voted ‘‘yea.’’ gion Post 121 in Bardstown, Kentucky for mates with marketable skills. It should create Had I been present for rollcall No. 1011 on nearly 60 years. a permanent and independent sentencing suspending the rules and passing H. Res.

VerDate Aug 31 2005 03:16 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A30OC8.036 E30OCPT1 bajohnson on PROD1PC71 with REMARKS October 30, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E2281 573, Recognizing and commending the efforts funeral on October 29 at St. Peters Catholic He passionately believed that every world of the United States public and advocacy Church on Capitol Hill. Joe had served as citizen had a right to pursue their religious beliefs free from persecution or dictation and groups to raise awareness about and help end Congressman OBEY’s chief of staff from 1987 he was immensely proud of his relationship the worsening humanitarian crisis and geno- to 1997, the last three years as Democratic at the Commission with those of every philo- cide in Darfur, Sudan, and for other purposes, counsel to the House Appropriations Com- sophical bent, including Frank Wolf, who I would have voted ‘‘yea.’’ mittee. I also insert for the RECORD a news re- was similarly passionate. Had I been present for rollcall No. 1012 on lease from the USCIRF mourning the passing He believed in a religion of tolerance and suspending the rules and passing H. Res. of its executive director. respect. 747, Recognizing the religious and historical We express our deepest condolences to He worried that politicians could trivialize significance of the festival of Diwali, I would Joe’s wife of 40 years, Barbara Vaskis Crapa and cheapen religion. He did not believe it have voted ‘‘yea.’’ of Alexandria, Virginia; his son Judd, daugh- was legitimate for politicians to claim God ter-in-law Gretchen, and grandsons Sebastian as their own celestial party chairman, as a f fellow New Yorker once warned against. and Baird. As Barbara pointed out Saturday, he be- HONORING THE PORTLAND REMARKS BY CONGRESSMAN DAVID OBEY— VOLUNTEER FIRE DEPARTMENT lieved that a respectful but separate rela- FUNERAL FOR JOSEPH R. CRAPA tionship between church and state was essen- Joe Crapa could do just about everything! tial to preserve and protect both religion and HON. BART GORDON He taught high school. democracy. He represented 1,000 teachers in budget ne- OF TENNESSEE Joe loved his last job, but I will always see gotiations. him as a superb example of so many on Cap- IN THE HOUSE OF REPRESENTATIVES He taught college courses in literature, itol Hill who never serve in public office, Tuesday, October 30, 2007 writing, and government. whose name is never on the door, who day in He was a fundraiser, and outreach director and day out love their country and try to Mr. GORDON of Tennessee. Madam for the congressional Democratic leadership. make this a better world. Speaker, today I rise to honor the members of He was a key figure in a government rela- Because I believe so many of you see Joe the Portland Volunteer Fire Department for tions firm. the way I see him, I would like to share with their selfless dedication and bravery in pro- He represented three separate government you part of a letter I wrote to Joe when he tecting our families, day and night. departments in dealing with Congress—Com- went into the hospital for the last time: The Portland Volunteer Fire Department merce, USAID, and EPA. ‘‘Joe—Judd was in my office yesterday and Building on his experience growing up in serves 64 square miles of Sumner County out- told me the latest on your health situation. ‘‘rural’’ Brooklyn, he served as staff director I wish to God you had received better news. side the city limits. The department has re- for a House Agriculture Subcommittee. ceived three U.S Homeland Department of Se- I’m about to leave to catch a plane for Wis- He was staff director for two of the ‘‘easi- consin, but before I did I wanted to put a few curity grants. est’’ people in Congress to work for—Chuck thoughts down on paper so that you know Without volunteer fire halls, like Portland, Schumer and me. how I feel about you. many places in the Sixth District would lack ef- He worked at my side for 10 years. When I was first interviewing you to run fective fire protection. In the state of Ten- Finally, he served as Executive Director of my office, my first impression in the first 10 the U.S. Commission on International Reli- nessee, over 70 percent of fire service is pro- minutes we talked was that there was no gious Freedom. way in God’s green earth that I could ever vided by volunteers. Among these volunteers, He did all of those jobs well. develop chemistry with this fast talking ref- almost 75 percent work other daily jobs. He had a superb professional career! But ugee from Brooklyn. I have been forever Ensuring our families’ safety is not without WHAT he accomplished professionally in his grateful that you proved me wrong. life is not nearly as impressive as HOW he risk. Sadly, an average of two firefighters die I hope you know how grateful I am for ev- did it. each year in Tennessee in the line of duty. In erything you did with and for me.... I was This is a tough and often indifferent town. 2005, the Tennessee Fire Services and Code blessed to have your energy, know how, in- If you are not alert, it can wear you down. Academy dedicated a memorial on their main sight, judgment, and wisdom. I hate to think Temptations always abound to cut corners how little I would have accomplished with- campus in Bell Buckle to honor those Ten- and settle for boilerplate mediocrity. But out having you beside me during these years. nessee firefighters who have died in the line of not Joe!! duty. Joe was a tough, street smart pol in the But even more than that, I appreciate the For their willingness to serve, the following best sense of that term, but what epitomized personal support and friendship you gave me in those years, even down to today. Politics members of the Portland Volunteer Fire De- him most of all was his deep understanding of human nature and his unflagging honesty. is a tough life and those of us who live it partment deserve recognition: Chief Kenny know how exposed and vulnerable we all are. Crowson, Asst. Chief George Knuckols, Cap- I cannot tell you how many times he said to me, ‘‘Dave, that’s the dumbest idea I’ve ever During these years, you were able to give tain Richard Lanius, Lt. Jessica Knuckols, Lt. heard of.’’ And sometimes his language me sound advice on every front, but the most Bobby Wilson, Tony Green, Brent Dyer, Josh wasn’t that sweet. Joe was determined to valuable aspect of your counsel was the fact Covington, Tav Matthews, Arthur Benjamin, strip away the irrelevant, the secondary, the that underneath it all was a moral core that Samantha Roberson, Scott Meece, Lindi trivial, in order to reach the fundamental. was true to both you and me. That is a spe- Costner, Williams Keen, Russ Caudill, David Where did that come from? I think it came cial link between ‘‘brothers’’ that I hope we both treasure. Roberson, and Jim Youngblood. from a character and intellect that was expanded and burnished by his exposure to the You are a great public servant, a great f questions that count by the Jesuits and then friend, and a great human being. Thank you for understanding and accepting my weak- IN MEMORY OF JOE CRAPA as a PhD student in literature, being exposed to the core realities of human experience. ness and shortcomings and for enhancing my As a practical, operational public man, strengths. Please know that there are many, HON. FRANK R. WOLF he—with no guilt—accepted the compromises many, many people in this town who feel the OF VIRGINIA that are the stock in trade in politics. He un- same way about you. . .’’ IN THE HOUSE OF REPRESENTATIVES derstood what Will Rogers meant when he And as we say in the House of Representa- said, ‘‘When two people agree on everything, tives, I ask unanimous consent that these sen- Tuesday, October 30, 2007 one of them is unnecessary.’’ He understood, timents be considered the views of all of you Mr. WOLF. Madam Speaker, we were sad- as my great Irish friend John Hume once here who knew, respected, and loved him. dened with the news last week that an out- told me, that ‘‘in a democracy politics is a substitute for violence.’’ USCIRF MOURNS PASSING OF EXECUTIVE standing public servant had lost his battle with But Joe also had rock hard convictions on DIRECTOR JOSEPH CRAPA cancer. Joseph R. Crapa was serving as the a few essentials: WASHINGTON.—Joseph R. Crapa, the Execu- executive director of the bipartisan U.S. Com- He fiercely believed that the widening gap tive Director of the United States Commis- mission on International Religious Freedom between the most privileged and the poor is sion on International Religious Freedom, (USCIRF) at the time of his passing on Octo- obscene. died Thursday after a struggle with cancer. ber 25. It was my privilege to know Joe and He believed, as Bill Moyers has said, that Mr. Crapa, 63, had led the Commission since to work with him and his fellow commissioners politics ‘‘must be more than who gets what; 2002. that it should rise above the merely trans- ‘‘Joe had sharp political instincts but a and the staff at USCIRF in their dedicated ef- actional and become transformational; that soft personal touch,’’ said Michael forts to protecting religious freedom throughout it must even the starting gate so that people Cromartie, current Chair of the Commission. the world. equal in humanity but not in resources have ‘‘He had an unwavering, principled commit- I would like to share the touching remarks a reasonable opportunity to pursue a full and ment to advancing the work of this bipar- our colleague Rep. DAVID OBEY gave at Joe’s decent life.’’ tisan Commission in protecting religious

