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, THURSDAY, FEBRUARY 15, 2007 No. 29 House of Representatives The House met at 10 a.m. lic for which it stands, one nation under God, AUTHORIZING THE CLERK TO IN- The Chaplain, the Reverend Daniel P. indivisible, with liberty and justice for all. FORM THE PRESIDENT OF THE Coughlin, offered the following prayer: ELECTION OF THE CLERK God, ever mindful of those who place f their trust in You, You bless our com- Mr. HOYER. Madam Speaker, I offer a privileged resolution (H. Res. 166) and ings and our goings, for You are ‘‘God SWEARING OF CLERK OF THE ask for its immediate consideration. with us’’ and guide every step of the HOUSE AND CHIEF ADMINISTRA- way. TIVE OFFICER The Clerk read the resolution, as fol- Today we ask Your blessing upon lows The SPEAKER. The Chair will now Lorraine Miller and Dan Beard as they H. RES. 166 enter this Chamber to be sworn in as swear in the new officers of the House, Officers of the House of Representa- Lorraine C. Miller as the Clerk of the Resolved, That the Clerk be instructed to tives. May they faithfully fulfill the House, and Daniel P. Beard as the Chief inform the President of the United States Administrative Officer. that the House of Representatives has elect- duties that are about to be laid upon ed Lorraine C. Miller, a citizen of the State them and serve this noble institution The officers presented themselves in of Texas, Clerk of the House of Representa- and its Members with diligence, pru- the well of the House and took the oath tives of the One Hundred Tenth Congress. dence and right judgment. May they be of office as follows: The resolution was agreed to. welcomed with sincerity and gratitude. Do you solemnly swear or affirm that A motion to reconsider was laid on Today, Lord, we also pray for the you will support and defend the Con- the table. Honorable Charlie Norwood, who will stitution of the United States against be carried from Your Church here on all enemies, foreign and domestic; that Earth and laid to rest. May the modest you will bear true faith and allegiance f smile on his face come to full expres- to the same; that you take this obliga- sion as he hears You say, ‘‘Well done, tion freely, without any mental res- COMMUNICATION FROM THE my good and faithful servant. Come, ervation or purpose of evasion; and CLERK OF THE HOUSE enter the joy of your Master.’’ that you will well and faithfully dis- The SPEAKER laid before the House Grant his family and friends the con- charge the duties of the office on which solation that comes from faith. May he the following communication from the you are about to enter, so help you Clerk of the House of Representatives. and all those who serve and love others God. and work in public service through The Clerk read as follows: The SPEAKER. Congratulations. Your mercy rest in peace. OFFICE OF THE CLERK, Amen. HOUSE OF REPRESENTATIVES, f f Washington, DC, February 15, 2007. Hon. NANCY PELOSI, THE JOURNAL INFORMING THE SENATE OF THE The Speaker, House of Representatives, The SPEAKER. The Chair has exam- ELECTION OF THE CLERK Washington, DC. ined the Journal of the last day’s pro- DEAR MADAM SPEAKER: Under Clause 2(g) ceedings and announces to the House Mr. HOYER. Madam Speaker, I offer of Rule II of the Rules of the U.S. House of her approval thereof. a privileged resolution (H. Res. 165) and Representatives, I herewith designate Ms. Pursuant to clause 1, rule I, the Jour- ask for its immediate consideration. Marjorie C. Kelaher, Deputy Clerk, and Mr. nal stands approved. The Clerk read the resolution, as fol- Jorge E. Sorensen, Deputy Clerk, to sign any and all papers and do all other acts for me f lows: under the name of the Clerk of the House PLEDGE OF ALLEGIANCE H. RES. 165 which they would be authorized to do by virtue of this designation, except such as are Resolved, That the Senate be informed that The SPEAKER. Will the gentle- provided by statute, in case of my temporary Lorraine C. Miller, a citizen of the State of woman from the Virgin Islands (Mrs. absence or disability. Texas, has been elected Clerk of the House of CHRISTENSEN) come forward and lead Representatives of the One Hundred Tenth This designation shall remain in effect for the House in the Pledge of Allegiance. Congress. the 110th Congress or until modified by me. Mrs. CHRISTENSEN led the Pledge With best wishes, I am, of Allegiance as follows: The resolution was agreed to. Sincerely, I pledge allegiance to the Flag of the A motion to reconsider was laid on LORRAINE C. MILLER, United States of America, and to the Repub- the table. Clerk of the House.

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 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE H1672 CONGRESSIONAL RECORD — HOUSE February 15, 2007 CONGRATULATING LORRAINE C. nerable situation. Since no help is com- wall, and he gets his BlackBerry out MILLER AND DANIEL P. BEARD ing to their aid, what shall our troops and he checks with the Congress, and ON THEIR ELECTION AS OFFI- now in Iraq do with less manpower? the Congress says, yeah, Davey Crock- CERS OF THE HOUSE Fight a containment war? Fight not to ett, we support you, but we’re not The SPEAKER. The Chair wishes to lose? Or win? Not fight? Retreat to the going to send anybody to help. I don’t congratulate Lorraine C. Miller on this hills? think you can have it both ways. historic occasion as she assumes the This resolution is good news to the When I was a legislator in the State duties of Clerk of the House, the first terrorists, bad news for the troops. We of Missouri, I kept track of some of time an African American has held a should find the moral will to finish our what I considered to be the silliest leg- position of leadership in terms of being mission in Iraq and protect American islation I had seen. One of them was an officer of the House. interests with whatever number of this lady who got so enthused about The resolutions are necessary for the troops is necessary. Duty requires volunteering, that she created a bill Office of Clerk, and so there is much such, and safety and honor demand it. called ‘‘Mandatory Volunteerism.’’ fanfare associated with that. The And that’s just the way it is. That was odd. And here we go, we are House is equally as pleased to have the f saying support, but don’t support. This is curious, and it undermines people services of Daniel P. Beard as our Chief GENERALS AGREE THAT PRESI- like my son, who has served in Administrative Officer of the House. DENT’S TROOP ESCALATION Fallujah. Congratulations to Dan Beard. PLAN IS NOT BEST WAY AHEAD f f (Ms. SHEA-PORTER asked and was ANNOUNCEMENT BY THE SPEAKER given permission to address the House CONGRESS MUST SEND THE for 1 minute.) PRESIDENT A MESSAGE THAT The SPEAKER. The Chair will enter- Ms. SHEA-PORTER. Mr. Speaker, as THE DAYS OF A RUBBERSTAMP tain up to ten 1-minutes on each side. we continue today to debate a resolu- CONGRESS ARE OVER f tion on the floor voicing this Congress’ (Ms. LEE asked and was given per- AMERICA IS GOING IN THE RIGHT opposition to the President’s plan to mission to address the House for 1 DIRECTION send 21,500 more troops to Iraq, I think minute.) it is important that we stress that Con- Ms. LEE. Mr. Speaker, for 4 years, (Mr. COHEN asked and was given per- gress is not alone in opposing the mission to address the House for 1 President Bush has been able to run President’s escalation. the war in Iraq any way he wanted to, minute.) First of all, it is critical that we re- Mr. COHEN. Madam Speaker, I had a without any questions or proper over- member that the people of Iraq do not sight from Congress. That changed 1-minute prepared to talk about the de- wish us to be in their country. They bate on Iraq, but I think what is more with the November elections when the wish to sort this out themselves, and American people said they wanted a appropriate at this time is to talk we need to honor that. But retired and about what this House of Representa- check on the President’s power. current military leaders in our country This week, the House is checking tives has experienced since January 4. have also expressed their opposition to The doors of this House of Represent- that power, debating a simple resolu- this plan. tion that sends the President the mes- atives, indeed this country, have been Retired General Barry McCaffrey de- opened to thought, perspectives and sage that this House does not agree scribed the President’s plan as a ‘‘fool’s with his plan to send more troops to issues that have been stifled for the errand.’’ Retired General Wesley Clark last 12 years. I want to thank the Iraq. said, ‘‘Without such fundamental I hope this debate serves as a wake- Speaker for her leadership, for the change in Washington’s approach, leadership of the Democratic Party, up call to the President, and that the there is little hope that the troop status quo in Iraq is not acceptable to and the chairman and what they surge, Iraqi promises, and accom- brought forward. The first woman ever this new Congress. And this new plan is panying rhetoric will amount to any- not a change in direction, but it is an elected Speaker in this country’s his- thing other than stay the course tory, the first African American to be escalation of his same failed and dan- more.’’ And this from Lieutenant Gen- gerous policy. elected Clerk. History is being made eral Raymond Odierno, the commander with the issues coming forth from mid- The President has already heard from of the Multinational Corps in Iraq: the bipartisan Iraq Study Group and dle America for people who are in need, ‘‘It’s clear that you cannot solve this for the future of this planet. from his own generals that a military problem militarily. You have to have solution is no longer possible, and yet I want to thank the Speaker. Amer- the combination of military, economic ica is going in the right direction. that is exactly what he has proposed. and diplomatic things that we need to Mr. Speaker, this week, Democrats f do.’ and Republicans will send the Presi- THE RESOLUTION OF RETREAT f dent a strong message that we must change course in Iraq, and it is really (Mr. POE asked and was given per- IRAQ WAR RESOLUTION time for the President to listen. mission to address the House for 1 (Mr. AKIN asked and was given per- minute.) mission to address the House for 1 f Mr. POE. Mr. Speaker, the band con- minute.) b 1015 tinues to play today while Congress ar- Mr. AKIN. Mr. Speaker, I rise to dis- gues the ‘‘Resolution of Retreat’’ from cuss the resolution that is before the IRAQ RESOLUTION Iraq. House. It is a resolution in two parts. (Mr. WALBERG asked and was given This illness of defeatism is spreading. The first part says we support the permission to address the House for 1 Self-proclaimed military experts are troops. The second part says we are not minute.) saying the war cannot be won, even going to reinforce the troops. That is Mr. WALBERG. Mr. Speaker, I rise with more troops. Wars have always kind of curious in a way, I suppose, today to honor America’s brave men had homegrown critics and doom- isn’t it? That we would support them and women currently serving in the sayers, even in the military. Those in with up-armored Humvees, with body name of freedom and to oppose this res- and out of the military who say we armor, with tanks, but oh, no, we are olution of retreat. cannot win should never be placed in a not going to allow other troops to help As Abraham Lincoln said famously in position to allow us to lose. Those crit- the troops that we have there. It seems his second inaugural address: ‘‘Fer- ics are thorns in the battlefield of like you can’t have it both ways. It is vently do we pray that this mighty hope. self-contradictory. scourge of war may speedily pass This resolution, this policy of ‘‘No You picture Davey Crockett at the away.’’ As Americans we are reluctant More Troops for the Troops’’ leaves our Alamo, and he is there and Santa warriors, but throughout our rich his- volunteers in Iraq in a precarious, vul- Anna’s army has got him back to the tory, whenever our troops have been in

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE February 15, 2007 CONGRESSIONAL RECORD — HOUSE H1673 harm’s way America has supported the IRAQ RESOLUTION PROGRESS IN IRAQ men and women in uniform and made (Ms. FOXX asked and was given per- (Mrs. DRAKE asked and was given certain our troops have the necessary mission to address the House for 1 permission to address the House for 1 resources to accomplish their mission. minute.) minute and to revise and extend her re- Without a doubt, mistakes have been Ms. FOXX. Mr. Speaker, I am ap- marks.) made, and these mistakes are impor- palled by what is happening in this Mrs. DRAKE. Mr. Speaker, this is a tant to acknowledge, but we must go Chamber this week. We are taking full historic week in Iraq. They have passed forward with a new strategy in Iraq advantage of the freedoms that we a new budget for 2007, an overwhelming based on quantifiable goals and meas- have while good men and women are majority of the Iraq Council of Rep- urable results. We must not retreat. At dying to protect us, and we are under- resentatives voted in favor of the $41.1 this critical time, the American people mining their efforts. billion budget that will aid Iraq with long for true leadership and resolve. The other side has done some very I urge my colleagues to put aside po- rebuilding, security, and move them awful things for political gain in this forward to be more self-sufficient. litical posturing and partisanship and session. But this event is the pit of hy- ensure our troops have the resources We should celebrate this achieve- pocrisy, not the height of hypocrisy. and support needed to complete this ment as evidence that we are making History has shown that involvement mission. Victory is the only option. progress in Iraq, and we should allow and sending all of the resources nec- the new strategy a chance to work. The f essary was essential to winning World 2007 Iraq budget represents a 21 percent BUSH LAYS GROUNDWORK FOR War II. And we did, in fact, preserve increase over the 2006 budget. Over $10 ATTACK ON IRAN freedom and democracy. billion will be dedicated to reconstruc- (Mr. KUCINICH asked and was given Many Americans were against World tion efforts and capital investment permission to address the House for 1 War II, calling for isolationism and projects this year, and over $7 billion minute and to revise and extend his re- pacifism, hoping that Hitler would stay will be used to provide security to pro- marks.) true to his word regardless of the ex- tect Iraq from insurgents that continue Mr. KUCINICH. Mr. Speaker, rather tensive military buildup. The United to work against the cause of freedom. than announce a diplomatic initiative States had no choice but to enter the This is great news from Iraq. We are similar to North Korea to resolve the war to save Europe and democracy. making progress. I applaud the dedica- stalemate over Iran’s nuclear ambi- That was the definitive conflict of that tion to fiscal responsibility in Iraq and tions, yesterday the President said era; we are now facing the definitive urge my colleagues to celebrate the that the Iranian Government is sup- conflict of ours. success stories like this one in Iraq. plying deadly weapons to fighters in Mr. Speaker, this is a tremendous Iraq, even though he cannot prove the disservice to our troops, their families f and the American tradition of being orders came from the highest levels in IRAQ RESOLUTION Tehran. honorable liberators fighting for de- Why is he maintaining this? I believe mocracy. This resolution is an insult (Mr. WILSON of Ohio asked and was he is maintaining it to satisfy section to our troops and the American people. given permission to address the House 2C of the 1973 War Powers Resolution We are leaders in our body. It is time for 1 minute.) which reads in part: ‘‘The constitu- that we came together and act as lead- Mr. WILSON of Ohio. Mr. Speaker, tional powers of the President as Com- ers, leave politics aside to fight ter- the Iraq resolution that we are debat- mander in Chief to introduce United rorism and support our troops. We owe ing here is bipartisan. Over the last 2 States Armed Forces into hostilities is to it ourselves, the people we represent days, Democrats and Republicans have clearly indicated by the circumstances and future generations. come to this floor to voice their opposi- and are exercised pursuant to a na- f tion about the escalation plan for this war. tional emergency created by an attack IRAQ RESOLUTION upon the United States, its territories There is also strong bipartisan sup- or possessions or its Armed Forces.’’ (Mrs. JONES of Ohio asked and was port for a resolution in the Senate that So what is going on here is that the given permission to address the House would express the Chamber’s opposi- administration is seeking a justifica- for 1 minute and to revise and extend tion to the President’s plan there. Un- tion for a military conflict with Iran. her remarks.) fortunately, Senate Republican leaders That is why the administration is Mrs. JONES of Ohio. Mr. Speaker, I are preventing the debate and the reso- changing its emphasis. Its justification am so proud to be an American. I am so lution, preferring instead to blindly now is to protect U.S. troops in Iraq. proud that we have first amendment follow the President. Very significantly this justification freedoms and this House of Representa- Why have Democrats and Repub- could relieve the President of needing tives has decided to step up and debate licans come together to express our op- congressional authorization the issue of Iraq. I am not ashamed position to the President’s plan? Un- Contrary to his assertion, the President has that I want my troops to come home. I like the President, we have listened to been provoking Iran. The President has given am not ashamed to say that the babies the military experts, his own generals, U.S. military the authority to kill or capture Ira- that have died in Iraq that come from the American people, the troops fight- nian operatives inside Iraq, but fails to present Cleveland and Chicago, Illinois need to ing in Iraq, and the bipartisan Iraq credible evidence that explosives used in Iraq come home and get out of harm’s way. Study Group that said this war no have come from Iran. I am not unpatriotic; I am as patriotic longer can be won militarily. He is laying the groundwork for an attack on as the rest. I stand here to say to Congress must express an opinion to Iran and appears to be preparing to bypass America today that the Democrats in this President’s plan. Over the last congressional authorization for a military strike this House of Representatives and the month, the House and Senate commit- against Iran. Democrats in the Senate want a de- tees have conducted 52 hearings on In light of the House of Representatives’ ac- bate. Iraq, conducting oversight of an admin- tion to disapprove of the President’s escalation Fortunately, we have a strong leader istration that is off course internation- in Iraq and the mounting opposition to the war in the House and we are debating. ally. The oversight will continue and in Iraq, the President has advanced a new jus- Somehow, the Senate cannot seem to we will bring a change of course in Iraq tification that could be used to bypass con- get off the stoop to give us an oppor- gressional approval for a military conflict of tunity to debate the issue of Iraq. I am f war. proud to be an American. I am proud to President Bush was able to exercise new have troops who have stood up for us, CAFE STANDARDS AND ENERGY flexibility to reach an agreement with North have given their lives. It is time for us INDEPENDENCE Korea to shut down its nuclear facility. This of- to stand up for them. (Mrs. MILLER of Michigan asked and fers proof that he could negotiate with Iran as Let’s remember them. Let them not was given permission to address the well regarding their alleged nuclear weapons be numbers. Let them and their fami- House for 1 minute and to revise and program. lies know that we care about them. extend her remarks.)

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE H1674 CONGRESSIONAL RECORD — HOUSE February 15, 2007 Mrs. MILLER of Michigan. Mr. IRAQ RESOLUTION IRAQ RESOLUTION Speaker, this afternoon I will have an (Ms. CLARKE asked and was given (Mr. PALLONE asked and was given opportunity to talk about the war reso- permission to address the House for 1 permission to address the House for 1 lution, but this morning I would like to minute and to revise and extend her re- minute.) just talk for a second about energy marks.) Mr. PALLONE. Mr. Speaker, the de- independence. Ms. CLARKE. Mr. Speaker, I rise bate taking place here in the House Several weeks ago we heard the today because I am very supportive of this week is long overdue. We are ap- President announce part of his agenda our troops around the globe and in par- proaching our fifth year of this war. for making America more energy inde- ticular those who are in harm’s way in This is the first time Congress is debat- pendent. But the real question is, how Iraq. I wholeheartedly support H. Con. ing the strategy President Bush wants do we get there? The President laid out Res. 63. to implement in Iraq. Congress can no a plan to place new draconian fuel-effi- Mr. Speaker, in the President’s Janu- longer stand on the sidelines, and the ciency standards on our domestic auto- ary 29, 2002, State of the Union address, President has to know that to escalate makers, which I believe is the wrong in regards to protecting America, re- the war in Iraq is not acceptable. approach to energy independence. sponding to terrorist threats and cap- The President hopes this troop esca- It is the wrong approach because it turing Osama bin Laden, he said, this lation plan will help secure Baghdad would force our domestic automakers is a regime that agreed to inter- and reduce the sectarian violence that to invest in old technology and to stifle national inspections, then kicked out is ripping the country apart. But there very exciting new technologies. Our do- our inspectors. This is a regime that is no evidence to support those hopes. mestic auto industry is nearing innova- has something to hide from the civ- In fact, on four different occasions, the tive breakthroughs, such as the usage ilized world. President increased troop levels in of alternative fuels, new battery tech- States like these and their terrorist Iraq, and every time these plans failed nology, and advanced hybrid vehicles. allies constitute an axis of evil, arming to calm the violence in Iraq. Additional troops are not going to I believe it is in our national interest to threaten the peace of the world. By make a difference because there simply to provide Federal support to advance seeking weapons of mass destruction, is not a military solution to the war in the auto technologies of the future to these regimes pose a grave and growing Iraq. The devastating sectarian vio- help achieve energy savings. Both Gen- danger. They could provide these arms lence is going to continue. But our eral Motors and Ford recently unveiled to terrorists, giving them the means to troops should no longer be asked to advanced plug-in hybrids that use a match their hatred. serve as referees in a battle between re- lithium ion battery. Helping that tech- Secretary Rice, after being named ligious sects that have been fighting nology become commercially viable Secretary to succeed Colin Powell, for centuries. will advance our efforts to conserve en- warned 6 months before the invasion in ergy by light years and to create great Iraq that Saddam Hussein could deploy f new jobs here in America. a nuclear weapon, saying that the ad- IRAQ WAR RESOLUTION If my colleagues want true energy ministration did not want a smoking independence and a thriving domestic The SPEAKER pro tempore (Mr. gun. We want to know as New Yorkers, auto industry, we must focus on the HOLDEN). Pursuant to section 3 of when will we find Osama bin Laden technology of the future. House Resolution 157, proceedings will f now resume on the concurrent resolu- f tion (H. Con. Res. 63) disapproving of IRAQ RESOLUTION the decision of the President an- IRAQ RESOLUTION (Ms. CASTOR asked and was given nounced on January 10, 2007, to deploy permission to address the House for 1 (Mr. MEEKS of New York asked and more than 20,000 additional United minute.) was given permission to address the States combat troops to Iraq. Ms. CASTOR. Mr. Speaker, over the House for 1 minute.) The Clerk read the title of the con- last 2 days Republicans who support Mr. MEEKS of New York. Mr. Speak- current resolution. the President’s troop escalation plan er, as the November election clearly The SPEAKER pro tempore. When have had two main message points. The showed, Iraq is the number one issue proceedings were postponed on Wednes- first is that the resolution opposing the weighing on Americans’ minds. A vast day, February 14, 2007, time for debate President’s plan is nonbinding and majority of people across the Nation on the concurrent resolution on that meaningless, and the second is that the strongly disagree with the President’s day had expired. resolution will be the ‘‘end of civiliza- plan to send nearly 21,500 additional Pursuant to the resolution, it is now tion,’’ to borrow a term from a col- troops into Iraq, and a bipartisan main order for a further period of debate umnist. They cannot have it both jority in this Congress has also voiced on the concurrent resolution. ways. its opposition to this measure. The gentleman from New York (Mr. What we are doing over these 3 days This week here in the people’s House, MEEKS) and the gentleman from Michi- of debate is having a real discussion we will have an opportunity to express gan (Mr. MCCOTTER) each will control 6 about changing the course of the war our opinions on the troop escalation, hours. in Iraq. For those who support the and then we will have to vote whether The Chair recognizes the gentleman Bush-Cheney escalation, this debate or not we support the President’s plan. from New York. Mr. MEEKS of New York. Mr. Speak- serves as a prime opportunity to ex- The American people want a debate. er, I yield 5 minutes to the distin- plain why they think this escalation And while there is one going on in this guished majority whip, the Honorable will work when four other surges have House, the Senate Republican leader- JAMES CLYBURN of South Carolina. ship continues to block debate in the not worked. Mr. CLYBURN. I thank the gen- Senate. It is a shame that some have ignored tleman for yielding. the merits of the resolution and fo- One has to wonder what Senate Re- Mr. Speaker, the debate we join cused on political calculation. In fact, publican leaders are so worried about. today is essentially over the matter of several Republicans sent out a letter After all, Republican Senators, like sending 20,000 more American troops saying this debate should not even be JOHN WARNER and CHUCK HAGEL, joined into Iraq. Over the past 2 days, some about the Iraq war today. If we let with Democrats to propose their own deeply felt sentiments have been ex- Democrats force us into a debate on resolution opposing the troop esca- pressed in this Hall by some patriotic the surge or the current situation in lation. and honorable Americans from all Iraq, we lose. Are Senate Republican leaders really walks of life and on both sides of the Far from it, Mr. Speaker. No one will willing to stifle the voices of their own aisle. lose by having a debate. In fact, our Republican colleagues so that they can great democracy benefits and the continue to protect the Bush adminis- b 1030 American people win by knowing that tration? It is time for real debate. It is And I respect and appreciate the in- we are charting a new direction. time for a new direction on this war. tensity of those feelings.

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE February 15, 2007 CONGRESSIONAL RECORD — HOUSE H1675 If this were the only issue, if the Now we stand ready to create new resolution authorizing the President of matter were only a matter of troop paths to new victories. We stand ready the United States to use martial force strength and numbers, then the issue to initiate the kind of victories, which to remove Iraq’s Baathist regime for would lend itself to military and stra- will restore America’s respect around numerous just causes, including its re- tegic solutions and we would not be the world and self-confidence here at fusal to honor its Gulf War cease-fire having this debate. home. and United Nations’ resolutions, during That is not the real issue, however. We cannot achieve this by military my time as a temporary custodian of That is not the reason that every Mem- might, but by diplomacy. The need for my constituents’ office, I have striven ber of this Congress is being granted a stable Iraq is not just an American to ensure our Nation’s victory in the the opportunity to speak on this issue. interest, it is a regional and global con- battles for Iraq, Afghanistan, and in No, my fellow Members of Congress, cern. the overarching war on terror. In doing the real issue we are addressing today Iraq’s neighbors must be brought to so for 3 years, I have four times travis not that simple. The real issue goes the table. American troops must dis- eled to Iraq and once to Afghanistan to to the very heart of our American de- engage from the Red Zone and redeploy meet with our troops; visited wounded mocracy. to the outskirts of Iraq where they can citizen soldiers, eulogized our fallen, Last November the American people remain at the ready and not serve as and consoled their grieving families. voted for a change in leadership. They targets for insurgents. As a witness to their courage, sacrifice did so overwhelmingly because they The best way for the Iraqi Govern- and suffering, I have been morally want a new direction in Iraq. The ment to gain the trust of the American compelled to support every appropria- American people also voted for a new people is for them to step up and take tion for our military and civilian per- Congress, because they had lost faith control of their country’s security. sonnel in harm’s way, oppose every pol- in the old one. As a Congress, we had We say today that the victories we icy injurious to our country’s common lost our footing, and as a result, our seek are real victories, permanent vic- cause of victory; advance my own ideas Nation lost its way on the inter- tories, victories of a Nation which still on how to secure our victory, including national stage. believes that the voice of the people is the introduction of bipartisan, though I believe that last November’s call our final and best judgment. ultimately unaccepted, legislation to for a new direction in Iraq is also root- With this debate, we are taking steps establish concerted congressional over- ed in our lost faith in those who are to regain our footing as a Congress and sight over the course of this conflict; leading that nation. chart a new way forward on the inter- and refused to condone a resolution by We were stung when Iraqi Prime Min- national stage. my Republican peers which failed to ister al-Maliki seemed to offer amnesty I am hopeful this debate will not only meet its duty; and, immediately after- to Iraqi insurgents that killed Ameri- be heard, but will be accepted as the wards, introduced a resolution of my cans. moment at which America turned its We have been robbed by the dis- own in order to fulfill my duty to our face toward a triumph of enormous appearance of billions of dollars sent to soldiers, my constituents, and our proportions, a triumph for peace and a Iraq in good faith to help build the country. triumph for democracy everywhere As a staunch supporter of our Na- country. We have been deceived by the prom- Mr. MCCOTTER. Mr. Speaker, I yield tion’s mission in Iraq, Afghanistan, ise of trained Iraqi police forces who myself such time as I may consume. and throughout the world, I did so in Mr. Speaker, he was conscientious, should be prepared to provide law and the belief that it is morally imperative order for their country, but instead committed to peace and momentarily for every sovereign American citizen ally themselves with insurgents. praised. His laurels burned in the and their congressional servants to en- I traveled with some of you to Iraq bombings. His valorous and vain efforts sure our valiant troops victoriously last Memorial Day, and enjoyed what I had but hastened upon his people. come home to their loved ones’ arms. thought was one of the best meetings Yet, in eulogizing this ‘‘English wor- Were I to do otherwise and lapse in my of the trip with the Iraqi Speaker of thy,’’ Sir Winston Churchill, an ardent moral duty, I would not only be vio- the Council of Representatives. The op- opponent of the deceased’s policy of ap- lating our troops and my constituents’ timism I felt following that meeting peasement, unexpectedly struck a con- trust, I would be violating the dictates was destroyed when, just days after our ciliatory chord toward the late Neville of my conscience. return home, I heard the Iraqi Speaker Chamberlain: It is equally true, of course, how denigrating American efforts in his ‘‘It is not given to human beings, within this House other Members’ dic- country. happily for them, for otherwise life tates of conscience have led them to a We in the new leadership of Congress would be intolerable, to foresee or to decidedly different, though equally do not stand here as defeatists and not predict to any large extent the unfold- constant course of action. To these as opponents of this Nation’s best in- ing course of events. In one phase, men Members and their fellow citizens who terest. Only fools could reach that kind seem to have been right, in another have done so to date, I share the senti- of conclusion from this discussion. We they seem to have been wrong. Then ments Sir Winston held for Neville stand here today to say there is a vic- again, a few years later when the per- Chamberlain: You are ‘‘An American tory to be achieved, but it is not a spective of time is lengthened, all Worthy,’’ who ‘‘however the fates may military conquest. stands in a different setting. There is a play, will ‘‘march always in the ranks The victory we seek is earned new proportion. There is another scale of honor.’’ Yet, because the resolution through the restoration of America’s of values. History, with its flickering thrust before us is a craven exposition role as peacemaker, not warmonger. It lamp, stumbles along the trail of the of political expediency in a time of na- begins with the restoration of this Con- past, trying to reconstruct its scenes, tional crisis, today many may stray gress, as the deliberative arbiter and to revive its echoes, and kindle with from the ranks of honor. representative of the best interest of pale gleams the passion of former days. This resolution is ‘‘nonbinding,’’ the American people. It begins with the What is the worth of all this? The only which means the resolution has no understanding and acceptance of this guide to a man is his conscience; the force of law to compel future legisla- Congress as a full partner in the future only shield to his memory is the rective acts in compliance with its dic- of this activity. titude and sincerity of his actions. It is tates. In sum, then, this resolution le- Many of us have seen firsthand and very imprudent to walk through life gally changes nothing. Americans’ witnessed firsthand the realities of our without this shield, because we are so money will still unabatedly facilitate presence in Iraq. Many of us have in- often mocked by the failure of our our troops’ continued deployment into formed ourselves as fully as possible on hopes and the upsetting our calcula- harm’s way, despite the United States the complexity of the problems we tions; but with this shield, however the Congress collectively condemning the face. Many of us have agonized over the fates may play, we march always in the President’s announced troop reinforce- dangers and hazards which lie ahead, ranks of honor.’’ ment plan. This impotent resolution is no matter which direction we take. We Mr. Speaker, while not serving in injurious in the eyes of its opponents do not take these steps lightly. this Chamber during the debates on the because it will undermine the morale

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE H1676 CONGRESSIONAL RECORD — HOUSE February 15, 2007 of our troops, their families, and our make this rumored legislative plan pal- murder more American and Iraqi sol- fellow citizens even as it heartens and atable to the public. This strategy’s diers and civilians. So right now and emboldens our enemies; and this impo- tactics, which its instigators are more for the immediate future, an exit from tent resolution is injurious because it than happy to relate to the media, are Iraq is a defeat in Iraq. Whatever one will not stop what many of its sup- reputed to include a coordinated multi- pretends to the contrary, one will porters purport will be a loss of life in million-dollar TV campaign by leftist never convince our enemies otherwise. a lost cause. By neither stopping the special-interest pressure groups. No Yes, it is all too human to wish the war nor speeding our victory and by doubt somewhere beyond this ephem- world were different; all too human to calculatedly doing nothing in this time eral stream of time there lurks a jeal- rationalize away one’s misguided ac- of national crisis, this resolution is imous Clement Vallandigham. But, in tions. Being composed of frail, fallible moral. fairness, let us disdain a priori specula- human beings, even great assemblies This immorality is manifest in how tion, and instead examine a previous such as this have succumbed to the the resolution guilefully attempts to resolution to glean the potentialities of temptation. We must not. insinuate the United States Congress the present resolution’s supporters’ se- Writing well before Churchill’s mag- can simultaneously support our troops cret legislative plan. The following nanimous eulogy of Chamberlain and, and oppose their mission. During a passages are excerpted from a previous to the contrary, warning the British time of war, if an act is not i our na- resolution which, albeit more forth- people’s representatives how history tional interest, such as the President’s rightly, also opposes the Commander in was pitiless, George Dangerfield coldly plan is deemed to be in this resolution, Chief’s decisions: assessed his national leaders’ mis- the act is injurious to the national in- ‘‘Resolved, That this convention does management of state affairs during the terest. At best, the act will expend re- explicitly declare, as the sense of the pre-Great War years of 1910 to 1914: sources, most tragically claim lives American people, that after 4 years of ‘‘Along that row of distinguished and without furthering the cause of vic- failure . . . by the experiment of war, original faces there would pass from tory. Better than anyone, our troops during which, under the pretense of a time to time, as lightly as a shadow understand this. Therefore, this Con- military necessity of war-power higher upon the waters, an alarming, an alien gress does not support our troops when than the Constitution, the Constitu- spirit, a spirit dangerous and indefi- it proclaims they are risking their tion itself has been disregarded in nite, the Spirit of Whimsy . . . In the lives in a doomed mission injurious to every part, and public liberty and pri- hush of crisis, in the tumult of abuse, America. vate right alike trodden down, and the or when the stuffy air of the Commons Yet, if Congress persists in this in- material prosperity of the country es- seemed almost to glitter with the shin- sanity, the Members must meet their sentially impaired, justice, humanity, ing, salt ripples of sarcasm, there it responsibility to enumerate the rea- liberty, and the public welfare demand played, airy, remote, and irrespon- sons they disapprove of the President’s that immediate efforts be made for cessible.’’ plan and, in point of fact, the mission sation of hostilities . . . to the end Is an inchoate angst over history’s upon which our troops have already that, at the earliest practicable mo- final verdict the reason some sup- embarked. But this resolution does not ment, peace be restored.’’ porters of this resolution have taken to provide any rationale for its conclu- This previous resolution too ex- this floor, though not in this resolution sion. Thus, rather than deserving our presses its support for our troops in itself, and verbally professed three key collective concurrence, this resolution harm’s way: defenses of their decision? One defense deserves our universal condemnation. ‘‘Resolved, That the sympathy of the is they were misled into supporting an To this, some supporters will object Democratic Party is heartily and ear- Iraqi regime change because of the and allege two defenses for this resolu- nestly extended to the soldiery of our false claim it did or might possess tion’s fatal omission. Do not these sup- Army and sailors of our Navy who are weapons of mass destruction. Mer- porters’ floor remarks provide the ra- and have been in the field and on the cifully, let us stipulate these elected tionales sufficient to sustain this reso- sea under the flag of our country, and officials performed their due diligence lution? No. If floor remarks alone are in the events of its attaining power, on the matter and, especially for our sufficient to sustain the resolution’s they will receive all the care, protec- Democratic colleagues so situated, conclusions, then floor remarks alone tion, and regard that brave soldiers and they did not overly trust the some would be sufficient to derogate the sailors of the Republic have so nobly many of them had accused of stealing a President’s plan and, ergo, vitiate any earned.’’ Presidential election. necessity for a written resolution. Con- This previous resolution is the Demo- Again, there were numerous justifi- versely, if it is imperative for the cratic Party platform of 1864. able reasons for authorizing the Presi- plan’s detractors to express their oppo- If the past is prologue, let us be firm dent of the United States to militarily sition in a written resolution, it is also in a fair request: If the resolution’s execute a regime change in Iraq. As imperative to express their reasons in supporters possess a victory strategy, those reasons are written in that reso- writing. Alas, such logic pales before or otherwise, for Iraq, these public lution, I will not dwell upon them, for some Members’ impulsive muse of the servants must immediately reveal it to they do not constitute the crux of the moment. the sovereign citizens of the United matter, which is this: the war aim of Let us, then, move to some of the States. If these stealth strategists regime change was a success. It is the resolution’s supporters’ second, far refuse, they will incur the American post-war failure of Iraqi reconstruction more distressing defense: ‘‘A vote of people’s inference this legislative plan breeding our present perils. disapproval on the President’s plan will assumes and will hasten our Nation’s Thus even if a Member of Congress set the stage for additional Iraq legis- defeat in Iraq. How else could one ex- can be excused for authorizing force on lation which will be coming to the plain these individuals’ already having the basis of being ‘‘misled,’’ the Mem- House floor.’’ As no one who partici- a legislative plan and an accompanying ber of Congress cannot be excused for pated in the crafting of this covert leg- media plan premised upon our troop re- failing to demand adequate post-war islative agenda has deigned to inform inforcement failure, and doing so re- reconstruction planning, nor for a 3- the American people as to its aims, one gardless of potential American vic- year failure to demand constructive wonders if it will cut off funding for tories on the ground or the advice of changes to an inadequate post-war re- our troops in harm’s way or cut off our military commanders? Perhaps construction plan. critical reconstruction funding in the while they demur from revealing it, Dovetailing with this defense, some supplemental appropriations bill, thus these anonymous commander in chiefs of the resolution’s supporters now toppling an unheralded but essential will dubiously coin their legislative claim their initial ardor for the regime pillar of the President’s new victory plan an ‘‘exit strategy.’’ change was a mistake because this ad- strategy and proving the perspicacity ministration has botched Iraqi recon- of the present resolution. While we b 1045 struction beyond salvaging and the wonder and worry, according to news- It is an irrelevant distinction. Right fledgling democracy is now in a state paper reports there is a strategy to now the enemy is actively seeking to of civil war. This argument has the