VerDate Aug 31 2005 03:16 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\A30OC8.042 E30OCPT1 bajohnson on PROD1PC71 with REMARKS E2282 CONGRESSIONAL RECORD — Extensions of Remarks October 30, 2007 freedom worldwide. Everyone who knew and Judd, daughter-in-law Gretchen, grandsons sion of farming the land that he loved. He worked with Joe found him to be a remark- Sebastian and Baird, and his extended fam- worked thousands of acres of farmland in ably committed public servant.’’ ily. Desha County and was the first farmer in the ‘‘We have lost a uniquely talented leader, f area to irrigate cotton. He continued his work trusted counselor and beloved friend to each in agriculture by chairing the committee to of the Commissioners,’’ said Commission HONORING THE ORLINDA build a Farm Bureau office in McGehee that Vice Chair Preeta D. Bansal, who served as VOLUNTEER FIRE DEPARTMENT Commission Chair in 2004–2005. ‘‘I respected would eventually benefit thousands of farmers tremendously his commitment to the sub- from across the region. stance of our work and his appreciation for HON. BART GORDON In addition to his leadership in the field of the critical issues at the juncture of religion OF TENNESSEE agriculture, Howard Newton was also a man and foreign policy at this unique period in IN THE HOUSE OF REPRESENTATIVES our history. His sharp political and human of devout faith. He was a member of the New- instincts and his deep love for humanity Tuesday, October 30, 2007 ton Chapel United Methodist Church where he served as board member and Sunday School were crucial to our work in this sensitive Mr. GORDON of Tennessee. Madam arena. We loved him and will miss him dear- teacher, as well as a familiar face in the con- Speaker, today I rise to honor the members of ly.’’ gregation, and always someone with open the Orlinda Volunteer Fire Department for their ‘‘It was an honor to serve on the Search ears for conversation and fellowship. selfless dedication and bravery in protecting Committee that recommended Joe Crapa to Howard Newton will forever be remembered be the Executive Director of the Commis- our families, day and night. sion,’’ said Vice Chair Richard D. Land. ‘‘As The Orlinda Volunteer Fire Department was for his outstanding service to our country and a Republican appointee, I was most happy to established in 1973 and today is made up of his community. I extend my deepest condo- enthusiastically endorse and commend this 20 brave, hardworking men and women. lences to his wife, Frances Rands Newton; his faithful Democrat who loved America and These firefighters also serve as medical first daughter, Gene Beard Curry of Pottsboro, loved the freedom for which it stands. He responders. Texas; his sister, Hazel Wheeler of Sulphur was a tireless proponent of religious freedom Springs; his stepchildren, Sarah Jones of around the world and was instrumental in Without volunteer fire halls, like Orlinda, many places in the Sixth District would lack ef- Soldotna, Alaska and Allan Rands of Dumas; making the Commission an extremely effec- and to his numerous grandchildren, great- tive voice for religious freedom. It was an fective fire protection. In the state of Ten- grandchildren, nieces, nephews and friends. honor and a privilege to have known him and nessee, over 70 percent of fire service is pro- served with him. All of us who knew him will vided by volunteers. Among these volunteers, Howard Newton will be greatly missed in miss him.’’ almost 75 percent work other daily jobs. Dumas, Desha County and throughout the ‘‘Joe Crapa took a newly established Com- Ensuring our families’ safety is not without State of Arkansas, and I am truly saddened by mission, at a crucial time in U.S. history, risk. Sadly, an average of two firefighters die this loss. and, during his tenure, turned it into a respected voice on post–9/11 foreign policy and each year in Tennessee in the line of duty. In f a source of new research and insights into 2005, the Tennessee Fire Services and Code the influence of religious freedom and re- Academy dedicated a memorial on their main HONORING THE MT. VERNON lated human rights on world affairs,’’ said campus in Bell Buckle to honor those Ten- VOLUNTEER FIRE DEPARTMENT Felice D. Gaer, Chair of the Commission in nessee firefighters who have died in the line of 2002–2003, when Mr. Crapa joined USCIRF, duty. and in 2006–2007. For their willingness to serve, the following HON. BART GORDON ‘‘Joe’s great love of people and respect for members of the Orlinda Volunteer Fire Depart- religion transcended all differences. With OF TENNESSEE ment deserve recognition: Chief Dusty John- ebullience and panache, he effectively di- IN THE HOUSE OF REPRESENTATIVES rected the Commission through a trans- son Sr. Assistant Chief Nancy Johnson, Cap- formative period when the salience of the tain Dusty Johnson Jr. Captain Charlie Tuesday, October 30, 2007 universal and inalienable right of religious Groves, Captain David Spivey, Clay Frey, Jus- Mr. GORDON of Tennessee. Madam freedom has been demonstrated daily by tin Barnhill, Bubba Dorris, Nick Poe, Jason Speaker, today I rise to honor the members of world events,’’ said Nina Shea, who has Hemper, Ashley Johnson, Amanda Groves, the Mt. Vernon Volunteer Fire Department for served as a Commissioner since USCIRF’s Travis Garman, Mike Brinley, Jason their selfless dedication and bravery in pro- founding in 1999. ‘‘He will always be an inspi- Vanderheyden, Derrick Crossfield, Larry Phil- ration for me and those who had the privi- tecting our families, day and night. lege of working with him.’’ lips, Peter Pecori, Tommy Clowers, Judy Barnhill, John Barnhill, Rachael Payne, Paul In 2005, Mt. Vernon Volunteer Fire Depart- Prior to coming to the Commission, Mr. ment responded to 14 wild land, brush and Crapa served as Chief of Staff to Senator Jones, Noah Payne, and Daniel Couch. grass fires. They ran 24 vehicle accidents and Charles E. Schumer (D–NY). Mr. Crapa spent f the four prior years as Assistant Adminis- E.M.S. calls, eight residence fires, and 23 oth- trator at the U.S. Agency for International IN MEMORY OF HOWARD NEWTON ers for a total of 69 responses. Development. He also served as Assistant Without volunteer fire halls, like Mt. Vernon, Secretary at the Department of Agriculture HON. MIKE ROSS many places in the Sixth District would lack ef- and Associate Administrator at the Environ- fective fire protection. In the state of Ten- OF ARKANSAS mental Protection Agency, where his port- nessee, over 70 percent of fire service is pro- folio included Congressional Relations and IN THE HOUSE OF REPRESENTATIVES Public Affairs. vided by volunteers. Among these volunteers, Tuesday, October 30, 2007 For 10 years, Mr. Crapa served as Chief of almost 75 percent work other daily jobs. Staff to Rep. David Obey (D–WI), currently Mr. ROSS. Madam Speaker, I rise today to Ensuring our families’ safety is not without the Chairman of the House Appropriations honor the memory of Howard Newton of risk. Sadly, an average of two firefighters die Committee, and also as counsel to the House Dumas, Arkansas, who passed away Sep- each year in Tennessee in the line of duty. In Appropriations Committee. He was an Ad- tember 25, 2007, at the age of 89. 2005, the Tennessee Fire Services and Code junct Professor of Government at George- Academy dedicated a memorial on their main town University (1990–1995) and was a Stennis Howard Newton was a decorated World Fellow of Congress (1995–1997). He also was a War II veteran, a retired farmer and an inspira- campus in Bell Buckle to honor those Ten- Lecturer for the Washington Campus, a con- tion to all who knew him. Upon graduating nessee firefighters who have died in the line of sortium of universities where he lectured on from Tillar High School, he enlisted in the duty. Congress and the policy process. Army where he honorably served his country For their willingness to serve, the following A native of Brooklyn, New York, Mr. Crapa earning numerous medals including the Silver members of the Mt. Vernon Volunteer Fire De- graduated from Cathedral College Pre- Star, the Bronze Star and the Purple Heart. partment deserve recognition: Chief Ray D. paratory Seminary. He received a B.A. from His bravery and courage was exemplified by Hicks, Faye Hicks, David Dyer, Cheryl Dyer, St. John’s University, an M.A. from Duke University, and a Ph.D. at the University of his selfless leadership in battles including the Coel Bean, Rickey Bean, Randy Bean, Mary Arizona, where he was a National Defense noted rescue of trapped Allied forces in Bas- Bean, Harold Hatcher, Eddy Hatcher, Jason Teaching Fellow. togne, Belgium, during World War II. Rhoton, Shawn Hatcher, Shannon Hatcher, The Commission extends its most sincere After the war, Howard Newton returned Johnny Young, Denise Rhoton, Crystal Key, condolences to Mr. Crapa’s wife Barbara, son home to Desha County to pursue his true pas- Robert Cox, Adam Bryant, and Craig Copess.

VerDate Aug 31 2005 03:03 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\CR\FM\A30OC8.048 E30OCPT1 bajohnson on PROD1PC71 with REMARKS October 30, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E2283 CONGRATULATIONS TO KIMBERLY Ensuring our families’ safety is not without HONORING THE LANCASTER WOODARD AND JOI SHEFFIELD risk. Sadly, an average of two firefighters die VOLUNTEER FIRE DEPARTMENT ON WORK DONE FOR THE ELIAS each year in Tennessee in the line of duty. In MOTSOALEDI PRE-PRIMARY 2005, the Tennessee Fire Services and Code HON. BART GORDON SCHOOL IN SOWETO, SOUTH AF- Academy dedicated a memorial on their main OF TENNESSEE RICA. campus in Bell Buckle to honor those Ten- IN THE HOUSE OF REPRESENTATIVES nessee firefighters who have died in the line of HON. GREGORY W. MEEKS duty. Tuesday, October 30, 2007 OF NEW YORK For their willingness to serve, the following Mr. GORDON of Tennessee. Madam IN THE HOUSE OF REPRESENTATIVES members of the Monterey Volunteer Fire De- Speaker, today I rise to honor the members of Tuesday, October 30, 2007 partment deserve recognition: Chief Richard the Lancaster Volunteer Fire Department for Milligan, Assistant Chief Kevin Peters, Johnny their selfless dedication and bravery in pro- Mr. MEEKS of New York. Madam Speaker, Bowman, Mike Looper, Jeff Hicks, Matt tecting our families, day and night. I would like to take this opportunity to recog- Parrott, Jody Key, John Webb, Jonathan Sisco The Lancaster Volunteer Fire Department is nize and congratulate Miss Joi E. Sheffield and Terry Coggside. a small, rural fire department in a close-knit and Miss Kimberly A. Woodard as they em- community. The department hosts the Fire bark on a journey to improve the lives of f Hall Jam every August. young boys and girls in South Africa through Without volunteer fire halls, like Lancaster, IN MEMORY OF EARL CLEMONS, education. many places in the Sixth District would lack ef- JR. Miss Sheffield and Miss Woodard are fective fire protection. In the state of Ten- launching their first event, in partnership with nessee, over 70 percent of fire service is pro- The Silver Spring (Maryland) Chapter of the HON. MIKE ROSS vided by volunteers. Among these volunteers, The Links, Incorporated, Shari Sheffield, The OF ARKANSAS almost 75 percent work other daily jobs. Perfect Glass LLC and TV One, by hosting a IN THE HOUSE OF REPRESENTATIVES Ensuring our families’ safety is not without charity event this evening at the Verizon Cen- Tuesday, October 30, 2007 risk. Sadly, an average of two firefighters die ter’s concert featuring legendary recording art- each year in Tennessee in the line of duty. In ist Stevie Wonder. Proceeds from their event Mr. ROSS. Madam Speaker, I rise today to 2005, the Tennessee Fire Services and Code will benefit The Elias Motsoaledi Pre-Primary honor the memory of Earl Clemons, Jr., for- Academy dedicated a memorial on their main School in Soweto, South Africa in the Gauteng merly of Pine Bluff, Arkansas, who passed campus in Bell Buckle to honor those Ten- Province. away October 20, 2007, at the age of 83. nessee firefighters who have died in the line of The Elias Montsoaledi Pre-Primary School Earl Clemons, Jr., dedicated his life to his duty. is a temporary school located in the informal family, his community and his country. He was For their willingness to serve, the following settlement of Montsoaledi. The school was born in the small Delta town of Tamo, in Jef- members of the Lancaster Volunteer Fire De- built in 2002 with donations from The Links, ferson County, and his deep affection for the partment deserve recognition: Chief Tim Man- Incorporated. The Elias Montsoaledi Pre-Pri- Delta region can be measured by the enor- ning, Asst. Chief Larry Moss, Keith Williams, mary School is a private school that does not mous contributions he made to the agriculture Honorary Lifetime Member Bradley Helm, Tim qualify for funding from the South African gov- community of Arkansas, something he dedi- Bates, Larry Watts, Danny Bass, Ellic Gullett, ernment and is reliant on private funding and cated his passions and energies to throughout James Grentry, Kevin Moss, and Keith Boyd. donations for school tuition and fees, teacher’s his long life. It can always be said he lived life f salary, books and supplies, and meals. to the fullest and impressed upon each person In May 2007, Miss Sheffield and Miss he met the value of giving back, something CELEBRATING AMERICA’S Woodard traveled to South Africa as part of a that was evident in his numerous leadership HERITAGE ACT Links, Incorporated-sponsored trip, where they roles he held in life. visited The Elias Montsoaledi Pre-Primary Upon graduation from Grady High School, SPEECH OF School, among many others. Following that Earl Clemons, Jr., served his country in the HON. DAVID LOEBSACK experience they walked away committed to 103rd Infantry Division of the U.S. Army. After OF IOWA working to improve the lives of the children his service, he returned home and earned a IN THE HOUSE OF REPRESENTATIVES they met in Soweto, South Africa. degree in agricultural engineering from the Madam Speaker, I want to congratulate University of Arkansas at Fayetteville. He took Wednesday, October 24, 2007 Miss Sheffield and Miss Woodard on the work his enthusiasm for agriculture back to his Mr. LOEBSACK. Mr. Speaker, I rise today in they are doing in support of those seeking hometown of Tamo where he refined his craft strong support of H.R. 1483, Celebrating educational excellence in South Africa, and I on the family farm. Over the years, he gave America’s Heritage Act. I thank Congressman wish them well in their endeavors. everything he had to agriculture and to the REGULA, Chairman RAHALL, and their staff for f Delta region. His famous ‘‘Farm Tour’’ was a their hard work on bringing this deserving and HONORING THE MONTERY detailed history of agriculture in the Delta that important legislation to the floor for full consid- VOLUNTEER FIRE DEPARTMENT included visits to a local cotton gin, cotton oil eration. This bi-partisan legislation will author- mill and river port where grain was loaded. ize additional funding to existing National Her- In addition to his work in the field of agri- itage Areas, ensure adequate management of HON. BART GORDON culture, Earl Clemons, Jr., was also a man of these areas, and establish six new Heritage OF TENNESSEE devout faith. He was a member of St. Joseph Areas which enjoy broad community support. IN THE HOUSE OF REPRESENTATIVES Catholic Church in Pine Bluff. His belief in the The National Heritage Area program is Tuesday, October 30, 2007 importance of community led him to serve in unique in that it involves whole communities in Mr. GORDON of Tennessee. Madam many civic organizations such as the Grider public/private partnerships to recognize, and Speaker, today I rise to honor the members of Field Airport Commission and the local Board appreciate our Nation’s shared history for gen- the Monterey Volunteer Fire Department for of Directors of Simmons First National Bank in erations to come. I’m so pleased that both their selfless dedication and bravery in pro- Pine Bluff. sides of the aisle support the goals of the Na- tecting our families, day and night. I extend my deepest condolences to his tional Heritage Area program. President Her- In 2000, the Monterey Volunteer Fire De- wife, Bennye Jane Haskins Clemmons; his bert Hoover said, ‘‘Honor is not the exclusive partment bought a new pumper fire engine for two sons, Earl ‘‘Skip’’ Clemons III of Little property of any political party.’’ This bill proves their 1985 Ford fire engine. The Monterey Fire Rock and Neil Clemons of Chicago, Illinois; that honoring our past is also not the exclusive Department is privileged and honored to serve his two daughters Jane Clemons of San Fran- property of any political party. their community and their country. cisco, California and Rose Clemmons Gladner President Hoover, a native Iowan, was born Without volunteer fire halls, like Monterey, of Little Rock; and to his six grandchildren and in West Branch, Iowa on August 10, 1874. many places in the Sixth District would lack ef- numerous friends. Earl Clemons, Jr., will be Thanks in part to the Silos and Smokestacks, fective fire protection. In the state of Ten- greatly missed in Pine Bluff, Jefferson County, or America’s Agricultural Heritage Partnership nessee, over 70 percent of fire service is pro- the agriculture community and throughout the program, President Hoover’s birthplace, and vided by volunteers. Among these volunteers, state of Arkansas, and I am truly saddened by other similar historic sites are preserved and almost 75 percent work other daily jobs. this loss. included in the 37 county, 20,000 square mile