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE February 15, 2007 CONGRESSIONAL RECORD — HOUSE H1677 merit of being partially correct, for de- organization of the Southern States, how to save it. We, even we here, hold spite the hard-learned lessons of our the immediate and remote, the present the power and bear the responsibility. Nation’s former successes in doing so, and far-reaching consequences of which In giving freedom to the slave, we as- this administration utterly failed to to both races cannot be contemplated sure freedom to the free, honorable comprehend and implement the funda- without the most dismal foreboding of alike in what we give and what we pre- mental principles of reconstructing a horror and dismay. The proclamation serve. We shall nobly save, or meanly defeated, belligerent nation. Impor- invites servile insurrection as an ele- lose, the last best hope of Earth. Other tantly, this does not preclude recon- ment in this emancipation crusade, a means may succeed; this could not fail. structing Iraq now. means of warfare, th inhumanity and The way is plain, peaceful, generous, While rife with sectarian violence, diabolism of which are without exam- just, a way which, if followed, the much of it instigated and perpetuated ple in civilized warfare, and which we world will forever applaud, and God from external elements, Iraq is not in a denounce, and which the civilized must forever bless.’’ civil war. Relative calm exists in most world will denounce as an uneffaceable My friends, history harkens your of the beleaguered nation’s provinces, disgrace to the American people.’’ honorable hearts to reconsider sup- and if one dares to look, there are the So much for the prognostications of porting this immoral resolution. If one agonizingly slow but significant signs the ‘‘Peace Democrat’’ controlled Illi- believes all human beings are equally of incremental progress in the estab- nois legislature’s 1863 resolution. God’s children, whether they be free or lishment of order. This progression will Thankfully, by the grace of God and yearning to breathe free, one cannot, be expedited by the administration’s the sanguine sacrifice of the American after a cruel sip of hope, condemn 20 new plan, which finally incorporates people, it was this Illinois legislature, million of God’s equally beloved chil- the two fundamental principles of Iraqi not our African American brothers and dren to a saturnalia of slaughter. If one or any reconstruction plan, one, a lib- sisters and our Nation’s great emanci- supports our troops, one cannot deride eral democratic society evolves upward pator, who are to be denounced by the their cause as injurious to our country. from its traditional roots of order, not civilized world for all eternity. If one seeks our victory in the war on from a centralized bureaucratic gov- What of our legislative body? Now terror, one cannot advocate a retreat ernment downward; and, two, a na- resurrects the specter of our own judg- and defeat in the face of our enemy. tion’s transformational evolution into ment, which hovers above and shadows My friends, through the fog of war, a liberal democracy must contempora- us as we seek to ensure we are not for- our fiery trial illumes and creeps ever neously provide transactional benefits ever weighed in the balance and found nearer along the trail. Rather than to its citizens. These fundamental prin- wonting. It is as it should be, as it curse the darkness and dread the ciples will be implemented through must be, for notwithstanding its non- echoes of history’s verdict, let us ac- critical initiatives, such as provincial binding nature, even after this resolu- quit ourselves with lasting honor by reconstruction teams, an accord on oil tion’s disposition, our duty demands leading our searching Nation through revenue allocations, and a national rec- we make moral decisions affecting our these trying, transformational times onciliation process, amongst others. Nation’s victory or defeat, and our fel- and into a transcendent, triumphal to- But to earn the support of terrorized low citizens’ lives or deaths. Is this not morrow. Let us earn the esteem of the Iraqis, security must first be estab- why, even while bearing malice to- latest and later generations of all free lished so they may commence securing wards none of them, in defending his people by reaffirming our revolu- the blessings of liberty. This is why the own war plan, our own maligned Presi- tionary Republic cherishes the self-evi- troop reinforcement is required and dent warned his opponents history is a dent truth that all human beings yearn why the twin pillars of troop reinforce- harsh mistress: to breathe free. Let us, in our Nation’s ment and grass-roots reconstruction ‘‘Is it doubted, then, that the plan I finest traditions and truest character, can achieve a joint American and Iraqi propose, if adopted, would shorten the remove the Iraqi people’s bonds of op- victory over the enemies of liberty. war and thus lessen its expenditure of pression and replace them with bonds The ineluctable fact of our victory is money and of blood? Is it doubted that of brotherhood amongst our free, sov- it must be won with the help of Iraqis, it would restore the national authority ereign, and secure peoples. which is disconcerting to many of this and national prosperity and perpetuate Let us, in the face of terror, march resolution’s supporters who believe the both indefinitely? Is it doubted that we always in the ranks of honor and cou- Iraqis are unwilling to fight for their here, Congress and Executive, can se- rageously and selflessly secure the freedom and are incapable of perpet- cure its adoption? Will not the good Iraqi people’s blessings of liberty and, uating once it is secured. This argu- people respond to a united and earnest in so doing, secure our own blessings of ment often intersects with the charge appeal from us? Can we, can they, by liberty for unnamed generations of our mission in Iraq has been untenably any other means, so certainly or so American children. shifted from effectuating a regime speedily, assure these vital objects? We Mr. Speaker, fully cognizant of my change to erecting a model democracy; can succeed only by concert. It is not moral duty to our troops, my constitu- and for the above reasons, they think ‘Can any of us imagine better?’ but ents, my country, and my Creator, I this is impossible. This deplorable ar- ‘Can we all do better?’ Objection what- cannot in good conscience support this gument is antithetical to the self-evi- soever is possible. Still the question re- resolution, which is injurious to the dent truths written into our own Dec- curs ‘Can we do better?’ The dogmas of cause of our Nation’s victory and in laration of Independence, though, the quiet past are inadequate to the consequence is patiently immoral. sadly, it is not without precedent. Once stormy present. The occasion is piled Therefore, I urge this resolution’s re- more, let us reference another resolu- high with difficulty and we must rise jection and pray God graces, guards, tion, this one opposing a military mis- to the occasion. As our case is new, so and guides the steps of all who bear the sion creeping toward a decidedly dif- we must think anew, act anew. We burden of our decisions made on behalf ferent goal: must disenthrall ourselves and then we of the majestic American people. ‘‘Resolved: that the emancipation shall save our country. Mr. Speaker, I reserve the balance of proclamation of the President of the ‘‘Fellow citizens, we cannot escape my time. United States is as unwarranted in history. We of this Congress and this Mr. MEEKS of New York. Mr. Speak- military as in civil law; a gigantic administration will be remembered in er, let me just say that from my under- usurpation, at once converting the war, spite of ourselves. No personal signifi- standing, we are a separate but equal professedly commenced by the admin- cance or insignificance can spare one branch of government. The Executive istration for the vindication of the au- or another of us. The fiery trial does its thing; we do ours. And part of thority of the Constitution, into a cru- through which we pass will light us our responsibility is to debate, inves- sade for the sudden, unconditional and down, in honor or dishonor, to the lat- tigate and evaluate what the President violent liberation of 3 million Negro est generation. We say we are for the says and not simply rubber-stamp what slaves; a result which would not only Union. The world will not forget that he says. So we are doing our job and be a total subversion of the Federal we say this. We know how to save the what the American people elect us to Union, but a revolution in the social Union. The world knows we do know do

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE H1678 CONGRESSIONAL RECORD — HOUSE February 15, 2007 Mr. Speaker, it is my pleasure to now But the American people know better. gress right here that never seriously yield 5 minutes to the gentlewoman They recognize ‘‘stay the course’’ when questioned his misguided policies in from Illinois, the chief deputy whip, they see it, and they are saying no. Iraq. It was the ‘‘see no problems, hear the Honorable JAN SCHAKOWSKY. And the administration continues the no problems, conduct no oversight’’ Ms. SCHAKOWSKY. Mr. Speaker, I charade that if you don’t support this Congress. thank the gentleman for yielding. war and this escalation, then you don’t When the President stood below the Mr. Speaker, I rise on behalf of my support the troops. banner ‘‘Mission Accomplished’’ aboard constituents in Illinois to say, as Shame on them. It is they who have the USS Abraham Lincoln in May 2003, strongly as possible for myself and for failed to serve the troops who have the rubber-stamp Congress believed the them, that we reject President Bush’s served us so well. From day one our slogan, rather than the facts on the decision to deploy more than 20,000 ad- troops were sent into the war theater ground. ditional United States combat troops without the proper equipment to maxi- When Vice President CHENEY de- to Iraq. mize their safety. Families have bake clared that the insurgency was in ‘‘its Tragically, the President and his ad- sales to buy their loved ones better final throes’’ back in May 2005, the Re- ministration are dealing with an Iraq vests and helmets. Just last month the publican Congress accepted that ver- that exists only in their imagination. Pentagon’s Inspector General found dict without question. Bob Herbert said it well in Monday’s that the Defense Department hasn’t When the President unveiled his so- New York Times: ‘‘We need to stop pre- been able to properly equip the troops called ‘‘Plan For Victory’’ at the Naval tending that there is something sane it already has with enough guns and Academy in November 2005, the old about continued U.S. involvement in ammunition to ‘‘effectively complete Congress dutifully parroted the talking this ruinous war. We keep sending their missions.’’ That is a quote. Sol- points sent down from the other end of troops into the combat zone, and they diers are short body armor, armored Pennsylvania Avenue. keep sinking ever deeper into the an- vehicles, and communication equip- The days of the rubber-stamp Con- cient Middle East sand. To keep send- ment. Imagine this war is costing $12 gress are now over. This Congress will ing young people off to die in a war million every hour, 24/7 for 4 years, no longer serve as the mouthpiece for that everybody knows is pointless is nearly half a trillion dollars, and our the White House. This Congress is fi- criminal.’’ soldiers don’t have enough body armor, nally standing up to do its job as a sep- Each time that the Bush administra- ammunition, communications equip- arate and coequal branch of govern- tion has proclaimed that we must stay ment? ment. the course because the war has just b 1100 Mr. Speaker, the message from the last election was clear. The American reached a turning point, that turn has If our troops aren’t the priority, who people have an uncanny ability to cut led to a dead end. is? Halliburton, Blackwater, other cor- through the slogans and get to the May 2003, President Bush declared porate chums of the President? Don’t heart of the matter. They understood ‘‘Mission Accomplished.’’ By the end of lecture us about caring for the troops. 2003, 486 of our troops were dead and The Executive Director of Iraq and clearly that more of the same in Iraq 2,408 were wounded. And yet we stayed Afghanistan Veterans of America re- was not working. And the American the course in Iraq. cently said of our returning soldiers people understand what both General In June 2004, President Bush said, and marines, ‘‘And when they come Casey and General Abizaid have told ‘‘We’re handing over authority to a home, there aren’t nearly enough tran- us: that the escalation of more troops sovereign Iraqi Government . . . a sitional care services, job placement, in Iraq is not the answer; that it will turning point will come in less than 2 transitional housing. It is just not make matters worse, not better. weeks.’’ there.’’ Twelve million dollars an hour Increasing the number of American By the end of 2004, 1,334 of our troops to wage this war, and our veterans are troops in Iraq will put off the day when were killed and 10,408 were wounded. returning home without the proper the Iraqis, the Shia, the Sunnis and the And yet we stayed the course in Iraq. care they need? Kurds, must make the difficult com- In June 2005, Vice President CHENEY Our support for the troops compels us promises necessary to achieve political said, ‘‘I think they are in the last to oppose this war and this escalation. and national reconciliation. Putting throes, if you will, of the insurgency.’’ Of the terrible options the President more American forces in the middle of And in December 2005, President Bush has left us after 4 years, the absolute a bloody sectarian civil war will only said ‘‘ . . . the year 2005 will be re- worst is to continue to send our young lead to further violence and more corded as a turning point in the history men and women in uniform to die in American and more Iraqi casualties. It of Iraq, the history of the Middle East, the meat grinder that is Iraq and to is time for the Iraqis to assume more and the history of freedom.’’ put them in the cross-hairs of a civil responsibility, not less. By the end of 2005, 2,180 of our troops war. The Bush administration has been were killed and 16,354 were wounded. Speaker PELOSI has said that our wrong about this war from the begin- And yet we stayed the course in Iraq. goal is to end this war. We can begin ning and it is wrong with respect to its In May 2006, President Bush called right here, right now, by passing this proposed course of action now. The rec- the formation of a new Iraqi Govern- resolution. ommendations of the bipartisan, inde- ment ‘‘a turning point.’’ By the end of Mr. MEEKS of New York. Mr. Speak- pendent Baker-Hamilton Commission 2006, 3,001 of our troops were killed and er, it is my pleasure to yield 5 minutes provide for the responsible redeploy- 22,736 were wounded. And yet we stayed to the honorable gentleman from ment of our forces and represents the the course in Iraq. Maryland (Mr. VAN HOLLEN), the mover best way forward in Iraq. And just last month, Vice President and shaker on the Ways and Means And to those who would suggest that CHENEY proclaimed, ‘‘Well, I think if Committee. having this debate will undermine our you look at what’s transpired in Iraq Mr. VAN HOLLEN. I thank my col- troops, I say shame on you. Chairman . . . we have, in fact, made enormous league from New York. of the Joint Chiefs of Staff General progress.’’ And President Bush told us Mr. Speaker, next month we will Peter Pace put that canard to rest just that his new strategy to escalate the mark the fourth anniversary of the last week when he said, ‘‘There is no war in Iraq ‘‘will change America’s President’s decision to launch a war of doubt in my mind that the dialogue course in Iraq and help us succeed in choice against Iraq. Many of us came here in Washington strengthens our de- the fight against terror.’’ to the floor of this House in the weeks mocracy. Period.’’ Since those remarks made just days before the invasion to urge the Presi- Our men and women fighting in Iraq ago, more than 120 troops are dead, and dent to take a different course. The understand the strength and vibrancy yet once again we are being asked to White House ignored those appeals for of this democracy, and they understand stay the course in Iraq. restraint. The President’s mantra was, that it is our duty in this Congress to My colleagues across the aisle want and these are his words, ‘‘Bring it on.’’ exercise our best judgment for Amer- to characterize this troop increase, the For almost 4 years after the invasion, ica’s national security. What has fourth escalation, as a new direction. the President had a rubber-stamp Con- harmed our national security is not the

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE February 15, 2007 CONGRESSIONAL RECORD — HOUSE H1679 debate in Iraq, but the lack of serious resolution which is divisive without We will see a sectarian bloodbath in oversight over the Bush administra- being decisive. It orders no action. I Iraq that will result in the death of tion’s decisions and conduct. have spoken on that at length before, tens of thousands, if not hundreds of What emboldens our enemies is not and I am not going to go into it now. I thousands, of Iraqis. the exercise of our democracy, but mis- want to instead focus on the issues at And we will see a destabilized region guided policies that have weakened our stake. in which the United States has vital in- national security. Like all of those elected in 2002, 2004, terests and to which our own security Our national security is weakened 2006, I was not part of the initial deci- is intimately tied. when our credibility around the world sion to go to war, and, frankly, I often I acknowledge that things have not is undermined by false claims regard- think how fortunate I was to have been gone in Iraq as I, certainly, and I think ing weapons of mass destruction. Our spared that responsibility. But, of everybody, regardless of their position national security is weakened when the course, none of us on this floor ever on the issue, would have hoped. There chaos in Iraq allows Iran to greatly ex- truly escapes responsibility. is no question that we underestimated pand its influence in the region. Our My attitude toward this conflict re- what was required, not to defeat Sad- national security is weakened when flects that of my district and, frankly, dam, frankly, that was done bril- America’s diminished standing in the that of my father, who was a career liantly, but to secure Iraq. world has eroded our ability to influ- noncommissioned officer in the United We have underestimated the persistence the actions of others. Our na- States Army. I recall once when he was ence of and the difficulty the outside tional security is weakened because we talking about war, he summed it up players would create for us. We under- pretty simply: When you are in it, win have diverted our attention away from estimated how anxious people inside it. Iraq would be to settle old scores in- completing the mission against the ar- That is what I have tried to do with chitects of 9/11, against Osama bin stead of to look ahead. And we have my vote, my voice, my energy, since I underestimated the impact of the di- Laden and al Qaeda and the terrorist have been elected to represent my dis- network that continues to operate vided loyalties of Iraqis themselves, trict. I have done so because, frankly, where so often we see sect against sect, along the Afghan-Pakistan border. in some areas I have seen progress. Re- We must change course. We must ethnicity against ethnicity, tribe moving Saddam Hussein from power against tribe. strengthen our national security posi- was a good thing and I am proud that tion, not compound the errors we have But these difficulties and mistakes, that was accomplished, and it would regrettable as they are, do not change already made. That is what this resolu- not have been accomplished without the consequences of losing in Iraq, for tion is all about. We hope the President the valor and the professionalism of the region, for Iraqis, and, most impor- will join us in that effort. Let’s chart a American men and women in arms. tantly, for ourselves. new direction now together. I am pleased to have seen a Constitu- At this critical point, the President Mr. MCCOTTER. Mr. Speaker, I yield tion formed in Iraq that is the envy of has offered a plan to avert defeat, and, such time as he may consume to the the Arab world. if the Iraqis are up to the task, to turn gentleman from Oklahoma (Mr. COLE). I am proud to have seen three elec- the tide. It has an American military Mr. COLE of Oklahoma. I thank the tions take place, all of which had in- component, and that is what this reso- gentleman from Michigan. creasingly high participation and had, lution deals with. Mr. Speaker, I have listened to the frankly, higher percentages than vote But contrary to what I have heard on debate over the last 2 days, really doz- in our own elections. the floor, it is not a major escalation ens and dozens of speeches, and, frank- I was hopeful when I saw a coalition in forces. It is not an effort to allow ly, speeches of exceptionally high qual- government formed that had Kurds, the Iraqis to avoid the fighting. Nor is ity on both sides of the issue. I have that had Sunnis, that had Shia, that it an effort to win militarily. It is an listened particularly to the speakers had other elements in the Iraqi popu- effort to buy the time needed to create who were here in 2002 when the momen- lation. an environment in Iraq that will allow I have been impressed with Iraqi tous decision to go to war was actually Iraqis to succeed politically. It will forces that do stand and fight. And made. Those who were opposed, I have allow them to begin to push toward the let’s make no mistake about it: Most of admired because in their opposition in reconciliation process and review the the fighting and dying militarily is October of 2002 they were taking an un- de-Baathification program. It will popular position, but clearly one that being done by Iraqis and they deserve our respect for that. allow them to share power with one an- they believed in, and I think they de- other. It will allow provisional elec- serve our respect for that, even if I And, frankly, I think like all Ameri- cans, I was enormously relieved when I tions to take place. It will allow oil don’t agree with that particular point revenue to be distributed more equi- of view. see actors like the late al-Zarqawi, people who would kill Americans any- tably. It will allow Iraqi units the time Second, I have watched those who to train, stand up and continue to fight voted in favor of that tough decision, where, anytime, who are not from Iraq, being sought out with the help of Iraqis and fight more professionally and pro- and I have watched as they have stuck ficiently than they have. to that decision because they believe and killed far away from our shores. That is important, and that is some- The U.S. force is indispensable in the stakes are so important for the thing we should acknowledge. achieving these measures, but it will United States. They have done so even I have also supported the war because not be and it is not intended to be deci- when public opinion has turned against I feared the consequences of defeat in sive. What will win or lose in Iraq ulti- their position. And I admire that. Iraq. And, believe me, there are con- mately are Iraqi politicians: Can they Frankly, I have watched speakers sequences to losing the war. These are put their differences aside? Iraqi sol- who have changed their position, who real. diers: Can they fight for their country were first for the war and now are op- If we are not successful in Iraq, we instead of against one another? And posed to it. It is easy to deride people will have an emboldened enemy. Not the Iraqi people: Can they put aside the in that position. But, quite frankly, I just the terrorists that we deal with, differences and demand better leader- have watched them, and they are an- they are bad enough, but also the ship than they have received thus far guished in their opinions and their con- states that use terrorism as a tool of from their own people. clusions; they are sensitive, obviously, diplomacy. States like Iran, states like Some will say this is a hopeless task, to the easy and cheap criticism of op- Syria, will draw comfort. but our military leaders and our troops portunism. And I particularly admire We will have demoralized friends in in the field don’t tell us that. General those, frankly, in my own party who the region and around the world that Petraeus, a man whom all sides ac- have broken with their President and wonder whether or not they can really knowledge is not only professional, ca- their party over a position that they count on us once we make a commit- pable, but is dedicated and a great pa- believe in deeply. I don’t agree with ment. triot, tells us he thinks this is an them, but I admire them. We will see the death of an infant de- achievable mission if he has the forces What I don’t admire is the Demo- mocracy, never a good thing for the he needs to succeed. The average sol- cratic leadership that has brought us a lovers of freedom. diers that I talked to from my district

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE H1680 CONGRESSIONAL RECORD — HOUSE February 15, 2007 and other units also tell me they be- To be sure, matters of war are the postpone diplomatic efforts that we so lieve this is doable. But they want us most serious that I will deliberate over urgently need to reach a political set- in Congress and in this country to have in the United States Congress. Indeed, tlement in Iraq and avoid an all-out the political resolve to match their such a vote was my first in the Con- civil war that spills into the entire personal courage. gress in 1991. But with this moment, Middle East. History teaches us that freedom is a Congress now has the opportunity to Mr. Speaker, I am not willing to powerful force. We should trust it. And take the country into a new phase of stand here in the well of the House of it also teaches us sometimes it needs this war. To me, nothing matters more Representatives and not move to outside help. All of us as Americans are than getting this right. change our policy in Iraq. There are justly proud of the American Revolu- Four years ago, I voted against au- too many lives at stake, our security tion. We often forget it took a French thorizing the President to go to war beat stake. I support the conclusions and fleet, French army and Dutch money cause, as I said on this House floor, I recommendations of the bipartisan to finally finish the job. believed taking unilateral action Iraq Study Group, but I have crossed Mr. Speaker, because I believe the against Iraq would ‘‘weaken our moral the Rubicon on this war. I support consequences of losing in Iraq are hor- authority, our military effectiveness phased redeployment over the next rible for Iraqis, for Americans, and for and our ability to keep events under year and will seek every opportunity to the cause of liberty and our friends control afterwards.’’ mandate such a change in law. But around the world; because I think that Today, 1 month into the new Con- that begins with stopping this esca- we, the Iraqis and the Americans to- gress, and for the first time since the lation gether, can still win; because I believe previous majority rushed to authorize Mr. Speaker, I harbor no illusions about the that defeat has catastrophic con- this war in October of 2002, every Mem- President’s willingness to hear this message sequences for the United States, I urge ber of this institution, Democrat or Re- from the Congress. Before long, it may be the rejection of this resolution and publican, will face a different choice. necessary to mandate reductions in troop lev- support the cause that our fighting With the situation so clearly out of els. But the President must understand that men and women are so nobly advancing control, Members can trust President the public and the Congress do not support in Iraq. Bush one more time as he escalates the his policies in Iraq—that if we can even hope conflict in Iraq, or they can support a to achieve a stable Iraq, a peaceful Middle b 1115 change in direction that begins to rede- East and a more secure America, our strategy Mr. MEEKS of New York. Mr. Speak- ploy our troops out of Iraq, that uses must change. That is what this vote of no con- er, it is my pleasure to yield 51⁄2 min- our military in the right way, to make fidence is about. That is our obligation—let us utes to the Chair of the Steering Com- our country safer and raise America’s honor it. mittee, the Honorable ROSA DELAURO. standing so that we have both allies Mr. SAM JOHNSON of Texas. Mr. Ms. DELAURO. Mr. Speaker, this and moral authority to address our Speaker, I will make a statement later, week the Congress finally takes up its threats. but right now I would like to introduce obligation to change course in Iraq. We To be sure, of all the concerns we Congressman GEOFF DAVIS from the have arrived at a new moment. Few re- take to the floor with, it is the deterio- State of Kentucky who was in the U.S. sponsibilities are more solemn for a rating welfare of our troops that is Military Academy at West Point and Member of this body than one in which most alarming. Of course, every Amer- served this Nation as an assault heli- he or she is obligated to register a vote ican takes comfort in the heroism and copter flight commander in the 82nd of no confidence in their President in a the determination that our soldiers Airborne Division, which is where I time of war. have shown. They have performed mag- went through jump school, too, and I Under different circumstances, I nificently, but they have been charged think he is well qualified to discuss think most Americans would want to with an impossible mission that under- this issue. give their President the benefit of the mines their incalculable sacrifice and I would like to recognize the gen- doubt on matters of war, that they has strained our military in countless tleman for 5 minutes. would want to trust the President’s ways, from manpower to morale. Mr. DAVIS of Kentucky. Mr. Speak- judgment to do what is right for our As the father of one marine whose er, I rise today in support of our troops country, for our national security in- son has been deployed for the second and dedicated civilian professionals, terests, and for our troops and their time to Iraq wrote to me, ‘‘You forget and to my former comrades and friends families who never leave our prayers. what it is like to actually sleep now serving, and against the Democrat It is a measure of how desperate mat- through the night without waking up resolution disapproving of reinforcing ters have become in Iraq that the Con- to the horrible thought that you might our troops in combat. gress considers this resolution of dis- not ever see your son again.’’ This week, Congress has spent its approval. Today, we find ourselves em- Mr. Speaker, we all know our troops time debating a futile, nonbinding res- broiled in a war that is not winnable, a will do anything their country asks of olution when, in reality, we should be religious war that is inconsistent with them, but let us not ask them to esca- debating policy initiatives that will our original mission there, a war the late an unwinnable war. help our troops in their mission and American people no longer support. Today, virtually everyone agrees we lead to stability. I believe that in fight- And with 3,100 American lives lost, need a new strategy, everyone, that is, ing the war in Iraq that there is room sectarian violence threatening to spill except for the President who continues for an open and honest debate about over into the entire Middle East, and to pursue an objective the consensus the best way to advance the compelling no prospect for a stable, constitutional judgment of our Nation’s intelligence national security interests of this Na- democracy in Iraq in sight, today we agencies says has no chance of success. tion. Honest debate, respectful dis- consider this war for not what we wish Indeed, in proposing an escalation of agreement, and constructive dialogue it were but for what it has so clearly the current strategy, the President re- are components of our great Republic; and tragically become, a mistake of jects conclusions drawn by the Na- and it is important to honor the proc- historic proportions. tional Intelligence Estimate, the bipar- ess that our institution provides. As such, I will support this resolution tisan Iraq Study Group, his own gen- Furthermore, this measure seeks to opposing the escalation of this conflict. erals and, perhaps most importantly, debate whether we support an oper- And with this debate, the Congress the American people. In so doing, he ational decision that, in reality, should takes up its constitutional responsibil- sends what could be as many as 170,000 be made by the commanders on the ities with a sense of urgency and ac- troops into a civil war that is being ground, not by politicians in Congress. countability that the public so des- waged along sectarian fault lines that What are we going to be debating next perately seeks from us. For too long have existed for more than 1,300 years. week, Mr. Speaker? Which block in the Congress has asked too few ques- Such a policy will not only make Baghdad? Which precinct to target? tions and been all too willing to put matters worse, in my view and that of This nonbinding resolution serves no politics and ideology before our Na- the Iraq Study Group. It will also post- purpose other than pacifying the tion’s security. pone Iraqis taking responsibility and Democrats’ political base and lowering

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE February 15, 2007 CONGRESSIONAL RECORD — HOUSE H1681 morale in our military. At least one water running and the electricity on, try, not the staying of the course that Democrat has likened this type of reso- which will in turn allow people to go to it is currently on. lution to a child stomping in the cor- work and children to return to school. It is long overdue then that the Con- ner. Returning normal life to Iraqis is im- gress find its voice as well. Past is pro- The troops will be doing their job by portant, but it should not be the sole logue, and we must go back to June of completing the mission that they have responsibility of our troops who are 2002 when the President enunciated the been given, and we in Congress need to providing security and stability. We Bush doctrine, the doctrine of preemp- do ours. Our troops who are fighting need to strengthen the involvement of tion and unilateralism that has placed abroad do not get to debate the valid- the international community in this us in this situation that we have today ity of their mission. Their enemies are endeavor as we empower and engage in Iraq. real, and they are fighting day in and the Iraqis. He was warned, most notably by peo- day out to protect our country, the I strongly believe that if we are to ple like Scowcroft, Eagleberger, Baker, Iraqi people and themselves. fully support our troops that we must and Colin Powell about the folly of this This resolution does not help make listen to what they are saying. And effort. It was not KENNEDY or Berg or progress in Iraq. It does not provide a when the troops are saying that they even LARSON or other people that spoke new approach in Iraq and does not are committed to their mission then, I out as eloquently as those former make our Nation or our troops more believe, we should listen. I remain a members of Bush the Elder’s Cabinet. secure. That is what we need to be committed supporter of our troops, and I traveled with JACK MURTHA in the doing, not wasting our time debating a I thank them for their service. buildup to the war, and we met with measure that can dishearten and de- Soon, Congress will vote on the De- our ambassador in Saudi Arabia, Rob- moralize our citizens faithfully serving partment of Defense’s supplemental ert Jordan, who I said to him, Ambas- in theater while encouraging and budget; and in it, the Pentagon is re- sador, you have a gathering storm here emboldening the adversaries of sta- questing $5.6 billion for troop reinforce- in Saudi Arabia, with all the tensions bility. ment. This will be the real test of com- in the Middle East. And he said, Con- We have seen the aggression of this mitment, not this meaningless resolu- gressman, you are from New England. faceless and cowardly enemy in the tion. A ‘‘yes’’ vote on that funding sup- Gathering storm, he said? What we bombing of Pan Am 103 in 1988, in al ports the troop reinforcement being de- have here is the making of a perfect Qaeda’s attack on the USS Cole in 2000, bated here today, and a ‘‘no’’ vote will storm. and the tragic events of September 11. delete funding for this important mis- b 1130 This enemy is driven by hate and seeks sion. This will not only show people to do Americans harm. where Congress stands, but give ac- And if we unilaterally invade and at- Over the course of time, it has be- countability to our actions here in tack this toothless tiger, Saddam Hus- come evident that we are involved in a Congress with the force of law behind sein, we will unwittingly accomplish long-term struggle with Islamic extre- what bin Laden failed to do: we will mism to preserve our freedom and the it. I support our troops and our civilian create a united Islamic jihad against freedom of the world. Every day, our professionals, and I intend to keep my the United States. men and women in uniform and our ci- commitment to my many friends on Professor Gram Ellison wrote that vilian professionals risk their lives to active duty and to vote to provide ‘‘this occupation has diverted essential protect our freedom. From providing them the funding for their mission resources from the fight against al security to building an economy, we Qaeda, allowed the Taliban to regroup are strengthening the security of our when the time comes. To my former comrades and friends on Afghanistan, fostered neglect of the country and the international commu- in the 101st Airborne Division and 82nd Iranian nuclear threat, undermined al- nity. liances critical to preventing ter- We have not had a terrorist attack Airborne Division, thank you for an- rorism, devastated America’s standing on our soil in over 5 years because of swering the call again and know that I with every country in Europe and de- our vigilance in pursuing the security stand with you. stroyed it in the Muslim world.’’ of our Nation at home and abroad. Suc- Mr. MEEKS of New York. Mr. Speak- Instead of following the wisdom of cess in Iraq is our only option for con- er, I think we all owe a great debt of Scowcroft and Eagleberger and Baker, tinued national security and the pres- gratitude to the Speaker of this House Powell, this administration embraced ervation of freedom. and to the Democratic leadership for I have had the opportunity to speak allowing us the opportunity to have Ahmed Chalabi with all the hubris and to hundreds and hundreds of men and every Member come to the floor of the arrogance of staying the course. women in uniform whose experience people’s House to talk about Iraq and And so we find our troops today in spans all ranks, all services, and all whether or not they agree with the the midst of civil war, in the midst of units. Consistently, they share an opti- President’s escalation. I think that is sectarian, religious, and tribal con- mistic and sober message about the im- what this House is about, and one of flicts that are more about settling old portance of continuing the struggle to the Members of that leadership who we scores that seek revenge over the cen- defeat Islamic extremists. A resolution do owe that gratitude to is the Vice turies than about creating a democ- like this blurs the many successes in Chair of the Democratic Caucus, and I racy. And it is into that caldron that the war they have had against the exam pleased to yield 51⁄2 minutes to the we wish to send more troops, more tremists. gentleman from Connecticut, the Hon- troops that 87 percent of the Iraqi pub- The messages of our troops do not orable JOHN LARSON. lic says they want a time line for us to come without an understanding of the Mr. LARSON of Connecticut. Thank be out of there, and over 50 percent of reality and the resources that we must you, Mr. MEEKS, and also let me thank them think that it is okay to kill commit to this mission. Fighting the my colleagues across the aisle for the Americans. terrorists will require a strong com- solemnity of the debate that has taken Our troops need leadership that is mitment, and the road to victory will place over these last several days. I worthy of their sacrifice. It is impor- be long. Our partners in Iraq have stat- think it is so important to the con- tant that this Congress on both sides of ed their commitment to the mission, stituents that we are sworn to serve, the aisle, as it has done, understands and we must stand behind them. and they deserve to hear the voices the difference between the war and the At the same time, the Iraqis must that reside within the people’s Cham- warriors. continue to assume responsibility for ber. I conduct hearings back in my dis- their success as a nation and that our This debate, in so many ways, is an trict; I listen to what my constituents commitment is not open-ended. Suc- echo chamber for what Americans al- have to say. And, most earnestly, to cess in countering an insurgency large- ready know. They have found their those parents, those men and women ly happens outside of the realm of com- voice and expressed it in several man- who come to these hearings and talk bat. Security is only one aspect. ners and several forms, most notably in about their children in harm’s way: We must work on establishing frame- last November’s election, where they Carol Tripp of Bristol said it best, a works within Iraq that can keep the called for a new direction for this coun- woman with three of her sons and her

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE H1682 CONGRESSIONAL RECORD — HOUSE February 15, 2007 husband stationed in Iraq, who hasn’t in Korea, like we left in Vietnam, like share those day-to-day risks. Only a shared a holiday dinner with their en- we left in Somalia. handful here have relatives in Iraq liv- tire family since 2001. Osama bin Laden said that ‘‘in Soma- ing the life of the soldier I described. I define success by being able to look lia, the United States pulled out, trail- Mr. Speaker, as we have sadly into their eyes and tell them that the ing disappointment, defeat, and failure learned, the intelligence that took us best path forward is the safe, secure, behind it.’’ to war was wrong. Some of the most in- and strategic redeployment of our And we didn’t blink an eye when the accurate claims—that an operational troops so that our Army can regroup radicals bombed the Khobar Towers in relationship existed between al Qaeda and restore itself and proceed after the Saudi Arabia killing 20 and injuring and Saddam Hussein, that vast WMD people who took the towers down in 372; or after the Kenya embassy bomb- stockpiles existed with their locations systematic fashion to go after al Qaeda ings that killed 213 people and injured pinpointed—were presented by the ad- and continue to regroup. 5,000; or that same day at the Tanzania ministration as fact, even though the Mr. SAM JOHNSON of Texas. Mr. embassy bombing killing 11 people and Intelligence Community had discred- Speaker, I yield myself such time as I injuring 68. On October 12, 2000 the USS ited them. That was shameful. may consume. Cole bombing killed 17 and injured 39. Most intelligence agencies around You know, it is an honor to be here And we all know how they tried to the world thought, however, that Sad- today joined by Members of Congress bring down the World Trade Towers dam Hussein had WMD and the inten- who have served this Nation nobly both and didn’t stop until they completed tion to use it against his people and in the Armed Forces and today as the job September 11. U.S. interests. They believed it, and so statesmen and -women in the United All of these tragedies of terrorism did I. But they were wrong, and so was States House of Representatives. happened without a United States re- I. You know, there are lots of ways peo- sponse. The actions taken 4 years ago in Iraq ple can serve this country. Dedicating We can’t waver in our fight for free- created a failed state. We took out its time to the Armed Forces, the greatest dom. We cannot abandon the bedrock government and occupied the country, military in the world, can be some of of democracy; they are the brave and unsuccessfully. About one year later, the most fulfilling time in one’s life. I selfless men and women of our United millions of Iraqis courageously elected know, because I spent 29 years in the States Armed Forces. We will stand up a government, but that government United States Air Force; got called up with them. We must stand up with barely functions, and we continue to from my ROTC class at SMU and flew them. And I will stand up with them in occupy Iraq militarily. 62 combat missions in Korea in a plane Congress, because they stand up for our Mr. Speaker, there are no good mili- I named after my wife, ‘‘Shirley’s freedom every minute of every day. tary options left in Iraq. Texas Tornado.’’ They are the reason we call America To the soldier currently in harm’s In 1965, I left for my first tour in the land of the free and the home of the way, I say, ‘‘You are a hero. You are Vietnam, working for General West- brave. And I salute them. doing your best to follow orders and to moreland in the headquarters. In 1966 I Now, today I have the distinct privi- serve your country.’’ But I also say, returned again. And while flying my lege of managing time during this de- ‘‘We have given you a mission impos- 25th mission, I was shot down, landed bate. Each person joining me is a shin- sible, and that mission must change.’’ in the middle of a division of North Vi- ing example of duty, honor, country. We have a moral obligation to leave etnamese soldiers. And I know folks across America will Iraq in better shape than we found it, What followed for the next 2,494 days learn a lot from hearing about their and that will not be achieved by surg- can only be described as hell on Earth, stories and hearing why they know ing 21,500 more troops into Baghdad. or as my friend and fellow POW, Jere- firsthand freedom is not free. The surge will not work, and I oppose miah Denton did, blinked the letters of Mr. MEEKS of New York. Mr. Speak- it. one word in Morse Code into a movie er, it is my pleasure to yield 5 minutes But abandoning Iraq is not a viable camera as a desperate plea for help. to the Chair of the Homeland Security alternative. We must invest in strate- The letters made up the word ‘‘tor- Subcommittee on Intelligence, Infor- gies to contain and ultimately reduce ture.’’ Of my nearly 7 years in cap- mation Sharing, and Terrorism, the violence there in order to create sta- tivity, I spent more than half of that gentlelady from California, the Honor- bility in Iraq and in the region. That time in solitary confinement. able JANE HARMAN must now be our focus. As you can imagine, the North Viet- Ms. HARMAN. Mr. Speaker, I thank The Iraq Study Group made impor- namese would say and do anything to the Speaker and I thank the gentleman tant recommendations to do this, in- break our will. The physical torture is for yielding, and commend our leader- cluding changing the military mission not fit for describing as some of it is ship for organizing this very thought- in Iraq; tying future U.S. support to too graphic and too gory. There were ful and sober 3-day debate on a very se- measurable progress on national rec- many times that I would pray to God rious issue. onciliation; security and governance; that I would pass out and slip into un- Mr. Speaker, as Co-chair of the Blue and aggressive diplomatic outreach to consciousness just to escape the pain if Dog National Security Working Group, Iraq’s neighbors—including Syria and I couldn’t escape the beatings. I rise to oppose the surge and to sup- Iran. But this administration rejected Yet, what also scarred me for life was port tough and smart security strate- them. the emotional torture that the North gies, including those outlined in H. Two weeks ago, a Saban Center re- Vietnamese broadcast to taunt us and Res. 97, authored by the Blue Dogs, to port by Daniel Byman and Ken Pollack break our wills. They constantly blared end war profiteering, put future war carefully assessed options to contain anti-American messages from back costs on budget, and adopt a Truman the spillover from an Iraqi civil war. home over the loud speakers. The Committee to make those who have en- They include not trying to pick win- enemy knows that any anti-American gaged in fraud and abuse in Iraq ac- ners between the Sunnis and Shia; pull- murmur can be used as a weapon. And countable for their actions. ing back from population centers; pro- the same holds true today. As we conduct this historic debate, viding support for Iraq’s neighbors; and The enemy wants our men and however, I am mindful that, eight time laying down ‘‘red lines’’ to Iran. All of women in uniform to think that their zones away, crouched in a tank some- these ideas have merit. Congress doesn’t care about them, that where in Baghdad, a 19-year-old private Further good ideas come from David they are going to cut the funding and is doing his best to restore order to a Schaeffer, a former U.S. ambassador- abandon them and their mission. They city descending into all-out civil war. at-large for war crimes issues, to put want Congress to cave to the wishes of We owe this soldier, his mates, and the Iraqi Government on an ‘‘atrocity those who advocate a cut-and-run atti- their families so much. They volun- watch’’ and warn its leaders that they tude. And we should not allow that to teered to put their lives on the line to can be prosecuted for war crimes if eth- happen. keep this country safe. nic cleansing occurs. We must learn from our mistakes. We We in this Chamber also want to Mr. Speaker, the Bush administra- cannot leave a job undone like we left keep this country safe, but we do not tion has made calamitous mistakes in