VerDate Aug 31 2005 03:03 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A30OC8.053 E30OCPT1 bajohnson on PROD1PC71 with REMARKS E2284 CONGRESSIONAL RECORD — Extensions of Remarks October 30, 2007 region of Iowa which showcases over 100 2006, and the department responded to 148 the Highway Bridge Program and the National farms, agribusiness and heritage sites to a calls for fire and rescue services and assist- Bridge Inspection Program. During those hear- world wide audience. ance on emergency medical situations. The ings, we have found a number of significant The Silos and Smokestacks program boasts department has 23 members. problems that must be addressed to ensure over $1.2 million in Federal grants awarded Without volunteer fire halls, like Westmore- the overall safety of the nation’s highway with a match from our local Iowa communities land, many places in the Sixth District would bridges. The National Highway Bridge Recon- of $8.3 million. Of these grants, 27 were lack effective fire protection. In the State of struction and Inspection Act of 2007 estab- awarded to schools allowing 1,619 students to Tennessee, over 70 percent of fire service is lishes a framework for risk-based prioritization learn about Iowa’s heritage. provided by volunteers. Among these volun- of bridge infrastructure investments and en- With the increased funding authorized in this teers, almost 75 percent work other daily jobs. sures that the limited resources available legislation for the existing National Heritage Ensuring our families’ safety is not without today will reach those facilities most in need of Areas, over 300,000 students in the Silos and risk. Sadly, an average of two firefighters die repair. Smokestacks area will have a chance to learn each year in Tennessee in the line of duty. In The National Highway Bridge Reconstruc- about Iowa’s agricultural history and heritage. 2005, the Tennessee Fire Services and Code tion and Inspection Act require the Federal I urge my colleagues to support this culturally Academy dedicated a memorial on their main Highway Administration (FHWA) to imme- important legislation. campus in Bell Buckle to honor those Ten- diately update the National Bridge Inspection f nessee firefighters who have died in the line of Standards to establish uniformity among duty. States in conducting inspections and evalua- HONORING THE WEST SIDE For their willingness to serve, the following tions. The bill also strengthens training, certifi- VOLUNTEER FIRE DEPARTMENT members of the Westmoreland Volunteer Fire cation, and qualification requirements for all Department deserve recognition: Chief Mark highway bridge inspectors. HON. BART GORDON Jenkins, Asst. Chief Tim Shelton, Scott The bill requires States to inspect struc- OF TENNESSEE Vantrease, Rick Myers, Phil Crook, Kevin turally deficient bridges each year using the IN THE HOUSE OF REPRESENTATIVES Bandy, Todd Camp, Jon Pullen, Christina Pull- best practicable technologies and methods. All en, Tim Reagan, Brad Penick, Eric Harrison, Tuesday, October 30, 2007 other bridges would be required to be in- Jason Graves, Larry Gross, Tommy Kirby, spected every 2 years. The legislation allows Mr. GORDON of Tennessee. Madam Brandon Gross, Sean Milam, Brandon Carter, FHWA to extend the biennial inspection re- Speaker, today I rise to honor the members of Jermey Akins, Brent Simons, Greg Carr, quirements if FHWA determines that granting the West Side Volunteer Fire Department for Megan Harrison, Devin Branham, and Troy the extension will increase the overall safety of their selfless dedication and bravery in pro- Moss. the State’s bridge inventory. tecting our families, day and night. f In response to concerns raised in a U.S. The West Side Volunteer Fire Department Department of Transportation Inspector Gen- was established on April 1, 1994. A State THE NATIONAL HIGHWAY BRIDGE eral report, the bill requires States to calculate grant provided 12 sets of bunker gear and RECONSTRUCTION AND INSPEC- the load rating for highway bridges that have pagers. West Side Volunteer Fire Department TION ACT OF 2007 a structural deficiency in a load-carrying mem- responds to incidents including structure fires, ber and ensures that the safe load-carrying trash or brush fires, vehicle fires, accidents HON. JAMES L. OBERSTAR capacity for such bridges is properly posted. with injuries, and EMS First Responder calls. OF MINNESOTA Our legislation also requires the Department Without volunteer fire halls, like West Side, IN THE HOUSE OF REPRESENTATIVES many places in the Sixth District would lack ef- of Transportation to conduct a risk-based Tuesday, October 30, 2007 fective fire protection. In the State of Ten- prioritization for the reconstruction of deficient nessee, over 70 percent of fire service is pro- Mr. OBERSTAR. Madam Speaker, the gen- Federal-aid highway bridges. The National vided by volunteers. Among these volunteers, tleman from Oregon (Mr. DEFAZIO), Chairman Academy of Sciences would then independ- almost 75 percent work other daily jobs. of the Subcommittee on Highways and Tran- ently review the process of prioritization to en- Ensuring our families’ safety is not without sit, and I introduce the ‘‘National Highway sure that investment and resource decisions risk. Sadly, an average of two firefighters die Bridge Reconstruction and Inspection Act of are based on need, not politics. each year in Tennessee in the line of duty. In 2007’’, which will improve the safety of Fed- The bill also calls on States to develop a 5- 2005, the Tennessee Fire Services and Code eral-aid highway bridges, strengthen bridge in- year performance plan for the inspection of Academy dedicated a memorial on their main spection standards and processes, and in- highway bridges and the reconstruction of campus in Bell Buckle to honor those Ten- crease investment in the reconstruction of structurally deficient and functionally obsolete nessee firefighters who have died in the line of structurally deficient bridges on the National Federal-aid highway bridges. The performance duty. Highway System. plans will provide a roadmap for addressing For their willingness to serve, the following The tragic collapse of the I–35W Bridge, bridge needs, and will ensure greater account- members of the West Side Volunteer Fire De- which occurred in my home state of Minnesota ability. partment deserve recognition: Chief John on August 1, 2007, demonstrates the need to The bill authorizes an additional $2 billion Naylor, Assistant Chief Paul Simon, Captain make a commitment to invest in the mainte- for reconstruction of structurally deficient Jack Barton, Matt Studd, Scott Tresler, Jer- nance and reconstruction of our nation’s infra- bridges on the National Highway System. emy Genter, Jeremy Vassar, Jeff Smith, Dale structure. Many facilities are being stretched to These funds are in addition to funds author- Fulghum, Donnie Simon, Ashley Powell, and the limit of their design life and beyond. ized for the Highway Bridge Program under Nicholas Barton. Of the 594,101 bridges in the National the Safe, Accountable, Flexible, Efficient f Bridge Inventory, 26.2 percent of America’s Transportation Equity Act: A Legacy for Users. bridges—more than one in four—are struc- These funds are distributed to the States by HONORING THE WESTMORELAND turally deficient or functionally obsolete. There formula, and Congressional or Administration VOLUNTEER FIRE DEPARTMENT are 73,784 structurally deficient bridges and earmarks are specifically prohibited. 80,317 functionally obsolete bridges. Accord- Finally, the bill limits the transferability of HON. BART GORDON ing to the U.S. Department of Transportation Highway Bridge funds. The funds authorized OF TENNESSEE (DOT), more than $65 billion could be in- by this bill are not transferable to other Fed- IN THE HOUSE OF REPRESENTATIVES vested immediately in a cost-beneficial way to eral-aid highway programs. In addition, the bill address existing bridge deficiencies. provides that a State may transfer Highway Tuesday, October 30, 2007 We must take action to put in place a Bridge Program funds to other Federal-aid Mr. GORDON of Tennessee. Madam framework to address this situation, and en- Highway programs only if the State dem- Speaker, today I rise to honor the members of sure that the safety and structural integrity of onstrates to the satisfaction of the Secretary the Westmoreland Volunteer Fire Department the nation’s highway bridges do not continue that the State has no structurally deficient for their selfless dedication and bravery in pro- to deteriorate. Federal-aid highway bridges. This ‘‘fix-it-first’’ tecting our families, day and night. Since the collapse of the I–35W Bridge, the approach will ensure that bridge program The Westmoreland Volunteer Fire Depart- Committee on Transportation and Infrastruc- funds are utilized as intended by Congress in ment was organized in 1958. The department ture and the Subcommittee on Highways and SAFETEA–LU—to improve the safety of high- members logged over 1,600 training hours in Transit have conducted in-depth hearings into way bridges.

VerDate Aug 31 2005 03:03 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A30OC8.057 E30OCPT1 bajohnson on PROD1PC71 with REMARKS October 30, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E2285 The bridge collapse of August 1, 2007, has Rodney Pryor, Raymond Summers, Billy Alicia Fields, Derrick Brooks, David Brown, served as a wake-up call for many policy- Templeton, Randy Thaxton, Sam Clark, Aaron Brian Owensby, Aaron Sterling, Ricky Slack, makers and leaders around the country. We Bruce, David Kellogg, Charlie Johnson, Ken Safety and Training Officer Terry Wood, must take the lessons of the I–35W Bridge, Weidner, Tommy Dale, Rich Goddard, Sonny Kennie Bryant, and James Way. Reserve Fire and use them to create an accountable and Briggance, Luke McKnight, Brandon Clark, Department Members: Steven Myers, Chris reliable bridge program that guards the safety Rick Donley, Darrell Templeton, Chasey Fields, Jonas Bullington, and Johnny Richard- of all users. The National Highway Bridge Re- McKnight, Johnny Smith, James Civils, Lee son. construction and Inspection Act of 2007, which Daniels, Steven Johnson, Patrick Foster, Mr. DEFAZIO and I introduce today, begins the Aaron Kinser, Jamie Blair, John Reeser, f process of ensuring that such a tragedy will Micheal Webb, and Kyle Withers. HONORING THE SMITH COUNTY not happen again. f VOLUNTEER FIRE DEPARTMENT f HONORING THE SOUTH CARTHAGE HONORING THE SOUTHEAST VOLUNTEER FIRE DEPARTMENT HON. BART GORDON COMMUNITY FIRE DEPARTMENT HON. BART GORDON OF TENNESSEE IN THE HOUSE OF REPRESENTATIVES HON. BART GORDON OF TENNESSEE OF TENNESSEE IN THE HOUSE OF REPRESENTATIVES Tuesday, October 30, 2007 IN THE HOUSE OF REPRESENTATIVES Tuesday, October 30, 2007 Mr. GORDON of Tennessee. Madam Tuesday, October 30, 2007 Mr. GORDON of Tennessee. Madam Speaker, today I rise to honor the members of Mr. GORDON of Tennessee. Madam Speaker, today I rise to honor the members of the Smith County Volunteer Fire Department Speaker, today I rise to honor the members of the South Carthage Volunteer Fire Department for their selfless dedication and bravery in pro- the Southeast Community Fire Department for for their selfless dedication and bravery in protecting our families, day and night. their selfless dedication and bravery in protecting our families, day and night. The Smith County Volunteer Fire Depart- tecting our families, day and night. The South Carthage Fire Department has ment was founded in 1986. Volunteers con- The Southeast Community Fire Department operated from the same fire station, located tracted a building, and the community bought is made up of 41 volunteers, including 9 board on Main St., next to City Hall, since it was a surplus Tennessee Air National Guard members, and serves over 10,000 people. founded in 1963. The department has serviced Dodge power wagon with a 250-gallon fiber- The department responds to fires, motor vehi- the community for 44 years. glass tank. The department has nine active cle crashes, medical calls, and other service Without volunteer fire halls, like South members. calls. In 2005, the Southeast Community Fire Carthage, many places in the Sixth District Without volunteer fire halls, like Smith Coun- Department responded to nearly 450 calls. would lack effective fire protection. In the state ty, many places in the Sixth District would lack Without volunteer fire halls, like Southeast, of Tennessee, over 70 percent of fire service effective fire protection. In the State of Ten- many places in the Sixth District would lack ef- is provided by volunteers. Among these volun- nessee, over 70 percent of fire service is pro- fective fire protection. In the State of Ten- teers, almost 75 percent work other daily jobs. vided by volunteers. Among these volunteers, nessee, over 70 percent of fire service is pro- Ensuring our families’ safety is not without almost 75 percent work other daily jobs. vided by volunteers. Among these volunteers, risk. Sadly, an average of two firefighters die Ensuring our families’ safety is not without almost 75 percent work other daily jobs. each year in Tennessee in the line of duty. In risk. Sadly, an average of two firefighters die Ensuring our families’ safety is not without 2005, the Tennessee Fire Services and Code each year in Tennessee in the line of duty. In risk. Sadly, an average of two firefighters die Academy dedicated a memorial on their main 2005, the Tennessee Fire Services and Code each year in Tennessee in the line of duty. In campus in Bell Buckle to honor those Ten- Academy dedicated a memorial on their main 2005, the Tennessee Fire Services and Code nessee firefighters who have died in the line of campus in Bell Buckle to honor those Ten- Academy dedicated a memorial on their main duty. nessee firefighters who have died in the line of campus in Bell Buckle to honor those Ten- For their willingness to serve, the following duty. nessee firefighters who have died in the line of members of the South Carthage Volunteer For their willingness to serve, the following duty. Fire Department deserve recognition: Chief Ed members of the Smith County Volunteer Fire For their willingness to serve, the following Lankford, Asst. Chief Tony Hembree, Captain Department deserve recognition: Chief Ronnie members of the Southeast Community Fire A Team Blythe Myers, Bobby Hewitt, Richard Jackson, Asst. Chief John Robinson, Gerald Department deserve recognition: Chief Mickey Ellenburg, Scottie Grisham, David McCall, Bush, George Eisenbach, Josh Collins, Mike Summers, Asst. Chief Henry Thayer, Capt. Captain B Team Grover Ellenburg Jr., John Posey, Jake Watts, Eddie Barnes, and Josh Terry Turner, Engineer William Summers, Antle, Todd Currie, Tracy Fields, Chris Dennis, Tisdale.

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HIGHLIGHTS Senate passed S. 294, Passenger Rail Investment and Improvement Act. Senate to disclose the Federal subsidy of every ticket sold Chamber Action for transportation on Amtrak. Pages S13541–48 Routine Proceedings, pages S13531–S13588 Withdrawn: Measures Introduced: Nine bills and one resolu- Bond (for DeMint) Amendment No. 3468, to in- tion were introduced, as follows: S. 2258–2266, and crease competition in the American rail system by S. Res. 360. Pages S13579–80 allowing any qualified rail operator or transportation company to compete for passenger rail service. Measures Passed: Pages S13537, S13543 Third Higher Education Extension Act: Senate Bond (for DeMint) Amendment No. 3470, to re- passed S. 2258, to temporarily extend the programs quire the Performance Improvement Plan to address under the Higher Education Act of 1965, to amend reaching financial solvency by eliminating routes and the definition of an eligible not-for-profit holder. services that do not make a profit. Pages S13532–33 Pages S13537, S13543 Passenger Rail Investment and Improvement During consideration of this measure today, Senate also took the following action: Act: By 70 yeas to 22 nays (Vote No. 400), Senate By 79 yeas to 13 nays (Vote No. 398), three-fifths passed S. 294, to reauthorize Amtrak, and after tak- of those Senators duly chosen and sworn, having ing action on the following amendments proposed voted in the affirmative, Senate agreed to the motion thereto: Pages S13536–67 to close further debate on the bill. Page S13541 Adopted: Bond (for DeMint) Modified Amendment No. Condolences Regarding Tragic Fire In Ocean 3469, to clarify the level of detail to be included in Isle Beach, North Carolina: Senate agreed to S. Res. the modern financial accounting and reporting sys- 360, offering condolences regarding the tragic fire in Ocean Isle Beach, North Carolina, which killed 6 tem required under section 203. Page S13548 University of South Carolina students and 1 student Lautenberg (for Vitter) Amendment No. 3486, to from Clemson University on October 28, 2007. require the rail cooperative research program to in- Page S13587 clude research designed to review rail crossing safety improvements, including improvements using new Essential Air Service Subsidies Extension: Senate safety technology. Page S13548 passed S. 2265, to extend the existing provisions re- Lautenberg (for Schumer) Modified Amendment garding the eligibility for essential air service sub- No. 3489, to authorize a passenger rail study. sidies through fiscal year 2008. Page S13587 Page S13548 The Andrew Larochelle God, Family, and Coun- Rejected: try Act: Senate passed S. 2198, to require the Archi- By 24 yeas to 67 nays (Vote No. 397), Coburn tect of the Capitol to permit the acknowledgment of Amendment No. 3474, to require Amtrak to regu- God on flag certificates. Page S13587 larly report to Congress on the profits or losses relat- Appointments: ing to the provision of food and beverage service and United States Commission on Civil Rights: The to limit such service on Amtrak rail lines that incur Chair, on behalf of the President pro tempore and losses. Pages S13537–41 upon the recommendation of the Republican Leader, By 27 yeas to 65 nays (Vote No. 399), Bond (for pursuant to Section 2 (b) of Public Law 98–183, as DeMint) Amendment No. 3467, to require Amtrak amended by Public Law 103–419, appointed Gail D1441

VerDate Aug 31 2005 02:57 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D30OC7.REC D30OCPT1 bajohnson on PROD1PC71 with DIGEST D1442 CONGRESSIONAL RECORD — DAILY DIGEST October 30, 2007 Heriot, of California, to the United States Commis- tiveness of consumer product recall programs, with sion on Civil Rights, for a term of six years. an amendment in the nature of a substitute; Page S13587 S. 2096, to amend the Do-Not-Call Implementa- State Children’s Health Insurance Program— tion Act to eliminate the automatic removal of tele- Agreement: A unanimous-consent agreement was phone numbers registered on the Federal ‘‘do-not- reached providing that at 1 p.m. on Wednesday, Oc- call’’ registry, with an amendment in the nature of tober 31, 2007, Senate resume consideration of the a substitute; motion to proceed to consideration of the H.R. S. 1580, to reauthorize the Coral Reef Conserva- 3963, to amend title XXI of the Social Security Act tion Act of 2000, with amendments; to extend and improve the Children’s Health Insur- S. 1853, to promote competition, to preserve the ance Program; and that the vote on the motion to ability of local governments to provide broadband invoke on the motion to proceed to its consideration capability and services, with amendments; not occur prior to 6:30 p.m., on Wednesday, Octo- S. 1675, to implement the recommendations of ber 31, 2007, or at a time to be determined by the the Federal Communications Commission report to two Leaders on Wednesday. Page S13588 the Congress regarding low-power FM service, with Messages from the House: Page S13577 amendments; Measures Referred: Page S13577 H. Con. Res. 225, honoring the 50th anniversary Measures Read the First Time: of the dawn of the Space Age, and the ensuing 50 Pages S13577, S13588 years of productive and peaceful space activities; and The nominations of Todd J. Zinser, of Virginia, Enrolled Bills Presented: Page S13577 to be Inspector General, Department of Commerce, Executive Reports of Committees: Page S13579 Robert Clarke Brown, of Ohio, to be a Member of Additional Cosponsors: Pages S13580–81 the Board of Directors of the Metropolitan Wash- ington Airports Authority, and promotion lists in Statements on Introduced Bills/Resolutions: the United States Coast Guard, and the National Pages S13581–86 Oceanic and Atmospheric Administration. Additional Statements: Pages S13575–77 Amendments Submitted: Page S13586 NOMINATIONS Notices of Hearings/Meetings: Pages S13586–87 Committee on Foreign Relations: Committee concluded a hearing to examine the nominations of Daniel D. Authorities for Committees to Meet: Page S13587 Heath, of New Hampshire, to be United States Al- Record Votes: Four record votes were taken today. ternate Executive Director of the International Mon- (Total—400) Pages S13540–41, S13548, S13551 etary Fund, Sean R. Mulvaney, of Illinois, to be an Adjournment: Senate convened at 10 a.m. and ad- Assistant Administrator of the United States Agency journed at 7:16 p.m., until 12 noon on Wednesday, for International Development, and Patrick Francis October 31, 2007. (For Senate’s program, see the re- Kennedy, of Illinois, to be an Under Secretary of marks of the Acting Majority Leader in today’s State (Management), after the nominees testified and Record on page S13588.) answered questions in their own behalf. Committee Meetings ISLAMIST EXTREMISM Committee on Homeland Security and Governmental Af- (Committees not listed did not meet) fairs: Committee concluded a hearing to examine the BUSINESS MEETING role of local law enforcement in countering violent Committee on Armed Services: Committee ordered favor- Islamist extremism, focusing on the radicalization ably reported 33 nominations in the Army, Navy, process, after receiving testimony from Lawrence H. Air Force, and Marine Corps. Sanchez, and Mitchell D. Silber, both of the New York City Police Department, New York, New BUSINESS MEETING York; Michael P. Downing, Los Angeles Police De- Committee on Commerce, Science, and Transportation: partment Counter-Terrorism/Criminal Intelligence Committee ordered favorably reported the following: Bureau, Los Angeles, California; Michael R. S. 2045, to reform the Consumer Product Safety Ronczkowski, Miami-Dade Police Department Commission to provide greater protection for chil- Homeland Security Bureau, Miami, Florida; and dren’s products, to improve the screening of non- Thomas Dailey, Kansas City Police Department compliant consumer products, to improve the effec- Homeland Security Division, Kansas City, Missouri.