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE February 15, 2007 CONGRESSIONAL RECORD — HOUSE H1683 prosecuting this war. The surge, I fear, important to remember that the Amer- Mr. MEEKS of New York. Mr. Speak- is yet another one. With this resolu- ican people have sent us here to solve er, the American people are indeed tion, Congress starts action to force a problems. Unfortunately, this resolu- looking at this debate. They want to change in strategy and to bring that tion makes no attempt to solve the know where their Members stand, sim- soldier in downtown Baghdad and his problems in Iraq. ply whether they support the troops comrades home safely—and soon If Congress believes that the Presi- and their position with the President Mr. SAM JOHNSON of Texas. Mr. dent’s plan can be improved on, then and his escalation, and we had the op- Speaker, I yield 51⁄2 minutes to the Congress has the responsibility to work portunity for every Member to speak Representative from Virginia, THELMA with the Commander in Chief to ensure out on that. That is what this House is DRAKE, who represents Norfolk and that the Iraqis are meeting stringent all about. We are doing our jobs. It is America’s Navy. benchmarks and are living up to their just the first step in many steps Mrs. DRAKE. Thank you, Congress- commitments. This resolution is best As a result, the American people man JOHNSON, for your service to our defined by what it lacks. This resolu- also, I am sure, will want to hear the Nation. tion fails to include the proposal for a distinguished gentleman from the Mr. Speaker, the past few years have bipartisan panel tasked with outlining State of Pennsylvania, the Honorable been increasingly difficult ones for the rigorous benchmarks and making sure MIKE DOYLE, who is the vice chair of American people, for our military fam- they are met so that our troops may the Telecommunications and Internet ilies, and, most importantly, for our return home in victory. Subcommittee of the Energy and Com- servicemembers in harm’s way. This resolution fails to specifically merce Committee. Our troops have done everything that protect the funding that our troops The SPEAKER pro tempore (Mr. PAS- has been asked of them, and more. need to execute the mission. This reso- TOR). The gentleman from Pennsyl- Their sacrifices are unimaginable to lution fails to condemn the terrorists vania is recognized for 5 minutes. many of us here on this floor. Through and insurgents who target both our Mr. DOYLE. Thank you. it all, the only thing that they have troops and Iraqis, and, most impor- Mr. Speaker, as someone who has op- asked is for our support through our tantly, it fails to reiterate that victory posed this misguided version from the words, through our prayers, and, most should always be the goal. war on terror from the very beginning, importantly, through our actions. We were told this week would provide I believe it is way past time for our During my two visits to Iraq, the an opportunity for every Member to go country to take stock of where we have question that I encountered from on the record, yet the majority has not been, where we are, and where we are servicemembers was, What are they allowed a Republican alternative that going in Iraq. I think it is important to saying back home? They watch C– would protect funding for the troops. remember how we got there. SPAN, and I know with certainty that How do the American people know President Bush told Congress and the they are watching us right now. where their Representatives in Wash- American people that Saddam had The resolution that we are discussing ington stand on funding for our troops weapons of mass destruction and was today is nonbinding and, therefore, when the majority will not allow that an imminent threat to the United merely symbolic within the Beltway. to be? States; that Saddam had ties to al The driving force behind it has more to The American people are anxious, Qaeda and the 9/11 attackers; that the do with the situation in Washington but they want progress, not defeat. invasion, occupation, and reconstruc- than it does the situation in Baghdad. They want to see their elected officials tion would cost us nothing; that Iraqi Yet, half a world away this resolution working together to ensure success on oil revenues would cover all the costs. will have demoralizing effects for those behalf of our troops. Simply inserting a So where are we today? We know men and women who we have asked to sentence, saying you support the that Saddam had no weapons of mass go into battle. troops, is not enough when your ac- destruction and that he posed no immi- It is important for the American peo- tions say otherwise. The consequences nent threat to the United States. We ple watching this debate to know that of retreat would be dire. This is under- know Saddam had no operational rela- this plan is currently under way. stood by our allies as well as our re- tionship with al Qaeda. Eighty percent The Second Brigade of the 82nd Air- gional partners who have spoken up of the Iraqi people want us to leave borne Division moved into Baghdad against withdrawal. their country. The invasion, occupa- nearly a month ago. According to the Iraq National Intel- tion, and reconstruction of Iraq will b 1145 ligence Estimate, it would result in an cost us at least half a trillion dollars, The Fourth Brigade of the First In- immediate increase in sectarian vio- not to mention the cost in human lives fantry Division is deploying this lence and genocide and has the poten- and international goodwill. month, with three more brigades set to tial to destabilize the entire region. More than 3,000 American soldiers arrive soon. That means that we are For decades, the instability in the Mid- are dead, more than 20,000 American not here today to discuss whether or dle East has repeatedly resulted in the soldiers are wounded. The burden of not the troops will go, we are dis- deaths of American citizens and the Iraq war is being borne exclusively cussing what message the troops will servicemembers, in places as far apart by our children and grandchildren who hear from us when they get there. as Beirut and Yemen, New York City, will bear the debt, and the families of Like many of my colleagues, I am and the Pentagon. our military personnel, who, at best, concerned about the current situation A retreat at this point in time could, experience long separations and ter- in Iraq. Last April, I witnessed the down the road, necessitate our troops rible worry, and, at worst, lose a be- election of the Iraqi Prime Minister. returning to an Iraq that is much more loved family member forever. Since that time, the Iraqis have failed dangerous than the one they left. I The invasion and occupation of Iraq to make acceptable progress, stabi- truly believe that the United States has alienated our allies, has called our lizing their nation, and strengthening has the most formidable military in credibility into question around the their democratic institutions. the world, not solely because of our world. It has soured Middle Eastern at- Many of us have concerns about the technological and tactical advantages, titudes about the United States and plan. Will Prime Minister Maliki live but because our men and women in uni- Western democracy. Finally, the inva- up to the commitments that he made form fight in the name of a free and sion of Iraq got us into a long-term in November? Does this plan get the Democratic people. They fight on be- bloody occupation of a country with no most out of the 21 trained and equipped half of freedom for all, knowing they significant connection to the war on Iraqi battalions deployed outside of have the full support and confidence of terror and diverted critical military Baghdad? These are reasonable ques- the American people. and intelligence resources from the tions, and ones I believe that are with- When we take that support away, we fight against al Qaeda. in the scope of Congress to discuss and strip our troops of the greatest weapon The recently released National Intel- resolve. in the fight against tyranny. I ask my ligence Estimate concluded that there I appreciate debate, and the Amer- colleagues not to vote for this resolu- is little prospect for political reconcili- ican people appreciate debate. But it is tion, but to once again work together. ation in Iraq at this time. So, what

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE H1684 CONGRESSIONAL RECORD — HOUSE February 15, 2007 should the United States do? What does Mr. PEARCE. Mr. Speaker, I rise in tion was vague, where people of very victory in Iraq mean at this point? opposition to this stay-the-course reso- different beliefs could believe that it Most of us would see victory as any lution, because it is, indeed, a stay the represented them. If you support the kind of political settlement that ended course. It says, blithely, that we sup- war, you believe that it supports your the violence, but the American people port the troops, the troops are in Iraq, position. If you are opposed, you will need to hear the truth, and the truth they are fighting. We support the fight. somehow believe that this is the one is, there is no happy ending for Iraq as We do not, on the other hand, support step that is going to stop us. long as our presence allows the Maliki an escalation, which would be another Yet it really does nothing, the vague government to avoid making the polit- course of action, nor do we present the language, that clever language points ical compromises necessary for peace other alternative that says bring them out, this is not a time for cleverness, it in Iraq. home. We can bring them home, in- is a time for decision, because I will be Now, the President has proposed a crease or stay the course, and so this a constant voice for our soldiers. I read significant increase in the numbers of stay-the-course resolution is one that and I hear the comments today. U.S. troops serving in Iraq. I believe is very curious indeed today. I read when Chrissie Hynde says, that Congress should oppose this esca- The last two speakers that I have ‘‘Let’s get rid of all the economic (ex- lation. I don’t believe it has any real heard say that there is no good mili- pletive) this country represents! Bring chance of producing a political solu- tary action left. That is a credible it on. I hope the Muslims win!’’ tion in the war in Iraq or even curbing viewpoint. It is one that is expressed, I hear from the left, William Arkin, the violence in Baghdad. and yet I ask my friends why did you ‘‘Those soldiers should be grateful that I am not alone in this belief. not have the courage to simply say, if the American public . . . do still offer General Colin Powell, General George there are no goodwill alternatives left their support to them, and their re- Casey, General John Abizaid, General for the military, then bring them spect . . . Joseph Hoar, General Barry McCaffrey, home. That is fair and adequate. ‘‘So we pay the soldiers a decent Major General Don Sheppard and Gen- I have also heard that it is a mis- wage, take care of their families, pro- eral James Conway all question this es- guided conflict. I have also heard that vide them with housing and medical calation. our soldiers’ work is done. If their care and vast social support systems Now, many supporters of the Presi- work is done, please have the courage and ship obscene amenities into the dent’s Iraq policy ask what those of us to bring them home. war zone for them, we support them in who oppose this military escalation I want to speak today on behalf of every possible way, and their attitude would support instead. This Member of our soldiers, the soldiers of today. I is that we should in addition roll over Congress believes that the United will do it while remembering the sol- and play dead.’’ States should begin an immediate or- diers of yesterday. Through no fault of b 1200 derly redeployment of our troops out of my own, I served in the Air Force dur- Iraq with the goal of completing that ing the Vietnam conflict. I say through Our friends on the other side of the redeployment by the end of the year. no fault of my own, because I was not aisle, I do not discount their intent, We should lead and enlist the partici- a volunteer. I got there because I drew but I know what they are trying to do. pation of all neighboring countries in a a very low draft number. As time has They are doing the same thing that massive diplomatic surge to help con- proved, it was going to be the only lot- was done in Vietnam: they are trying tain the civil war already underway, tery that I am going to win, but that to feed that hungry tiger that lives on and that diplomatic surge should in- lottery gave me a free pilot’s certifi- the left, that hates the American way clude all the countries in the region, cate and sent me to Vietnam to fly in of life, that hates the American mili- including Iran and Syria. The only way 1971, 1972 and parts of 1973. tary, that will do anything to dis- to bring stability to that region is I was in Vietnam during the time credit, disrespect, and discount the through a regional effort. that Jane Fonda made her trip to the service of our soldiers. Our troops have performed with cour- North, giving aid and comfort to the My friends, you will not be able to age, compassion, and professionalism. enemy. I was in Vietnam during the appease the left with this toothless res- They did everything that was asked of time that there were demonstrations in olution that you are presenting. You them. Their work in Iraq is done. We the streets back home. I was there dur- know that your own Members, some of gave the Iraqis their freedom. It is up ing the time that our soldiers were your Members, have called for to them to decide what they will do cursed at and spit on. Today, as I beat defunding; but defunding is going to with it. around the back dusty roads of New allow the exit that looks like this, and It is time for the Iraqis to take re- Mexico, I encounter those same sol- it is going to allow the mass catas- sponsibility for their own security. It diers that I encountered back then. For trophe, the mass killings that are is time for Iraqis to decide if Shiites, those soldiers who are my age, who are going to occur, and that is all part of Sunnis and Kurds wish to share re- on walkers, life has been difficult. the problem. sources, share power, and coexist There is a common greeting for sol- But before you allow your friends, peacefully as one country. diers of that era. It is welcome home, who would never vote for me, who dis- America cannot force them to do brother, or welcome home, sister, be- respect our soldiers so much, before this, no matter how long we stay there. cause they were never thanked for you empower them and before you en- Only the Iraqi people can decide this. their duty and they were never wel- courage them, I would recommend that Mr. Speaker, it is time. The Amer- comed home with parades with yellow you think carefully about just cleanly ican people have known for quite a ribbons. We were snuck back into the bringing our soldiers home. while it is time, and I believe this week country. If you are going to do nothing in the that finally the United States Congress I have brought a couple of photos to resolution, you have an obligation to will take the first step to bringing our help us remember, to remember the do no harm. This resolution does no troops home by adopting this resolu- people who were trying to get out of harm. This resolution empowers our tion Saigon, not just Americans, but those enemy, encourages our enemy, and en- Mr. SAM JOHNSON of Texas. Mr. people who had sided with us. They are courages people who are going to dis- Speaker, at this time I would like to crawling up the ladder trying to get respect our soldiers. I recommend a yield 6 minutes to the gentleman from into the helicopter. The helicopters vote against the resolution. New Mexico, who was a pilot in the proceeded out to carriers, then the hel- Mr. MEEKS of New York. Mr. Speak- United States Air Force, serving in the icopters were pushed off the side of the er, I know of no one in this House, Philippines, received a Distinguished carriers. This is the way we left Viet- whether you be to the left or to the Flying Cross and an Air Medal before nam. right, who does not believe in our returning to the United States. I bring this up because I am begin- troops and our soldiers, who does not (Mr. PEARCE asked and was given ning to see the same thing today. My respect them and honor them. In fact, permission to revise and extend his re- colleague yesterday spoke of this reso- I think that by having every Member marks.) lution and mentioned that the resolu- have the opportunity to speak on this

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE February 15, 2007 CONGRESSIONAL RECORD — HOUSE H1685 floor to talk about their patriotism is The words of our adversaries in this Ms. BERKLEY. Mr. Speaker, almost exactly what is supposed to happen in debate have often been very short, but 4 years ago our brave men and women the people’s House. their true conflict is not really with us; in uniform defeated the armed forces of With that, I am proud to yield 51⁄2 it is with reality. They are in a losing a brutal tyrant, and he has been minutes to a man who was one of the war with the truth. Iraq has never been brought to justice. leaders in opposition to giving the the central front in the war on ter- In the years since Saddam’s fall, our President the authority to unilaterally rorism. Like the alleged connection be- troops have won thousands of battles, go into Iraq, a man who is steady and tween 9/11 and Iraq, like the claim that taken numerable objectives, built effective on the Ways and Means Com- Saddam’s nuclear mushroom cloud was schools and utility systems, and pro- mittee, the gentleman from Texas, the looming just over the horizon, this vided all types of humanitarian relief Honorable LLOYD DOGGETT charge is but another falsehood foisted in countless villages, towns, and cities Mr. DOGGETT. I thank the gen- off on the gullible. ravaged by sectarian violence. But now tleman. The central front on the war on ter- our fighting men and women are thrust This debate is late, very late, thou- rorism was largely abandoned by Presi- into a civil war that pits religious and sands of deaths too late. This esca- dent Bush in his ideological rush to in- ethnic factions against each other. lation scheme is an unmitigated dis- vade Iraq. Vital resources and expertise Lurking amid Iraq’s civilian popu- aster. that were needed to capture Osama bin lation, they mercilessly kill their fel- President Bush seems determined to Laden and the terrorists who caused 9/ low Iraqis. continue to make the same old mis- 11 were cut in Afghanistan when Presi- These fanatical killers plant thou- takes, just make them a little bit big- dent Bush ran into Iraq. The real war sands of explosive devices and crouch ger; defying sound military judgement; on terrorism suffered a major setback in thousands of ambush positions to at- defying the Iraq Study Group; defying from which today it has still never re- tack our troops, who seek to replace the wishes of our allies and the Iraqis covered. That is the only ‘‘cut and run’’ senseless sectarian violence with a themselves; and, most particularly, that now endangers our families. Nor measure of stability so that the dys- defying the will of the American peo- does this debate in the people’s House functional and deceitful Maliki govern- ple. embolden the enemies of democracy ment can survive. To fight and die in This President continues to pursue a when we exercise democracy here in the middle of an Iraqi civil war fueled go-it-alone strategy in Iraq. Like most America. by centuries-old religious hatred is not every problem that he has created, and To me, the terrorists seem mighty why we sent our troops into harm’s there are many, he seeks only to pass emboldened with their daily death and way. it along to his successor, who we will destruction that they wreaked across Our troops have stepped up for 4 elect next year—pass along in this case the Middle East long before anyone years. They have paid the price in what is no doubt the most colossal forever conceived this resolution. Frank- blood. Now is the time for Iraqi au- eign policy failure in American his- ly, it is the administration that is the thorities to step up. If they are ever to tory. terrorists’ top recruiter. do so, it will be only after they under- The administration’s top budget offi- As we predicted at the outset, this stand that it will be their blood, not cial told me in a hearing just last week war is creating new generations of ter- the blood of young Americans, that that ‘‘the best minds in the Pentagon’’ rorists who view it as a war against all will be shed to stop the horrific sec- see no need to fund this escalation, Islam. We cannot kill our enemies fast tarian violence that is tearing Iraq which has not yet really begun, for enough with the current policies cre- apart. more than another seven months. In ating more of them every day. Throwing 20,000 additional Americans truth, our military has been so over- And now this President is stoking into the carnage of a Sunni-Shiite civil stretched that it cannot sustain a pro- the flames of war with Iran. Ironically, war can only allow the Iraqi Govern- longed escalation, even when it un- that is the only country in the world to ment to continue to shirk its responsi- fairly recalls inadequately supplied have directly benefited from his at- bility for the security of its own peo- troops for a second, third, and fourth tacking Iraq. Widening the war to Iran ple, as they continue to use our troops tour of duty. Little wonder that the with the macho slogan that ‘‘boys go to to eliminate their adversaries rather Secretary of Defense, Mr. Gates, admit- Baghdad, but real men go to Tehran’’ than sitting down and negotiating with ted last week that he is already look- risks an even wider, even more them to share power and oil revenue. ing for another plan after this esca- destabling debacle that can eventually After the election, the President said lation falls short. involve our families in a third world he heard the concerns of the American This week, this House, we say ‘‘stop war. people and he promised a new plan for the increase.’’ And next, we must begin Having failed entirely to learn any victory, but what he has proposed is the decrease with a phased withdrawal lessons from Vietnam, this administra- merely a continuation of the same from Iraq. We should not act precipi- tion seems to already have forgotten failed policy. Sending 20,000 more tously, but we must move very expedi- our experience in Iraq. Some here who American troops to Iraq will do noth- tiously to extract our troops from the profess to be conservative have been ing to further the cause of victory. It crossfire of the warring factions in this very liberal with billions of misspent will only prolong the agony. civil war quagmire. taxpayers’ dollars and very liberal with Our mission in Iraq remains depend- To our troops, whose courage we the blood of others in the sand of Iraq. ent on a viable Iraqi Government with honor today in this very resolution, we President Bush was absolutely cor- both the ability and the will to con- say to you, those of who you who are rect when he personally declared his front the extremists that are tearing out there on the front lines today, we war in Iraq to be a ‘‘catastrophic suc- that country apart. The Maliki govern- will do everything we can to protect cess.’’ He has certainly been successful ment has demonstrated neither the you; but we will also be working as at creating one catastrophe after an- ability nor the will to take the action hard as we can to bring you home safe- other in Iraq. necessary to bring an end to this sec- ly to your families sooner rather than Our Nation is great enough with suf- tarian bloodshed. later. ficient resources and creativity to The Members of his government at There is a better way to show support change course, but each day we delay the highest levels and Maliki’s strong- for our troops than just sending more we sink further into a quagmire from est supporters are using their office to of them to be killed. There is a better which fewer and fewer choices remain. aid the insurgents and are directly in- way than continuing to give this Presi- We must step back from the abyss volved in the sectarian violence grip- dent a blank check for war funding. Mr. ACKERMAN. Mr. Speaker, I ping and destroying Iraq and killing Unless we move forward to place firm yield now 5 minutes to a longstanding our troops. limitations on the appropriations, we member of the Foreign Affairs Com- At a time when we should be doing will leave this war-making President mittee and presently a member of the everything we can to promote diplo- constrained only by DICK CHENEY’s Ways and Means Committee, the gen- macy in the Middle East, our attention imagination. tlewoman from Nevada (Ms. BERKLEY). to resources have instead been focused

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE H1686 CONGRESSIONAL RECORD — HOUSE February 15, 2007 on a civil war in Iraq which threatens goals of America, our allies or the Iraqi leaders with a chance of success in to envelop the surrounding nations and people. Iraq. Second, it begins this Congress further inflame the region. Congress is spending an entire week down a path which ends with cutting The effect of this open-ended conflict on a nonbinding resolution that, even off funding for our troops and aban- on our military preparedness cannot be if it passes, will not change the course doning our foreign policy because of overstated. We have zero active duty or of action in Iraq. Our time could have failed congressional fortitude. I am op- Reserve brigades in the United States been spent much better debating real posed to the resolution and opposed to that are combat-ready. One quarter of issues, such as how to most effectively our micromanaging of the war on ter- our troops deployed in Iraq are Na- win the war that terrorists are waging ror. tional Guard and Reserves. Our Guard on us. Mr. ACKERMAN. Mr. Speaker, I am units are stretched so thin, only 30 per- Now, personally, I am skeptical that pleased to yield 5 minutes to a member cent of their essential equipment re- an increase of 20,000 troops will make of the Ways and Means Committee, as mains. These units are the ones we de- the difference and that it will stabilize well as the Judiciary Committee, the pend on in case of domestic emergency. Baghdad and Iraq. But, for me, the distinguished gentleman from Ala- By further extending our commitment question is, to whom should we listen bama, ARTUR DAVIS. in Iraq, we are compromising our safe- regarding operational decisions in Mr. DAVIS of Alabama. Mr. Speaker, ty here at home. Iraq? Should we listen to the rec- approximately 24 hours from now, this In my home State of Nevada, one- ommendations of the U.S. military or House will bring this debate to a con- third of our Guardsmen have served in to the politicians in Washington? clusion and it will vote. And the vote, Iraq, and with this surge they will face And as an Air Force veteran, I think based on everything we expect, will be the possibility of further tours and ex- we should accept the recommendations an overwhelming one. It will include tended time away from their families. of our military. And in that respect, 2 people from the left of this House, the I commend our troops for their brav- weeks ago the General in command of right of this House, it will include peo- ery in carrying out their mission. They ground forces in Baghdad said, and I ple from both political parties. It will have not let us down; we have let them quote, ‘‘By bringing more troops in, it include people who supported this war down. We cannot ask them to continue provides us the opportunity to work and who believed in it 5 years ago, and their sacrifice while we wait for the with them, to provide more time to de- it will include those who have ques- Iraqi Government to step up. feat this threat, which is both an al tioned it from its inception. I remain opposed to a fixed timetable Qaeda threat as well as sectarian vio- And there is a reason for this con- for the withdrawal of U.S. troops from lence.’’ sensus, Mr. Speaker. There is broad Iraq, and I realize the grave con- I have visited in Germany in the agreement on several things in this sequences we face if our mission fails. medical facilities with our wounded House. There is broad agreement that But that does not mean that I will give troops from Iraq. A member of my fam- we have been caught in the cross-hairs a blank check to the President for a ily served a year in a combat zone in of a civil war between two sets of rad- surge when he has not given us a clear Baghdad, and I am incredibly proud of ical Islamist fundamentalists, neither understanding of why such an increase our men and women in the military. of which shares our values. is needed or how it will help us suc- They are talented. They are dedicated. There is broad agreement in this ceed. They are professional and they are the House that the human and material President Bush has yet to put forth a best in the world. And we owe them a cost of this effort has gone too high, strategy that outlines where we are tremendous debt of gratitude. and there is broad agreement in this going, how we are going to get there, Now, even though it is nonbinding, House that the moral obligation is not how long is it going to take, how much there is, I think, a large omission in to put 21,000 more soldiers into harm’s is it going to cost, and at what sac- this resolution. While it does com- way; but to do the opposite, to begin rifice to the American people. He must pliment the actions of our military the process of pulling our men and define the meaning of victory before it men and women, nowhere does it com- women out of this cauldron that is now is too late. ‘‘Mission accomplished.’’ mit to continue providing funding for Iraq. ‘‘Bring them on.’’ ‘‘Stay the course.’’ troops in the field. And at a time when And there is broad agreement on one And ‘‘we will stand down when the some in this town are talking about other point, Mr. Speaker. It is this: Iraqis stand up.’’ Our campaign slogan cutting off funding for our troops, I that the President of the United States is not ‘‘thoughtful strategies for vic- think we should commit to providing is wrong to say that it doesn’t matter tory.’’ full funding for our Armed Forces as to him what this Congress thinks, or The President has failed to make the long as they are in the field. what this country thinks. case for sending 20,000 more U.S. troops Now, there is no guarantee that this I am reminded, Mr. Speaker, I am into a civil war with an open-ended troop buildup will be successful, or one of the younger Members of this mission and a bull’s-eye on their back. that the Iraqis will succeed in finally House, I was in college a little more re- I say yes and thank you to our troops, taking over the security situation in a cently than some of my colleagues. and I say no to the surge. I ask my col- responsible way. But what we do know I had a very esteemed professor back leagues to join me in doing the same is, at this point there is not a better in the 1980s named Richard Newstadt for the good of our families, our mili- plan proposed which has a chance of who wrote about the American Presi- tary and our Nation. victory. And we also know that failure dency for a number of years. And one Mr. SAM JOHNSON of Texas. Mr. in Iraq threatens the security of the night he invited all the freshmen in the Speaker, I would like to recognize Mr. United States, the security of the Mid- class to come over and to have a dia- PAUL GILLMOR, who is a United States dle East, and, in fact, the whole world. logue with him about the future of the Air Force veteran. And he was a judge Early last year I had the privilege of Presidency. And a number of us said to advocate, so he knows some of the leading a delegation to Asia, where we him, Mr. Newstadt, what do you fear legal problems involved in this thing. I met with the Prime Ministers of India, about the Presidency of the United would like to yield him 5 minutes. of Thailand and Singapore. And those States? And it is interesting what he (Mr. GILLMOR asked and was given are all countries that are now and have said, and it is relevant today. He said, permission to revise and extend his re- been under terrorist attack. All of I don’t fear that someone corrupt will marks.) them agreed with the need to cooperate become President one day. I don’t fear Mr. GILLMOR. I thank the gen- for security purposes, and with the im- that someone incompetent will become tleman from Texas, who is a real Amer- portance of winning the war against President. There are too many guard- ican hero, for yielding me the time. terrorism in Iraq because of the con- rails built in the system. The process is sequences of not winning would have too exacting for that to happen. But b 1215 on the rest of the world. what I fear, he said, is that one day Mr. Speaker, the resolution we are Mr. Speaker, this resolution has two someone will come in that office who is considering does not do a single thing purposes. First, it rejects the only plan absolutely convinced he is right about to help our troops or to achieve the which has been suggested by military something on which he is absolutely

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It is not, and the resolution be- women, making America more secure strong. fore us today does nothing to resolve and achieving the victory our military Ladies and gentlemen, Mr. Speaker, this conflict, does nothing to reduce personnel are putting their lives on the several of my colleagues on the other the loss of American life, does nothing line for. side of the aisle have said that this res- to stabilize Iraq and does nothing to Mr. ACKERMAN. Mr. Speaker, at olution carries no weight, no legal or advance our security. this time I yield 5 minutes to the moral force. I will tell you the weight I would like to use my time today to chairman of the Energy and Water Ap- that this carries, my friends. Twenty- relate some of the comments that I propriations Subcommittee, the distin- four hours from now, 65 percent of the have received from my constituents in guished gentleman from Indiana, Rep- Members of this Chamber will send a the Fourth District of Michigan. From resentative PETER VISCLOSKY. signal to the American people that we Big Rapids: ‘‘The Congressmen and Mr. VISCLOSKY. Mr. Speaker, I rise have heard their voices. That is a pow- women who are opposed to these plans today in support of this resolution and erful thing when I think of all the peo- should come up with better solutions! express my profound disapproval of ple in this country who sent a clear Don’t penalize our military men and President Bush’s decision to increase signal, last November 7, that they were women by making politics a part of our troop levels in Iraq. not heard. their safety and well-being!’’ Late last year the President had an And I end with this point. A number From my hometown of Midland: opportunity to create a new strategy. of my colleagues in this debate, our ad- ‘‘Please stop playing politics with our The voice of the American people was versaries in this debate have said that lives and the lives of young people who heard at this past election. The voice there is a group in Washington. There are defending our country.’’ of the Iraq Study Group gave the Presi- is a group of people on the left. Some of From Alma: ‘‘I am sick of the par- dent a bipartisan plan to draw down you have said there is a group on the tisan politics. We went into Iraq our troops. New leadership at the Pen- other side of the aisle who want to united, but we have let politics divide tagon also could have been a voice of defund, or who don’t somehow have the us. It is time to realize some things are change of strategy. But President Bush strength, the fiber, to support our bigger than the political parties!’’ did not listen to any of these voices. He troops. Friends, we may often disagree. But decided to escalate our troop levels in I remind you, my friends, your dis- the facts are, regardless of how it Iraq. No time frame, no measurable agreement is not with the Democratic began, and irrespective of the benefit benchmarks, no end. Caucus. It is not even with the 50 or so of hindsight, we are at war and Iraq is Mr. Speaker, if President Bush choos- in your ranks who will vote for this the central battleground. es an erroneous path, then it is our resolution. It is a disagreement with Islamic extremists are waging a jihad constitutional responsibility to show the 65 percent of this country. It is a against us, and they are struggling to the way. disagreement with the people in my make Iraq a base camp. Our focus must I have the deepest respect and grati- very conservative State of Alabama, 60 be on winning; and, disturbingly, I see tude for our women and men in uni- percent of whom now think this war is no mention of winning, succeeding, or form. I honor their commitment, their wrong and who say to me, Mr. DAVIS, victory in this resolution. That in why on Earth have we taken sides in a courage and their sacrifice. itself is telling of just how the other battle between radical Islamic fun- b 1230 side perceives this conflict: not in damentalists? Why is a blood feud be- terms of defeating an enemy of Amer- Our troops have done everything we tween Shiia and Sunni worth the spill- ica, but in terms of defeating a polit- have asked them to do. They over- ing of American blood? ical foe. whelmed the old Iraqi Government and They are the ones you are saying are captured Saddam Hussein. They pro- wrong. They are the ones you are say- Our troops deserve better. The Amer- ican people demand more from their vided security while Iraq formed its ing lack strength. provisional government, approved a So, Mr. Speaker, I simply end by leaders. constitution, and elected a permanent thanking my colleagues who had the Again, in the words of one of my con- government. good judgment to be right about the fu- stituents from Bannister: ‘‘I hope Con- Nine individuals from the First Con- tility of this war from the outset, by gress is tough enough to do what gressional District of Indiana have al- thanking the colleagues who were works, not just what is politically cor- ready given their lives and made the wrong 5 years ago and are right today, rect. We need to move carefully and de- and by asking one last thing. liberately, showing a united front, or supreme sacrifice for our Nation. These The President of the United States, we are again going to be the victims of brave men and women will always be who brags that he has watched none of some outrageous terrorist attack.’’ remembered: Sergeant Jeanette Win- this debate, if he could only hear just Sadly, the new majority does not ters; Specialist Gregory Sanders; Ser- one plea from debate, that he listen to seem to understand what so many geant Duane Rios; Specialist Roy some fact, some evidence, because, Mr. Americans readily grasp. ‘‘If you sup- Buckley; Private First Class John Speaker, this is the problem that we port the troops, you must support the Amos, II; Private Luis Perez; Private face with this President. No set of mission or you send the wrong message First Class Nathan Stahl; Corporal facts, no set of truths can tell him that to the enemy,’’ as it was so aptly put Bryan Wilson; Private First Class Ste- he is wrong. Tomorrow this Chamber by a constituent from Ashley. ven Sirko; Specialist Nicholas Idalski; will tell him so From Farwell: ‘‘Congress needs to Specialist Adam Harting; and Staff Mr. SAM JOHNSON of Texas. Mr. get behind the President and help, not Sergeant Jonathan Rojas. Speaker, I would like to yield 5 min- hurt, the morale of the soldiers that I am so proud of the dedication and utes to DAVE CAMP, a fellow Member of are fighting. They believe in their mis- service of the people of my State in the Congress from Michigan, and a fellow sion!’’ United States military. We owe them a member of the Ways and Means Com- And I believe in them, which is why commitment equal to their courage. mittee, one of the ranking members. I cannot and will not support this reso- We owe them the courage to act on our Mr. CAMP of Michigan. Mr. Speaker, lution. conviction. I want to thank the distinguished gen- As I conclude my remarks, I want to With the passage of 4 years and the tleman for yielding, and I want to leave you with two comments. The loss of over 3,000 brave Americans and thank him also for his distinguished first is from Traverse City: ‘‘We should countless others who have been perma- service in the United States Congress, all pull together and get the job done.’’ nently injured, I regret to recall that the United States Air Force, seven of And the second, from an airman from we were told we needed to invade Iraq those as a prisoner of war. Corunna: ‘‘Thank you for the much because Saddam Hussein possessed ma- Mr. Speaker, I rise today in opposi- needed support of me and my fellow terials for weapons of mass destruction to this nonbinding resolution. And airmen.’’ tion. None could be found. I regret that

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE H1688 CONGRESSIONAL RECORD — HOUSE February 15, 2007 the President felt compelled to justify turns out that at the end of the hear- I have more examples here, but one the invasion by claiming a connection ing, each of the three of them had a dif- that we have heard over and over and between al Qaeda and Saddam Hussein ferent idea about what we ought to do. over again in various forms was stated when the 9/11 Commission found this None of them supported what the by one of our colleagues yesterday say- was simply not true. President had been doing. One of them ing: ‘‘Our President, again, is ignoring Our situation in Iraq has redirected sort of supported what the President . . . members of the bipartisan Iraq our Nation from its true mission. The was doing. But each of them had dif- Study Group who opposed this esca- war in Iraq has diverted our attention ferent ideas. They had an opinion, ar- lation.’’ from the global war on terror. We need guably an informed opinion, but an This is the book. I commend it to to reconstitute our Armed Forces. We opinion nevertheless. every American. also need a strategic redeployment of And on this floor we have heard more I would like to quote now from my our forces that will give us the ability opinions. We have heard people say, I dear, dear long-time friend and hunting to focus our efforts directly on the don’t agree with this; I think this is a partner, the former Secretary of State, global terror networks that target in- bad idea; or I think this is a good idea. James A. Baker III, who said on Janu- nocent people around the world. We have heard some people say I have ary 30 of this year: ‘‘This is the lan- I voted against the authorization of a better idea; or I am a member of a guage and all of the language of the re- the Iraq invasion in 2003. There was no caucus who has a better idea; or I pro- port with respect to a surge: ‘We could, plan or exit strategy then, and there pose this; or I think that. And it kind however, support a short-term rede- are clearly no good options now. Yet of reminds me why it is a very bad idea ployment or surge of American combat the Iraq Study Group provided a bipar- to conduct a war by committee. But I forces to stabilize Baghdad or to speed tisan perspective on some changes in fully acknowledge that people are al- up the training and equipping mission strategy. They called for a drawdown lowed to have opinions and certainly if the U.S. commander in Iraq deter- of troops and for intensive diplomatic every Member of this body can have an mines that such steps would be effec- efforts to resolve the sectarian vio- opinion. tive.’ The only two conditions are lence there. We need to listen to their I remember the principal author of ‘short term’ and ‘the commander in recommendations. this resolution before us, the distin- Iraq determines it would be effective.’’’ Mr. Speaker, it is not too late to guished chairman of the Armed Serv- Both of these conditions have been change our strategy, and the first step ices Committee, stood up on the other met. along the new way is to prevent the side of the aisle here on the first day of There have been many claims of fact President’s escalation of this war. It is this debate and he said, ‘‘Everybody is which I have some counterarguments time to obligate the Iraqi Government entitled to their own opinions but not with. to assume the full burden and con- to their own facts.’’ So I would just I would just say to all of my col- sequences of governing their country. like to take a little bit of my remain- leagues that I would concur with We need to listen to the majority of ing time here to talk about some of the Chairman SKELTON that we are entitled the American people. We need to listen claims and some of the facts that have to our own opinion. We can certainly to reasoned voices such as the Iraq been brought forward in this debate. express it. But we are not, in fact, enti- Study Group. The time to pursue a new One of the proponents said the new tled to our own facts. So let’s stick to course is now. I support our troops, and plan ‘‘ignores the recommendations of the facts. that is why I support this resolution. the military commanders on the Mr. ACKERMAN. Mr. Speaker, I Mr. SAM JOHNSON of Texas. Mr. ground.’’ How many times have we yield at this time 5 minutes to the dis- Speaker, I would like to yield 51⁄2 min- heard that in these two days? Well, tinguished chairman of the Science utes to the great Congressman from what is the truth? General Petraeus, Committee, Representative BART GOR- the State of Minnesota, an ex-Marine, the new commander of the multi- DON of Tennessee. JOHN KLINE. national force in Iraq, confirmed by the Mr. GORDON of Tennessee. I thank Mr. KLINE of Minnesota. Mr. Speak- Senate with no dissenting votes, said: my friend for yielding. er, I thank the gentleman for yielding. ‘‘If we are to carry out the multi- Mr. Speaker, as I have watched this I will overlook the ‘‘ex-Marine’’ slight. national force-Iraq mission in accord- healthy debate over the last 2 days, I Never an ex-Marine; always a Marine. ance with the new strategy, the addi- keep thinking about an e-mail that I It is a tremendous honor for me tional forces that have been directed to received from a lady in Springfield, today to even be on the same floor as move to Iraq will be essential . . . ’’ He Tennessee. You would never accuse this great American here. We heard said that last month. this woman of not supporting the earlier today the hardship of some of General Odierno, a new U.S. com- troops because her husband was a sol- our servicemen and -women missing a mander, Corps commander, says: ‘‘This dier serving in Iraq. He was a month holiday with their families, and I know is about Iraqis taking charge of their from returning home to his wife and in my 25 years in the Marines I missed own security. In order for them to do his two daughters, but he was ordered a number of those. But there is nobody that, we have to buy them time to con- to stay in Iraq for another 6 months be- who has missed more holidays with his tinue to train and for the government cause our troops are spread so thin. He family than this great American next to become more legitimate to the eyes hasn’t been home since October of 2005. to me. of the Iraqi people. They are doing that These are the words that she wrote to We have heard a lot of speeches dur- by moving forward. By bringing more me: ‘‘Mr. Gordon, we need to help other ing this so-called debate. I am not sure troops in, it provides us the oppor- countries, but there are already 3,000 how much real debate there is, but cer- tunity to work with them, to provide families in America whose lives will tainly a lot of speeches. Some of them more time, and defeat this threat, never be the same. I want, need, and have been very eloquent. I think of Mr. which is both al Qaeda threat as well would love to see my husband again.’’ MCHUGH the other night giving one of as sectarian violence.’’ Mr. Speaker, this lady supports the the best speeches I have ever heard on Even General Casey last month said troops. I support the troops in Iraq, and the floor of this House. Some of them he thought we needed more troops. I believe everyone in this Chamber sup- have been partisan. Some of them have Another claim has been by one of our ports our troops. They perform their been shrill. Some persuasive; some not. colleagues: ‘‘Prime Minister al-Maliki missions with bravery and honor, and I We have heard a number of opinions ex- has indicated in virtually every way he commend them for the job they are pressed, and it reminds me a week or so can that he too opposes the surge.’’ doing. But I am unconvinced that de- ago we had a hearing in the Armed And yet on January 13, Prime Minister ploying more troops and spending more Services Committee and we had three Maliki said: ‘‘The strategic plan an- money is the right strategy. And I am experts, Ph.D.s all of them, experts in nounced by U.S. President George W. not the only one. General Colin Powell the field of international relations and Bush represents the common vision said in December: ‘‘I am not persuaded military operations. and mutual understanding between the that another surge of troops into Bagh- One of them, the former Secretary of Iraqi Government and the U.S. Admin- dad for purposes of suppressing this Defense under President Clinton, and it istration’’? civil war will work.’’

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE February 15, 2007 CONGRESSIONAL RECORD — HOUSE H1689 General George Casey, the former have heard their stories and have been hum- united front against elements that seek to de- commander of U.S. forces in Iraq, said bled by their struggles, their heartbreaking stabilize Iraq, and thus bring added pressure last month: ‘‘It’s always been my view loss, and their inspiring instances of achieve- to bear on those actors. Lastly, a multilateral that a heavy and sustained American ment. I have come away from each of these agreement would provide for the formation of military presence was not going to visits with profound gratitude for their sac- a forum in which current and future regional solve the problem in Iraq . . . ’’ rifices and their professionalism. security, political, and economic issues regard- In December it was reported that the Serving in defense of the United States ing Iraq’s continued development can be dis- Joint Chiefs of Staff unanimously dis- does not come without heartache and sac- cussed and addressed. The establishment and agreed with the concept of troop esca- rifice. Eighteen servicemembers from Guam maintenance of conciliatory relations between lation. and our neighboring islands in the Pacific, Iraq, its neighbors, regional states and the General Colin Powell, General George Saipan, Pohnpei, and Palau, are among the international community is essential to stabi- Casey, and the Joint Chiefs of Staff, more than 3,000 reported by the Department lizing Iraq internally. these are men who support the troops. of Defense to have made the ultimate sacrifice As the debate today on H. Con. Res. 63 Yet these American generals, the Iraqi in the Global War on Terror. Our island com- continues, I take this opportunity to call atten- Study Group, and the Iraqi Prime Min- munities united to mourn the passing of each tion to H.R. 744 and the various other legisla- ister have all opposed this troop surge. one of our sons and daughters, as we mourn tive proposals that have been brought forth by We have had four other surges since the loss of all servicemembers. We will con- members of this body to help us bring Oper- we first went to Iraq. None produced a tinue to provide support to grieving families ation Iraqi Freedom to a conclusion. In the lasting change on the ground. In Octo- who suffer the burden of these losses. Every weeks ahead I hope that this body will seri- ber more combat troops were sent into American owes a debt of gratitude—albeit an ously consider these measures. It is very dif- Baghdad to fight the growing violence un-payable one—to our fallen and injured ficult to consider the merits of the President’s there. Unfortunately, the sectarian vi- servicemembers and their families. decision to deploy additional troops to Iraq at olence has only grown worse. Many The year 2007 also will be witness to more this time without having received from the Ad- have endured great sacrifices in the 4 tours of duty in Iraq, Afghanistan and the Horn ministration a comprehensive plan that clearly years this war has been waged. More of Africa for our active duty, Guard and Re- communicates to the Congress and the Amer- than 3,000 Americans have lost their serve servicemen and women. For some it will ican people exactly what is necessary to com- lives; 23,000 more have been wounded. be their second, third, and fourth tours of duty plete the mission of Operation Iraqi Freedom. We have spent more than $350 billion in those theaters of operations. This is a lot to Mr. SAM JOHNSON of Texas. Mr. with many billions more to go. We ask even of the world’s finest fighting men and Speaker, at this time I would like to have been in Iraq longer than we were women. They serve proudly and their morale yield 3 minutes to Representative JOHN involved in World War II. And there is remains high and their fighting spirits remain SHIMKUS from Illinois. He is an ex- no end in sight. strong. God bless their families and friends Army Academy graduate and served in For 1,300 years Sunnis have been who remain behind supportive and proud of the United States Army and still is in fighting Shias. Now is the time for the their loved ones. the Reserves. Iraqis to take more responsibility for We owe our servicemembers and their fami- (Mr. SHIMKUS asked and was given securing the peace in their own nation. lies our best efforts toward helping our Armed permission to revise and extend his re- No one has offered any evidence that Forces achieve an expeditious and honorable marks.) 20,000 more American troops would completion to Operation Iraqi Freedom. This Mr. SHIMKUS. Mr. Speaker, these change the direction of a 4-year-old should be a primary goal for all of us. But the are real e-mails from veterans, active war or 1,300 years of history. situation in Iraq will not yield a solution easily. duty members, and National Guard and Mr. ACKERMAN. Mr. Speaker, it is Nevertheless, the President, in consultation Reservists: now my pleasure to yield for the pur- with this Congress, must endeavor to find one. ‘‘John, my son, a Marine gunny ser- pose of making a unanimous-consent And it is for this reason that I introduced H.R. geant embedded with the Iraqi Army request to the distinguished Congress- 744, the Iraq Policy Revitalization and Con- around Rimadi, called a few weeks ago. woman from the U.S. territory of gressional Oversight Enhancement Act. H.R. I asked him if he knew about the Presi- Guam, MADELEINE BORDALLO. 744 also would aim to revitalize U.S.-Iraq pol- dent’s plan for more troops. He hadn’t (Ms. BORDALLO asked and was icy; would require the President to provide to heard about it, but his only comment given permission to revise and extend Congress a plan that addresses the whole of to me was ‘We can use them.’ Please her remarks.) the challenge in Iraq; would improve congres- support the President and the troops. Ms. BORDALLO. Mr. Speaker, I rise sional oversight of Operation Iraqi Freedom It may be our last, best chance to win in support of H. Con. Res. 63. and events in Iraq; would seek to increase the this thing. Winning is the imperative. I rise today to acknowledge and honor the commitment made by the international com- Semper Fi.’’ service and sacrifice made by military and ci- munity to the stability and security of Iraq; and And another: ‘‘We have to let our vilian personnel who have served and who are would ultimately, help bring our troops home generals be generals and wage this war serving today in Iraq, Afghanistan, on the Horn in an honorable, expeditious manner without as only they are trained to do and have of Africa, and elsewhere around the world in sacrificing their mission. hope that the announced troop buildup defense of the national security of the United The Iraq Study Group, co-chaired by former will be the final key that is needed by States. These individuals, and their families Secretary of State James Baker and former the Iraqis to build a secure, united who support them from home, are to be com- Congressman Lee Hamilton, concluded that country.’’ mended for their dedication to our country. many of the challenges in Iraq are of an inter- I represent the island of Guam. Sons and national nature, and they become more so— b 1245 daughters of Guam, and those from our neigh- not less so—as each day passes. As a result, We have to hope that it is not too boring islands in the Commonwealth of the it is becoming increasingly important to view late for the U.S. to make a difference Northern Mariana Islands, Micronesia, Palau, United States policy toward Iraq as a part of in Iraq.’’ and the Marshalls, serve proudly in the United and not isolated from United States policy to- Another: ‘‘We need to send the mes- States Armed Forces. These individuals serve ward the region as a whole. It also is becom- sage to our troops that America wants at a critical point in our country’s history and ing increasingly important for countries in the them to succeed in Iraq by giving the we are grateful for their dedication to their region and the international community to be- buildup a chance to succeed.’’ mission and their commitment to ensuring our come more fully engaged in the effort to sta- Still another: ‘‘My fellow Guardsmen freedom. bilize Iraq. The Iraq Study Group rec- are ready. We will do whatever is asked I have been able to visit on eight occasions ommended that we support efforts to promote of us. Please ensure that the resources, with our servicemembers deployed in Iraq, Af- a multilateral agreement between the United funds and equipment continue to flow. ghanistan, and the Horn of Africa to see first States, Coalition countries, regional states, Supporting the troops means giving us hand their living conditions, learn about their and multilateral organizations. A multilateral the means to do our job.’’ missions, and gain a better understanding of agreement will help bring renewed focus to And another: ‘‘We also need to stay the challenges that confront them. All of us on and enhanced international cooperation to- in Iraq and put forth the necessary will Guam are immensely proud of our men and ward resolving Iraq’s problems. A multilateral and resources that will allow our strat- women from Guam who serve our Nation. I agreement will help reaffirm the existence of a egy to succeed.’’

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE H1690 CONGRESSIONAL RECORD — HOUSE February 15, 2007 And another: ‘‘Moreover, our troops NSS is to support moderate Muslim govern- continue to try to get the job done with the need more open rules of engagement to ments? Another part of the NSS addresses minimum force. If anything we should send do their job effectively.’’ humanitarian rights, to include rights of more than we think we need. Our focus on Another e-mail: ‘‘Elections have con- women. being liberators has caused us to misjudge sequences, and for our recent election My fellow Guardsmen are ready. We will do what is needed. You cannot liberate until you the consequences have been a major whatever is asked of us. Please, ensure that have gained control. We never got there and setback in the war on terror and a the resources, funds and equipment, continue must do so now. greater threat to terrorist attack at to flow. Supporting the troops means giving us Speaking of which, my two cents. The most home.’’ the means to do our jobs. basic job of government is to protect its citi- Still another: ‘‘Like Vietnam, our en- We have not had a failed Iraq policy—we zens. If the Surge is properly designed to do emies view us as not having the stom- have just had overly optimistic expectations of that, then it is a good idea. I say give it a ach to fight a protracted war. If we how fast the Iraqis would be able to establish chance, even though it should have been that withdraw, however, the credibility of a stable government and a unified country that way to begin with. From my experiences in the U.S., our military, and our assur- functions in a manner to our satisfaction. Iron- Desert Storm ’91, I firmly believe that most ances would be lost for years, probably ically, we want the Iraqis to pursue a unity people, Middles Easterners included, just want decades.’’ government and national reconciliation, but we to protect their family, practice their religion, Another: ‘‘The overwhelming re- don’t do that ourselves. The partisanship that and have an opportunity to prosper. sponse among officers is we must stay we are seeing here in the U.S. is no different We have to be able to go after all the killers and finish what we have started. Many that the partisanship that we are seeing in regardless of who or where they are. The Iraqi of these officers have built strong rela- Iraq. follow-on forces then have to maintain the tionships with local Iraqi and Afghan We also need to stay in Iraq and put forth peace, not bring in their individual hatreds to citizens who want to raise their family the necessary will and resources that will the power vacuum. Helping them secure their in peace.’’ allow our strategy to succeed. Imagine a borders from fighters through Jordan and Another: ‘‘We do in fact have many Super Bowl football team quitting the game in Syria and equipment from Iran is also critical more Iraqi Army and National Police the third quarter simply because they were be- (Navy and Air Force tasks with limited ground units moving into Baghdad and many hind. The premise is so absurd it is inconceiv- support?). Getting the ‘‘Rule of Law’’ estab- are effectively partnering with U.S. able so too would be our quitting a war to pro- lished will eventually replace the need for units.’’ tect our way of life simply because battlefield ‘‘Self Protection’’ (Militias). Another: ‘‘They did pass their budget conditions are not going perfectly. The biggest hurdle is at home. If the media for 2007 last week,’’ sooner than the Moreover, our troops need more open rules continues its selective reporting (failures only), U.S. Congress, incidentally, ‘‘and have of engagement to do their job effectively. This then even if its an unqualified success on the made some progress with other legisla- is war, and they are soldiers, not police offi- ground, it will be perceived as a loss at home tion, which indicates they can work cers. The U.S. and Iraqi governments must due to its depiction on TV and Press reports. some political compromises.’’ expect civilian casualties and collateral dam- Tying Iraqis to a yardstick measuring success I will end with this: ‘‘I would hope age. It’s unavoidable. The irony in this matter or failure seems to be a good idea. that your colleagues would be able to is that most Iraqi people would welcome the Press the Senate not to pass the latest Res- continue to support what we are doing, increase security. olution limiting support—it is just a grand because it honestly does have a reason- Elections have consequences. And for our standing event for presidential hopefuls. able chance at success.’’ recent election, the consequences have been We do in fact have many more Iraqi Army These are real communications with a major set back in the war on terror and a and National Police units moving into Baghdad real soldiers, Active Duty, in Iraq, Na- greater threat to terrorist attack at home. and many are effectively partnering with U.S. tional Guardsmen, reservists, and vet- Like Vietnam, our enemies view us as not units. erans throughout our country who say having the stomach to fight a protracted war. They did pass their budget for 2007 last there is no substitute for victory. We If we withdraw, however, the credibility of the week (sooner than the U.S. Congress, inci- have to win this campaign. It is in our U.S., our military, and our assurances would dentally) and have made some progress with national security interest to support be lost for years, probably decades. other legislation, which indicates they can moderate Arab states. The Iraqis are watching all of this, and they work some political compromises. John, my son, a Marine Gunny Sgt. can see which way the wind is blowing. They Everyone is forced to telescope political, imbedded with the Iraqi army around Rimadi, know if we leave either the Sunni insurgency economic, and security reforms that would called a few weeks ago. I asked him if he or the Iranians would likely come in, and their normally take 7–10 years into 7–10 months. knew about the President’s plan for more newly gained freedoms would be lost. This re- So the question that you are debating is troops. He hadn’t heard about it, but his only ality shapes the thoughts and actions of all whether or not $100 billions (less than 0.8% comment to me was: ‘‘We can use them!’’ Iraqi officials, from Prime Minister al-Maliki, GDP) and tragically, probably 700–900 U.S. Please support the President and the Troops. down to the police officers on the street. soldiers’ lives is worth a 50% chance of pre- Maybe our last, best chance to win this thing. Many Americans are in denial about the venting a national security crisis that will set Winning is the imperative. Semper Fi! threat from radical Islam. Unfortunately, it may back U.S. policy for decades. We have to let our generals be generals take another 9/11 before they wake up. God If you are the parent or spouse of one of and wage this war as only they are trained to help us if one of our cities gets nuked when those soldiers who may die, it is GD probably do, and have hope that the announced troop that happens. not worth it. But if you are a national leader, buildup will be the final 3 key that’s needed by The overwhelming response among officers I would hope that your colleagues would be the Iraqis to build a secure and united country. is that we must stay and finish what we start- able to continue to support what we are doing We have to have hope that it’s not too late ed. Many of these officers have built strong re- because it honestly does have a reasonable for the U.S. to make a difference in Iraq. lationships with local Iraqi and Afghan citizens chance of success. We need to send the message to our troops who want to raise their families in peace. They Mr. ACKERMAN. Mr. Speaker, I am that America wants them to succeed in Iraq by feel we have given our word as a country that pleased to yield 5 minutes to the dis- giving the buildup a chance to succeed. we will stand by them. I agree with this senti- tinguished gentleman from Massachu- The main effort is really the political rec- ment. setts (Mr. MCGOVERN), the vice chair- onciliation and the security of the population is Lincoln/Sherman figured out that to truly de- man of the Rules Committee. the key precondition to that. The language and feat the south, he had to march to Savannah Mr. MCGOVERN. Mr. Speaker, I some action from the Iraqi government and to convince the locals that it was not worth thank my colleague from New York for Army leaders have been good in the past sev- continued conflict. WWII had similar actions yielding. eral weeks. The next several months will be for resolution like Hiroshima. While these were Mr. Speaker, I oppose the escalation critical—probably decisive—and I believe there waged against conventional forces, Congress of U.S. forces in Iraq and I strongly op- is reason to be realistically hopeful. must understand that the current conflict is pose this war. We had no basis or jus- I believe that what we are doing in Iraq and more than between insurgents and U.S./Coali- tification or right to invade Iraq. It Afghanistan supports the NSS. What I have tion forces. was a mistake. There are no easy an- heard in the debate is that we no longer have If we do not have the will to do this hard swers or solutions before us. No matter a security interest in Iraq. What part of out work, we need to get out now. We cannot what option we pursue, there is no

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE February 15, 2007 CONGRESSIONAL RECORD — HOUSE H1691 nice, neat, happy ending. Sometimes Mr. Speaker, it is essential to change troops and ultimately to lead to vic- you can’t fix mistakes. the dynamic inside Iraq, and to do that tory. I don’t see how you can claim to Hopefully we can make this awful it is essential that we dramatically protect and support the troops while situation less awful. This war should change our policy. That means we taking away the best option for vic- never have happened. That is not just must end the U.S. occupation and tory. my opinion, it is the opinion of many begin an all-out diplomatic effort to That brings up another serious flaw of the top military leaders in our coun- promote reconciliation and an end to in this resolution: It has no positive al- try. The war has diminished our stand- the violence. That means we should ternative. The resolution seems to say ing in the world. It has been used as a begin the immediate, safe and orderly that we should go on as before, which I recruiting tool by the very terrorists withdrawal of our troops from Iraq. thought my colleagues across the aisle we say we want to defeat. It has cost us That means we should provide protec- said was unacceptable. hundreds of billions of dollars. And, tion and political asylum to those in Yet another serious flaw is that most significantly, we have sacrificed Iraq who have assisted us and who may Members of Congress, who are many the precious lives of so many of our be in danger because of it. That also thousands of miles away from the bat- brave servicemen and women, and means that the United States must tlefield, are substituting their judg- thousands more have returned home demonstrate the maturity and the ment for that of the commanders in severely wounded. common sense to talk to political lead- the field. This is foolish and arrogant. Now, I have listened as many of my ers and to countries we don’t like, in- This gives rise to a constitutional con- colleagues have come to the floor and cluding Syria and Iran. flict as well. The Constitution gives said we must follow our leader and be None of this will be pleasant, none of the President the power of Commander quiet. Some have even suggested that this will be easy and there are no guar- in Chief. President Bush, who was re- those of us who support this resolution antees that it will work. But I am sure elected by a vote of the entire Amer- and want this war to end are doing a of one thing: What we are doing now is ican people just 2 years ago, has the disservice to our troops. failing. What we are doing now is not duty and authority to conduct the war Mr. Speaker, for 4 long years, Con- healing the divisions in Iraq and is not in Iraq. gress has done absolutely nothing in Congress has the power to declare serving the best national security in- the face of mistake after mistake after war and to fund or to not fund war, but terests of the United States. Our own mistake in Iraq. None of us in this does not have the power to conduct a intelligence agencies have reported to Chamber have to wake up tomorrow in war. This constitutional division of us that this war is creating more ter- Baghdad or Fallujah or Tikrit. None of powers is vital, because, among other rorists. us have to wake up each morning and things, a clear chain of command is No one in this House enjoys this dis- go on patrol in Anbar Province. None better calculated to lead to victory cussion. Some, I know, wish that some- of us in this Chamber are in harm’s with the least possible loss of life. War how this issue would go away. But, Mr. way. But we are all responsible, all of by committee, on the other hand, does Speaker, it won’t. So no matter how us, just like the President, for assign- not best serve the interests of our uncomfortable this debate is for some ing tens of thousands of our bravest country or our troops. of my colleagues, it is long overdue. young men and women for being ref- Because this resolution is so deeply The message that Congress will hope- erees in a sectarian civil war. flawed, it will send bad messages if it is If we truly want to protect our fully send tomorrow by passing this passed. It will send a message to our troops, if we truly are concerned with resolution is one that the American enemies that we are weak and unable their safety and well-being, then bring people want us to send and one that the to complete a difficult task. It will them home and reunite them with President needs to hear. send a message to our allies that we their families. President Lyndon Johnson once re- are undependable. It will send a mes- Newsweek columnist Anna Quindlen marked, ‘‘It is easy to get into a war, sage to the families and loved ones of put it this way: ‘‘There is no better but hard as hell to get out of one.’’ The our fallen soldiers and marines, to our way to support those fighting in Iraq choices before us in the next weeks and brave men and women who have been than to guarantee that no more of months will not be easy. Indeed, it will disabled and to the troops in the field, them die in the service of political mis- be difficult, even painful, to extricate that their sacrifice is in vain because calculation.’’ ourselves from this war. But it is the their mission is not worth our commit- Mr. Speaker, the American people right thing to do. ment. These messages will be destruc- are way ahead of the politicians in I urge my colleagues to support this tive, and I urge my colleagues not to Washington. Citizens of all political resolution which strongly supports our go down this road. persuasions are sick and tired of the troops and opposes this escalation If America does abandon Iraq, which political spin and political posturing. Mr. SAM JOHNSON of Texas. Mr. many of my colleagues across the aisle Our focus should not be about saving Speaker, I just would like to correct want to be the ultimate outcome, de- face. Instead, it should be about saving something. We are not occupying Iraq. struction will spread across the entire lives. We are helping the Iraqi government, Middle East and will be more likely to The people of this country have been who has complete control over there come to our own shores. misled, they have been deceived, and trying to win this battle. I know that the struggle against ter- they have been lied to. Increasingly, Mr. Speaker, I yield 5 minutes to our rorism is difficult, but we cannot give people do not trust their government new representative from Colorado (Mr. up. Yes, we must learn as we go, and, to tell the truth on the war. Mr. Speak- LAMBORN). yes, we must adapt to changing cir- er, I don’t trust my government to tell (Mr. LAMBORN asked and was given cumstances. But we must not think me the truth about this war. permission to revise and extend his re- that retreat will bring relief. We and There is no military victory to be marks.) the entire world will pay a terrible had. The only hope is a political solu- Mr. LAMBORN. Mr. Speaker, I thank price if we go down that road. This res- tion. the gentleman for yielding. olution is the first step down that road. The Iraqi Government and the Iraqi Mr. Speaker, I rise in opposition to I urge the defeat of this resolution. people have the power and the ability this resolution. There are many flaws Mr. ACKERMAN. Mr. Speaker, I am to move in a different direction, a di- in this resolution. One of the most seri- pleased to yield 5 minutes to the gen- rection that seeks to calm sectarian vious is that while it gives lip-service to tleman from Pennsylvania (Mr. olence and heal sectarian divides, re- a desire to support and protect the HOLDEN), the vice chairman of the Ag- spect the rights of all citizens and up- troops, it turns around and disapproves riculture Committee and the chairman hold the rule of law that applies to ev- of the plan that is best calculated by of the Subcommittee on Conservation, eryone equally. But they have to the commanders on the ground to bring Credit, Energy and Research. choose that path themselves. Regret- order to Baghdad. Mr. HOLDEN. Mr. Speaker, I thank tably, I have little confidence that the This surge is the best way, in the the gentleman for yielding. current Iraqi Government will make opinion of the commanders, to clamp Mr. Speaker, I rise today in support such a choice. I hope I am wrong. down on the insurgency, to protect our of House Concurrent Resolution 63. I

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE H1692 CONGRESSIONAL RECORD — HOUSE February 15, 2007 also rise in strong support of the brave b 1300 We unanimously stand by our troops men and women who have served or are That is why I also rise today in sup- because, almost 5 years ago, this Con- serving in Iraq and around the world. port of the Blue Dog resolution which gress asked them to step forward to I represent thousands of men and provides cost accountability for Oper- protect our country and win the fight women on Active Duty and in the Na- ation Iraqi Freedom. This resolution against terrorism. tional Guard and in the Reserves. I will directly address the infrastructure On October 10, 2002, before many of us have visited our wounded and injured and security failures in Iraq. More spe- were here, including myself, 296 Mem- troops at both Walter Reed and cifically, the resolution requires the bers of this body, including 81 Demo- Landstuhl Regional Center in Ger- Department of Defense Inspector Gen- crats, passed a bipartisan bill author- many. My commitment to our brave eral and the Special Inspector General izing the use of military force in Iraq. The next day, 77 Members of the Sen- men and women is unwavering. How- for Iraqi Reconstruction to report to ate approved a motion authorizing the ever, I disagree with deploying more Congress every 90 days with: than 20,000 more U.S. combat troops to One, a detailed accounting of how same use of force. What Congress realized then was the Iraq. military and reconstruction funds in importance to the security of our own The President has consistently said Iraq have been spent; that the size of the force would be de- Two, a detailed accounting of the country of a free and stable Iraq and a termined by military leaders on the types and terms of contracts awarded peaceful and secure Middle East. Five years ago, Congress was at a crossroads ground. Yet the two previous leading on behalf of the United States; commanders on the ground do not sup- Three, a description of efforts to ob- and made a very difficult decision. port the addition of more troops. Gen- tain support and assistance from other Today, young girls in Iraq can now at- eral George Casey, the former com- countries toward the rehabilitation of tend school, democratic elections have mander of the Multinational Force in Iraq; and, finally, been held, a fledgling government is in Iraq and current chief of staff of the Four, an assessment of what addi- place, and Saddam Hussein, a murderer Army, advocated transferring security tional funding is needed to complete of over 300,000 Iraqis, is no longer a duties to Iraqi soldiers. military operations and reconstruction threat to his own people or to our na- General Casey said, ‘‘The longer we efforts in Iraq, including a plan for the tional security. In Iraq, we have ac- and the U.S. forces continue to bear security of Iraq. knowledged victories and successes. the main burden of Iraq’s security, it Mr. Speaker, our troops have done In the past year, we all recognize the lengthens the time that the Govern- their job and performed with great condition in Iraq has grown more grave. I know a lot has changed since I ment of Iraq has to make the hard de- courage and honor. The solution in visited nearly a year ago. Al Qaeda cisions about reconciliation and deal- Iraq can no longer be resolved mili- operatives, Sunni death squads and ing with the militias.’’ He goes on to tarily. We must win both politically Shia militias, propped up by the reck- say, ‘‘And the other thing is that they and diplomatically. We must ask Iraq’s less dictatorship of Iran, have fueled continue to blame us for all of Iraq’s six neighbors to use influence that is violence and threatened the hopes and problems, which at face are their prob- consistent with our own objectives, and lems. It has always been my view that dreams of the Iraqi people. we must convince them that stability So Congress is once again at a cross- a heavy and sustained American mili- in the region is in their best interests. roads. The reality of the circumstances tary presence was not going to solve In closing, I want to offer my utmost in Iraq require a winning strategy. The the problems in Iraq in the long run.’’ gratitude and appreciation for our Additionally, General John P. information provided by our reformed troops. Our thoughts are with these intelligence community sends a clear Abizaid, the former commander of U.S. brave men and women and also with warning in the National Intelligence Central Command in the Middle East, their families as we pray for them to Estimate on Iraq: ‘‘Unless efforts to re- has said that he did not believe that return safely. verse these conditions show measur- adding more American troops right Mr. SAM JOHNSON of Texas. Mr. able progress, the situation will con- now is the solution to the problem, and Speaker, I yield 4 minutes to the gen- tinue to deteriorate.’’ The solution also advocated transferring responsi- tlewoman from Washington (Mrs. cannot be in leaving things as they are. bility to the Iraqis. MCMORRIS RODGERS). The NIE continues: ‘‘Coalition capa- General Abizaid said, ‘‘I met with Mrs. MCMORRIS RODGERS. Mr. bilities remain an essential stabilizing every divisional commander, General Speaker, this afternoon we continue element in Iraq.’’ Casey, the Corps Commander, General here on the House floor another chap- There are three courses of action: Dempsey. We all talked together. And I ter in the long and healthy debate on leave things as they are; we know this said, in your professional opinion, if we promoting freedom and democracy is not sufficient. Draw down Armed were to bring in more American troops around the world, while maintaining Forces in Iraq; this will only lead to now, does it add considerably to our the security of our country, of our cit- deadly indiscriminate violence, costing ability to achieve success in Iraq? And ies, of our homes and our families. the lives of hundreds of thousands of they all said no. And the reason is be- The resolution before us today appro- innocent people. Or respond by giving cause we want the Iraqis to do more. It priately begins with the reaffirmation our commanders in Iraq the resources is easy for the Iraqis to rely upon us to of our vigorous, unwavering commit- and the mission options needed for suc- do this work. I believe that more ment to the brave men and women now cess. American forces prevent the Iraqis serving our country in uniform. We All of us here support our men and from doing more, from taking more re- pledge to give them every tool they women in uniform. We must continue sponsibility for their own future.’’ need to fulfill their assigned missions to empower them to defeat the enemies During the course of the war, I vis- while providing the maximum protec- of freedom in Iraq. ited Iraq twice, in 2003 and 2005. While tion possible. Additionally, we pledge Congress is now in the midst of mak- I was there, the main goal, other than their families every means of support ing a decision that will contribute to achieving victory, was developing when their loved ones are overseas and the future security of our great coun- Iraq’s infrastructure. Yet after 4 years when they return home. try or begin the process of chipping and hundreds of billions of dollars, we My district in eastern Washington is away at the core of this resolve. Sup- have not had much success in improv- the proud home to Fairchild Air Force porting our troops by not supporting ing infrastructure and still face serious Base that houses the 92nd Air Refuel- the war is not an option. Victory is the problems. Oil production is one-half of ing Wing. These men and women have only real choice. The consequences of the prewar level, while conditions of been an important part of fighting the failure are unacceptable. basic services, such as water, power global war on terror. Our community, Abandoning Iraq would embolden the and sewage, are below that. In Bagh- like every community around the militants. It would create a humani- dad, electricity levels are at an all- country, supports our men and women tarian crisis impacting millions. Insta- time low. And while we have spent bil- in uniform. Together, we have cele- bility in the Middle East will create lions of dollars on these problems, $9 brated victory; and, together, we have more violence and leave the U.S. vul- billion is lost and unaccounted for. mourned losses. nerable to future attacks.

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE February 15, 2007 CONGRESSIONAL RECORD — HOUSE H1693 I urge my colleagues to oppose this More than 135,000 troops are cur- this is Washington-speak for legisla- resolution. rently serving in Iraq. Many have com- tion that does not have the force of Mr. ACKERMAN. Mr. Speaker, I pleted their second or even their third law. Now, the disturbing thing is not yield 5 minutes to the chairman of the tour of duty. Multiple tours of duty for that it is a nonbinding resolution; but Financial Services Subcommittee on the National Guard and Reserve mem- the message that this legislative tool Capital Markets, Insurance and Gov- bers have created hardships for many sends, it sends not only to our Amer- ernment-Sponsored Enterprises, the families in my district and throughout ican people, not only to the troops in distinguished gentleman from Pennsyl- the United States. Currently, these the field, but our allies around the vania (Mr. KANJORSKI). brave American forces are caught in world, and it also emboldens our en- Mr. KANJORSKI. Mr. Speaker, I rise the middle of a religious dispute that emies. today to join the overwhelming major- began in the 7th century between rival This resolution says that this time ity of American people, the Congress Muslim factions. These underlying sec- the Democrats are not prepared to and many top U.S. military com- tarian hostilities have come to the fore offer a new direction, a plan or a solu- manders to voice my opposition to in Iraq and have grown into a full- tion for the challenges we face in Iraq. President Bush’s ill-conceived plan to blown civil war. I offer this bit of wisdom to the Demo- send more American troops into the Bringing stability to Iraq cannot be crats: you must be the change you middle of an ongoing civil war in Iraq. achieved through an escalation of our want to see. The President’s plan, which has been military involvement in that country. If the Democrats are serious about attempted before on four separate oc- Rather, Shiites and Sunnis must decide developing a new plan, then the right casions and failed, is simultaneously for themselves to forge a political solu- thing to do is submit it. That is a true too little and too much. 21,500 troops is tion to this crisis in which the inter- test of leadership, to submit solutions, too little to make a difference in a city ests of all Iraqis are represented. Nev- solutions; and in order to effect of 6 million who are unwilling to see ertheless, President Bush is ignoring change, you have to put forward ideas beyond their sectarian differences, and the advice of his top generals, the bi- for that change. too much burden to place on an Amer- partisan Iraq Study Group, the major- I ask the American people to imagine ican military already stretched to the ity of Congress, and, most of all, the what it would be like if their Rep- breaking point. American people by announcing his in- resentatives used this time to hammer Mr. Speaker, in October 2002, I voted tention to send an additional 21,500 out ideas and positive solutions. That in favor of the legislation to allow American troops into harm’s way to is the American ingenuity that we President Bush to defend the national continue pursuing a flawed policy. should focus on as a Congress. This is security of our country against the Mr. Speaker, I oppose this escalation the American way. stated threats posed by Saddam Hus- of our troop presence in Iraq. The time The Democrats say this debate is to sein. In large part, I based my decision for more troops was 4 years ago when send a message to the President. Well, General Shinseki presciently warned of on the information I learned in several I will tell you, I think he has heard you the need for hundreds of thousands of classified briefings with high-level ad- loud and clear. military personnel to stabilize post- ministration officials about the capa- But let me give you a message from war Iraq. But the President, the Vice bilities of the Iraqis to deliver weapons the battlefield from a friend of mine in President, and the former Secretary of of mass destruction to the United Iraq. He says the argument over what Defense believed they could fight this States. got us to this point is a diversion. The war on the cheap, with too few troops, These officials pointed to an immi- problem set is the present. The terror- too little armor, and too little help. nent threat posed by Saddam Hussein ists and would-be terrorists that have They were wrong, and now it is too and his potential use of unmanned aer- flowed into Iraq will not stand at the ial vehicles to deliver weapons of mass late. Mr. Speaker, from my perspective, border and wave us good-bye and good destruction to our shores. Of course, we the resolution before us today has been luck. They understand our politics, our now know that these weapons, as well long overdue. The American people systems, and our weaknesses. as the Bush administration’s claims re- have called on this Congress to express garding Saddam’s ties to al Qaeda, b 1315 their disapproval of this war of choice were fictional. The consequences of our They believe that it is a war of en- in Iraq and this President’s prosecution action, however, are quite real. durance, and that we have shown his- of it. To that end, I will support this To date, the Iraq war has come at a torically and repeatedly that we don’t resolution and urge my colleagues to terrible cost to the United States. have the national will for prolonged en- do the same. gagement. More than 3,100 servicemembers have Mr. SAM JOHNSON of Texas. Mr. been killed and greater than 23,400 have Unfortunately the political Speaker, I yield 31⁄2 minutes to my grandstanding has endorsed their belief been wounded. My home State of Penn- friend and colleague, the gentleman sylvania has lost 149 soldiers and over and ensures the terrorists’ continued from North Carolina (Mr. MCHENRY). bloody engagement until November 1,000 have been wounded. Moreover, the Mr. MCHENRY. Mr. Speaker, na- United States has spent almost $380 tional security should be the highest 2008. billion to date, with hundreds of bil- priority of the U.S. Congress. I talk to The bottom line, we need reinforce- lions of dollars more requested by the my constituents in western North ments to set the conditions for success, Bush administration. Carolina a lot about the situation in and we need political support for the The war in Iraq has also diverted Iraq. We understand the challenges. I endurance to continue this fight. That much-needed resources away from think the American people understand is from my friend in the battlefield. fighting the war on terrorism and the challenges of this war. But we also And I say to my colleagues, the eradicating al Qaeda. The focus on Iraq know the consequences of quitting are American people need better than this. and away from the real threat of al too dire and too dangerous. We need a plan of action for results and Qaeda has resulted in an increasing We know that leaving an unstable success in Iraq. number of deadly attacks launched by Iraq endangers Israel, other Western And I say, ‘‘Madam Speaker, you Taliban and al Qaeda forces in and democracies, as well as our own na- have made your points. Now where is around Afghanistan. tional interests and our constituents your plan?’’ On Tuesday, The Washington Post re- here in the United States. Mr. ACKERMAN. Mr. Speaker, I ported that NATO’s top commander, The President put forward a plan yield 5 minutes to the chairman of the General John Craddock, does not have that he and his generals believe will Energy and Commerce Subcommittee enough forces for the anticipated lead to a safe, secure, and stabilized on Energy and Air Quality, the distin- spring offensive by the Taliban. The Iraq. Let me repeat that: he put for- guished gentleman from Virginia, RICK general warned that ‘‘failure to send ward a plan, a plan of action and a plan BOUCHER. reinforcements was weakening the mis- for success. (Mr. BOUCHER asked and was given sion and jeopardizing the lives of sol- The Democrats, in response, put for- permission to revise and extend his re- diers fighting’’ in Afghanistan. ward a nonbinding resolution. Now, marks.)