VerDate Aug 31 2005 02:57 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D30OC7.REC D30OCPT1 bajohnson on PROD1PC71 with DIGEST October 30, 2007 CONGRESSIONAL RECORD — DAILY DIGEST D1443 PROTECTING THE U.S. FROM DRUG- Health and Mental Hygiene, New York, New York; RESISTANT TUBERCULOSIS Jerald C. Sadoff, Aeras Global TB Vaccine Founda- Committee on Health, Education, Labor, and Pensions: tion, Rockville, Maryland; and Randall Reves, Uni- Committee concluded a hearing to examine ways to versity of Colorado Health Sciences Center Depart- ment of Preventative Medicine and Biometrics, Den- protect the United States from the rising threat of ver, on behalf of the National Tuberculosis Control- drug-resistant tuberculosis, focusing on reinvesting ler’s Association (NTCA), and sundry organizations. in control and new tools research, after receiving testimony from Kenneth G. Castro, Assistant Surgeon INTELLIGENCE General, and Director, Division of Tuberculosis Select Committee on Intelligence: Committee held closed Elimination, Centers for Disease Control and Preven- hearings on intelligence matters, receiving testimony tion, Department of Health and Human Services; from officials of the intelligence community. Thomas R. Frieden, New York City Department of Committee recessed subject to the call. h House of Representatives Pendley, William Rhea, Allison Walden, and Emily Chamber Action Yelton who lost their lives in a house fire on Sun- Public Bills and Resolutions Introduced: 21 pub- day, October 28, 2007. Page H12159 lic bills, H.R. 3992–4012; 1 private bill, H.R. 4013; and 7 resolutions, H. Res. 777–779, Suspension: The House agreed to suspend the rules and pass the following measure: 782–785, were introduced. Pages H12236–38 Internet Tax Freedom Act Amendments Act of Additional Cosponsors: Pages H12238–39 2007: Concur in Senate amendment to H.R. 3678, Reports Filed: Reports were filed today as follows: amended, to amend the Internet Tax Freedom Act to H.R. 2787, to amend the National Manufactured extend the moratorium on certain taxes relating to Housing Construction and Safety Standards Act of the Internet and to electronic commerce, by a 2⁄3 1974 to require that weather radios be installed in yea-and-nay vote of 402 yeas with none voting all manufactured homes manufactured or sold in the ‘‘nay’’, Roll No. 1014—clearing the measure for the United States, with an amendment (H. Rept. President. Pages H12160–64, H12168–69 110–415); H.R. 2830, to authorize appropriations for the Suspension—Proceedings Resumed: The House Coast Guard for fiscal year 2008, with an amend- agreed to suspend the rules and pass the following ment (H. Rept. 110–338, Pt. 3); measure which was debated on Monday, October H. Res. 780, providing for consideration of the 29th: bill (H.R. 2262) to modify the requirements applica- Expressing support for designation of the month ble to locatable minerals on public domain lands, of October 2007 as ‘‘Country Music Month’’ and to consistent with the principles of self-initiation of honor country music for its long history of sup- mining claims (H. Rept. 110–416); and porting America’s armed forces and its tremendous H. Res. 781, providing for consideration of the impact on national patriotism: H.J. Res. 58, to ex- bill (H.R. 3920) to amend the Trade Act of 1974 press support for designation of the month of Octo- to reauthorize trade adjustment assistance and to ex- ber 2007 as ‘‘Country Music Month’’ and to honor tend trade adjustment assistance to service workers country music for its long history of supporting and firms (H. Rept. 110–417). Page H12236 America’s armed forces and its tremendous impact Speaker: Read a letter from the Speaker wherein she on national patriotism, by a 2⁄3 yea-and-nay vote of appointed Representative Sires to act as Speaker Pro 398 yeas with none voting ‘‘nay’’, Roll No. 1015. Tempore for today. Page H12157 Page H12169 Recess: The House recessed at 9:03 a.m. and recon- Small Business Contracting Program Improve- vened at 10 a.m. Page H12157 ments Act: The House passed H.R. 3867, to update Moment of Silence: The House observed a moment and expand the procurement programs of the Small of silence in honor of South Carolina students Justin Business Administration, by a recorded vote of 334 Anderson, Travis Cale, Lauren Mahon, Cassidy ayes to 80 noes, Roll No. 1017. Pages H12170–89

VerDate Aug 31 2005 02:57 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D30OC7.REC D30OCPT1 bajohnson on PROD1PC71 with DIGEST D1444 CONGRESSIONAL RECORD — DAILY DIGEST October 30, 2007 Rejected the Chabot motion to recommit the bill Small Business Act and to consider whether the list to the Committee on Small Business with instruc- should be updated to include additional groups; tions to report the same back to the House forthwith Pages H12183–84 with an amendment, by a yea-and-nay vote of 177 Brown-Waite (FL) amendment (No. 8 printed in yeas to 240 nays, Roll No. 1016. Pages H12186–88 H. Rept. 110–407) that creates a liaison within the Accepted: Small Business Administration whose duty, in con- Vela´zquez amendment (No. 1 printed in H. Rept. sultation with the Assistant Secretary of the Depart- 110–407) that establishes that those veterans who ment of Homeland Security for U.S. Immigration are severely disabled shall be given special consider- and Customs Enforcement, is to ensure that section ation as agencies implement contracting regulations; 2(i) of the Small Business Act, regarding assistance sets forth certain standards for business integrity that to individuals not lawfully within the United States, are required for participation in federal contracting is carried out; Page H12184 programs; and clarifies the implementation of the Gillibrand amendment (No. 9 printed in H. Rept. women’s procurement program; Pages H12178–79 110–407) that provides that any employer found, Akin amendment (No. 2 printed in H. Rept. based on a determination by the Department of 110–407) that requires that the Administrator of the Homeland Security or the Attorney General, to have Small Business Administration (SBA) conduct a engaged in a pattern or practice of hiring, recruiting study to determine what changes would be required or referring for a fee, for employment in the United to provide greater Federal contracting assistance to States, an alien knowing the person is an unauthor- participants in the program created by section 8(a) ized alien shall be subject to debarment from the re- of the Small Business Act that have less equity in ceipt of future Federal contracts; and Pages H12184–85 their business concerns than other participants in the Lampson amendment (No. 10 printed in H. Rept. program. The study would be reported no later than 110–407) that prohibits the use of any funds for six months after the date of enactment of this Act first-class or business-class airline travel by agency and the Administrator would report the details of employees when carrying out the provisions of H.R. the study to the Senate Small Business Committee 3867 and includes exceptions provided by the Code and the House Small Business Committee; of Federal Regulations 301–10.122 to 10.124, as ap- Pages H12179–80 plicable to federal agency employees. Pages H12185–86 Welch (VT) amendment (No. 3 printed in H. Withdrawn: Rept. 110–407) that requires the Administrator of Mica amendment (No. 4 printed in H. Rept. the Small Business Administration to carry out a 110–407) that was offered and subsequently with- study on the effectiveness of the HUBZone program drawn that would have clarified that the small busi- in reaching rural areas; Pages H12180–81 ness set-aside provisions of the Small Business Act Mica amendment (No. 5 printed in H. Rept. (15 U.S.C. 644) should apply to federal contracts not 110–407) that states that it is the sense of the excluding Federal Supply Schedule and Multiple House that small business set-asides should not be Award Schedule holders. Page H12181 excluded from any acquisitions under the GSA’s Fed- Agreed that the Clerk be authorized to make eral Supply Schedule; Pages H12181–82 technical and conforming changes to reflect the ac- Moran (VA) amendment (No. 6 printed in H. tions of the House. Page H12189 Rept. 110–407) that requires the Administrator of H. Res. 773, the rule providing for consideration the Small Business Administration to conduct a of the bill, was agreed to by voice vote after agreeing study to determine, with respect to small business to order the previous question by a yea-and-nay vote contracts, whether incumbent Federal contractors are of 216 yeas to 180 nays, Roll No. 1013. submitting frivolous protests to extend the length of Pages H12164–68 current contracts before protest decisions are re- Suspensions: The House agreed to suspend the rules solved. The Administrator also would develop rec- and pass the following measures: ommendations to discourage frivolous protests; Pages H12182–83 CJ’s Home Protection Act of 2007: H.R. 2787, Baird amendment (No. 7 printed in H. Rept. amended, to amend the National Manufactured 110–407) that directs the Administrator of the Housing Construction and Safety Standards Act of Small Business Administration to examine the lists 1974 to require that weather radios be installed in of groups the members of which are presumed to be all manufactured homes manufactured or sold in the socially disadvantaged under the Small Disadvan- United States; Pages H12189–91 taged Business program under section 8(a) of the

VerDate Aug 31 2005 02:57 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D30OC7.REC D30OCPT1 bajohnson on PROD1PC71 with DIGEST October 30, 2007 CONGRESSIONAL RECORD — DAILY DIGEST D1445 Procedural Fairness for September 11 Victims Senate Message: Message received from the Senate Act of 2007: S. 2106, to provide nationwide sub- today appears on page H12168. poena authority for actions brought under the Sep- Senate Referrals: S. 2258 was held at the desk. tember 11 Victim Compensation Fund of 2001— Page H12168 clearing the measure for the President; Pages H12191–93 Quorum Calls—Votes: Seven yea-and-nay votes and one recorded vote developed during the proceedings Temporarily extending the programs under the of today and appear on pages H12167–68, Higher Education Act of 1965 and amending the H12168–69, H12169, H12187–88, H12188, definition of eligible not-for-profit holder: S. 2258, H12206, H12206–07 and H12207–08. There were to temporarily extend the programs under the High- no quorum calls. er Education Act of 1965 and to amend the definition of eligible not-for-profit holder—clearing the Adjournment: The House met at 9 a.m. and ad- measure for the President; Pages H12193–95 journed at 9:14 p.m. Making permanent the authority of the United States Postal Service to issue a special postage Committee Meetings stamp to support breast cancer research: H.R. MEAT INDUSTRY TECHNOLOGY 1236, amended, to make permanent the authority of Committee on Agriculture: Held a hearing to review the United States Postal Service to issue a special technologies in the meat industry. Testimony was postage stamp to support breast cancer research; heard from Alfred V. Almanza, Administrator, Food Pages H12195–96 Safety Inspection Service, USDA; and public wit- Agreed to amend the title so as to read: ‘‘To nesses. amend title 39, United States Code, to extend the authority of the United States Postal Service to issue IRAQ EXAMINATION OF DIPLOMATIC a semipostal to raise funds for breast cancer re- SURGE search.’’. Page H12196 Committee on Appropriations: Subcommittee on State, Dennis P. Collins Post Office Building Des- Foreign Operations, and Related Agencies held a ignation Act: H.R. 3307, to designate the facility of hearing on Assessing an Effective Diplomatic and the United States Postal Service located at 570 Development Program in Iraq: An Examination of Broadway in Bayonne, New Jersey, as the ‘‘Dennis the Diplomatic Surge. Testimony was heard from Stuart Bowen, Jr., Special Inspector General for Iraq P. Collins Post Office Building’’, by a 2⁄3 yea-and- nay vote of 414 yeas with none voting ‘‘nay’’, Roll Reconstruction; and Joseph A. Christoff, Director, International Affairs and Trade, GAO. No. 1018; Pages H12196–97, H12206 Michael W. Schragg Post Office Building Des- STABILIZATION AND RECONSTRUCTION ignation Act: H.R. 3446, to designate the facility of OPERATIONS the United States Postal Service located at 202 East Committee on Armed Services: Subcommittee on Over- Michigan Avenue in Marshall, Michigan, as the ‘‘Mi- sight and Investigations held a hearing on Stabiliza- chael W. Schragg Post Office Building’’, by a 2⁄3 tion and Reconstruction Operations: Learning from yea-and-nay vote of 415 yeas with none voting Provincial Reconstruction Team (PRT) Experience. ‘‘nay’’, Roll No. 1019; Pages H12197–98, H12206–07 Testimony was heard from Celeste Ward, Deputy Honoring the first responders and supporting Assistant Secretary, Stability Operations Capabilities, the victims of the Southern California wildfires: Department of Defense; Ambassador John E. Herbst, H. Res. 778, to honor the first responders and sup- Coordinator, Office of Reconstruction and Stabiliza- port the victims of the Southern California wildfires, tion, Department of State; and the following officials of the GAO: Joseph A. Christoff, Director, Inter- by a 2⁄3 yea-and-nay vote of 409 yeas with none voting ‘‘nay’’, Roll No. 1020; and Pages H12198–H12203 national Affairs and Trade Team; and Janet S. Laurent, Director, Defense Capabilities and Manage- Recognizing the 40th Anniversary of the Mass ment Team. Movement for Soviet Jewish Freedom and the 20th Anniversary of the Freedom Sunday Rally for So- MISCELLANEOUS MEASURES viet Jewry on the Mall in Washington, D.C.: H. Committee on Energy and Commerce: Ordered reported Res. 759, to recognize the 40th Anniversary of the as amended, the following bills: H.R. 1534, Mercury Mass Movement for Soviet Jewish Freedom and the Export Ban Act of 2007; H.R. 3461, Safeguarding 20th Anniversary of the Freedom Sunday Rally for America’s Families by Enhancing and Reorganizing Soviet Jewry on the Mall in Washington, D.C. New and Efficient Technologies Act of 2007; H.R. Pages H12203–06 2601, To extending the authority of the Federal