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE H1694 CONGRESSIONAL RECORD — HOUSE February 15, 2007 Mr. BOUCHER. Mr. Speaker, I rise in (Mr. FEENEY asked and was given God bless our troops. God bless their support of the resolution, and I hope permission to revise and extend his re- Commander in Chief. God bless Amer- that its adoption by the House will marks.) ica. send yet another powerful message Mr. FEENEY. Mr. Speaker, first I Shortly after I entered Congress in 2003, that a change in the direction of our want to thank the genuine American America used military force to remove the Iraq policy is required. hero from Texas, Mr. JOHNSON, for Saddam Hussein regime. I supported that ac- Sending an additional 21,000 troops leading us this afternoon. tion because it was in America’s interest. into Baghdad only serves to put more I supported the use of military force The Hussein regime repeatedly defied the American forces in harm’s way. The to remove Saddam Hussein’s regime terms that ended the 1991 Gulf War—the troop increase will not bring long-term because it was in America’s interests. transparent and verifiable dismantlement of stability, it will not halt the sectarian Afterwards, it should have been up to the capability to produce weapons of mass de- strife which has plunged Iraq into a the Iraqi people, and not Americans, to struction. Previously, that regime had used civil war, it will do nothing to speed determine their fate and how they gov- such weapons and wielded the potential of the day when U.S. forces can hand over ern themselves. President Bush has such weapons against its enemies. Rather the mission to the Iraqis and come stated: The survival of our liberty de- than resorting to openness to demonstrate home. But there is a better way. pends on its expansion throughout the good faith compliance with its promises, the world and America must actively con- regime relied on Soviet-style deception and Our Virginia colleague FRANK WOLF struct those institutions. Which, to defiance. originated the formation of the com- me, seems like a Wilsonian view of In the face of such opaqueness, why are we mission that was chaired by former America’s role in the world. surprised that the intelligence agencies of the Secretary of State James Baker and by In 2000, Candidate Bush rejected na- United States and its Allies veered to a worst- Lee Hamilton, who for years, with dis- tion-building. A view held by the case scenario? After all, the perceived ‘‘mis- tinction, chaired the Foreign Relations Founding Fathers who believed the ex- sile gap’’ that fueled the arms race between Committee in this House. I commend ceptional calling of the American peo- the United States and the Soviet Union Congressman WOLF for his foresight ple was not to shape the world in our stemmed from Soviet deception about its ac- and for the public service that he pro- image, but to be a light that lightens tual nuclear weapon capabilities. The fault lies vided to our Nation when he originated the world. I prefer Candidate Bush’s po- with those who deceive and not those search- the formation of the Baker-Hamilton sition. ing for the truth. Commission. That commission was bi- Having said that, I cannot support The perceived threat extended beyond the partisan. It was composed of our most Representative SKELTON’s resolution. Middle East and raised the specter of arming experienced foreign policy experts, Nothing better illustrates America’s terrorists dedicated to harming the United spanning administrations of both Re- democratic institutions than this body States and the West. To those who scoff at publican and Democratic Presidencies. having a full and open debate about this notion, I remind them about the dangers Its recommendations were unani- this topic. posed by ‘‘loose nukes’’ and how the West mously presented by the members of I hope the Commander in Chief will works everyday to counter this threat. the Commission. They embody the col- recognize the desires and concerns of Furthermore, this brutal regime repeatedly lective wisdom of these highly experi- the American people as expressed attacked its neighbors—threatening the sta- enced Americans for the best course today through their elected Represent- bility of America’s allies and interests in this that our Nation can take for a new and atives. But America has only one, and region. more promising direction in Iraq. not 535 commanders in chief. We can- So with some sturdy allies, America took ac- At the core of their proposals was a not micromanage the conduct of a war. tion. The Hussein regime was toppled. Others bold recommendation: that the United Representative SKELTON’s resolution took notice. Libya surrendered its weapons of States begin a dialogue with Iraq’s sends horribly mixed signals to our mass destruction capabilities to the U.S. in- neighboring countries about a way to troops who must solely focus on car- cluding materials related to its nuclear weap- achieve regional stability and, most rying out their assigned and dangerous ons program and ballistic missile capabilities. particularly, stability in Iraq. mission. Today’s U.S. military is the finest in world Iran, Syria, Jordan, Saudi Arabia all Once a decision has been made and history. have influence with the various war- mission assigned, this body should sup- America can defeat any contemporary ring factions in Iraq. Iran and Syria in port the troops and their one and only enemy by itself. But, we cannot win the peace particular have a strong interest in a Commander in Chief, as Representative alone. We need help—not just from loyal friends like the British, Poles, and Australians. more normal relationship with the JOHNSON’s resolution, had it been To win a peace, we need less reliable allies United States. All of these countries heard, would have been done. Critics of tactics who resort to a con- like France, Germany, and Spain to help. And have a long-term interest in a stable gressional resolution tell our service- we need support, or at least not hostile oppo- Iraq. The Baker-Hamilton Commis- men and women and their families, in- sition, from former adversaries we are trying to sion’s direction for a U.S.-led negotia- tentionally or not, that their mission befriend, like Russia and China. In this case, tion among these nations is the only is futile. When we undermine hope, we we have had too little help to win the peace. real option we have left in order to undermine resolve, and we reduce the And instead of focusing on establishing a achieve under United States guidance a likelihood of success. free and stable Iraq, America strayed from the peaceful Iraq. President Bush has re- As Senator LIEBERMAN has stated, a wisdom of its Founding Fathers who warned jected this recommendation. He has resolution would, in quotes, ‘‘give the us of the hazards of trying to shape the world acted, in my view, very unwisely. enemy some encouragement, some in our image. As John Quincy Adams noted in More United States troops are not clear expression that the American his 1821 Fourth of July Speech: the answer. Blind faith in the Iraqi people are divided.’’ Or, as Army Ser- ‘‘America does not go abroad in search of Prime Minister with his ties to the geant Daniel Dobson expressed, ‘‘There monsters to destroy.’’ To do so would involve Shia militia leader, al-Sadr, is not the is no honor in retreat, and there is no the United States ‘‘beyond the power of extri- answer. A military solution standing honor in what the Democrats have pro- cation, in all wars of interest and intrigue, of alone is not the answer. The only path posed.’’ individual avarice, envy, and ambition.... to success lies in diplomacy and ac- Instead, the responsible thing for this She might become the dictatress of the world. cepting the wise counsel of the Baker- Democratic-led Congress would have She would be no longer the ruler of her own Hamilton Commission. been to propose a new way forward, spirit.’’ Finally, the administration decided new tactics, new strategies, not just in The Founding Fathers believed that the ex- to try real diplomacy in North Korea, Iraq but in the entire war on terror. ceptional calling of the American people was and it is working. It is also the only Speaker Rayburn, a Democratic Speak- not to shape the world in our image but to be hope we have for stability in Iraq. er, once famously remarked, ‘‘Any a light to lighten the world. Our exercise and Mr. SAM JOHNSON of Texas. Mr. jackass can kick down a barn, but it preservation of liberty served as an example Speaker, at this time we would like to takes a carpenter to build one.’’ There to other peoples. In today’s world, we can see allow 3 minutes to the gentleman from are no carpenters at work with this how our culture and international trade influ- Florida, TOM FEENEY. resolution. ence other peoples. But a critical difference

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00024 Fmt 7634 Sfmt 9920 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE February 15, 2007 CONGRESSIONAL RECORD — HOUSE H1695 exists between being an example and trying to tually, also under the very odd conditions of is, or should be, what this debate is impose a set of beliefs. Arabia, your practical work will not be as about. To have this debate is not only The historian Walter McDougall describes good, perhaps, as you think it is. a right but a responsibility of the this original tradition as follows: Having said that, I cannot support Rep- elected Representatives in a Republic . . . the leaders . . . did not interpret resentative SKELTON’s resolution. Nothing bet- such as ours. Indeed, it is to defend [American] Exceptionalism to mean that ter illustrates America’s democratic institutions that very right that our young men U.S. diplomacy ought to be pacifist, rigidly than for this body to have a full and open de- and women are serving not only in Iraq scrupulous, or devoted to the export of do- bate about this war. We are a strong and out- but around the world. mestic ideals. Rather, they saw foreign pol- spoken people. This Chamber has witnessed None of us here today need to be re- icy as an instrument for the preservation similar debates at crucial times in our past. I minded about the threat of terrorism and expansion of American freedom, and hope the Commander in Chief will recognize warned that crusades would belie our ideals, from floor speeches or from Presi- violate our true interests, and sully our free- the desires and concerns of the American dential homilies. But let us not forget dom. people as expressed through their elected rep- that the terrorists of 9/11 did not origi- Accordingly, I support using American mili- resentatives. nate in Iraq, they came from Afghani- But America has only one and not 535 tary might to defend our interests as needed stan. And, with only one exception, Commanders in Chief. We cannot micro- including preemptive strikes to those who every Member of this body, Democrat manage the conduct of a war. Representative would do us harm. and Republican alike, voted to pros- SKELTON’s resolution cannot bring good. Rath- But we strayed from this tradition by under- ecute the war against the terrorists in er, it sends horribly mixed signals to our taking a mission to hold Iraq together, build a Afghanistan, bring al Qaeda to justice, troops who must solely focus on carrying out nation based on Western liberal democracy, and topple the Taliban. their assigned and dangerous mission. Once a and then spread that way of life throughout We were united then, along with vir- decision has been made and a mission as- the Middle East. This Administration labels this tually the entire world, and the fight signed, this body should support the troops effort ‘‘transformational democracy.’’ But it was right. Iraq, however, is different. and their one Commander in Chief as Rep- really is what Walter McDougall calls ‘‘Global The focus on Iraq has distracted and resentative SAM JOHNSON’s resolution would. Meliorism,’’ that assumes: detracted from the mission in Afghani- We should deny the enemy encouragement stan and the real battle against terror- The American model is universally valid, and provide resolve to our servicemen and that morality enjoins the United States to ists. The President and the rest of the help others emulate it, and that the success women. administration took this Nation into of the American experiment itself ultimately Critics of tactics who resort to a Congres- an unnecessary and ill-conceived war depends on other nations escaping from sional Resolution tell our servicemen and based on false threats and with a deep- dearth and oppression. women and their families—intentionally or ly flawed plan. Nothing is further from the conservative tra- not—that their mission is futile. When we un- Before this war, I and many of our dition. Conservatives understand that free so- dermine hope, we undermine resolve and re- other colleagues asked the administra- cieties and peoples take centuries to evolve. duce the likelihood of success. As Senator tion some fundamental questions: How America traces its roots back to the Magna LIEBERMAN has stated: such a resolution would many troops will this take? How many Carta. If you want to illustrate the short- ‘‘give the enemy some encouragement, some lives will be sacrificed? How long will comings of social engineering and the illusive clear expression that the American people are we be there? What will it cost finan- goal of remaking foreign societies, take these divided.’’ Or as Army Sergeant Daniel Dobson cially? How will we pay for it? And how 792 years of hard earned experience and im- expressed: will this impact our security profile pose it on a nation cobbled together by the Most service members would tell you the elsewhere in the world? British after the collapse of the Ottoman Em- same thing: There is no honor in retreat . . . The fact is, this administration has and there is no honor in what the Democrats pire and on a people who identify more with never answered any of those questions have proposed. It stings me to the core to fully or honestly. Never. Either they a tribal than a national identity. think that Americans would rather sell their Conservatives take a realistic assessment of honor than fight for a cause. Those of us who know the answers and refuse to say human nature—including as George Will has fight for [peace] know all too well that peace them, which is duplicitous; or, they do noted ‘‘the limits of power to subdue an unruly has a very bloody price tag. not know the answers, which is incom- world.’’ This sobriety contrasts with the ideal- Instead, the responsible thing for this Demo- petent. Sadly, it appears a little of istic dream of engineering the world—a dream cratic Congress would be to propose a new both is operating. with roots in Woodrow Wilson’s visions for a way forward, new tactics, and new strate- I voted against this war from the post-World War I world. As George gies—not just in Iraq but in the war on terror. outset, and believe to this day it was Clemenceau remarked after Wilson’s 1917 Speaker Sam Rayburn famously remarked: the right vote. But once we were com- Peace Without Victory speech: ‘‘Any jackass can kick a barn down, but it mitted and engaged, I, along with most Never before has any political assembly takes a carpenter to build one.’’ No carpenters of my colleagues, voted to continue to heard so fine a sermon on what human are at work with this resolution. support our troops, to try to achieve beings might be capable of accomplishing if God bless our troops. God bless their Com- success in our mission, and do our best only they weren’t human. mander in Chief. And God bless America. to help the Iraqis rebuild their coun- President Bush has stated that the survival Mr. ACKERMAN. Mr. Speaker, I try. We fervently hoped and continue of our liberty depends on its expansion yield 51⁄2 minutes to the distinguished to hope the mission would succeed; but throughout the world and America must ac- chairman of the Science and Tech- now, several years later, more than tively construct those institutions. In 2000, nology Committee, and Science Edu- 3,000 lives later, U.S. lives alone, and Candidate Bush rejected nation building. I pre- cation, the gentleman from Wash- nearly $1 trillion later, as we consider fer Candidate Bush. ington, Representative BRIAN BAIRD. the President’s latest proposal, we It is up to the Iraqi people—and not us—to (Mr. BAIRD asked and was given per- must ask again, ‘‘Mr. President, how determine their fate and how they govern mission to revise and extend his re- many lives? How long will we be there? themselves. That is why in 2003 I proposed marks.) How much will this cost? And how will that the Administration loan and not grant $20 Mr. BAIRD. Mr. Speaker, every Mem- you pay for it? And what does it do to billion for Iraqi infrastructure. We weren’t re- ber of this Congress, every Member is the rest of our security position?’’ building things we destroyed during the war. absolutely committed to the security We still have no answers to those Rather, we were attempting to build an infra- of our families, our communities, and questions. And lacking such answers, structure degraded and neglected by the Hus- this Nation. And every Member is abso- which are fundamental to the security sein regime. I wanted the Iraqi people from oil lutely committed to supporting our of this country and the safety of our proceeds—and not Americans—to build, fund, troops and our veterans. troops, I must vote ‘‘yes’’ on this reso- and protect their assets. As T.E. Lawrence The real question today is not wheth- lution and ‘‘no’’ on expansion. noted in an earlier era: er we are committed to security or My colleagues, it is irresponsible to Do not try to do too much with your own whether or not we support the troops; allow a Commander in Chief who has hands. Better the Arabs do it tolerably that the real question is how we believe not been honest or accurate from the you do it perfectly: It is their war, and you that security is best achieved. On that, outset to continue sacrificing the lives, are to help them, not to win it for them. Ac- there is legitimate disagreement which the bodies, and the families of our

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE H1696 CONGRESSIONAL RECORD — HOUSE February 15, 2007 troops in a mission that lacks a clear Regardless of whose war this was in Baghdad. Success in Baghdad will be end point or a successful strategy. It is the past, today it is an American war. success for the United States. Failure dangerous to permit a Commander in And the Democratic majority must de- in Iraq is the failure of the United Chief to jeopardize our Nation’s secu- cide do they support the mission, or do States. Their defeat in Iraq will mean rity by letting our military equipment, they not support the mission? defeat in all their wars.’’ readiness, and troop morale continue Now, certainly we are all dis- We must soberly reflect on the chal- to decline, and it is shortsighted and appointed that we have not achieved lenge that we face. Listen to al- unwise to leave our National Guard the success that we would have desired Zawahiri, who is number two in com- and Reserve unprepared and under- by now. And I myself do not know if mand. ‘‘Al Qaeda has the right to kill equipped to respond to challenges over- the new strategy will prove successful. 4 million Americans, 2 million of them seas or at home. It is strategically un- I think it can be successful. I hope it children.’’ sound to concentrate so much of our will be successful. And I know it is a Listen to Hassan Abbassi, Revolu- intelligence resources in one nation. It strategy that has been recommended tionary Guard’s intelligence adviser to is unsustainable for our economy to by the Iraqi Study Group and our new the Iranian President. ‘‘We have a keep pouring billions of dollars every battlefield commander. strategy drawn up for the destruction week into this ill-conceived plan, and So until such a time as somebody of Anglo-Saxon civilization.’’ to pile debt upon our children with no comes to me with a more compelling Listen to Iraqi Ayatollah Ahmad strategy for paying it back. It is a strategy, or until somebody convinces Husseini. ‘‘Even if this means using bi- breach of trust to not fund the needs of me that somehow my Nation and my ological, chemical and bacterial weap- our veterans when they return home. family will be more secure by our pre- ons, we will conquer the world.’’ And it is immoral to leave our soldiers mature withdrawal from Iraq and sub- This is the enemy we face, and we dying and bleeding in the midst of a sequent implosion, I feel I must sup- face him foremost in Iraq. If we leave centuries-old religious conflict that is port this new strategy. I will support Iraq before subduing him, he will fol- not of our making and is not of our this new strategy. Defeat is not an op- low us to America. Make no doubt power or responsibility to resolve. tion. about it, the consequences in Iraq are In written comments, I describe what What are the options, Mr. Speaker? immense. Don’t take my word for it. I believe is a better course. Some of our Clearly, many. Many, if not most, of Read the report of the Iraq Study friends have said there are no plans. I my Democrat colleagues want to cut Group. Read the National Intelligence have offered a plan, and I urge you to off funding for our troops and withdraw Estimate. Read the work of the Middle look at it. from Iraq. This is well known. And I re- East scholars at the American Enter- But before I conclude, I must also respect their views when they are heart- prise Institute, Heritage Foundation, spond to those who suggest that if we felt. But since Democrats control a ma- Brookings Institute. don’t give unquestioning support to jority in both houses of Congress, why If we do not pursue success, Iraq will this administration regardless of what are we voting on a nonbinding with- become what Afghanistan once was. It they ask for, regardless of history, and drawal resolution? will be a breeding ground, a safe haven regardless of the evidence on the for the recruitment, training, financing b 1330 ground, that we are empowering the and sanctuary of radical Islamists bent terrorists or undermining our troops. I That is why this is a sad day. Some- upon attacking our Nation and our believe the evidence suggests, from where over in Baghdad right now is a families. We cannot wish it away, we this war, that while there may be dif- marine sergeant who is tired, he is res- cannot hope it away, we cannot dream ferences of opinion about policy, this olute, he has dirt on his face. But you it away. There will be no greater event Congress and the American people have know what? He volunteered, he loves to empower radical Islam than our de- and will continue to support our America, he loves his freedom. He has feat in Iraq. troops. It is a sign of strength of our a picture in his wallet. His parents are Mr. Speaker, it doesn’t have to be very form of government, which is, praying for him. He is thinking about this way. We are Americans. We can after all, what we are hoping to pro- his wife. meet this threat. We can work to- mote in Iraq and elsewhere in the Who, who in this body, what Member gether. Vote against this resolution. world that we should have this debate. can go to that marine and say, you Support our troops. Protect our Nation Our allies and adversaries understand know what? I don’t believe in your mis- and our children from this threat. that if we turn the course of a failed sion. I don’t believe you can succeed. I Mr. ACKERMAN. Mr. Speaker, I am policy and the President has not been don’t believe you can win, and I am glad to see so many people on the other honest with us, that is not cutting and going to oppose reinforcements. Guess side of the aisle have discovered the re- running; that is wisdom, it is courage, what? I have the power to bring you port of the Iraq Study Group. and it is honesty. That is what this res- home, but I am just not willing to do It is now my pleasure to yield 51⁄2 olution is about. That is what we owe it. Because if I do it now everyone will minutes to a senior member of the the soldiers who have already given know it, and I have to take responsi- Ways and Means and Agriculture Com- their lives, and that is what we owe the bility, and I am just not willing to do mittees, the gentleman from North Da- families and that is what we owe the that. kota (Mr. POMEROY). future of this Nation. Mr. Speaker, if you believe in some- Mr. POMEROY. Mr. Speaker, yester- Mr. SAM JOHNSON of Texas. Mr. thing, stand up for it. Where is the day morning I had an experience I will Speaker, I would like to yield now to courage? Where is the conviction in a never forget. In the snow, in the slush the chairman of our Republican Study nonbinding resolution? and the ice, I joined the family of Committee, Mr. JEB HENSARLING from Mr. Speaker, we all know that fight- Major Alan Johnson as his body was Texas, 51⁄2 minutes. ing this war is costly. Like many Mem- laid to rest at Arlington Cemetery. He (Mr. HENSARLING asked and was bers of this body, I have met with the had lost his life in an IED explosion in given permission to revise and extend mothers of the fallen soldiers. Their Iraq just 2 weeks before. his remarks.) burden and sacrifice is profound. But I On behalf of the people of North Da- Mr. HENSARLING. First, I want to never, never, never want to meet with kota, I expressed to the extent I could thank my dear friend, and a genuine the mothers whose children may perish our profound condolences for the fam- American hero, for yielding time to me in the next 9/11 if we accept defeat in ily’s loss. The major’s grieving widow today. Iraq. stared into my eyes and said, ‘‘Do what Mr. Speaker, speaker after speaker Iraq must be seen in the larger con- you can for our troops over there.’’ on the other side of the aisle have come text of the war with radical Islam, and This is not just a plea and a prayer of to the floor to speak against the past whether we like it or not, the battle the families of our soldiers, it is the de- decision to go into Iraq. They criticize lines are drawn in Iraq. Don’t take my mand of the American people. I believe past lapses of intelligence, they criti- word for it, listen to what the jihadists each and every one of us here shares an cize past actions, they criticize past have to say. Listen to Osama bin intense commitment to our soldiers setbacks. They want to live in the past. Laden, ‘‘The epicenter of these wars is that comes right from the bottom of

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE February 15, 2007 CONGRESSIONAL RECORD — HOUSE H1697 our heart. This debate is revealing a ciplined and determined. They have su- We have heard it said that this reso- sharp difference between us in how to perbly performed everything that has lution calls for a new direction in Iraq. proceed in Iraq. been asked of them. But I defy those who say this, to say But there are no differences when it However, the United States alone what that new direction is. It is cer- comes to all we share about the valor cannot create a democracy in Iraq. tainly not apparent in this resolution. our soldiers have displayed in service Only the Iraqi people can achieve that. This resolution is only an empty oppo- to our country. I have seen it person- A broad group of experts, including sition to the Commander in Chief’s ally in the four trips I have been to the bipartisan Iraq Study Group, plan to deploy the Armed Forces as the Iraq. I have seen soldiers in full battle former Secretary of State Colin Pow- generals on the field see fit. gear, in 133 degree heat, doing their ab- ell, the former senior military com- This two-sentence resolution, sense solute best to perform their mission. I mander in the region, General John of Congress, is not a new plan for vic- have seen North Dakota National Abizaid, have all rejected the strategy tory. In fact, it is not even a new plan Guard soldiers charged with training of escalating U.S. troop numbers as a for bringing the troops home now, but up Iraqi soldiers through an impos- means of bringing the factions of Iraq to leave them in the field with under- sible, absolute, language barrier. together. manpower. It is little more than a gift I have seen other soldiers just back The bottom line is that this troop es- to our enemies who have been pa- from the life-threatening business of calation will increase the terrible cost tiently awaiting the American finding and detonating these explosive of this endeavor, more lives lost, more naysayers to erode the American con- devices, saving American lives while young men and women maimed forever, fidence in our mission. keeping essential roads open. Like more tens of billions spent, all without Our enemies do not lack morale, and most of you, I have mourned and improving our prospects for an accept- we fuel their exuberance with this prayed with shattered families whose able outcome. drive for success every time they hear sons and daughters have lost their lives Under these circumstances, I will us speculate on withdrawal. Our en- in selfless service to our country and vote to oppose this escalation of emies are fighting us, against us and all we care about. troops. It is part of what I believe we our servicemen and our allies, with the So I cannot get Tori Johnson’s fer- must do. Under these circumstances, I belief that each headline brings them vent request out of my mind, take care will oppose this escalation of troops. It closer to victory. of our soldiers over there. Honestly, is part of what I believe we must do to Our brave men and women in uniform there is nothing I care more about as a support our soldiers over there and the are up to the task. But they need our Member of this House. American interests they have put their support, not empty proposals that So, how do we respond? We take care lives on the line to defend. doubt their ability to secure the peace. of our soldiers over there by making Mr. SAM JOHNSON of Texas. Mr. Millions of peaceful Iraqis are strug- certain they have the equipment they Speaker, at this time I would like to gling to rebuild their Nation after the need as they undertake this most dif- yield 41⁄2 minutes to Mr. GARRETT from cruel reign of Saddam. They want an ficult and dangerous mission. We take New Jersey. opportunity to build a better future for care of our soldiers over there by mak- Mr. GARRETT of New Jersey. Mr. their children, and they ask for our ing certain their deployments are only Speaker, the authors of this resolution help to secure that peace. for acceptable periods and at accept- say that we should provide our troops Will we now stand aside while al able intervals, with enough time at with all the resources they need, Qaeda and Iran support factions that home in between to heal, to rest and to whether it be armor, bullets and would enslave them once again? You train. But beyond these things, we take Humvees. That is, all the resources know, it was Franklin Delano Roo- care of our soldiers over there when we they need, except two; and I would sevelt who knew the repercussions of as a Congress make certain the mission argue they are the two most critically failing to support those nations that they have been sent to perform has a important ones: manpower and the sup- are struggling for liberty, when he reasonable chance of success. port of our national leaders. said, and I quote: ‘‘Enduring peace can- In a war where so many tragic mis- This Democratic resolution can be not be bought at the cost of other peo- takes have been made, this Congress summed up in three simple words, to ple’s freedom.’’ must not sit quietly by while addi- ‘‘stay the course.’’ The irony here is in- FDR also declared that we are com- tional plans are cooked up in Wash- escapable. Just months ago the very mitted to full support of all those reso- ington, whose only certainty is to ac- same supporters of this resolution de- lute people everywhere who are resist- celerate the loss of American lives, rided the Pentagon and the White ing aggression and are thereby keeping compound the already severe strain on House for proposing to stay the course, war away from our hemisphere. We our military capability and accelerate but today they bring exactly that same cannot have peace in Iraq by handing the burn rack of taxpayer dollars spent strategy to life in their resolution. over those who have worked to build a in Iraq. This resolution doesn’t propose a new Nation based on freedom and justice For these reasons, this resolution is a course of action. It doesn’t have the and peace, turn it over to those violent very important opening statement for courage of its author’s rhetoric, con- brethren who seek only destruction of this Congress to make in Iraq in 97 victions, to change the course of the those principles. Make no mistake words. It states our support for our sol- war. It simply states that this Congress about it: If we stay the course, as this diers, while opposing the President’s will not support the new approach pro- resolution would have us do, it will not plan to escalate the number of troops posed by our new commander and the be long before this war returns to our we send into the middle of the Shia- Iraq Study Group. shores Sunni violence taking place in Bagh- General Petraeus, the chief architect I would like to end with the words of two in- dad. of this new plan, was confirmed unani- dividuals. The paths they have traveled to now On one of my trips to Iraq, a soldier mously by the Senate, and yet many in and the paths they desire to take in the future said to me, ‘‘We can stand up an Iraqi that body and this body are adamantly could not be any more different. But, they are Army, but we cannot create a country opposed to this very strategy he now equally strong in the passion they bring to for this army to defend.’’ This simple seeks to implement. So it begs the their beliefs. And, their words should be in- truth goes right to the heart of the question: If the general is the right structive to us in this debate. issue and exposes the flaw of the Presi- man for the job, then why is his plan First are the words of Abu Omar al- dent’s plan. now not appropriate? Baghdadi, the leader of al-Qaeda in Iraq. He Without the commitment between They claim to support the troops but says: ‘‘We have drunk blood in the past, and the warring parties in Iraq to stop the seek to undercut their new leader’s we find no blood sweeter than that of the killing and create a political agree- strategy. How can we support the Christians. Know that offense is the best form ment upon which a national govern- troops when we insist that their orders of defense, and be careful not to lay down ment can exist, 20,000 more U.S. sol- are faulty? We cannot praise the gen- your weapons before the war is over.’’ While diers are not likely to bring about a eral out of one side of our mouth while we quibble over words here on the floor of the lasting peace. Our soldiers are dis- mocking him out of the other. House of Representatives, our enemies speak

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00027 Fmt 7634 Sfmt 9920 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE H1698 CONGRESSIONAL RECORD — HOUSE February 15, 2007 with frightening clarity of conviction. Can there We have had phone calls, e-mails, mes- yield 5 minutes to Mr. TODD AKIN from be any doubt that this resolution solidifies the sages. They want our young men and Missouri. resolve of the jihadists he leads and inspires? women back. They do not want to esca- Mr. AKIN. Mr. Speaker, we rise today In stark contrast are the words of one of my late it any more. Families have suf- to discuss this resolution that is in two constituents, Ron Griffin, who 45 months ago fered enough already. There is no jus- parts before us. The first part says that lost his son, Kyle, an Airborne Infantryman tification for causing more pain and we support our troops. The second part serving in Iraq. ‘‘We never felt lost or alone for adding to the suffering of the mothers says that we are not going to send we were literally carried through our sorrow by and of the fathers and of the husbands them reinforcements. This seems to be the resolute, soothing and comforting hands of and the wives and the sons and the kind of a curious proposition, almost a countless human beings whom I only hope daughters and other loved ones. We nonsensical proposition. How do you can truly understand how they made life worth speak of the soldiers who have lost say you support and then say, but we living. . . . What I see [now] is a people pum- their lives in Iraq in this war. We speak don’t want to send them any rein- meled into acquiescence. The loss of these not of the thousands of injured and the forcing troops? Certainly we say that wondrous warriors is of itself a weight that is suffering they and their families are we want to give them body armor, we almost unbearable to struggle under, but when being put through. The consequences of want to give them up-armored accompanied by the din of negativity it be- the war in Iraq extend far beyond the Humvees, we want to send them tanks; comes to most people a burden.’’ awful tally of the 3,100 killed and the but the most important thing that you Can there be any doubt that this resolution 23,000 wounded. need sometimes as troops is some other does nothing more than add to the din of neg- The Nation’s economic consequences troops to support you. So we are say- ativity of which Mr. Griffin speaks? of the escalation are profound. Point ing, oh, we want support, but we don’t I have faith that we can stand strong. I op- one: every portion of our budget has want to support you. pose this empty resolution to stay the course. been cut and continues to be cut except Picture Davy Crockett at the Alamo. I stand up for an America that is just and free for defense spending. The worst budget He has his back to the wall. Santa Ana and a friend to those who seek liberty and cuts are taking funding away from our has got thousands of troops. So he gets peace. veterans, the very men and women who his BlackBerry out. He checks with put their lives on the line in Iraq and Congress. Congress says, Hey, Davy, we b 1345 in other wars. We regularly receive let- really support you but we’re not going Mr. ACKERMAN. Mr. Speaker, I now ters and phone calls, e-mails, from con- to send you any troops. That doesn’t yield 5 minutes to the Chair of the Nat- stituents who ask me to fund vital, make a whole lot of sense to me. ural Resources Subcommittee on Water successful, necessary programs for Now, as I said, this resolution has and Power, the distinguished their communities; but we cannot sup- two parts. It says, We support you but gentlelady from California, Represent- port our communities with the funds we’re not really going to send any ative GRACE NAPOLITANO. they truly need as they are instead troops over. Mrs. NAPOLITANO. I thank the gen- being diverted to a war we did not The third part is what concerns me tleman for yielding. seek. Vital social services, critical to the most. As Congressmen, we have the Mr. Speaker, I join my colleagues in the well-being of the people of my dis- responsibility to listen, to pay atten- total opposition to the President’s trict and certainly of all other dis- tion. If somebody has a better idea, plan, a plan that escalates the number tricts, are again being cut. that is just fine. Send your better idea of our young men and women, Amer- Other consequences of the war are forward. We are ready to be taught or ican troops, being sent to Iraq. But the social consequences. These soldiers to learn. If there is a better way to ap- what are we talking about? What are fortunate enough to return home alive proach Iraq and the situation there, the words in this resolution? It says, and in good physical health suffer long- good. But this proposal has no positive Resolved by the House of Representa- term mental health problems, Mr. suggestion whatsoever. It just says we tives that, one, Congress and the Amer- Speaker, as a direct consequence of support and we don’t support. All that ican people will continue to support their deployment, not one, not two, but does is to encourage our enemies. And and protect the members of the United possibly three and more deployments without any positive recommendation, States Armed Forces who are serving in Iraq. this can only be viewed as something Yet our services to them and their or who have served bravely and honor- which strengthens our opponents’ families not only are sadly lacking and ably in Iraq; and, secondly, Congress hands. They say, Goody, we’ve got the underfunded; they are being cut. We disapproves of the decision of President Americans all confused. They’re saying have not enough money to be able to George W. Bush announced on January support and don’t support at the same deal with the devastation in the minds 10, 2007, to deploy more than 20,000 ad- time, with no positive recommenda- of not only these men and women but ditional United States combat troops tions whatsoever. their families to be able to deal with to Iraq. That is what we speak to. Now, I have heard people say that the consequences when they return I did not vote for the war resolution, this is a civil war. It is not really a home and try to regain a normal life. and I do not believe that sending more Families are being torn apart more civil war yet. If we pull all the troops young Americans to Iraq and putting so by this war than any other war. out immediately, it will turn into a their lives at risk will change the situ- There are suicides. There is divorce. civil war, no doubt about that. But ation. Since the beginning of the Iraq There is homelessness now. Their chil- what we do have is, we do know this, conflict, our valiant men and women in dren are forced to grow up without that the terrorists have been involved uniform have not received the adequate their father or their mother. Parents in setting one group of people against training nor the proper life-protection are losing children. No mother should another. They blow up a holy place of equipment required to ensure their have to bury a son or a daughter. the Shias and the Shias start fighting safety. I visited one of the armories I urge the President to work with the Sunnis. And so, yes, they have where 2 years after the Iraq war had Iraq’s neighbors and the international sparked a whole lot of unrest, particu- started. They were still making the community to ensure other countries’ larly in Baghdad. It is not a civil war doors for the Humvees to protect them commitments to Iraq’s security situa- yet. But do we think that the terrorists from those bombs that were killing and tion, the training of Iraqi troops and aren’t going to do the same thing in maiming our men and women. police, and, of course, financial sup- other countries where you have the one The President’s proposal to put more port. Escalation is certainly not the leadership with a majority of people in troops in harm’s way, into the middle answer and I cannot and will not sup- the other tribe. of a civil war, whether you like it or port such a policy. So I don’t think it is much of an es- not, it may be local, but it is a civil I certainly want to say thank you to cape to say, oh, well, this is a civil war. war, where neither side backs our con- our brave men and women in uniform What it is, it is a war against terror- tinued occupation, further endangers for your bravery and your service. Our ists. Regardless of how you want to our troops. prayers are with you and your families speculate what might happen if we My constituents are not in favor of Mr. SAM JOHNSON of Texas. Mr. leave all of a sudden, at least I would the escalation by a margin of 50 to 1. Speaker, at this point I would like to respect the Democrats more if you

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE February 15, 2007 CONGRESSIONAL RECORD — HOUSE H1699 would just simply say, we need to cut our lives, that we will be fighting the objective war. If it had not been, we and run, or we need to stay where we terrorists here. would be ruling Baghdad today, at are. But don’t just leave a blank piece Mr. ACKERMAN. Mr. Speaker, I unpardonable expense in terms of of paper and say we support and don’t yield 5 minutes to the chairman of the money, lives lost, and regional rela- support. It doesn’t make any sense. All Small Business Subcommittee on Reg- tionships.’’ it does is help the enemy. ulation, Health Care and Trade, the Now, a year earlier there was an ob- It seems to me that we need to as distinguished gentleman from Texas, servation, ‘‘Once you got Baghdad, it’s Americans one more time as we have in CHARLIE GONZALEZ. not clear what you do with it. It’s not the past take a good, serious gut Mr. GONZALEZ. Mr. Speaker, I clear what kind of government you check. I have a chance to speak to would like to establish a ground rule would put in place of the one that is American audiences everywhere and for all my colleagues, and that is, re- there now, Saddam Hussein. Is it going lots of little kids and I always ask the gardless of how you vote on this resolu- to be a Shia regime, a Sunni regime, or same question. I ask the question, If tion, no one will question your patriot- a Kurdish regime? Or one that tilts to- you were to take America that you ism. If we can just start with that wards the Baathists, or one that tilts love and condense it down as to what benchmark, I think we will have a towards the Islamic fundamentalists? do you really believe about this coun- higher degree of debate and in good How much credibility is that govern- try, what is the heart and core of faith. ment going to have if it is set up by the America? The answer that I almost al- Mr. Speaker, this resolution is about United States military when it is ways get is the word ‘‘freedom.’’ duty and responsibility, the duty and there? How long does the United States But freedom needs a little bit more responsibility that Congress owes to military have to stay to protect the definition. The Tiananmen Square Chi- our men and women in uniform. Our people that sign on for that govern- nese students wanted freedom and they first duty is to make wise and educated ment? And what happens to it once you greased the tank treads with their bod- choices in identifying a threat, the ne- leave?’’ That was 1991, spoken by then- ies. But they didn’t get freedom. Just cessity of action and the legitimacy of Secretary of Defense and current Vice because you want freedom doesn’t the goal before committing or con- President of the United States, Dick mean you can have it. tinuing to commit more of our troops Cheney. So what is the heart of what we be- to the war. We remain a good and great Nation, lieve as Americans? Well, I will tell When considering this resolution, but we have done all the good in Iraq you. The first time we went to war we which reflects that an escalation of the that we are going to do. An escalation stated that and we had quite an argu- war is unwarranted and is not in the only delays the day that the Iraqis as- ment and discussion about it. And it best interests of our Nation and our sume the responsibility of setting aside was put in the Declaration of Independ- troops, each of us must ask one funda- their sectarian differences and embrace ence: We hold these truths to be self- mental question: Is escalating and con- the promise of democracy that we have evident that all men are endowed by tinuing the war in Iraq worth fighting delivered to them. We cannot do this for them, whether we send in 20,000 or their Creator with certain inalienable and dying for? Because that, in the 200,000 more troops. And we cannot ig- rights, that among these is life, liberty final analysis, is what we decide. We nore the lessons of history, the views of and the pursuit of happiness. And the seek an answer to this question, but we military experts and the will of the job of government is to protect those must be ever mindful that the courage American people. basic, fundamental, God-given rights. and bravery of our troops is never ques- That is what they believed and they It is time for our troops to start com- tioned. Our soldiers’ valor and commit- ing home. And it is time for the Iraqis had to decide: Are we going to fight the ment are not diminished by the errors to start building a home. Vote ‘‘yes’’ British or not? Those are the things in judgment made by their civilian on this resolution. that I taught to my children. leaders. The question is whether the Mr. ENGEL. Madam Speaker, for the This is a picture of the Marine Club mission in Iraq is worth their sacrifice. purpose of unanimous consent, I recog- with my 9-year-old son standing here, As we move forward with this decision, nize the gentleman from Arizona. saluting the flag as it is going up. We we must recognize the lessons of his- (Mr. PASTOR asked and was given taught him that there are some things tory, or we are doomed to repeat its permission to revise and extend his rein this world that are worth dying for grave mistakes. marks.) and that one of those things is the fact b 1400 Mr. PASTOR. Madam Speaker, I rise that God gives us basic inalienable in support of the resolution. rights. That little Marine Club kid has For example, ‘‘The public has been Madam Speaker, I am proud that grown up. led into a trap from which it will be under our Speaker’s leadership, Con- There he is in Fallujah in 2005. That hard to escape with dignity and honor. gress today is voicing the will of the is the cache of terrorist weapons that They have been tricked into it by a American people in opposition to the they found in Fallujah. He has grown steady withholding of information. The Administration’s deployment of more up. He understands the risk to his life. Baghdad communiques are belated, in- U.S. military personnel to Iraq. Voters He almost died in Fallujah. He be- sincere, and incomplete. Things have made it clear in November that they do lieves, as I do, that there are some been far worse than we have been told, not support the administration’s cur- things in this world that are worth de- our administration more bloody and in- rent strategy. It is time that Congress fending. This is not a war about a civil efficient than any that public knows. act to bring U.S. policy in line with re- war. This is head to head with terror- We are, today, not far from a disaster.’’ ality. ists. Now, the parallels are uncanny, and I opposed the initial resolution au- And is it surprising that we find our- you are wondering who may have said thorizing the President to invade Iraq, selves fighting terrorists? Terrorists that. The quote was 86 years ago, and it because I felt that the administration believe, we blow up innocent people to was a communication from T.E. Law- had failed to exhaust diplomatic rem- make a political statement. We believe rence, better known as Lawrence of edies and allow the U.N. weapons in- that the right to life comes from God, Arabia, in August of 1920, from Bagh- spectors to finish their job. Since the that it is an inalienable right. The ter- dad. invasion, however, I have supported rorists terrorize people to compel you Continuing. ‘‘The situation in Iraq is funding the war effort to ensure that to take your liberty away and we be- grave and deteriorating. In addition, our troops on the ground have the lieve that liberty is a gift that comes there is significant underreporting of equipment and support that they need- from God. We are going head to head violence in Iraq. The standard for reed. But increasing troop levels and fail- with people that have always been the cording attacks acts as a filter to keep ing to question the President’s policy enemies of America, and I am con- events out of reports and databases.’’ is a disservice to our courageous men cerned that if we do not stand up and More Lawrence of Arabia? More 1920? and women in uniform. We cannot keep show that we not only think that it is No. 2006, the Iraq Study Group report. asking them to put their lives on the a nice idea in our Declaration but it is Let me continue. 1992, General Colin line every day for objectives that have a conviction that we will defend with Powell. ‘‘The Gulf War was a limited become increasingly unclear.