VerDate Aug 31 2005 02:57 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D30OC7.REC D30OCPT1 bajohnson on PROD1PC71 with DIGEST D1446 CONGRESSIONAL RECORD — DAILY DIGEST October 30, 2007 Trade Commission to collect fees to administer and SAFE PORT ACT enforce the provisions relating to the ‘‘Do-not-call’’ Committee on Homeland Security: Subcommittee on registry of the Telemarketing Sales Rule; H.R. 3541, Border, Maritime and Global Counterterrorism held Do-Not-Call Improvement Act of 2007; H.R. 3526, a hearing entitled ‘‘The SAFE Port Act: Status of To include all banking agencies within the existing Implementation One Year Later.’’ Testimony was regulatory authority under the Federal Trade Com- heard from the following officials of the Department mission Act with respect to depository institutions; of Homeland Security: Maurine Fanguy, Program H.R. 3403, 911 Modernization and Safety Act of Director, Transportation Worker Identification Cre- 2007; and H.R. 3919, Broadband Census of America dentials Program, Transportation Security Adminis- Act of 2007. tration; CAPT Francis Sturm, U.S. Coast Guard; Thomas Winkowski, Assistant Commissioner, Office INSURANCE REGULATORY REFORM of Field Operations, Customs and Border Protection; Committee on Financial Services: Subcommittee on Cap- and Vayl Oxford, Director, Domestic Nuclear Detec- ital Markets, Insurance and Government Sponsored tion Office; Stephen L. Caldwell, Director, Home- Enterprises held a hearing entitled ‘‘Additional Per- land Security and Justice Issues, GAO; and public spectives on the Need for Insurance Regulatory Re- witnesses. form.’’ Testimony was heard from public witnesses. MORTGAGE MESS—STRAIGHTENING OUT MINORITY BANKS Committee on the Judiciary: Subcommittee on Com- mercial and Administrative Law continued hearings Committee on Financial Services: Subcommittee on on Straightening Out the Mortgage Mess: How Can Oversight and Investigations, hearing entitled ‘‘ Pre- We Protect Home Ownership and Provide Relief to serving and Expanding Minority Banks.’’ Testimony Consumers in Financial Distress?—Part II. Testi- was heard from George Scott, Director, Education, mony was heard from public witnesses. Workforce and Income Security Issues, GAO; Sandra L. Thompson, Director, Division of Supervision Con- OVERSIGHT—VOTING CIVIL RIGHTS sumer Protection, FDIC; the following officials of Committee on the Judiciary: Subcommittee on the Con- the Department of the Treasury: Montrice Yakimov, stitution, Civil Rights and Civil Liberties held an Managing Director, Compliance and Consumer Pro- oversight hearing on the Voting Section of the Civil tection, Office of Thrift Supervision; and John Rights Division of the U.S. Department of Justice. Walsh, Chief of Staff and Public Affairs, Office of Testimony was heard John K. Tanner, Chief, Voting Comptroller of the Currency; Sandra F. Braunstein, Right Section, Civil Rights Division, Department of Director, Division of Consumer and Community Af- Justice; and public witnesses. fairs, Board of Governors, Federal Reserve System; GENETIC TESTING and public witnesses. Committee on the Judiciary: Subcommittee on Courts, RUSSIAN ELECTIONS the Internet, and Intellectual Property, hearing on Committee on Foreign Affairs: Held a hearing on Rus- Stifling or Stimulating—Role of Gene Patents in sia on the Eve of National Elections. Testimony was Research and Genetic Testing. Testimony was heard heard from Strobe Talbott, former Deputy Secretary from public witnesses. of State; and a public witness. MISCELLANEOUS MEASURES Committee on Natural Resources: Subcommittee on Na- GLOBAL ENVIRONMENT AND RENEWAL tional Parks, Forest and Public Lands held a hearing ENERGY on the following bills: H.R. 415, To amend the Committee on Foreign Affairs: Subcommittee on Asia, Wild and Scenic Rivers Act to designate segments the Pacific and the Global Environment held a hear- of the Taunton River in the Commonwealth of Mas- ing on Renewable Energy and the Global Environ- sachusetts as a component of the National Wild and ment. Testimony was heard from Reno Harnish III, Scenic Rivers System; H.R. 1143, To authorize the Principal Deputy Assistant Secretary, Bureau of Secretary of the Interior to lease certain lands in Vir- Oceans and International Environmental and Sci- gin Islands National Park; H.R. 1286, Washington- entific Affairs, Department of State; John Mizroch, Rochambeau Revolutionary Route National Historic Principal Deputy Assistant Secretary, Office of En- Trail Designation Act; H.R. 1545, To direct the ergy Efficiency and Renewable Energy, Department Secretary of the Interior to conduct a boundary study of Energy; John A. Simon, Executive Vice President, to evaluate the significance of Fort San Geronimo OPIC; Michael W. Yost, Administrator, Foreign Ag- and other related resources in the Commonwealth of riculture Service, USDA; and public witnesses. Puerto Rico and the suitability and feasibility of

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their inclusion in the National Park System as part ments made in order may be offered only in the of the San Juan National Historic Site; H.R. 1836, order printed in the Rules Committee report, may Weir Farm National Historic Site Amendment Act; be offered only by a Member designated in the re- H.R. 3022, Sequoia-Kings Canyon National Park port, shall be considered as read, shall be debatable Wilderness Act of 2007; H.R. 3120, Stranahan for the time specified in the report equally divided House, Trading Post and Campsite Historic Preser- and controlled by the proponent and an opponent, vation Act; H.R. 3265, Harry S Truman Birthplace shall not be subject to amendment, and shall not be Study Act; H.R. 3473, Bountiful City Land Consoli- subject to a demand for a division of the question dation Act; H.R. 3616, Lewis and Clark National in the House or in the Committee of the Whole. All Historic Trail Extension Study Act of 2007; and points of order against the amendments except for H.R. 3821, Battle of Matewan Study Act. Testi- clauses 9 and 10 of rule XXI are waived. The rule mony was heard from Representatives Skelton, Frank provides one motion to recommit with or without of Massachusetts, Shays, and Emerson; Karen Taylor- instructions. The rule provides that, notwithstanding Goodrich, Associate Director, Visitor and Resources Protection, National Park Service, Department of the the operation of the previous question, the Chair Interior; Joel Holtrop, Deputy Chief, National Forest may postpone further consideration of the bill to a System, Forest Service, USDA; and public witnesses. time designated by the Speaker. Testimony was heard from Chairman Rahall and Representatives POSTAL RATES’ EFFECT ON BUSINESS Herseth Sandlin, Pearce, and Heller. Committee on Oversight and Government Reform: Sub- committee on Federal Workforce, Postal Service and TRADE AND GLOBALIZATION ACT OF 2007 the District of Columbia held a hearing on Will In- Committee on Rules: Committee granted, by a voice creased Postal Rates Put Mailers Out of Business? vote, a structured rule providing 1 hour of debate on Testimony was heard from the following officials of H.R. 3920, Trade and Globalization Assistance Act the U.S. Postal Service: James C. Miller III, Chair- of 2007, with 40 minutes equally divided and con- man; and John Potter, Postmaster General; Dan G. trolled by the chairman and ranking minority mem- Blair, Chairman, Postal Regulatory Commission; and public witnesses. ber of the Committee on Ways and Means and 20 minutes equally divided and controlled by the chair- IRANIAN PEOPLE’S ATTITUDES man and ranking minority member of the Com- Committee on Oversight and Government Reform: Sub- mittee on Education and Labor. committee on National Security, and Foreign Affairs The rule waives all points of order against consid- held a hearing on Iran: Reality, Options, and Con- eration of the bill except those arising under clause sequences—Iranian People and Attitudes. Testimony 9 or 10 of rule XXI. The rule provides that the was heard from Kenneth Katzman, Specialist in amendment in the nature of a substitute rec- Middle Eastern Affairs, Foreign Affairs, Defense, and ommended by the Committee on Ways and Means, Trade Division, CRS, Library of Congress; and pub- modified by the amendment printed in part A of the lic witnesses. Rules Committee report, shall be considered as HARDROCK RECLAMATION ACT OF 2007 adopted and the bill, as amended, shall be consid- Committee on Rules: Committee granted, by a voice ered as read. The rule waives all points of order vote, a structured rule providing 1 hour of debate on against provisions in the bill, as amended. H.R. 2262, Hardrock Mining and Reclamation Act The rule makes in order the substitute amend- of 2007, equally divided and controlled by the chair- ment printed in part B of the report if offered by man and ranking minority member of the Com- Rep. Jim McCrery (R–LA) or his designee. The rule mittee on Natural Resources. The rule waives all provides that the substitute amendment shall be points of order against consideration of the bill ex- considered as read and debatable for 1 hour equally cept clauses 9 and 10 of rule XXI. The rule provides divided and controlled by the proponent and an op- that the amendment in the nature of a substitute ponent. The rule waives all points of order against recommended by the Committee on Natural Re- the substitute amendment except those arising under sources now printed in the bill shall be considered clause 9 or 10 of rule XXI. The rule provides one as an original bill for the purpose of amendment and motion to recommit with or without instructions. shall be considered as read. All points of order Finally, the rule permits the Chair, during consider- against the committee amendment in the nature of ation of the bill, to postpone further consideration of a substitute are waived except clause 10 of rule XXI. it to a time designated by the Speaker. Testimony The rule makes in order only those amendments was heard from Representatives McDermott, Wool- printed in the Rules Committee report. The amend- sey, McCrery, and McKeon.