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE H1700 CONGRESSIONAL RECORD — HOUSE February 15, 2007 The President declared ‘‘mission ac- other nations that we are unreliable as the Sunni and Shia militias, with our complished’’ in May 2003, and in a sense an ally, and they can no longer count troops in the middle. he was right. Saddam Hussein and Iraqi on us in times of distress. In fact, in a recent hearing here in weapons of mass destruction are no My son proudly served in the Army. Washington, it was entitled, ‘‘Iraq: longer a threat to our nation. The Iraqi And during this time of service, I got What Will it Take to Achieve National people have held free elections and to know many of his peers in uniform. Reconciliation?’’ drafted a constitution. The violence we I am not prepared to say to these men Basically, as this hearing pointed see in Iraq today is based in sectarian and women, nor to the young man fall- out, the key mission that we have conflict—it has become a civil war. The en in battle, that I will go to right given to our troops is to somehow now outcome depends not on the American after this speech at Walter Reed Hos- reconcile the differences between will to stay in the fight, but on the will pital, that I support you but I don’t Sunni and Shia in Iraq. Just to be clear of the Iraqi people to forge their own support the mission you serve, and the on this, Madam Speaker, the Sunni and future. We cannot do it for them. blood you shed on the battlefield was Shia have been in frequent conflict Troop surges in the past have not in vain. since the year 632 A.D., following the worked. No number of American troops I am not prepared to call for a pre- death of the prophet Mohammed. That in Iraq can fix what is essentially a po- cipitous withdrawal from Iraq that will is what we have asked our troops to do, litical problem. The only surge I sup- leave the Nation ripe for terrorism and in essence, to convince the Iraqis now port is a surge of diplomacy. It is time ultimately bring the war on terror to stop killing each other and to em- to bring our brave young men and back to American soil. brace democracy instead. women home from Iraq. Their job there My neighbors in south central Michi- The President has now asked our is done, and their skills and dedication gan and across the country deserve to brave sons and daughters to take up a can be better used on the real fronts of be protected from enemies of freedom. police action or essentially a civil af- the war on terrorism, both domestic And they ought to have a Congress fairs action, going door to door in and abroad. that doesn’t shirk its responsibilities Baghdad. The mission in Iraq has Mr. SAM JOHNSON of Texas. Madam to soldiers and sailors and airmen sent changed. I have to wonder, how many votes Speaker, at this time I would like to into harm’s way to ensure this war is would the President and Vice President yield 31⁄2 minutes to my colleague from fought off American soil. have gotten initially if they had been Michigan, TIM WALBERG. So we come to this time of choosing honest and said, We want to send our Mr. WALBERG. Madam Speaker, today. Are we willing to abandon our sons and/or daughters to Iraq in order throughout our Nation’s rich history, troops as they implement the new to reconcile the differences between we have reached moments where we ar- strategy based on quantifiable goals the Sunni and the Shia who have been rive at what President Ronald Reagan and measurable results? I hope not. fighting for almost 1,400 years. Not described as a time for choosing. Today I challenge my colleagues to honor many, I think. But that is where we is such a day. America’s brave men and women serv- now find ourselves and our troops. This week, the House is asking our- ing in the name of freedom and oppose While the mission in Iraq has changed, selves a simple question: Will we this resolution of retreat. the President is staying the course. choose to go forward with the resolve Mr. ENGEL. Madam Speaker, I now What’s more, he has decided to push and determination needed to win the yield 5 minutes to the gentleman from even harder in the wrong direction. war on terror by supporting our brave Massachusetts, a member of the Finan- Now is the time that the American troops, or will we retreat and wait for cial Services, Oversight and Govern- people have fairly asked, What will the fight to return to American soil? ment Reform Committees, and chair of Congress do? Many of my colleagues It was Winston Churchill who once the House Task Force on Anti-Ter- believe that this resolution doesn’t go said, ‘‘Never believe any war will be rorism Funding, Mr. LYNCH. far enough; and in honesty, I tend to smooth or easy or that anyone who em- Mr. LYNCH. I thank the gentleman agree with that assessment. But I do barks on a strange voyage can measure for yielding. believe that this resolution presents a Madam Speaker, I rise in support of the tides and hurricanes he will en- solid and meaningful step in the right counter.’’ House Concurrent Resolution 63, which direction. With this in mind, I acknowledge opposes the President’s plan to esca- There will be a further debate in that the war in Iraq is not going as late the war in Iraq. I do so because I coming weeks on the funding on how to well as we all had hoped or wanted. am in total agreement with Generals best protect our troops while Mistakes have been made. Thousands Casey and Abizaid, who have said that transitioning to Iraqi control in Iraq, of precious lives have been lost, and what is needed in Iraq is a political so- and we will have more opportunity to there are likely more tough times to lution and not a military one, and that do that. come. additional troops are not rec- Lastly, I would like to address the My wife and I pray for the men and ommended. argument that the continuing war in women in uniform and grieve for every I have had a chance to travel to Iraq Iraq is necessary for fighting the global loss of life and injuries inflicted on five times now, and based on my own war on terrorism. As I have said before, these heroes who proudly serve our Na- observations in places like Fallujah I have been to Iraq five times now. One tion. I, as much as anyone else speak- and Tikrit and Al Qaim out on the Syr- of the questions that I have repeatedly ing today, want this war to be over. ian border, I firmly believe that it is asked our people on the ground is, How But this resolution essentially tells the Iraqi people who must ultimately much of this fight in Iraq is part of the these soldiers to give up because the decide whether they are committed to global war on terror? How much of it is cause they have nobly served is no building a better life for their children involving foreign fighters in al Qaeda? longer worth the courage and vigor through democracy, or whether they Unanimously, they have recommended necessary, and protecting the Amer- are more committed to an all-or-noth- that it is about 10 percent of the fight ican people and keeping terrorists off ing sectarian conflict between Sunni in Iraq. American soil are no longer national and Shia. So 90 percent of our cost, 90 percent priorities. Madam Speaker, I believe that pack- of our sacrifice, is in a matter that has As Americans we are reluctant war- ing more troops into the narrow streets nothing to do with the global war on riors, but throughout history, when our of Baghdad would be a disaster. As our terror. In fact, the Defense Department troops have been in harm’s way, Amer- daily briefings indicate, the dominant now says that the Mahdi Army, the ica has supported them and made cer- conflict now on the ground in Iraq is no main Shia militia, has replaced al tain our troops have the necessary re- longer Coalition forces against al Qaeda as the most dangerous force in sources to accomplish their mission. Qaeda and supporters of the Baathist the increasing violence there. In a cynical way, this resolution says regime. As the daily body counts of If we are truly committed to the America has already lost and the lead- tortured and executed Iraqis indicate, global war on terror, I might point out ers of our country no longer believe our the prevailing conflict on the ground in we have a situation in southeast Af- troops can achieve victory. It tells Iraq now is a brutal civil war between ghanistan and in Waziristan, where the

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My fear is not based on wild as- There is a reason that the framers of haven to be established for the Taliban. sumptions or partisan politics, but our constitutional system chose in Ar- If we are indeed committed to pro- what leaders are already saying they ticle I to establish that Congress is the tecting America and the global war on are planning to do. first branch of the government, to terror, I would suggest that there are The passage of this resolution has oversee the Executive. One of the rea- smarter and better ways to do that. been called a baseline. And the Speaker sons that we are here today is because Yes, the American people are waiting of the House has called it a first step. the majority at the time never asked a for this Congress to take a stand. It is And then she added that approval of question of the Administration. Every- time to step up. I ask my colleagues to this resolution will set the stage for thing the Administration said, the Re- support this resolution. It is the first additional Iraq legislation which is set publican majority at that time in Con- step in eventually bringing the troops to come before the House. gress went along with. home safely I am mindful of the thousands of sol- b 1415 ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE diers who have died, more than 3,200. I The SPEAKER pro tempore (Ms. Leaders have been tight lipped about am mindful of the 21,000 today who have been wounded. I am mindful of BALDWIN). The Chair must remind all the pending legislation. But we have Members that it is not in order to en- learned that what they want to do is those who continue to serve our coun- gage in personalities toward the Presi- set the stage for legislation that will try bravely and honorably, and that dent or the Vice President fence off and limit funding by tying the the burden of this war has fallen on Mr. SAM JOHNSON of Texas. Madam hands of our commanders on the these troops and their families. There Speaker, at this time I would like to ground, by presenting benchmarks that has been very little sacrifice asked of the American people. yield 4 minutes to Mrs. SHELLEY MOORE will be written so that certainly those But those who have sacrificed de- CAPITO of West Virginia. funds cannot be spent. To be sure, such serve a frank and honest debate about Mrs. CAPITO. I would like to thank actions would restrict funds and tie the President Bush’s policy. This is the de- the gentleman from Texas for yielding hands of our commanders in Iraq. I cannot and will not support any effort bate we should have had 4 years ago. me time. You cannot edit history. We know Madam Speaker, I rise today real- to systematically disassemble our today there were no weapons of mass izing the seriousness of this resolution greater effort, to defend our liberties destruction. There was no enriched and the importance of the debate on and our way of life, and to provide our enemies with a breath of hope that we uranium from Niger. There was no con- the war in Iraq. nection to al Qaeda. We were not wel- As we continue this debate, I hope have lost our will. comed as liberators in war. And 31⁄2 that all of us remember we have seri- Let me be very clear to my constitu- years later, the mission has not been ous disagreements about what this resents and the men and women in uniform. I will never vote to cut funding accomplished. olution says or intends to do, but that Madam Speaker, like the vast major- for our troops, nor will I allow my vote we cannot and should not besmirch one ity of the American people, I agree on a symbolic resolution, one that has another’s opinions and the right to that the war in Iraq is going badly and the force of politics and not the force that opinion and belief. getting worse. I attach great signifi- of law, to be used as a baseline or a I would also like to say how proud I cance to the National Intelligence Es- first step towards cutting funding for am to be an American, to realize the timate. The overall security situation bounty of our Nation, to appreciate the our troops. in Iraq has deteriorated, as they have I will assertively maintain my sup- strength of our forefathers, and to said, with 2006 being one of the dead- stand in awe of our democracy. port for the troops in my words and my liest years to date. The war has in- As the daughter of a World War II vote, and I will continue to analyze creased Islamic radicalism around the Purple Heart veteran, I have a great how I can best help achieve success in world and has helped to destabilize the understanding of the sacrifices that Iraq so that we may begin to bring our entire Middle East. By any objective have been made in the past to allow us men and women home. standard, Iraq has descended into to live freely. I understand and fullly In that spirit I plan to vote against something worse than a civil war, as appreciate the men and women who this resolution. noted by the Iraq Study Group, and our have so bravely put themselves on the Mr. ENGEL. Madam Speaker, I now American troops are caught in the mid- frontline to protect our country. yield 5 minutes to the gentleman from dle. And let us call it for what it is: a I have thought a great deal about Massachusetts (Mr. NEAL), a classmate civil war. what I want to say today and how I of mine and distinguished member of Yet President Bush, nearly 3 years want to say it. When the President an- the Ways and Means Committee. after declaring an end to major combat nounced his plan for a troop surge last Mr. NEAL of Massachusetts. Madam operations in Iraq, is sending another month, I expressed my disagreement. Speaker, I thank Mr. ENGEL for yield- 20,000 American troops into battle. And And as we debate this resolution today, ing. Vice President CHENEY, in the face of I still harbor those grave concerns. Last Saturday in my hometown of insurmountable evidence, continues to While I have voiced a disagreement Springfield, Massachusetts, I spent the declare that Iraq is a success. over tactics on how to achieve success day welcoming back 150 brave Amer- As we debate this resolution today, it in Iraq, the fact remains that I have ican soldiers from the 181st Engineer is clear that support for the war is at a not backed away from my belief that Battalion of the National Guard who tipping point. Our intelligence commu- success in Iraq is vital, and that leav- just completed a year-long deployment nity, speaking collectively in the re- ing Iraq prematurely would be disas- in Iraq. Their mission was to provide cent NIE, they believe that the future trous for our Nation’s security and the security for their fellow of Iraq is grim. And, most signifi- stability of the Middle East. servicemembers and to protect mili- cantly, our distinguished military com- And let me stress that I will never tary facilities. This group included manders believe it is time for a new di- back away from my commitment to members who possessed the Bronze rection. General Powell, General Zinni, the men and women who serve in our Star, the Combat Action Badge, and General Batiste, General Gregory New- military, and I will not support any- the Purple Heart. Every Member of bold, and others have all expressed con- thing that I believe endangers their this House and Senate has participated cern about the future of Iraq. These are safety while they serve in harm’s way in ceremonies similar to this across the individuals who were involved in the to protect our country. country. We might have our differences planning and execution of the war; and, So I rise today in opposition to this about the war, but we find common obviously, they do not like what they resolution. My opposition lies not in ground in our steadfast support for see.

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE H1702 CONGRESSIONAL RECORD — HOUSE February 15, 2007 Even former director of the National ment in a speech about the radical ele- What is great about this country is Security Agency under President ment, small but radical element, with- the respect we place on human life, the Reagan, retired Lieutenant General in the Islamic faith and the violence preciousness and sacredness that William Odom, acknowledged on Sun- associated with that element. And the Americans have for human life. That is day that ‘‘the President’s policy in Iraq reaction to the Pope’s statement about the difference between us and the ter- is based on illusions, not realities.’’ violence among this radical, but small, rorists. That is why it is so important I do not believe that public opinion element, the reaction to his statement to confront these folks wherever they alone should shape public policy, but about violence was violence. It was the choose to fight us. Right now that no one should underestimate the intel- destruction of churches, the destruc- place is Iraq. That is why this resolu- ligence of the American people. They tion of buildings. It was the taking of tion is bad. are convinced that ‘‘stay the course,’’ a life of an innocent nun in Italy. That Ladies and gentlemen, we should not as President Bush has suggested, has is what we are up against. pass a resolution in which politicians not succeeded. This Democratic resolution puts us second guess our military leaders in Every Member of Congress wants our on a path towards leaving Iraq before the field. We should not pass a resolu- soldiers to succeed in Iraq. No elected victory is attained. It puts us on a path tion that will embolden our enemy. representative in this institution that will cut funds to our brave men And, most importantly, we should not would ever seek to undermine our serv- and women already in battle. It puts us waver in our commitment to protect icemen and women. But the facts are on a path that is wrong for America. human life and to confront the evil clear. The war in Iraq is the most im- And, most importantly, I think, it puts that is among us. portant issue facing America today, us on the wrong path that will most as- I urge a ‘‘no’’ vote on the resolution and our constituents are entitled to suredly embolden the very people who Mr. ENGEL. Madam Speaker, I now know where their representatives stand are responsible for the terrorist acts I yield 5 minutes to my sister’s Con- on the way forward. That is why this just listed. gressman, a gentleman who worked If you remember, shortly after 9/11 debate, finally, is so important. Just as hard to become a member of the Ways the President gave a series of speeches the debate in 2002 led us into the war and Means Committee, the gentleman where he outlined a policy. He said if with Iraq, perhaps this conversation from New Jersey (Mr. PASCRELL). you are a country that harbors terror- Mr. PASCRELL. Madam Speaker, the with the American people that we are ists, if you are a country that provides Wall Street Journal accused us of try- having today will begin the process of financing to terrorists, if you are a ing to micromanage this war. Well, bringing our troops back home. country that trains terrorists, if you this President has not listened to the More than 4 years ago, I came to the are a country that is producing weap- generals. He hasn’t listened to the floor of the House with deep reserva- ons that are going to harm vast num- American people. And he hasn’t lis- tions about granting President Bush bers of people, if you are doing those tened to the Iraqi people. He has micro- unlimited powers to authorize this in- things, we are going to put you on no- managed this failure. vasion of a sovereign country. It is the tice that we are not going to tolerate Four and a half years ago, Madam best vote of opposition that I have of- it. Speaker, on this floor I stood in this fered in my 19 years in this House of And if you remember, it was amazing Chamber, along with 295 of my col- Representatives how quickly Moammar Kadafi in Libya leagues, to support the resolution au- Mr. SAM JOHNSON of Texas. Madam found the Lord and saw the light and thorizing the President to attack Iraq. Speaker, at this time I would like to how quickly he was willing to say, I am I regret that vote deeply. And I told yield 41⁄2 minutes to the gentleman going to work now with the United my constituents in my district 11⁄2 from Ohio, Mr. JIM JORDAN. States. He understood that when Amer- years ago that I made a mistake. Down Mr. JORDAN of Ohio. Madam Speak- ica says something, we mean it. If we the street they make no mistakes. er, I thank the gentleman for yielding, just do what this Democratic resolu- They are infallible. and I thank him for his amazing serv- tions puts us on the path to do, I am I did so because the premise on which ice to our country. afraid of the message it sends to the we authorized this war was false, the Madam Speaker, I rise in opposition Kadafis around the world and what military plan for victory has been to this resolution. There have been that can mean for the future safety of weak, and more than 5 years later, this many good arguments made as to why Americans and for our military. war has made our Nation less safe. this resolution is not in the best inter- This is a great country. We have been We stand ready to vote on a different est of our military, not in the best in- able to overcome whatever challenges resolution that could take a significant terest of our country. But I want to have presented themselves to us step towards remedying the historic focus on one point, and that is just how throughout our history. And it is im- mistake we made in October of 2002. real and how serious the threat of ter- portant that we have the same resolve The troop escalation advocated by rorism is, because that is what this as we approach this challenge. President Bush will only widen our in- struggle in Iraq is really about. And I I am just a freshman Member of the volvement in this conflict and put am just going to read the list of ter- Congress; and just a few weeks ago it more brave American troops in the rorist attacks against Americans, and was put on display about what is so middle of a vicious civil war. Voting in we have heard this list before, but I great about America, as we said, in favor of the President’s escalation plan think it is important to refocus on this Chamber during the State of the is an historic error, and I stress the this: Union address. And during that speech, historic nature of this debate because I In 1979, 66 American hostages were the President pointed up to the gallery, am a firm believer that history is tell- taken in Iran. In 1983, 241 Marines were and he highlighted some great Ameri- ing of the future. killed in Beirut. In 1988, 189 Americans cans, some American heroes. And the The history of this war shows that were killed in the PanAm bombing. In one that stuck out in my mind, and this President cannot form the right 1993 in the first World Trade Center many of you may remember this, was policy for victory. He should have sent bombing, we lost six Americans. In Wesley Autrey, the subway man. And I additional troops in 2003 when the gen- 1996, 19 servicemembers were killed in thought it was so amazing to see what erals asked him to do that, when it was the Khobar Towers bombing. In 2000, 17 this man had done and how that con- possible to restore order in Baghdad, American sailors lost their lives in the trasts with the actions of the terror- instead of now in 2007 when violence USS Cole. And, of course, in 2001, that ists. Wesley Autrey in the subway, reigns supreme. date we all remember, 9/11, 2,973 Ameri- willing to jump in front of a train on The history of Iraq shows it has been cans lost their lives in the World Trade the track to save a complete stranger wracked by sectarian and ethnic divi- Center bombing, in the Pentagon, and simply because he was a fellow human sion long before it was even a state, a in Pennsylvania. being. Contrast that action with the fact conveniently ignored by this When you think about the actions of action of the terrorist who will jump President and his supporters on their these terrorists and how real and dan- into that same subway, blow himself march to Baghdad. gerous they are, I am reminded of last up to kill as many innocent people as Remember, Iran and Syria and others summer when the Pope made a state- he can. are possibly fighting a proxy war by

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE February 15, 2007 CONGRESSIONAL RECORD — HOUSE H1703 supplying insurgents against an un- I urge my colleagues to support this rious, oh, it is very serious, it is not popular foreign occupier, the same role resolution. substantive. This is the ultimate ex- that we played in helping the Afghans Mr. SAM JOHNSON of Texas. Madam pression of legislative passive aggres- to fight the Soviets 20 years ago; and Speaker, I yield 4 minutes to Mr. sion. It offers no substantive alter- we know how that conflict turned out. PETER ROSKAM from Illinois. native. In history I see the lessons, Madam Mr. ROSKAM. I thank the gentleman Madam Speaker, I rise in opposition, Speaker. As I speak today, in 280 B.C. for yielding. and ask my colleagues to do the same. when King Pyrrhus of Greece defeated Madam Speaker, we are here to de- Mr. ENGEL. Madam Speaker, I yield the Romans during the Pyrrhic War, bate a House Concurrent Resolution, 5 minutes to my dear friend in the ad- his army suffered irreplaceable casual- and the root verb of ‘‘resolution’’ is joining district, the gentlewoman from ties in battle. And when he was con- resolute. I just want to challenge the New York (Mrs. LOWEY gratulated on his victory, he replied: House today to consider the resolution ), the Chair of ‘‘Another such victory like that over of our enemies. I would like to read the Foreign Operations Subcommittee the Romans and we are undone.’’ three quotes to you. of the House Appropriations Com- We have heard the word ‘‘success’’ Resolved, by Osama bin Laden. The mittee. and we have heard the word ‘‘victory’’ whole world is watching this war, and Mrs. LOWEY. Madam Speaker, a vio- so many times that they are now as the two adversaries, the Islamic nation lent civil war is raging in Iraq, with pyrrhic, empty, fleeting, hollow. on the one hand and the United States atrocities against innocent civilians b 1430 and its allies on the other. It is either mounting every day. Our troops, our brave troops, are caught in the cross- The lesson is clear. The President’s victory and glory or misery and humiliation. fire, dying and being maimed driving escalation plan offers an illusion, when on local roads, patrolling neighbor- only the real hope is that it offers a Or how about this? Resolved, in the al Quaeda charter: There will be con- hoods and moving about by helicopter. Pyrrhic victory at best. What is their mission today? What is Our Armed Forces have been used, tinuing enmity until everyone believes the strategic objective of the esca- abused, refused and accused. They have in Allah. We will not meet the enemy lation proposed by the President? been overstretched. They were ill- halfway, and there will be no room for equipped from the very beginning. dialogue with them. President Bush’s plan to deploy 20,000 Don’t tell us we don’t support the Or how about this, and I am para- additional U.S. combat troops to Iraq troops, when you did not give what phrasing: Resolved, from Osama bin is not a new strategy, and nothing I they deserved in the field of battle. Our Ladens deputy, who said that the plan have seen or heard has convinced me military readiness to fight the ongoing is to extend the jihad wave; to expel that this escalation will make a posi- war on terror is now in serious doubt the Americans from Iraq and extend tive difference in Iraq or hasten the because of this war. Don’t question our the jihad wave to secular countries safe return of U.S. troops. In fact, Gen- patriotism. Don’t question our support neighboring Iraq, clash with Israel and eral Abizaid said that ‘‘more American or the American people’s. Listen. establish an Islamic authority. forces prevent the Iraqis from taking By the way, Madam Speaker, have we Is there anyone among us who doubts responsibility for their own future.’’ asked the Iraqis what they feel? Well, the resolve and clarity with which our Four previous troop surges between 80 percent of them want us out. Don’t opponents are speaking? I don’t. December 2003 and October 2006 have they count? Can’t we ask and listen to I think what is lacking today in our not made a dent in the level of violence at least the very people whose country conversation is the consequences of nor in the number of U.S. casualties. we occupy, this sovereign nation? This failure. The previous speaker used the We have spent nearly $500 billion in is unbelievable. It is illusionary at words ‘‘victory’’ and ‘‘success.’’ He had Iraq and Afghanistan, and yet best. And what will we say to these a very low view of them, and I under- inexplicably our troops still do not Iraqi people? I want to hear the answer stand his characterization of those have the protection they need. from the other side. What is your an- words. He said we have heard those Throughout this war, many in Congress swer for them when they say, Don’t words before. That is what the gen- have addressed the lack of equipment stay here, and certainly don’t escalate. tleman from New Jersey said. and protection for our troops. Now, I ask the loyal opposition to our reso- But, do you know what? We will hear military leaders are saying there are lution to tell the American people how the word ‘‘failure’’ when it is used in not enough armor kits and vehicles to much do the intentions of the Iraqi the context of this challenge that is be- protect these additional five brigades people really matter to you? fore us. the President plans to send to Iraq. It There is no question that there has The epicenter of our fight against is unacceptable to send more soldiers been great difficulty that has gone be- terror is on the border of Afghanistan to Iraq, but it is unconscionable to fore us in this fight. There is no ques- and Pakistan. Many of us have been send them without proper armaments tion that there have been great mis- there. Many of us have gone there. You or an explanation from the administra- takes that have been made, and I am have forgotten that part of the world, tion about how our troops will be pro- wholeheartedly in favor of us acting as which many did not even know on Sep- tected. tember 11, 2001, where Afghanistan was a coequal branch of government and Madam Speaker, 3,132 Americans in in the first place. calling for benchmarks and demarca- The clear message we send to the tion and holding the administration ac- uniform have died and 23,417 have been Iraqi people and the American people is countable for its decisions. wounded since the start of the war in that we will bring freedom to Iraq, But if we fail in this, if we pull out, Iraq. I visited our wounded soldiers at even if it takes the blood of every Iraqi if we retreat, if we yield, what will hap- Walter Reed, Bethesda Naval Hospital, and the lives of more American sol- pen? Is there anybody really who and, most recently, at Landstuhl Mili- diers. That is not good enough. That is thinks that Iran, for example, will be tary Hospital in Germany during my not acceptable. less provocative? Is there anybody who visit to Iraq with the Speaker. You have heard the statistics from thinks that al Quaeda will be less pro- I stood at the bedside of a 23-year old speaker after speaker. Previous esca- vocative? severely wounded soldier, a soldier who lations in this war have not worked. If we fail, extremism in this world, was holding the hand of his 21-year old Why will this one work? Our ill-fated will it be ascendant or will it be de- brother, currently serving in Iraq, and presence in Iraq is being used as a prop- scendant? the hand of his father, who had also aganda tool for the enemy, al Quaeda, Madam Speaker, I close with a sim- served in the Armed Forces, a soldier and other terrorists worldwide. ple question, and that is, we need to who will likely never come home. In the years since 9/11, more terror- ask, What is it about this resolution These families are making the ulti- ists have been created through this that will do one of two things? Does mate sacrifice for our family. I am President’s policies than were captured this encourage our troops, or does this humbled by their commitment, their or killed. There weren’t any terrorists discourage our enemies? I would sug- professionalism and dedication. We in Iraq in 2003, but there are now. gest that this resolution, while it is se- have a responsibility to our Armed

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That is why Osama bin ons of mass destruction were found or Iraqi leaders must take responsibility Laden can say that he and his followers that there was no connection between for the country’s security and govern- are ‘‘in love with death.’’ Indiscrimi- al Qaeda and Iraq at that time, even ment and we must engage the inter- nate slaughter is, for these sick people, though we were told there was. There national community to work towards merely a tool in their arsenal of moral was obviously faulty intelligence. We stability in the region. There is no barbarity. will never quite know if we were misled military solution to the crisis in Iraq, That is why his second-in-command or if our intelligence was bad. But one and we cannot send more brave men has declared that Iraq and Afghanistan thing is very, very clear to me, that and women to police a civil war. are ‘‘the two most crucial fields’’ in this war has been mishandled from the As I have said many times before, their war. That is why al Qaeda in Iraq beginning. there are no good solutions to the has declared an Islamic state in Iraq’s The President is now talking about a quagmire in Iraq. This war was ill-con- Anbar Province. surge of sending 21,500 more troops to ceived, poorly planned and incom- Third, how do America’s enemies Iraq. When we first went into Iraq, I petently executed. The best military view us? For one thing, they fear am a big believer if you are going to do minds must now focus their efforts on George W. Bush and our military. That something, you do it right or you do the safe and responsible redeployment is why Libya’s Mu’ammar Qadhafi 3 not do it at all. We were told by Gen- of our troops rather than on this esca- years ago surrendered his nuclear ma- eral Shinseki that there were not lation. I cannot support sending more terials to the U.S. That is why enough troops in Iraq, not enough of our brave men and women in uni- Moqtada al-Sadr, Iraq’s most powerful troops at that time several years ago form on a last-ditch, misguided mis- militia leader, just made a beeline for to be able to protect the borders, to sion. Iran; not for a sunny vacation from protect insurgents from coming in, to We best support our troops, my col- long, tiresome days of planning suicide protect people that would do us ill leagues, and our national interests, by bombings, but because he feared for his from coming in. adopting this resolution, and by ex- life. And his statements were dismissed. Not only were his statements dis- pressing clearly on behalf of the Amer- b 1445 ican people our firm determination to missed, but then he was dismissed; and But America’s enemies view Congress now here it is 3 or 4 years later, we are change course in Iraq. quite differently. They see us as di- Mr. SAM JOHNSON of Texas. Madam being told that the solution is to send vided, irresolute, unwilling to face hon- more troops again. It is obvious to me Speaker, I yield 3 minutes to the gen- estly their concerted plan for our de- tleman from Idaho, Bill Sali. that this is too little too late. struction. Hence, this nonbinding reso- The war in Iraq has morphed into a (Mr. SALI asked and was given per- lution. civil war. It is obvious to anybody who mission to revise and extend his re- In light of this reality, I would ask looks at the situation that the Shia marks.) my friends across the aisle, what is and the Sunni are fighting each other, Mr. SALI. Madam Speaker, before I your binding plan for defeating Amer- and our brave men and women are begin, I would first like to thank you ica’s enemies? America, our allies and caught right in the middle of it. Eighty for reminding the body of the need for our enemies are still waiting for your percent of the people of Iraq on both decorum in our remarks binding plan. sides do not want us there, and more Madam Speaker, several points. First More than 3,000 Americans have died and more our people are becoming sit- is, it is stunning to me that this body upholding the hope of defeating Amer- ting ducks. will consume over 36 hours of floor de- ica’s real enemies and bringing free- I grieve for the more than 3,200 brave bate on a nonbinding resolution. This dom to Iraq. We must not allow their Americans who have died and the should be on the consent calendar. Irre- deaths to become a pretext for the countless thousands more who have spective of one’s position on the war in abandonment of that hope of victory or been injured; but it is one thing, Iraq, all taxpayers are right to be in- abandoning the Iraqi people. But rath- Madam Speaker, to die in fighting for censed at such waste in this Congress. er, they must serve as the inspiration the freedom of your country, defending This legislation will not have the ef- of a renewed commitment to hope of your country. It is quite another to die fect of law, will neither inspire nor im- victory and security for Iraq. We owe in a senseless civil war that more and pede military action in Iraq or else- to their heroism and sacrifice nothing more we see we cannot control nor where, will not encourage our troops less than one thing, victory over Amer- probably should we attempt to any- on the ground nor foster victory over ica’s enemies in Iraq. more. America’s enemies that practice terror. America is the last best hope of man From the minute we came into Iraq, It will have one effect: poking the on Earth. A victory in Iraq is our last unfortunately, not only did we have no President of the United States in the best hope of defeat of America’s most troops, there was mistake after mis- eye, diminishing his credibility among dangerous enemies and also the free- take. We fired the Ba’ath Party people. the international community and erod- dom and security in the Middle East. So we had people who were angry at us ing his ability to lead here at home. It We must not fail. to begin with. We have not been able to will also have the very genuine result Mr. ENGEL. Madam Speaker, I yield give the Iraqis what we said we would of undermining and demoralizing our myself 51⁄2 minutes. give them. They find that their way of soldiers that are now in harm’s way. Madam Speaker, I am going to come life is worse now than ever before. We Second, equally stunning is the ap- here and speak from the heart. I do not were not greeted as liberators, but we parent preoccupation with demeaning want to read a speech because I think were greeted as occupiers. President Bush while ignoring those it is important to speak from the And when we look at what we sup- who are our real enemies. Our enemies heart. I am not here to point fingers. I posedly are there to protect, we look at are not in the White House or the De- am not here to chastise anyone. I am the leader of Iraq, Mr. Maliki. He is fense Department. They are not people not here to talk about what might propped up by the al-Sadr brigade, vi- like David Petraeus or his staff. They have been. ciously anti-American, viciously kill- are not the vast majority of Muslims I support our soldiers. I support the ing Iraqis. He cannot go after them. throughout the world, who, like us, war against terror, but I rise in support They are the base of his support, and want simply to live peaceful and secure of this resolution which is Congress’ re- we are to believe that somehow he is a lives. sponsibility. We have to look, Madam great patriot and is fighting for democ- America’s enemies are radical Speaker, at the current situation in racy in Iraq. Islamists, less than 1 percent of all Iraq as it is, not as we might wish it to We talk about al Qaeda. Al Qaeda is Muslims, whose faith requires that a be, but as it is. certainly a threat. I am a New Yorker.

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He says that the only thing worse than micromanaging the war on terror, or are we making it so-called surge is a necessary thing to a war from the White House is micro- more difficult? A troop surge will not do. managing it from here in Congress. work. There are other priorities that As a member of the Armed Services And this is a time when every Member we have. Our young people are sitting Committee, I have listened to the tes- in this House needs to dig down deep ducks. This is more and more like Viet- timony from the Joint Chiefs of Staff, and vote their conscience, knowing nam. You cannot leave and you cannot the Secretary of Defense as well, about that sending the right message to the stay. how this surge will work, and in my administration has the very real con- We support our troops. This surge mind, a surge is a quick, overwhelming sequence of sending the wrong message will not work. Congress needs to send show of force. However, as it has been to the troops who so bravely and pro- this message to the President and to explained to me, this action will have fessionally fight for freedom and lib- Iraq and to the world. two of a total of five brigades begin to erty and democracy. Mr. SAM JOHNSON of Texas. Madam deploy to Baghdad and the Anbar prov- Vote ‘‘no’’ on this resolution. Speaker, I yield 5 minutes to the gen- ince and then gradually the other three Mr. ENGEL. Madam Speaker, I yield tlewoman from Michigan (Mrs. MIL- brigades will be deployed as an assess- 51⁄2 minutes to my fellow New Yorker LER). ment can be made on how the first two (Mr. BISHOP). Mrs. MILLER of Michigan. Madam are doing. (Mr. BISHOP of New York asked and Speaker, I am proud to be yielded time I will note that I have read that Gen- was given permission to revise and ex- from a true American hero. eral Schoomaker, Army Chief of Staff, tend his remarks.) If at any time while I am in the Con- has said in a closed door hearing that Mr. BISHOP of New York. Madam gress and I am asked to vote to author- he thought the surge had a 50–50 chance Speaker, I rise in strong support of this ize war, I will ask myself two funda- of success. resolution which is a clear and concise mental questions, two caveats to such Madam Speaker, our troops have response on behalf of the majority of action. Number one, what are the done everything that we have asked Americans who share our opposition to United States’ vital interests? How are them to do and more, and you cannot the President’s misguided plan to esca- our vital interests being advanced? blame America for the Iraqis’ failure to late the presence of U.S. troops in Iraq. Number two, what is the mission and stop killing one another in a religious We can all agree upon and indeed how is the mission being defined? frenzy. must take this opportunity once again I was not in the Congress when the I am a product of the Vietnam era. to affirm that our support for the brave vote to give the President the author- My husband was an Air Force pilot in men and women of the United States ity to go to war in Iraq was taken, but Vietnam. My county has the largest Armed Forces is steadfast and as I remember the debate during that chapter of Vietnam veterans in the en- unyielding. vote, it was heavily predicated on the tire Nation, and although I have re- As this resolution declares, our first fact that we thought that Saddam Hus- sisted making any analogy from Iraq priority must continue to be protecting sein had weapons of mass destruction, to Vietnam, I will make this one per- the brave men and women in uniform and the mission seemed to be prin- sonal observation. who have served this Nation honorably cipally defined as finding WMDs. It is From the very beginning of the Iraq and valiantly. The decision to invade clear that he had them at one time be- conflict, we should have allowed our Iraq is the single most devastating and cause he used them on his own people. troops to go in and use overwhelming misguided foreign policy decision our However, since we have gone into force; but we were told, no, that we had Nation has ever made, and the process Iraq, whether it is because they have enough. Those that suggested other- of protecting our Nation from transited the country or they were de- wise were dismissed, and so they compounding this tragic error must stroyed, or whatever the reason, we micromanaged from the White House, begin this week under new leadership have not found them. and now I think they are doing the with a clear vision and a plan that fi- Then the mission was defined as top- same with this surge. Our troops can nally acknowledges that we can no pling the oppressor, the butcher of win, but they are being held back. longer stay the course in Iraq. Baghdad, Saddam Hussein. And we They are being micromanaged by our have done so. We let the Iraqi courts politicians. We are not letting them b 1500 exercise their due diligence in a court win, and this is the lesson that I After nearly 4 years of war, the sac- of law, and he is dead now. Good rid- learned from Vietnam. rifice of more than 3,100 brave service- dance, and hanging was too good for In Vietnam, we used a graduated re- men and -women, tens of thousands him. sponse. We held back our troops. We more injured, and over $600 billion Then we defined the mission as pro- did not use overwhelming force, and spent on the war to date, President viding a stable framework that would after many died, we left the field and I Bush’s ‘‘mission accomplished’’ dec- allow the Iraqis to build a democracy cannot believe in my lifetime that once laration certainly rings hollow. because we can all agree that having a again we are repeating this mistake. We must not forget whose war and democracy in an Arab country in the I support the troops and I support misguided strategy failed us, and we Middle East would be optimal for the victory. I recognize how incredibly must ask who the President is listen- entire world. They have had their elec- complex this situation is. I recognize ing to beyond the small circle of advis- tions. They have adopted a Constitu- that having our troops leave will prob- ers who were the architects of this fi- tion, and they have elected leadership ably result in a loss of human life that asco in the first place. that is in place. will be horrifying. I recognize that The only strategy this administra- Again, I ask about the United States’ leaving will probably encourage the tion has proposed is to stay the course, vital interests and how we are defining neighbors to move in to protect their augmented by four earlier surges, the mission because, Madam Speaker, own interests, and I recognize that the along with the most recent plan to de- the mission needs to be understood. It war on terror will follow us if we leave. ploy the additional 21,500 U.S. troops, is important that those of us in Con- Yet, recognizing all of this, since the likely to escalate further to 40,000 to gress can understand it, of course. It is Iraqis will, for whatever reason, not 60,000 more troops before the year’s important that the American people stand up to ensure their own freedom, end. This latest policy is stay the can understand it. But most impor- how can we ask Americans and for how course writ large. tantly, the brave men and women who long to continue to do so for them? Ei- The President’s plan operates under wear the uniform and are in theater ther use overwhelming force to win, or the assumption that somehow, despite

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Not than fighting al Qaeda in Afghanistan, town America about what we do here only is this logic flawed, it flies in the tracking down Osama bin Laden, and over this 4-day period, even though this face of the wisdom of his top generals preventing another terrorist attack resolution does not carry the weight of in the field, such as the former com- against America? law. mander of the U.S. Central Command, The President’s earlier NIE made it When the commentary begins in the John Abizaid, who told the Senate very clear last September that the war Middle East, in no way do I want to Armed Services Committee that ‘‘more in Iraq has become a primary recruit- comfort and encourage the radical American troops right now is not the ment vehicle for violent Islamic ex- Muslims who want to destroy our coun- solution to the problem.’’ tremists, motivating a global jihadist try and who want to wipe the so-called I agree. We cannot afford to inject movement and a new generation of po- infidels like myself and many of you more of America’s best and bravest tential terrorists around the world from the face of the Earth. In no way into the chaos, particularly without whose numbers may be increasing fast- do I want to aid and assist the Islamic the armor and training to protect er than the United States and our al- jihadists who want the green flag of them. Shortchanging our heroes in the lies can reduce the threat. the crescent and star to wave over the face of a relentless insurgency is un- Opposition to this surge does not Capitol of the United States and over worthy of this Nation. If we can’t sup- mean a lack of support for our troops; the White House of this country. I fear ply our troops with what they need, rather, it affirms what the American that radical Muslims who want to con- how can we possibly contemplate an es- people made clear last November, that trol the Middle East and ultimately calation? our policy in Iraq is not working and the world would love to see ‘‘In God We Without a reduction to the violence that we need a new direction. I will Trust’’ stricken from our money and against U.S. troops, without stability vote for this resolution, and I will con- replaced with ‘‘In Mohammed We in the region, and without evidence of tinue to join with colleagues on both Trust.’’ a correlation between the raging vio- sides of the aisle to bring our involve- I am not sure that reinforcing the ex- lence and the number of U.S. troops ment in this misguided tragedy to an isting troops by 20,000 will save us from and the number of trained Iraqi troops, end the jihadists, and I am not sure it will now is the time to reduce the U.S. com- The NIE also indicates that, rather than con- prevent chaos in Iraq. I do hope that bat presence in Iraq, not expand it. tributing to eventual victory in the global these additional forces will stabilize The Republican mantra has been that counter-terrorism struggle, the situation in Iraq Baghdad and will lead to democracy the Democrats don’t have a plan for has diminished America’s position, What addi- and a tolerance of divergent views and Iraq other than cut and run, an asser- tional evidence does the President need to religions in Iraq. Unfortunately, the tion that is simply false. We do have a prove that his policies in Iraq are only making history of that region does not bode comprehensive plan for Iraq that in- matters worse for Iraqis and making the world well for such conclusions. cludes implementing the recommenda- decidedly less safe for America? In my view, the United States by re- tions of the Iraq Study Group, a re- And to those who would argue that this res- moving Saddam Hussein has provided a gional conference to engage Iraq’s olution sends a signal to our enemies that we great opportunity for Iraq to be a neighbors diplomatically, and seeking are weak and divided, you are wrong. This de- showcase for tolerance and under- political solutions to the escalating bate proves why democracy works, unites us, standing. Perhaps one day Iraq may turmoil in the region. But again I makes us stronger, more resolute, and why want to adopt something like the first would ask, what evidence is there to these strengths—that our enemies envy and amendment of our country. That may suggest that this President will listen seek to overcome—will ensure that we ulti- only be an optimistic hope. to anyone’s plan other than his own? mately prevail over them. I hope my fears and the fears of oth- This is simply not an insurgency that Opposition to this surge does not mean a ers about chaos and calamity prove needs to be crushed. Confirmed by the lack of support for our troops. Rather, it af- false. If the Shiite and Sunni con- President’s most recent National Intel- firms what the American people made clear troversy escalates and the situation ligence Estimate, Iraq is in a state of last November—that our policy in Iraq is not worsens, we could be faced with a clam- civil war, and thus political solutions working and we need a new direction. or to admit thousands and perhaps mil- are needed to address the real problem. I will vote for this resolution, and I will con- lions into this country. I call on the Although al Qaeda remains active in tinue to join with colleagues on both sides of President and our Secretary of State to Iraq, they have been surpassed by eth- the aisle to bring our involvement in this mis- not allow a mass immigration into this nic violence, the primary source of guided tragedy to an end. Voicing opposition country with the dangers and pitfalls conflict and the most immediate to this war, to this President’s policies, and to that it could bring to our safety and se- threat to stability in Iraq. more of the same is our solemn responsibility, curity. The terrorists would surely Proponents of the war claim that consistent with the objectives of this resolu- enter into this country in such a way those opposed to the surge aren’t sup- tion, the hopes of the American people, and as the 9/11 terrorists swam around in a porting the troops. I would ask them the mission of the U.S. Armed Forces. sea of illegal immigration before we how we are supporting our troops while Mr. Speaker, I commend the Majority lead- were struck on September 11. keeping them in a country where 70 ership and the distinguished chairmen of the Let us vote ‘‘no’’ and let us forestall, percent of Iraqis believe it is accept- Armed Services and International Relations if not prevent, calamity. able to attack U.S. troops, where 78 Committees for their hard work and making Mr. ENGEL. Madam Speaker, I now percent believe that our troops provoke this debate a priority of this Congress. yield 5 minutes to one of our freshmen, more violence than they prevent, Mr. SAM JOHNSON of Texas. Madam Representative JASON ALTMIRE of where three-quarters of them would Speaker, at this time I would like to Pennsylvania, surely a rising star. feel safer if American forces left Iraq. yield 5 minutes to my friend from Vir- Mr. ALTMIRE. Madam Speaker, in By staying the course in Iraq, we are ginia, VIRGIL GOODE. the lead-up to the war in Iraq, the putting our troops in a situation that Mr. GOODE. Madam Speaker, it is an President offered the American people has no positive outcome. Aren’t the honor to receive time from someone many reasons why we should enter into lives of our troops more valuable than who served our Nation in the finest this conflict. We were told unequivo- saving political face and trying to way and who knows firsthand how cally that Iraq possessed weapons of prove a point? hurtful a resolution such as this can be mass destruction and posed an immi- And while it is well known that the to those in theater. nent threat to the United States. We claims of weapons of mass destruction We are in the middle of a 4-day mara- have since learned that pre-war intel- were based on faulty intelligence and thon here. While I cannot say that I ligence was completely inaccurate. there was no connection between Sad- agree with all of the actions of the We were told that proceeds from dam Hussein and al Qaeda, why are we President in dealing with Iraq, I will Iraq’s oil reserves would pay for the committing our troops and resources not be supporting H. Con. Res. 63. The cost of the war. Instead, the American towards refereeing a civil war in Iraq, eyes of the world are upon this House, people have paid for the cost of the

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE February 15, 2007 CONGRESSIONAL RECORD — HOUSE H1707 war. So far, $400 billion, with an addi- their opinion that, with his policy of very clear message of our weakness, tional supplemental request of $100 bil- escalation, the President is heading and our enemies are watching today. lion pending. down the wrong path. Just listen to the words of Osama bin We were told that we would be greet- The best way forward is for the Presi- Laden. He said, The whole world is ed as liberators. Nothing could be fur- dent to work with Congress, to change watching this war and the two adver- ther from the truth. More than 3,000 course, and adopt a responsible strat- saries, the Islamic Nation on the one American troops have been killed, egy that protects American interests hand, and the United States and its al- more than 23,000 injured, and violence in Iraq, around the region, and at lies on the other. It is either victory or in Iraq continues to escalate. There are home. glory, or it is either misery or humilia- over 900 weekly attacks on U.S. troops. I urge every Member of this House on tion. These predictions were in the past, both sides of the aisle to heed the call We cannot be the Nation of humilia- but they are instructive as we consider for change and vote for this resolution. tion. The terrorists know what is at the President’s current predictions on Mr. SAM JOHNSON of Texas. Madam stake, and it is time that we show how to achieve success in Iraq. Speaker, at this time I would like to them that we know as well, and that The American people have expressed yield 4 minutes to the gentlewoman failure is not an option for our Nation. their clear frustration with the con- from Oklahoma, Mary Fallin. We have to ask ourselves, what is at duct of the war. The bipartisan Iraq Ms. FALLIN. Madam Speaker, I risk for the future of our Nation? Will Study Group offered a comprehensive would like to begin by reviewing a lit- our Nation be safer from radical Is- strategy to successfully move combat tle history. There have been a number lamic terrorists if we pull out before forces out of Iraq. High-level military of times in American history when the new Iraqi democracy becomes sta- leaders, including General John wars didn’t go as we had hoped or ble and an ally in the war on terror? Abizaid, have expressed opposition to planned. That winter at Valley Forge Ask yourself, what Islamic terrorist an escalation of troops. But the Presi- was certainly difficult. During the War leader has said that if America leaves dent continues to ignore public opin- of 1812, the British occupied this very Iraq that he will be satisfied and the ion, rejects sound advice, and stub- building, and the Civil War was far terrorists will end their attack? Has bornly adhere to his failed go-it-alone more costly and far longer than we not been said. policies. hoped it would be. We must take extraordinary pre- He says he wants a bipartisanship In World War II, the North African cautions to protect our Nation from study; but when his results are not to campaign was something of a mess. those who would do us harm, and some- his liking, he dismisses it. He says he And the bloody island campaigns of the day our children and our grandchildren wants to hear from his advisers; but South Pacific were not something we will look back on this decision this when they disagree with them, he dis- had foreseen. week, and they will reflect on their misses them. He says he wants to hear In Korea and Vietnam, we brought lives, and the question we have to ask from his generals on the ground; but limited force to bear, and we wound up ourselves today is will our children live when they tell him what he doesn’t settling for stalemate and ultimately in a safer America? I urge the rejection of this resolu- want to hear, they are reassigned. defeat. The fact is, Madam Speaker, the tion. So some of our wars went well, but Mr. ENGEL. Madam Speaker, before President’s plan to escalate the war in more often they look a lot simpler and I yield to my next speaker, I am told Iraq is not a new policy, just more of cleaner in the history books than they we are rapidly running out of time, and the same failed policy. really were in reality. And if there is I will not be able to yield additional The solution in Iraq requires the one constant warning that runs time to anyone beyond the 5 minutes. Iraqis themselves to reach a political throughout our history, it is this: Con- I now have the pleasure of calling on solution and take responsibility for gress has a vital role to play in helping another new star in this Congress, Rep- their own government. The continued America win its wars. But it can also resentative BRUCE BRALEY of Iowa, for open-ended commitment of U.S. forces play a role that is unintended in losing 5 minutes. only deters the Iraqis from making the them if it says or if it does the wrong Mr. BRALEY of Iowa. Madam Speak- appropriate political decisions, train- thing at the wrong time. And that is er, I grew up surrounded by heroes. My ing security forces, and enacting the what this resolution says and does, the father, Byard Braley, got permission reforms necessary to achieve stability. wrong thing. from his mother at the age of 17 to en- The Iraq war resolution before us This is a nonbinding resolution, list in the Marine Corps, and 1 year today is simple and straight forward. which is nothing more than a political later found himself landing on Iwo Let me explain what it does and what game. But the war on terror is not a Jima, the same day the flags were it doesn’t do. game. We have to consider what our raised on Mount Suribachi. Thirty First and foremost, this resolution enemies will read into this resolution. thousand marines and Japanese sol- expresses our continued support for our What if Congress during the Valley diers lost their lives in 1 month on an military men and women who are serv- Forge winter had passed a resolution island the same size as my hometown ing bravely and honorably. It also ex- saying it is time to send our troops of Brooklyn, Iowa. presses the sense of Congress that we home, retire General Washington, and My father saw one of his best friends disapprove of the decision made by the go ahead and pay the tax anyway? vaporized by a shell burst, and we did President to send additional troops to What if Congress in the spring of 1863 not learn that fact until 15 years after Iraq. had looked at the results of Bull Run he died. So make no mistake, this resolution and said, We can’t win this, it’s a civil The same night that my father land- is in support of our troops. Anyone who war. Forget the idealism about freeing ed on Iwo Jima, another marine from says otherwise is simply wrong. No the slaves. my hometown of Brooklyn slept under Member of this House, Republican or What if Congress in 1942 or 1943 had those flags as Japanese bombs flew Democrat, wants anything less than told Franklin Roosevelt to pull out of overhead. Harold Keller was the real victory in Iraq and to support our North Africa and Italy and to give up deal. He was the second marine to troops. those silly ideas of liberating France? reach the summit of Mount Suribachi, This resolution does not affect the What would our enemies have thought and he single-handedly fought off a funding levels to carry out the war. about America’s lack of will? They Japanese counterattack and rescued And on that point, let me be clear. As would have assumed that we had lost the people you see depicted in Flags of long as we have troops in the field of our will to win, and they would have Our Fathers. battle and brave Americans in harm’s said America can’t cut it. When he came home to my home- way, I will never vote to withhold their town, he repaired milking equipment funding. b 1515 for area farmers. My uncle Gordon I support this resolution because we Well, make no mistake, Iraq is just Braley served in the merchant marine, have the duty as representatives of the one battle in our overall war on terror. guarding allied shipping lanes in the American people to continue to voice If this resolution passes, it is sending a North Atlantic.

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE H1708 CONGRESSIONAL RECORD — HOUSE February 15, 2007 My Uncle Bert Braley served in the known Republicans who agree that the What if George Washington had suc- Army Air Corps, and my Uncle Lyle escalation is a mistake: cumbed to the critics of his day who Nesselroad served in the Navy. My People like Senator CHUCK HAGEL of said those things? What if Abraham cousin, Dick Braley, was a Marine my neighboring State of Nebraska, who Lincoln, FDR and President Truman Corps artillery officer at a firebase in called the President’s escalation plan had taken that attitude? Where would Vietnam. the most dangerous foreign policy we be now? We are here today because These ordinary men taught me that blunder in this country since Vietnam, people who came before us refused to patriotism is not something you claim if it is carried out. listen to the naysayers and the defeat- by putting down others who disagree People like former Iowa Representa- ists. with your viewpoints. It is something tive Jim Leach, who said that the The true leaders of this Nation have you earn by the way you live your life, President’s policy in Iraq may go down always focused on the possible and ac- the respect you have for the institu- as the greatest foreign policy blunder complished it. These people remind me tions that make the United States a in U.S. history. of the attitude of the Carter adminis- great beacon of liberty, freedom and Well-respected military experts also tration in dealing with Iran. justice. oppose this escalation, including Gen- Let me quote a recent article by When I return to my hometown of eral Colin Powell, General George Dinesh D’Souza. ‘‘ . . . they are willing Waterloo, Iowa, I am still surrounded Casey and the Joint Chiefs of Staff. to risk the country falling into the by heroes. These heroes belong to the The President truly stands alone hands of Islamic radicals. Little do the battalion of the Ironman Battalion of with a strategy that his own generals, people waging ’the war against the the Iowa National Guard. They are ap- key Republicans, and the American war’ know that in exchange for a tem- proximately 560 fathers, mothers, people oppose. The time is long over- porary political advantage, they are brothers and sisters from Waterloo, due for the people’s House to reassert gravely endangering America’s secu- Dubuque, Oelwein and everywhere in its rightful place in our constitutional rity and well-being, ultimately even between. system of checks and balances. their own.’’ One of them, Ray Zirkelbach, is miss- We have a duty to send a message Let us band together as Americans, ing his second consecutive year in the that it is time for real change in Iraq, put aside political differences to show Iowa House of Representatives, because change characterized by accountability that we understand the need to defend their latest tour was recently ex- and redeployment of our troops. There freedom for the long and short terms. tended. A flag is draped over his desk will be no more blank checks. There This is the decisive battle of our gen- in the House chamber. will be tough questions in oversight, eration, and this is a defining moment These heroes are the reason why I and I will work hard to make sure that of our time. stand here today in opposition to the this happens. I ask everyone to support We cannot afford to lose and should President’s plan to escalate the war in the resolution vote ‘‘no’’ on this resolution Iraq. On November 7, 2006, the voters of Mr. SAM JOHNSON of Texas. Madam [From the American Legion Magazine, Feb. this country went to the polls and Speaker, I yield 4 minutes to the 2007] clearly stated that it is time for a new gentlelady from North Carolina (Ms. HOW WE LOST IRAN—AND WHY WE CAN’T direction in Iraq. FOXX). AFFORD ANOTHER LOSS IN IRAQ Soon after, the bipartisan Iraq Study Ms. FOXX. Thank you, a true pa- (By Dinesh D’Souza) Group presented President Bush with a triot, Mr. JOHNSON. There are four important Muslim countries desperately needed blueprint for Madam Speaker, I rise today not in the Middle East: Iran, Iraq, Egypt and change. They recognized that the dete- only in support of the brave men and Saudi Arabia. Islamic radicals control Iran, riorating crisis in Iraq couldn’t be women of the American Armed Forces, and have since the Khomeini revolution a quarter century ago. Now they have their solved by military action. Instead, it but also in support of the cause for sights on Iraq. If they get Iraq, we can be required a political solution between which they fight. They heroically give sure they will target Egypt and Saudi Ara- warring factions for a stable democ- of themselves every day to ensure the bia. Let’s remember that this is a region racy to evolve. safety of our Nation and the freedom upon which the United States will continue The Iraq Study Group recognized that we Americans enjoy. to be oil-dependent for the foreseeable fu- that ‘‘stay the course’’ was a failed Like my colleagues on both sides of ture. If the Islamic radicals succeed, the strategy, and that three prior troop the aisle, I want America’s troops American way of life will be seriously home as soon as possible, but dis- threatened. surges had done little to stem the To understand the high stakes in Iraq, it’s growing violence. They knew that the engaging at this time would invite the helpful to understand what happened in Iran Iraqis would never get serious about terrorists to follow us home. This reso- a generation ago. How did America ‘‘lose’’ standing up for their own country until lution sends the wrong message and Iran, and how can we avoid another debacle they were confronted with a timetable will have grave consequences. It will in Iraq? Islamic radicals have been around for redeploying our forces. demoralize our troops and embolden since the 1920s, but for decades they were After I was sworn in as a Member of our enemies. We are combating a glob- outsiders even in the Muslim countries. One Congress on January 4, I hoped that al adversary who sees an enemy in any of their leading theoreticians, Sayyid Qutb, President Bush would listen to the ad- Nation that supports the ideals of free- argued that radical Muslims could not just promulgate theories and have meetings; they vice of this bipartisan group whose rec- dom. In the interest of democracy, must seek to realize the Islamic state ‘‘in a ommendations he welcomed. global safety and rural peace, victory concrete form.’’ What was needed, he wrote, I hoped that he would move to fulfill in Iraq is absolutely crucial. was ‘‘to initiate the movement of Islamic re- the promise of the Defense Authoriza- While some seem happy to complain vival in some Muslim country.’’ Once the tion Act of 2006, when this Congress about the war, they have offered noth- radicals controlled a major state, he sug- stated that 2006 would be a period of ing in the way of a solution to defeat gested, they could then use it as a beachhead significant transition in Iraq, with the the jihadists. It is fine to disagree, but for launching the takeover of other Muslim Iraqi Security Forces taking the lead your opinion holds little weight if you countries. The ultimate objective was the unification of the Muslim community into a for their own security, so we could fail to offer a constructive alternative. single Islamic nation, governed by Islamic begin a phased redeployment of U.S. Leadership takes strengths and cour- holy law. forces from Iraq. Instead, the President age to succeed in the face of adversity, In 1979, Qutb’s goal was achieved when the ignored the recommendations of the although mistakes may be made along Ayatollah Khomeini seized power in Iran. study group and chose to escalate the the way. Muslim scholar Hamid Algar terms the Kho- war in Iraq without charting a new Many comments have been made by meini revolution ‘‘the most significant event course. those who support this resolution, but in contemporary Islamic history.’’ It was an To my friends on the other side of one that deserves a response is the oft- event comparable to the French or the Rus- sian revolutions. Virtually no one predicted the aisle who disagree with the resolu- repeated phrase that this is an impos- it, yet it overturned the entire imperial tion we are debating today, by all sible war to win. What a terrible atti- structure and created a new order, even a means vote your conscience. I will be tude for Members of the United States new way of life. The mullahs restored the Is- voting my conscience and joining well- Congress to have. lamic calendar, abolished Western languages

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00038 Fmt 7634 Sfmt 9920 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE February 15, 2007 CONGRESSIONAL RECORD — HOUSE H1709 from the schools, instituted an Islamic cur- Sullivan even compared Khomeini to Ma- international relations, Falk was surely fa- riculum, declared a new set of religious holi- hatma Gandhi, and Andrew Young termed miliar with what Khomeini had been consist- days, stopped men from wearing ties, re- the ayatollah a ‘‘20th-century saint.’’ ently saying for three decades. Along with quired women to cover their heads, changed As the resistance gained momentum and Ramsey Clark, former attorney general in the banking system to outlaw usury or inter- the Shah’s position weakened, he looked to the Johnson administration, Falk met with est, abolished Western-style criminal and the U.S. government to help him. Sick re- Khomeini on his last day in Paris, before his civil laws, and placed the entire society ports that the Shah discovered he had many triumphal return to Iran. Shortly after that under sharia, or laws based on the Koran. enemies, and few friends, in the Carter ad- meeting Clark conducted a press conference The importance of the Khomeini revolu- ministration. Increasingly paranoid, he to champion Khomeini’s cause. Falk, too, tion is that it demonstrated the viability of pleaded with the United States to help him seems to have acted as a kind of unpaid pub- the Islamic theocracy in the modern age. Be- stay in power. Carter refused. Deprived of his lic-relations agent for the ayatollah’s re- fore Khomeini, the prospect of a large Mus- last hope, with the Persian rug pulled out gime. lim nation being ruled by clergy according to from under him, the Shah decided to abdi- Upon consolidating his power, Khomeini 8th-century precepts would have seemed far- cate. The Carter administration encouraged launched a bloody campaign of wiping out fetched, even preposterous. Khomeini showed him to do so, and the cultural left celebrated his political opposition and reversing the lib- it could be done, and his successors have his departure. The result, of course, was erties extended by the Shah to student shown that it can last. To this day, post- Khomeini. groups, women’s groups and religious mi- Khomeini Iran provides a viable model of The Carter administration’s role in the what the Islamic radicals hope to achieve downfall of the Shah is one of America’s norities. In one year, the Khomeini revolu- throughout the Muslim world. Khomeini also great foreign-policy disasters of the 20th cen- tion killed more people than the Shah had popularized the idea of the United States as tury. In trying to get rid of the bad guy, executed during his entire quarter-century a ‘‘great Satan.’’ Before Khomeini, no Mus- Carter got the worse guy. His failure, as reign. Despite the fact that many progres- lim head of state had said this about Amer- former Democratic senator Daniel Patrick sive figures were imprisoned, tortured and ica. Muslim leaders like Nasser might dis- Moynihan once said, was the result of being executed, agree with the United States, but they never ‘‘unable to distinguish between America’s Khomeini’s actions produced a great yawn identified it as the primary source of evil on friends and enemies.’’ According to Moy- of indifference from America’s cultural left. the planet. During the Khomeini era, there nihan, the Carter administration had essen- The same people who were shocked and out- were large demonstrations by frenzied Mus- tially adopted ‘‘the enemy’s view of the raged by the crimes of the Shah showed no lims who cursed the United States and world.’’ Carter does not deserve sole dis- comparable outrage at the greater crimes of burned its flag. For the first time, banners credit for these actions. This intellectual Khomeini. They knew, as well as everyone and posters began to appear all over Iran: framework that shaped Carter’s misguided else, that liberty would be largely extin- DEATH TO AMERICA! THE GREAT SATAN strategy was supplied by the political left. guished in Iran, and they greeted this pros- WILL INCUR GOD’S PUNISHMENT! USA, Of course, the primary force behind the pect with equanimity. GO TO HELL! AMERICA IS OUR NO. 1 Shah’s fall was the fundamentalist move- Even when radical students overran the ENEMY! These slogans have since become ment led by Khomeini. But it is possible that U.S. Embassy in Tehran on Nov. 4, 1979, and the mantra of Islamic radicalism. Khomeini the Shah, with U.S. support, could have de- took more than 60 American hostages, the was also the first Muslim leader in the mod- feated this resistance. Another option would left’s sympathy was with the hostage-takers. ern era to advocate violence as a religious have been for the United States to use its in- During this period, three liberal clergymen— duty and to give special place to martyrdom. fluence to press for democratic elections, an William Sloane Coffin of New York’s River- Since Khomeini, Islamic radicalism has con- option unattractive both to the Shah and to side Church, National Council of Churches tinued to attract aspiring martyrs ready to the Islamic militants. Even after the Shah’s executive director William Howard and confront the Great Satan. In this sense, the departure, a U.S. force could have routed the Catholic Bishop Thomas Gumbleton—visited seeds of 9/11 were sown a quarter of a century Khomeini regime—an action that would have the hostages and looked with approval as ago when Khomeini and his followers cap- been fully justified given Iran’s seizure of the they recorded anti-U.S. statements for use as tured the government in Tehran. U.S. embassy and the taking of American Iranian propaganda. The U.S. religious lead- Khomeini’s ascent to power was aided by hostages. Determined at all costs to prevent ers did not seem embarrassed to be used by the policies of Jimmy Carter and his allies these outcomes, the left sought not only to the Iranian hostage-takers. Many of the alle- on the political left. The Carter administra- demonize the Shah but also to favorably por- gations against the United States launched tion’s own expert on Iran, Gary Sick, pro- tray Khomeini and his radical cohorts. In by the Iranian radicals corresponded exactly vides the details in his memoir ‘‘All Fall Sick’s words, Khomeini became ‘‘the instant with the views of these liberal clergymen. Down,’’ a riveting story that has been large- darling of the Western media.’’ The tone of Going beyond the expectations of the hos- ly erased from our national memory. Carter American press coverage can be gleaned tage-takers, Coffin even faulted his fellow won the presidency in 1976 by stressing his from Time’s cover story on Feb. 12, 1979: Americans for ‘‘self pity’’ and urged them to support for human rights. From the time he ‘‘Now that the country’s cry for the Aya- hold hands with their captors and sing. In took office, the left contrasted Carter’s tollah’s return has been answered, Iranians the hostage crisis, these clergymen quite rights doctrine with the Shah’s practices. will surely insist that the revolution live up consciously contributed to America’s humil- The left denounced the Shah as a vicious and to its democratic aims. Khomeini believes iation. corrupt dictator, highlighting and in some that Iran should become a parliamentary de- By aiding the Shah’s ouster and with Kho- cases magnifying his misdeeds. Left-leaning mocracy. Those who know the ayatollah ex- meini’s consolidation of power, the left col- officials such as Secretary of State Cyrus pect that eventually he will settle in the laborated in giving radical Islam its greatest Vance, U.N. envoy Andrew Young and State holy city of Qom and resume a life of teach- victory in the modern era. Thanks in part to Department human-rights officer Patricia ing and prayer.’’ Derian pressed Carter to sever America’s Immediately following Khomeini’s seizure Jimmy Carter, Muslim radicals got what longstanding alliance with the Shah. Even- of power, political scientist Richard Falk they had been seeking for a long time: con- tually Carter came to agree with his advisers wrote in the Feb. 16, 1979, New York Times, trol of a major Islamic state. Now, irony of that he could not in good conscience support ‘‘To suppose that Ayatollah Khomeini is dis- ironies, Carter and some of the same people the Shah. sembling seems almost beyond belief. He has who lost Iran are back in the news, criti- When the Shah moved to arrest mullahs been depicted in a manner calculated to cizing the Bush administration for what it is who called for his overthrow, the United frighten. The depiction of him as fanatical, doing in Iraq. Some of their points may be States and Europe denounced his actions. reactionary and the bearer of crude preju- valid, but once again, they are forgetting Former diplomat George Ball called on the dices seems certainly and happily false. His that when you try and get rid of something U.S. government to curtail the Shah’s exer- close advisers are uniformly composed of terrible, you should at least make sure that cise of power. Acceding to this pressure, moderate, progressive individuals . . . who you don’t get something even more terrible. Carter called for the release of political pris- share a notable record of concern with Carter never understood that, and he still oners and warned the Shah not to use force human rights. What is distinctive about his doesn’t. Rather than dispensing advice, the against the demonstrators in the streets. vision is the concern with resisting oppres- 39th president should be offering the United When the Shah petitioned the Carter admin- sion and promoting social justice. Many non- States an apology. istration to purchase tear gas and riot-con- religious Iranians talk of this period as Is- Yes, what’s going on in Iraq today is not trol gear, the human-rights office in the lam’s finest hour. Iran may yet provide us pretty, but that could be said of just about State Department held up the request. Some, with a desperately needed model of humane any war. In trying to escape from a difficult like State Department official Henry Precht, governance for a Third World country.’’ situation, America should not put itself into urged the United States to prepare the way The naivete´ of Falk’s essay is of such mag- an even more perilous situation. We should for the Shah to make a ‘‘graceful exit’’ from nitude as to be almost unbelievable. Falk always keep in mind what’s at stake in this power. William Miller, chief of staff on the should have known better, and I believe he conflict. Today in Iraq, the Islamic radicals Senate Intelligence Committee, said the did know better. Sick notes that in terms of are after their second big prize. Iraq is, in a United States had nothing to fear from Kho- the kind of regime he wanted to institute in sense, even more important to the radicals meini since he would be a progressive force Iran, ‘‘Khomeini was remarkably candid in than Iran. The reason is that the Khomeini for human rights. U.S. Ambassador William describing his objectives.’’ As an expert on Revolution, despite its global aspirations,

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE H1710 CONGRESSIONAL RECORD — HOUSE February 15, 2007 proved to be very difficult to export. Ira- But over the course of this conflict, in one part, and the President has nians are Persian, and thus ethnically dis- the mission of our troops has been eliminated the rules of engagement tinct from the Arabs who dominate the Mid- transformed, and now they find them- that we had laid on our troops over dle East. Even within Islam, Iranians belong to the selves in the middle of a civil war that there, so we have a way to make this Shia minority, while 80 percent of Muslims involves not just two sides, but almost thing really happen. worldwide are Sunni. Consequently, Islamic innumerable factions in conflict with I really want to know, if the Demo- radicals have been attempting for the better one another. crats insist they are supporting our part of two decades now to carry the revolu- What is worse is the continued pres- troops, why they would not let me in- tion beyond Iran, to bring a second Muslim ence of American troops in Iraq will troduce my measure that mandates state under radical control, and to establish likely only inflame the ongoing sec- a model for theocracy and terrorism that the that Congress would support and fully Sunni majority in the Islamic world can tarian strife and create more, if not fund the men and women in uniform. emulate. So unlike in Vietnam, the United fewer, enemies of America. The bottom I am positive that Democrats will at- States faces an adversary that is not merely line is that a continued presence of tempt to cut funding as soon as the ideologically hostile, but one whose success American troops will only exacerbate spending bills come up this spring, and would threaten our vital interests and our the multiple conflicts in Iraq. maybe earlier, because there was a security, as well as our economic well-being. As a member of the Readiness Sub- Given this, the insouciance and even an- press conference earlier today that in- ticipation with which some of the Bush ad- committee of the House Armed Serv- dicated exactly that. ices Committee, I have additional con- ministration’s critics propose prompt U.S. b 1530 withdrawal from Iraq is remarkable. In a re- cerns regarding President Bush’s pro- cent article in Harper’s, former presidential posed escalation. I believe such an es- I fear what that means for our troops candidate George McGovern proposed that calation will further strain the limited on the ground, for their morale. The re- the United States get out of Iraq, give up its resources available to our military. Al- ality is that President Bush realized he bases there, apologize for having invaded in ready we know our readiness levels for needed to change the course in Iraq, the first place, accept responsibility for any and that is why he worked with folks bloodbath that ensues, and offer to pay rep- our troops not yet deployed are inad- arations to Iraq for its war crimes. This adequate. on the ground in Iraq to hear fresh vice goes beyond recklessness. What do A further escalation of troop levels in ideas and came up with a new plan. McGovern and his allies think is going to Iraq will only exacerbate this problem The President wants change and that happen when U.S. troops leave? They seem and put more servicemen and women in is why he changed the rules of engage- eerily eager for the insurgents to topple the harm’s way without the proper train- ment, enabling our guys to shoot at elected government and seize power. ing or equipment. Our troops were not any suspected terrorists. The President Apparently their dislike for President wants change. That is why he removed Bush is great enough that they are willing to trained to be peacemakers in situa- risk the country falling into the hands of Is- tions such as today’s Iraq. Some have political protections of all insurgents, lamic radicals. Little do the people waging argued that we need to increase the so all of the bad guys could be brought ‘‘the war against the war’’ know that, in ex- number of troops, so that we can en- to justice regardless of who they knew change for a temporary political advantage, gage in an action similar to what our or who they worked for. they are gravely endangering America’s se- forces did in Bosnia. These ideas are huge breakthroughs curity and well-being, ultimately even their Madam Speaker, this is at best a and real solutions. These ideas rep- own. false analogy. Iraq today is not Bosnia resent fresh starts and new plans. What Mr. ENGEL. Madam Speaker, it is of 1995. Today’s Iraq is in the early is the Democratic plan to move for- my pleasure now to call on another one stages of a series of conflicts that may ward and win? They do not have one. of our great new freshmen I have got- indeed intensify, but this will occur ir- Thirty-six hours of political ten to know, the gentleman from Iowa respective of whether we insert another grandstanding, nonbinding resolutions (Mr. LOEBSACK) for 5 minutes. 21,500 troops. We simply cannot solve and petty posturing, they are not pro- Mr. LOEBSACK. Thank you, Mr. the sectarian conflicts militarily. posing solutions. They are not even en- ENGEL, for yielding. While it was the Bush administration couraging new ideas. In fact, they stop Madam Speaker, today with all my them like when they squashed my colleagues I stand here in support our who initiated hostile actions in March amendment. brave men and women of the Armed of 2003, I believe it is now necessary for Many hope that the troop surge is Services, as well as their families. We the Iraqi people to step up and assume the beginning of the end. We should all should honor their great commitment responsibility for their future. want that if it gets the job done. Yet and sacrifices without hesitation. I What is also needed now more than the Democrats just say no. You know, support this resolution because I be- ever is for this administration to reach the time will come when you can put lieve the President’s plan for esca- out to our traditional allies and those the money behind these nonbinding lation is the wrong approach to the in the region who have a significant resolutions. You better believe we will conflicts in Iraq. stake in the future of Iraq. The Bush But this must not be the end of our administration must do something be watching and calling for those fund- efforts in Congress. For too long, Con- that it has been woefully reluctant to ing cuts loud and clear. America needs gress refused to stand up to the admin- do. It must admit that it made a major to know, cutting funds for our troops istration. Our actions today must strategic and foreign policy mistake in harm’s way is not a remedy. It is a mark the beginning of Congress’ role, when it invaded Iraq in the first place. ruse. not the end. The time has come to tell And I am willing to wager that such an Madam Speaker, I yield back the bal- President Bush enough is enough. admission would go a distance towards ance of my time, and yield the balance Last November, the American people at least beginning to repair our rela- of my time to the next moderator, Mr. spoke. They spoke loudly and clearly tions with the rest of the world, and SAXTON. on a number of issues, but none more the improvement of our relations with Mr. ENGEL. Madam Speaker, I now passionately and forcefully than the our traditional allies beyond the Brit- yield to another one of our rising fresh- war in Iraq. The American people, long ish is a prerequisite to securing their man stars, the gentleman from Mary- before this debate this week, decided help on Iraq. land, Representative JOHN SARBANES, 5 that the misadventure in Iraq must Madam Speaker, I call on my col- minutes. end. leagues to support this resolution Mr. SARBANES. Madam Speaker, Our troops have performed valiantly today, as the beginning of this Cham- the resolution we are debating today is in Iraq. In just a matter of a few weeks ber’s efforts to protect our troops and simple and direct. It declares strong they removed from power a brutal dic- bring our country’s involvement in this support for our troops on the ground in tator and began to provide the Iraqi war to an end. Iraq and opposition to the President’s people the opportunity to construct a Mr. SAM JOHNSON of Texas. Madam decision to send an additional 21,000 new political order. Our troops have Speaker, in closing, we have heard a men and women into harm’s way. I also contributed mightily to the recon- lot of excellent presentation points wholeheartedly endorse the resolution struction and development of the Iraqi today. I might just clarify the fact that and pray that the President will heed economy and infrastructure. the study group did recommend a surge its call.