VerDate Aug 31 2005 02:57 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D30OC7.REC D30OCPT1 bajohnson on PROD1PC71 with DIGEST D1448 CONGRESSIONAL RECORD — DAILY DIGEST October 30, 2007 WATER USAGE EFFICIENCY Dead Sea and welcoming cooperation between the peoples CONSERVATION TECHNOLOGIES of Israel, Jordan, and Palestine, united Nations Conven- tion on the Law of the Sea, with Annexes, done at Mon- Committee on Science and Technology; Subcommittee on tego Bay, December 10, 1982 (the ‘‘Convention’’), and Energy and Environment held a hearing on Research the Agreement Relating to the Implementation of Part to Improve Water-Use Efficiency and Conservation: XI of the United Nations Convention on the Law of the Technologies and Practices. Testimony was heard Sea of 10 December 1982, with Annex, adopted at New from public witnesses. York, July 28, 1994 (the ‘‘Agreement’’), and signed by MISCELLANEOUS MEASURES the United States, subject to ratification, on July 29, 1994 (Treaty Doc. 103–39), convention Between the Committee on Transportation and Infrastructure: Sub- Government of the United States of America and the committee on Economic Development, Public Build- Government of the Kingdom of Belgium for the Avoid- ings and Emergency Management approved for full ance of Double Taxation and the Prevention of Fiscal Committee action the following bills: H.R. 3495, Evasion with Respect to Taxes on Income and accom- Kids in Disasters Well-being, Safety, and Health panying Protocol, signed on November 27, 2006, at Act of 2007; H.R. 3986, John F. Kennedy Center Brussels (the ‘‘proposed Treaty’’) (Treaty Doc. 110–03), Reauthorization Act of 2007; H.R. 3315, To provide protocol Amending the Convention Between the Govern- that the great hall of the Capitol Visitor Center shall ment of the United States of America and the Govern- be known as Emancipation Hall; and H.R. 3712, ment of the Kingdom of Denmark for the Avoidance of amended, To designate the Federal building and Double Taxation and the Prevention of Fiscal Evasion United States courthouse located at 1716 Spielbusch with Respect to Taxes on Income signed at Copenhagen Avenue in Toledo, Ohio, as the ‘‘James M. and May 2, 2006 (the ‘‘Protocol’’) (Treaty Doc. 109–19), pro- Thomas W.L. Ashley Customs Building and United tocol Amending the Convention Between the Govern- States Courthouse. ment of the United States of America and the Govern- ment of the Republic of Finland for the Avoidance of RETIREMENT PLAN FEES Double Taxation and the Prevention of Fiscal Evasion Committee on Ways and Means: Held a hearing on the with Respect to Taxes on Income and on Capital, signed Appropriateness of Retirement Plan Fees. Testimony at Helsinki May 31, 2006 (the ‘‘Protocol’’) (Treaty Doc. was heard from Bradford P. Campbell, Assistant Sec- 109–18), protocol Amending the Convention Between retary, Employee Benefits Security Administration, the United States of America and the Federal Republic Department of Labor; W. Thomas Reeder, Benefits of Germany for the Avoidance of Double Taxation and Tax Counsel, Office of Tax Policy, Department of the Prevention of Fiscal Evasion with Respect to Taxes on the Treasury; Andrew J. Donohue, Director, Division Income and Capital and to Certain Other Taxes, Signed of Investment Management, SEC; Barbara D. on August 29, 1989, signed at Berlin June 1, 2006 (the Bovbjerg, Director, Education, Workforce, and In- ‘‘Protocol’’), along with a related Joint Declaration (Trea- come Security Issues, GAO; and public witnesses. ty Doc. 109–20), and the nominations of Patrick Francis Kennedy, of Illinois, to be an Under Secretary of State f (Management), Sean R. Mulvaney, of Illinois, to be an COMMITTEE MEETINGS FOR WEDNESDAY, Assistant Administrator of the United States Agency for OCTOBER 31, 2007 International Development, and Daniel D. Heath, of New Hampshire, to be United States Alternate Executive Di- (Committee meetings are open unless otherwise indicated) rector of the International Monetary Fund, 11 a.m., Senate SD–419. Committee on Homeland Security and Governmental Affairs: Committee on Banking, Housing, and Urban Affairs: Sub- committee on Securities, Insurance and Investment, to Ad Hoc Subcommittee on Disaster Recovery, to hold hold hearings to examine climate disclosure, focusing on hearings to examine post-catastrophe crisis, focusing on measuring financial risks and opportunities, 2:30 p.m., addressing the dramatic need and scant availability of SD–538. mental health care in the Gulf Coast, 2:30 p.m., SD–342. Committee on the Budget: to hold hearings to examine S. Committee on the Judiciary: to hold hearings to examine 2063, to establish a Bipartisan Task Force for Responsible Foreign Intelligence Surveillance Act (FISA) amendments, Fiscal Action, to assure the economic security of the focusing on ways to protect Americans’ security and pri- United States, and to expand future prosperity and vacy while preserving the rule of law and government ac- growth for all Americans, 9 a.m., SD–608. countability, 10 a.m., SD–226. Committee on Environment and Public Works: to hold hear- Committee on Veterans’ Affairs: to hold an oversight hearings to examine the licensing process for the Yucca ing to examine the Uniformed Services Employment and Mountain Repository, 10 a.m., SD–406. Reemployment Rights Act (USERRA), 9:30 a.m., Committee on Foreign Relations: business meeting to con- SD–562. sider S. Res. 334, expressing the sense of the Senate regarding the degradation of the Jordan River and the

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 12 noon, Wednesday, October 31 10 a.m., Wednesday, October 31

Senate Chamber House Chamber Program for Wednesday: After the transaction of any Program for Wednesday: Consideration of H.R. morning business (not to extend beyond 60 minutes), 2262—Hardrock Mining and Reclamation Act of 2007 Senate will resume consideration of the motion to proceed (Subject to a Rule). to consideration of H.R. 3963, Children’s Health Insur- ance Program Reauthorization Act.

Extensions of Remarks, as inserted in this issue

HOUSE Gordon, Bart, Tenn., E2281, E2282, E2282, E2283, E2283, Meeks, Gregory W., N.Y., E2283 E2284, E2284, E2285, E2285, E2285 Oberstar, James L., Minn., E2284 Berman, Howard L., Calif., E2279 Green, Gene, Tex., E2275 Pallone, Frank, Jr., N.J., E2276 Bordallo, Madeleine Z., Guam, E2279 Harman, Jane, Calif., E2276 Pence, Mike, Ind., E2273 Butterfield, G.K., N.C., E2278 Issa, Darrell E., Calif., E2272 Price, Tom, Ga., E2273 Capps, Lois, Calif., E2273 Johnson, Timothy V., Ill., E2280 Rangel, Charles B., N.Y., E2273, E2280 Kanjorski, Paul E., Pa., E2274 Reyes, Silvestre, Tex., E2272 Carnahan, Russ, Mo., E2274 Kildee, Dale E., Mich., E2271 Ross, Mike, Ark., E2282, E2283 Christensen, Donna M., The Virgin Islands, E2274 Kucinich, Dennis J., Ohio, E2274 Sestak, Joe, Pa., E2273 Clyburn, James E., S.C., E2273, E2278 Lamborn, Doug, Colo., E2271, E2272 Smith, Adrian, Nebr., E2271, E2272 Costello, Jerry F., Ill., E2278 Lampson, Nick, Tex., E2275 Thompson, Bennie G., Miss., E2273 Davis, Susan A., Calif., E2271 Lewis, Ron, Ky., E2280 Udall, Mark, Colo., E2275, E2276 English, Phil, Pa., E2280 Loebsack, David, Iowa, E2283 Walden, Greg, Ore., E2279 Feeney, Tom, Fla., E2275 Lofgren, Zoe, Calif., E2277 Wasserman Schultz, Debbie, Fla., E2278 Garrett, Scott, N.J., E2275 Markey, Edward J., Mass., E2275 Wolf, Frank R., Va., E2281

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