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE February 15, 2007 CONGRESSIONAL RECORD — HOUSE H1711 Most agree now that it was a mistake Madam Speaker, the American peo- our freshman rising stars, STEVE to invade Iraq. Hearings in the Senate ple are tired, they are tired of rhetoric, KAGEN of Wisconsin. I yield 5 minutes and the House are stripping away the they are tired of promises to put poli- to him. last thin veneers of justification for tics and partisanship aside when all Mr. KAGEN. Madam Speaker, my that fateful decision. They are offering they see is bickering and recrimina- name is Dr. STEVE KAGEN. I am from compelling evidence that the adminis- tion. Let’s give them hope. Let’s send a Appleton, Wisconsin, and during the tration sacrificed wisdom, judgment, powerful message contained in this res- past 30 years I have cared for thou- and conscience in favor of shock and olution, but let’s not stop there. sands of military veterans as their phy- awe. Let all of us, the President, the sician. Many of us sense a similar impulse at House, the Senate, have the decency The resolution under consideration work in this administration’s dealings and dignity of purpose to put dif- today and voted on tomorrow will an- with Iran. Let us serve notice, this ferences aside and work every day, be- swer these questions: What kind of Na- Congress will not allow the administra- ginning this day, to bring our troops tion are we? In which direction shall tion to pursue yet another ill-fated home to their families, to their com- we move? During these past several mission. Madam Speaker, bringing our munities, and to a Nation that stands days we have all benefited from listen- troops home from Iraq is no longer a humbled by their sacrifice ing to hundreds of points of view from whispered prayer; it is now the clarion Mr. SAXTON. Madam Speaker, I our elected representatives from every call of the American people. yield 3 minutes to the gentleman from region of this great country on our on- One year ago those proposing a new Arizona (Mr. FLAKE). going involvement in Iraq. direction in Iraq were labeled as unpa- Mr. FLAKE. I thank the gentleman During these past several months, I triotic and marginalized in the na- for yielding. have been listening to the people who tional discourse. But we have come a Madam Speaker, I rise today in oppo- sent me here from northeast Wis- long way. Elections do matter. On No- sition to the resolution before us. I consin, people a lot like you, fiscally vember 7, the people in my district in wish I could do so with the type of cer- responsible and socially progressive, Maryland and across the Nation sent a tainty that seems to motivate many of the citizens of northeast Wisconsin. strong message. my colleagues on the issue. But such People in Wisconsin, like many else- The next day Secretary Rumsfeld re- resolute certainty escapes me. I do not where, voted for a positive change and signed. Shortly thereafter the Iraq have a military background. In fact, a new direction. The new congressional Study Group issued its report sharply few of us debating this resolution do. class of 2006 has given us hope again. criticizing the war. And in the next few But each of us can find generals or We are indeed not just in name but in days the United States House of Rep- former generals who will support vir- spirit America’s hope, and I am proud resentatives will pass this resolution tually every option we wish to put on to be associated with these talented in- signaling stiff opposition to the admin- the table. In the end, as legislators, we dividuals. istration’s proposal for a troop surge in are left with our own council. Hope- I rise today in support of our troops Iraq. fully, such council is informed by brief- and their families and to encourage all To those patriotic Americans who ings, hearings, meetings, and visits to of you to support this resolution. For it have been relentless in their call for an the region. is the first step in bringing an end to end to the war, know this: collective But we cannot and should not try to our costly involvement in a senseless voice has been heard. In my home place ourselves in the position of Com- civil war between the Sunni and Shiite State of Maryland, nearly 400 men and mander in Chief. Our system of govern- people. woman have died or been wounded in ment wisely gives that role to the Like every American, I strongly sup- Iraq. Two days ago, one of my constituents Chief Executive. port our troops, but I cannot support reminded me that the war is no longer This is not to say, however, that we the President’s poor judgment in pro- being measured in time, but in lives. should not be having this discussion. moting violence instead of diplomacy. To the families who have sacrificed so Some have said that simply debating The President has been wrong in every much and who have suffered the ulti- this resolution emboldens our enemies. decision he has made in Iraq. mate loss, do not fear for a moment Perhaps they are right, but we would Indeed, on four separate occasions, that a change in our policy in Iraq, not suspend due process in this country prior escalations have failed. And his that the effort to stop the escalation because it might embolden criminals. current plan makes no sense even to and begin drawing down our troops in It is a price we are willing to pay. the generals who understand it most. any way dilutes the value this country Likewise, debating the merits of war The reality is this, it was poor judg- places on the service of your loved is what democratic nations do. My own ment that took us to war in the first ones. thoughts on the situation in Iraq are as place. It is time to take a different History will treat harshly those pol- follows: I have little confidence that a course. For the path we are on now is icymakers at the highest levels who let surge in troop levels will change the morally unacceptable. And here are the ideology trump sound and informed situation in Iraq in any substantive facts: more than 650,000 Iraq civilians judgment. It will fairly criticize politi- fashion. It seems clear that the vio- dead; over 3,000 American heroes gone cians who have exploited this war for lence in Iraq is increasingly sectarian, forever; over 20,000 of our troops partisan gain. But it will reserve only and inserting more troops in this at- maimed for life, many with scars we pride and lasting gratitude for the sac- mosphere is unlikely to improve mat- will never see, at an economic cost rifice of our men and women in uni- ters very much. that may rise above $2 trillion. form amidst this sad tale of bungled in- Without a more sincere commitment Make no mistake, we must do what- telligence and ill-advised policy. They to step up to the plate from the Iraqi ever it takes to defend America and alone are untarnished. Government, we are unlikely to make keep hostilities from our shores. But Madam Speaker, I have never been to significant progress. But when all is what we need now is a tough and smart the war. Never kissed my wife and chil- said and done, we have a Commander in national defense policy. It is time now dren goodbye, wondering whether I will Chief whom we have authorized to go to get the smart part right. ever see them again. Far from the to war. This resolution has been criticized on harsh reality in Iraq, I am blessed with Inserting ourselves as legislators into both sides. Some say it is not enough; the sweet ebb and flow of life’s daily the chain of command by passing a res- some say it is too tough. But I am con- routines. olution, nonbinding though it may be, vinced it offers us the opportunity to But like many Americans who wit- that questions the President’s decision ask these questions again: What kind ness our soldiers dutifully pushing for- to conduct a mission that is clearly al- of Nation are we, when a President ward every day under impossible cir- ready under way strikes me as folly. takes us to war based on lies and de- cumstances, I am ill at ease. I know I urge my colleagues to vote ‘‘no’’ on ceptions, when our energy policy is de- that the current policy in Iraq will the resolution. cided behind closed doors, and when in only lead to more pain for many fami- Mr. ENGEL. Madam Speaker, it is our free elections not everyone’s vote lies and for our country. my pleasure to again introduce one of is counted?

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Is this resolution the best ef- begin now to work together and take a dence do you need? Have you listened fort of the new Democrat majority in different path, a path where people to the words of our enemies? Must we response to our challenge in Iraq? come first ahead of political parties, have more casualties in American cit- Madam Speaker, we should have an ahead of profit and loss statements, ies before you accept the nature of this honest debate about Iraq. And my ahead of politics of fear. When we put global threat? How quickly we forget, friends who are convinced that the war people ahead of political calculations, Madam Speaker. is wrong need to be accountable for we will begin to see a different world. I urge my colleagues to listen care- failing to say what is right. We will see that we must begin to solve fully to the words of Osama bin Laden. In closing, I want to say how proud I our differences by means other than Last year, bin Laden said, ‘‘Iraq is the am of the men and women who are going to war. After all, war is our focal point of the war on terror. The fighting for our freedom and security greatest human failure. most important and serious issue today all over the world. They don’t deserve This is not an idealistic sentiment, a for the whole world is this Third World what we are doing to them today. This realistic assessment of the chronicle of War. It is raging in Iraq. The world’s resolution is a sham. It is nothing horrors witnessed every day in Iraq, millstone and pillar is in Baghdad, the more than political grandstanding, and and even our own experiences here at capital of the caliphate.’’ Another one, it is feeding the propaganda machine of home, in New York City, in Virginia, in ‘‘Jihad against America will continue. our enemy. Pennsylvania, in Oklahoma City. Jihad against America will continue I have been to Iraq. I have seen the We must teach our children and our economically and militarily. By the efforts of our soldiers firsthand. They leaders alike that in the end diplomacy grace of Allah, America is in retreat. want to win. They have seen the face of defeats violence. We must begin to But more attacks are required.’’ the enemy and I can assure you they think differently in America as we es- Madam Speaker, Osama bin Laden, are committed to winning. If you are tablish a new direction for hope in the as well as other Islamic extremists committed to winning, vote ‘‘no’’ on world and a new beginning for our around the world, view the conflict in this resolution American era. By working together we Iraq as the central battleground in Mr. ENGEL. Madam Speaker, I now will build a better future for all of us, their ideological struggle. yield 5 minutes to Representative MIKE beginning right here and right now. Make no mistake, we are at war, and ARCURI of New York, another rising Like the new congressional class of it is about time that some of our mem- star from my home State. 2006, America’s hope, I strongly sup- bers of our government figured it out. Mr. ARCURI. Madam Speaker, Amer- port our troops, but not the President’s Someday soon, the Representatives icans are outraged with the present failed policy. I encourage all of my col- who are supporting this resolution will course in Iraq. Here we are more than leagues to join the class of 2006 and have to explain to the voters what they 4 years later with 3,100 of our brave vote ‘‘yes’’ on this important resolu- have done to make us safer at home men and women killed, fighting a war tion. Join us. Be part of America’s and abroad. Since this resolution does that has cost our Nation $370 billion. hope. nothing more than embolden our en- It has become overwhelmingly clear Mr. SAXTON. Madam Speaker, I emies, demoralize our troops, and send that the current strategy to secure the yield 5 minutes to the gentleman from mixed messages to our allies, they will peace of Iraq is failing. And yet the ad- California (Mr. NUNES). have a difficult task before them. ministration contends that sending Mr. NUNES. Madam Speaker, I rise Today, unfortunately, we won’t hear more combat troops into Iraq is some- today in opposition to this intellectu- much about the Democrat plan for how a silver bullet that is going to ally dishonest resolution. I do so in Iraq. We will, instead, hear a lot about quell the ongoing violence. I couldn’t order to challenge the majority party failure and defeat. We might even hear disagree more. to put their legislating where their a conspiracy theory or two. And, of The resolution before us today estab- mouths have been. The endless criti- course, we will hear a lot of political lishes two overwhelmingly clear and cism to the war in Iraq is clouded by posturing. concise principles that are supported political opportunism and has done lit- But Madam Speaker, the American by a large majority of Americans, and tle or nothing to improve our chances people deserve to know the truth. What I am confident will garner a great deal of victory. happens next, Madam Speaker, to of support for many of my colleagues We need an honest debate. We need those who believe the President is on the other side of the aisle. answers from those who support this wrong, to those who believe we rushed First and foremost, we support our resolution. What is next? What is your to war, to those who can’t get beyond brave service men and women. They plan? It should come as no surprise our national intelligence failures and, have done everything that has been that the resolution we are debating instead, persist on conspiracy theories? asked of them, bravely and honorably; today says very little. There are less Tell us, what is next? What is your and for that, we in Congress and the than 100 words. And while the rhetoric plan to protect the American people? people all over America will be forever has been flying during the debate, it Madam Speaker, I demand answers grateful. seems to me that the new Democratic from the authors of this resolution. Second, and simply, we oppose send- majority is hoping to avoid debate in The American people have a right to ing additional troops into Iraq. which they might have to defend their know. Is your plan to simply stand Madam Speaker, during this debate plan in Iraq. aside and allow an ideology of hate to some of my colleagues have used the What we have here is nothing more consume the Middle East? term ‘‘victory’’ in their remarks. Vic- than a political exercise, a nonbinding I implore my colleagues, if you won’t tory. But no one, not one of my col- resolution, words with no meaning. heed the warnings of our military and leagues in this Chamber, nor anyone in Make no mistake, their opposition to intelligence organizations, listen to al this administration, has yet to clearly the President’s plan is political. There Qaeda’s own words. They are speaking define what victory in Iraq really is no constructive criticism here. Read directly to you. means. their resolution. This is from Deputy leader al- At one point we were told victory Iraq is the battleground, Madam Zawahiri recently. ‘‘I wish to talk to meant getting rid of weapons of mass Speaker, a key battleground against the Democrats in America. You aren’t destruction. Then, of course, we extremism, terrorism and the expan- the ones who won the midterm elec- learned there were no weapons of mass sionist goals of our enemies. tions, nor are the Republicans the ones destruction. When that didn’t work, we

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There have been several elec- the recent course of events in Iraq. It and political resolution to the floor to tions in Iraq, yet still no victory. And does not take into consideration the divide us, rather than unite us, on the all the while, the casualties have con- recommendations of the bipartisan most serious question facing the coun- tinued to rise. Iraq Study Group. It does not require try today. Earlier this week, I had an oppor- the Iraqi people and their elected lead- For this reason, I urge my colleagues tunity, for the first time, to visit with ers to step up and take responsibility to vote against this nonbinding resolu- wounded soldiers recovering at Walter for their own future. It certainly does tion, which lacks any substance. I re- Reed Army Medical Hospital. Seeing not set any benchmark that must be mind my colleagues that a ‘‘no’’ vote firsthand the devastating injuries that met by the Iraqis. Most importantly, on this resolution is certainly not a some of our brave soldiers have en- passage of this nonbinding resolution rubber stamp for the President’s troop dured has troubled me in a way that I does not protect the funding of our surge. have not known before. As an Amer- troops in Iraq and, according to many While I continue to support the mis- ican who loves his country very much, Democrats, it is likely the first step in sion in Iraq, I think it is clear that the and as a father of two teenagers, it be- cutting off that funding altogether. administration’s efforts to achieve the came crystal clear to me right then Madam Speaker, we have spent 3 mission have not been flawless. But a and there what exactly victory in Iraq days debating a resolution that does vote against this resolution is a clear means. I think victory in Iraq means nothing more than serve as a vote of no vote to support our commanders and bringing as many of our troops home confidence in the brave men and troops and all those who have lost alive as possible, the way I would want women who are fighting for freedom their lives spreading freedom to the to see my two children brought home, and democracy in Iraq. Not only is this people of Iraq. if they were in Iraq. That is what vic- resolution discouraging to our com- I believe that more should be done to tory is about, is bringing as many manders and forces, it will fuel the ef- press the now established Iraqi Govern- ment and U.S.-trained Iraqi military to Americans home alive as we possibly forts of our enemies who are deter- take the lead. I believe more can be can. mined to spread terror and suppress Madam Speaker, my colleagues on done on the diplomatic front to engage freedom. the other side of the aisle had the bet- Despite numerous attacks by terror- the countries of the Middle East to ter part of 3 years to use their position ists on U.S. military and diplomatic help. in the majority to change the course in But unfortunately, no such resolu- targets throughout the 1990s, Ameri- Iraq. They did nothing. No resolutions; tion offering concrete evidence has cans on September 11, 2001 awoke to few, if any hearings; and no account- been allowed, and this hollow process the painful realization that we are en- ability. How many more American has resulted in a hollow resolution. gaged in a long-term global war with lives are worth risking to continue an I urge my colleagues to vote ‘‘no.’’ terrorists, an international campaign ill-conceived and poorly planned strat- Mr. ENGEL. Madam Speaker, it is to combat an ideology that spreads egy that is clearly not working? my pleasure to yield 5 minutes to a The American people answered that hate and destruction. great new member of our Foreign Af- question last November. They have had Iraq is now the central front in this fairs Committee, Mr. ALBIO SIRES of enough, enough political rhetoric, global war. Success in bringing about a New Jersey. enough stay the course, and most im- stable and democratic Iraq in the heart Mr. SIRES. Madam Speaker, I rise portantly, enough of the loss of life. of the Middle East is a goal that I be- today in support of this resolution on Some of my colleagues are trying to lieve we all share. behalf of the 32,000 men and women mischaracterize this resolution. They While the difficulties cannot be mini- from my State of New Jersey, and all say this resolution somehow dem- mized, neither can the consequences of the other servicemen and women that onstrates a failure to support our failure and withdrawal. If we fail, the have been deployed since 9/11. I am so troops. That is ridiculous. resources now devoted by terrorist or- proud of their sacrifice and service to Let me be clear, perfectly clear. Ev- ganizations and nations sponsoring ter- our Nation, and I will continue and al- eryone in this Chamber, Republicans rorism in Iraq will be turned to spread- ways support them. After all, I am and Democrats alike, support our brave ing terror around the globe including, standing in front of you as a product of men and women serving in the Armed again, on American soil. Do not em- the sacrifices our soldiers have made in Forces. Simply because we believe the bolden them with this resolution. the name of liberty and freedom best way to support our troops is to The United States and our allies, in throughout the history of this country. bring them home does not mean that fact, all freedom-loving peoples, need I also rise on behalf of my constitu- we don’t stand behind them. In fact, I to support the popularly elected Iraqi ents, the people of New Jersey, and the think it means a greater commitment Government in establishing control people of this Nation whose tax dollars of support to them. over their country and providing a sta- are paying for this war in Iraq. Since Madam Speaker, I was not elected to ble environment for the Iraqi people the beginning of the war, $379 billion blindly follow along. I was not elected and our troops as they assist in this has been appropriated. Another $235 to accept the status quo, and I was not process. Together, we have made sig- billion is slated for the upcoming sup- elected to be a rubber stamp. I was, nificant progress, despite numerous ob- plemental appropriations. We are cur- however, elected to stand up when nec- stacles. rently spending $8 billion a month in essary and say no, I disagree. And that Iraqis made history when they Iraq, and the American people are foot- is exactly what we are doing here turned out in record numbers, despite ing the bill. today, we are standing and saying we increased violence, to vote in the first All this money could have been used disagree. free elections in over 50 years. Millions to declare war on some of our domestic The American people have run out of of Iraqis waved their purple-tipped fin- problems here at home such as poverty, hope. They are tired of the failed poli- gers with pride as they came out of the improving our schools, ensuring access cies of this administration. It is time voting stations, a message to the world to health care and investing in afford- for a new approach. It is time for a new that they chose freedom. able housing. This money could have strategy, and it is time for a new direc- The President is the Commander in been used to invest in our children, our tion Chief and has the authority to make family, our veterans, and especially Mr. SAXTON. Madam Speaker, I decisions about the best way to accom- our elderly. But it wasn’t. yield 5 minutes to the gentleman from plish our goals in Iraq. He has initiated Instead, American taxpayers have Roanoke, VA (Mr. GOODLATTE). changes to our course in Iraq. also committed more than $38 billion

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE H1714 CONGRESSIONAL RECORD — HOUSE February 15, 2007 to Iraq reconstruction. About 33 per- stay the course, a scenario that every- Mr. SPACE. Mr. Speaker, I rise today cent of this money is targeted for in- one agrees is unacceptable. This resolu- to share with you my belief that we, as frastructure projects like roads, sanitation offers no alternative strategy. a people, are at a crossroads unlike any tion, water, electric power and oil pro- As we consider the challenges in Iraq, in our history. We have seen our manu- duction. However, I am concerned that we need to remember and learn from facturing-based economy assaulted by only 25 percent of the Iraqi population the lessons of Afghanistan. In the 1980s, the forces of globalization, the chal- has access to drinkable water. we supported the people of Afghanistan lenges of the ensuing revolution and in defeating the Soviets, helping throw energy production squarely upon us, b 1600 the Soviets out of that country. In 1989, and we are at the dawning of a new un- I am concerned that of the 136 sanita- when that happened, what did we do? derstanding, the fragileness of our en- tion and water projects, only 49 are We walked away. We did not finish the vironment. All of these things are, in said to be completed. I am concerned job. We did not help the people of Af- their own right, seminal concerns of a that the residents of Baghdad only ghanistan to stand up a secure and sta- profound scale, but in spite of the grav- have 41⁄2 hours of electricity per day. ble government. Instead, we walked ity and import of these issues, there is And I am concerned that the current away. Who filled the vacuum? The perhaps no more compelling matter be- oil production in Iraq is half of what it Taliban, and ultimately al Qaeda, a fore us than that of the war in Iraq. was prior to the war. safe haven for them to plan attacks My colleagues on both sides of the Since the reconstruction project against America and its interests. aisle are distressed by the tragic turns started, the Coalition Provisional Au- In 1989, I imagine that few Americans that this war has taken. I do not, at thority can’t account for almost $9 bil- believed that what went on in the this moment, nor do my colleagues, I lion of the taxpayers’ money. Every mountains of Afghanistan would im- presume, wish to draw upon the moti- year, $4 billion has been lost because of pact the lives of Americans here at vations or lack of candor exhibited by lack of oversight. home. On September 11, 2001, in a trag- our President in letting slip the dogs of There have also been many problems ic fashion we learned that that was the war. But I do long for leadership, lead- with poor project and quality manage- case, that what went on in Afghanistan ership seasoned and honest enough to ment. For example, the Baghdad Police mattered here at home. We cannot af- admit when a mistake has been made, College cost $75 million, and it was ford to make the same mistake now in leadership that has a vision for the fu- built without the proper plumbing for Iraq, to allow Iraq to become a safe ture, leadership able to meld the inher- waste water. It has become a health haven for al Qaeda and other enemies ent wisdom of man with the realities of and a structural hazard. The Basrah of our Nation and our citizens. the modern world. Children’s Hospital is running $48 mil- The Iraq Study Group offered a com- Under our form of government, it is the President who is singularly en- lion over budget and is a year behind prehensive approach to the challenges dowed with this leadership; yet at this schedule. And after spending $186 mil- of Iraq. It included political, diplo- critical historical moment, our call for lion, Parsons has only 6 of the 150 matic, and military options. As part of leadership and inspiration has been planned health care centers completed the military proposal, it dismissed in- unmet. As a result, Mr. Speaker, I and only 14 more will be finished. The creasing our troop levels by 100,000 to today voice my opposition to the Presi- list goes on and on. 200,000 troops, saying it was not fea- dent’s plan to deploy additional troops Madam Speaker, the Iraqi Govern- sible and would lend to the argument ment says $100 billion is needed over to Iraq. of an occupation. The crisis that Iraq has become will the next 4 years to rebuild the coun- However, the Iraq Study Group did try’s infrastructure. Madam Speaker, not be resolved merely with more, support more limited troop reinforce- more, more, more troops, more tours the Iraqi Government seems to think ments. And I quote from the Iraq they have open access to U.S. dollars. and deployment extensions, more inju- Study Group report: ‘‘We could, how- ries, more deaths. Simply providing The Iraqi Government and the Iraqi ever, support a short-term deployment more without a blueprint is not people must take responsibility and or a surge of American combat forces enough. Without a clear plan and a help rebuild their country. Our support to stabilize Baghdad or to speed up the clear objective, a troop increase will is not open-ended, and neither are our training and equipping mission if the not help our Iraq policy. In fact, it will tax dollars. United States commander in Iraq de- only deepen the disaster that Iraq has Madam Speaker, I support this reso- termined that such steps would be ef- become. lution and this debate because our fective.’’ I do not utter these thoughts lightly. troops and our constituents can no The report goes on to dismiss the I share these sentiments, knowing that longer afford to have this Congress sup- idea of an immediate withdrawal. Well, all of the people that I represent will port the administration’s failed Iraqi our commander in Iraq today, General not necessarily agree with me. I fear policies. They failed to give us the nec- Petraeus, an individual confirmed that my remarks will be misconstrued essary oversight for Iraq reconstruc- unanimously by the United States Sen- as reflecting something less than a full tion efforts, they failed to listen to the ate, is on record supporting the need commitment to the brave men and advice of the military commanders, for these additional reinforcements. women who have served or are serving they failed to listen to the American Ultimately, the key to long-term their country in uniform, or to those people, and, as a result, they failed to success in Iraq is the Iraqi people heroes who have given their very lives provide a plan to success in Iraq. themselves. They need to show the for this cause. Mr. SAXTON. Madam Speaker, I ability and the will to stand up and se- Let there be no mistake, Mr. Speak- would like to yield 4 minutes to the cure their emerging democracy. Having er, I have at the very heart of my moti- gentleman from York, PA (Mr. liberated Iraq from a regime of terror vation for these remarks a sincere ap- PLATTS). and torture, our role today is to assist preciation for the sacrifice of our Mr. PLATTS. I thank the gentleman the Iraqis in achieving a stable and se- brothers and sisters who have been dis- for yielding. cure nation. This reinforcement effort patched to fight this war. They, and Madam Speaker, I want to first take is part of that effort, along with re- their families by extension, have been this opportunity to express my heart- gional diplomatic efforts and internal called into action under trying cir- felt gratitude and deep respect for our Iraqi political reconciliation efforts. cumstances, and I am profoundly troops and civilians serving in harm’s We are now in the role of helping the moved by their sense of courage and way. I have had the privilege of vis- Iraqis help themselves. We cannot for- dedication to country. In fact, it is my iting our troops in Iraq on four occa- get the lessons of Afghanistan and admiration and respect for our brave sions and Afghanistan twice, and they walk away. warriors that motivate my decision to and their families are truly the heroes I urge a ‘‘no’’ vote express my dissatisfaction with the in America. Mr. ENGEL. Mr. Speaker, it is now President’s plan to subject more of I rise today in opposition to this res- my pleasure to yield 5 minutes to anthem to the ravages of war. olution, a resolution that seeks to other great new freshman, Representa- To date, over 3,000 Americans have maintain the status quo, in essence, to tive ZACK SPACE of Ohio. fallen in this war. All of them loved

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE February 15, 2007 CONGRESSIONAL RECORD — HOUSE H1715 their country enough to place them- tuting change, claimed to be the party gentleman from New Hampshire (Mr. selves in harm’s way in her defense. All of change, and has control of the gavel HODES). of them left behind their families, who in both Houses of Congress. Instead of Mr. HODES. Mr. Speaker, I come to will never stop grieving. All of them offering a path to victory, they are the floor today to voice support for our have been deprived of the pleasures and playing politics. troops, without reservation, and to op- privileges of a full life, just as we who My question is, what does this vote pose the administration’s proposed es- remain have been deprived of the con- actually accomplish? Does it imple- calation in Iraq. tributions to our society that each ment new ideas to win the war in Iraq? We are at a turning point in Amer- would have given. Will our country be safer because of ican history. This Congress will shortly Fifteen young men from Ohio’s dis- this resolution? Does it enable our vote on a bold, clear resolution, repudi- trict have died in this war, all of them troops to fight more effectively by giv- ating the administration’s failed policy were loved dearly. They are fathers, ing them the supplies that they need? in Iraq, a fiasco which has weakened sons, brothers, and husbands. Ohio’s The answer to these questions is a sim- our security, threatened our military 18th is exclusively rural in makeup, ple ‘‘no.’’ readiness, cost thousands of lives and dotted by one small town and village As a newly elected Member, I came wasted billions of dollars. after another. Our people are decent, here to find solutions to our country’s I was elected to Congress from the hardworking, and imbued with a strong problems. To that end, I am supporting great State of New Hampshire, prom- sense of personal responsibility. Our legislation to institute benchmarks. I ising return of congressional account- community is close knit and sup- am supporting legislation that will ability and oversight. For the past 6 portive. The death of each one of these make our troops and their needs fully years, while Congress was under Re- brave soldiers was met with a deep funded. I support diplomacy and mak- publican control, only 12 hearings were sense of communal grief. ing the Iraqi Government more ac- held on the Iraq war, but in the past 6 This resolution stresses a message countable. weeks this Congress has held 52 hear- that many believed in. We support our The message that I want to send on ings. troops, we support their commitment our troop is, I am with you, and you The evidence is clear that the Amer- to and sacrifice for our Nation, we sup- can count on me. ican people and Congress were misled port their families and those of the b 1615 into the war in Iraq. No weapons of fallen in their silent and eternal heart- Because, really, we are counting on mass destruction, no links between ache. We cannot fully understand their them. Saddam Hussein and al Qaeda, no im- pain, but perhaps we can learn from it. Mr. Speaker, why can’t we be for minent threat to our national security. Mr. Speaker, I cannot support a something today, an actual alter- Our resources, effort and attention troop surge without real answers as to native, instead of debating a non- were recklessly diverted from the war how it will bring success in Iraq. I can- binding resolution that tells our sol- in Afghanistan, which I supported, and not support escalation without regard diers we don’t support your mission? which continues to require our vigi- to diplomacy, without regard to the po- Our enemies believe America is weak lance and commitment. litical realities of the region, and with- and their propaganda says the United This administration has now lost its out regard to the underlying dynamics States is losing the war against ter- credibility with the American people of this conflict. rorism. and with the world. To succeed in the There is an unspoken pledge between Osama bin Laden’s deputy and ter- Middle East, we must regain our moral a soldier of war and the mechanisms of rorist network have stated that Iraq is compass and embrace a new direction power. That warrior unquestioningly the central front in their fight against in Iraq. The administration’s stubborn serves, defends and, if need be, dies. In American and Western ideals. Iraq is arrogance and incompetence has mag- consideration, he expects his govern- the central front to push their radical nified the chaos in Iraq. ment to only place him in harm’s way ideology of hate and intolerance. These Our brave troops have done every- when need be, and only through a are the real bad guys. These are the thing asked of them, but the adminis- painstakingly thought-out plan for vic- people we should be focusing our atten- tration’s failures in planning tory. tion on, not tearing down our leaders, postconflict reconstruction and its Our troops have fulfilled their pledge commanders and brave soldiers in the shocking incompetence in management to our country. It is time that our field. The reality is the terrorists are have opened the Pandora’s box of sec- country fulfill its pledge to our troops. determined to kill Americans, wher- tarian violence and civil war. Mr. SAXTON. Mr. Speaker, at this ever we may be. Therefore, we must Escalation has been tried before and time I would like to yield 3 minutes to take the fight to them. it has failed before. The administration the gentleman from Nevada (Mr. HELL- The fact is, this resolution only claims this escalation is different. The ER). strengthens our enemies and does noth- administration says there are bench- Mr. HELLER of Nevada. Thank you ing to solve or address any of the na- marks for the Iraqis, but what I have for the time. tional security issues facing our coun- concluded from our hearings and brief- Mr. Speaker, I rise today to talk try. The stakes are high in Iraq. Noth- ings is that no firm benchmarks for the about the issue before us, the war in ing less than our very safety and sur- Iraqis have been set. Iraq. vival is at issue. Nothing less than the Clearly, the administration intends In this past year, the American peo- lives of the courageous members of our to escalate, whether or not the Iraqis ple clearly demanded change. I am new armed services are on the line. It is step up. And today it is reported that to this body, but I know Nevadans critical that we have a real debate on they plan to send our troops off to Iraq wanted me to help institute changes in the issues and address these points. without up-armored Humvees. This is the direction of this country. Let’s, instead, together look for a deja vu all over again, a lack of plan- As we debate this resolution, I really new way forward, for a path to victory ning, combined with a lack of candor. have to wonder if we have heard the and for the best way to support our Relying on a military force alone as American people. This resolution brave men and women overseas who are a strategy continues the administra- brought forth by the majority says two fighting to keep us safe. Let’s instead tion’s one-legged-stool approach to for- conflicting things: we are opposed to focus on what we need to win this vital eign policy. Absent an Iraqi Govern- the war in Iraq, but we are for staying conflict, not a meaningless resolution, ment committed to forging a political the course. These two positions are ir- which is what we are offered here solution to the country’s woes and ab- reconcilable. today. sent the infrastructure for jobs and re- As I watch this debate, I have not To paraphrase the late Charlie Nor- construction programs, the one-legged seen any proposals for change. What we wood, a decorated war veteran, ‘‘The stool cannot stand. We have already are debating today is the same as what choice before us today is clear: either lost billions in U.S. and Iraqi dollars to has been debated in the past. We stand America or al Qaeda.’’ fraud, waste and abuse. here in this body controlled by a new Mr. ENGEL. Mr. Speaker, I yield 5 Baghdad is a city of some 7 million majority who campaigned on insti- minutes to a great new Member, the people. In a city that size, an injection

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE H1716 CONGRESSIONAL RECORD — HOUSE February 15, 2007 of 20,000 troops is too little too late. This House is about different points of We can do much more than debate a The administration talks of victory in view, speech and debate, in an institu- nonbinding resolution, one that allows Iraq. The word is meant to stir our pation that belongs to the people. politics to creep into the question of triotic fervor. But in this matter, it Our Nation is protected by the brav- support for our troops at a time when has, unfortunately, a sad and hollow est of the brave, who leave their homes our support must be complete and it ring. and families to stand guard on foreign must be unquestioned. As a result of the administration’s shores. Some of them are the first in The liberation of Iraq means more ineptitude, we are left making the best their families to wear the uniform of than words and more than weapons. out of a bad situation. We owe it to our our country. Others have done so for Liberation needs diplomacy, libraries, troops, the American people, and the generations. schools and economic stability, steady Iraqis to act wisely and strategically. These young men and women hold work and clean water, safe streets, as The administration talks tough. We dear connections to every town in well as safe passage. The measures of must be tough, smart and fearless. America. We are wrapping the fallen in this progress must be widely known That means a new direction in Iraq. our flag. They deserve the best plan- and the planners of this war must be Our first order should be to address ning, the clearest execution, the ut- completely accountable. the missing second leg of the stool. Re- most care in their deployments, and Every day we do not define the terms place the military surge with a diplo- heroes’ welcomes when they return. of progress, we lay a grave trans- matic surge, convene a high-level team But it is not enough to give them pa- gression at the feet of the mothers of of special envoys, send them to the re- rades. It is not enough to give ampu- the fallen, of the brothers of the killed, gion, and send them there until the job tees the best VA care. Nor is it enough of the soldiers who were just far is done. to bury them well. We cannot allow enough away from the IED that, when The third leg of the stool is eco- their service to be undermined. it exploded, they lost their limbs but nomic. We need a real economic recon- Congress and the administration not their lives. struction program, but only on strict have been locked in a struggle to show Mr. Speaker, I cannot lend my sup- conditions that the Iraqi Government the proper support very nearly from port to this resolution. It sets too poor step up to quell the violence and en- the beginning of this war. Personnel a precedent in this Congress when our gage in reconciliation and oil revenue- armor, communications equipment, ve- standards for action must be high. sharing. hicle kits, the things these Americans Words cannot replace deeds in support It is past time to remove our troops need, not for comfort but to preserve of our American troops. from the middle of this civil war, rede- their lives amid danger, have in some Mr. ENGEL. Mr. Speaker, I can’t tell ploy them strategically in the region cases been supplied by soldiers’ fami- you how much pleasure it gives me to to give pause to our foes and send the lies and others because the Department introduce our next speaker, who rep- troops we need to Afghanistan where of Defense, which received $500 billion resents a district adjacent to mine. I they can support the government and last year, has run out. Supply-chain am so delighted to have him in Con- deal with the resurgent Taliban. Deal- issues abound. Training has been in- gress, and I know his constituents are ing with Iran is, of course, challenging; complete or insufficient for the new de- as well. but harsh rhetoric and saber-rattling mands on our troops. I still cannot dis- I yield 5 minutes to the gentleman are counterproductive in the complex, cern a clear articulation of the mission from New York (Mr. HALL). destabilized Middle East. of these men and women in the field. I Mr. HALL of New York. Mr. Speaker, The true test of leadership is facing loathe revisiting these failures, but re- I thank the gentleman. reality and having the good judgment sponsible representation demands we Mr. Speaker, I stand with the other and wisdom to adapt to the reality. By do so. members of my freshman class to sup- passing this resolution, we are sending Every American knows that America port this important resolution. My the administration an unambiguous cannot do the work of Iraq’s natural al- election and those of my fellow fresh- message: No more blank checks. We lies. We cannot supplant Iraq’s neigh- man colleagues were an unmistakable have had enough. It is time to face the bors who depend on the nation’s viabil- signal from the American people. They reality in Iraq and develop a respon- ity for their own stability. We can be believe the President’s path in Iraq is sible and comprehensive strategy to many things in Iraq, but we cannot be wrong and they want new voices to protect American security in the re- all things to Iraq. produce change. gion. We can make good on our commit- Mr. Speaker, I am one of those Much has been asked of this country ment to American troops serving in voices, and today I rise to speak with in the past, and the future will inevi- Iraq, and here is how: We can offer the American people to oppose the tably require sacrifice, but it does not them the support of a robust American President’s escalation. require sending 20,000 more American Diplomatic Corps to do jobs our sol- The United States requires a new troops to Iraq. It does not require an diers should not have to do and to path in Iraq, a path that will deploy escalation of this war. I urge my col- avoid conflicts and enemies they our troops out of Iraq; a path that will leagues to support the resolution, and I should not have to engage. force the Iraqi Government to plan for oppose the administration’s escalation We can secure funds for Iraq that its own defense; a path that will engage of the war in Iraq. guarantee our soldiers have the gear countries throughout the region and Mr. SAXTON. Mr. Speaker, I yield 5 and training they need to stay safe, around the world to help stabilize and minutes to the gentlelady from Cape and that means more than writing the protect Iraq; and a path that will allow Girardeau, Missouri (Mrs. EMERSON). taxpayers’ check. That means diligent, the United States military to rebuild Mrs. EMERSON. Mr. Speaker, it lit- scrutinizing oversight of how our and refocus on the important mission erally breaks my heart to be here money is spent. of destroying al Qaeda and defending today. Young Americans from my dis- We can assure that the deployment of America from the threat of inter- trict have gone to Iraq and we have American troops is deliberate in every national terrorism. lost some of our best, brightest sol- way. Sadly, the escalation proposed by the diers. One of the finest men I ever met, We can offset the engagement of President does none of these things. who I had the privilege of appointing to American troops far from home with The President’s plan continues down West Point, lost his life in Iraq just the engagement of Iraqi troops in their the same path we have traveled for the last September. I feel responsible in own cities and towns. We can speed last 4 years. These years have taught part. We all are, in part. this transition by immediately secur- us that U.S. military power alone is Very little has been asked of most ing Iraq’s borders, by providing aggres- not sufficient to stabilize Iraq, yet it is Americans in this war, but too much sive training to Iraqi units and by lend- the only tool this President employs. has been asked of a very few. ing our expertise to building Iraqi in- From the outset, this administration If anything comes from this debate, stitutions in addition to building the has been wrong. The administration led Mr. Speaker, I hope it is a consensus Iraqi army. We can do these things, us into a war with flawed intelligence. for our responsibilities in this conflict. and we must. That is one wrong. The administration

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE February 15, 2007 CONGRESSIONAL RECORD — HOUSE H1717 went to war without a plan to win the Currently, there is a backlog of near- time we went there to make freedom, peace. Two wrongs. This administra- ly 600,000 pending veterans claims at never once did the Congress in that tion chose to protect Iraqi oil fields be- the VA. We must reduce this number so role undermine the military or the fore securing the ammunition dumps that all veterans can be better served. Commander in Chief. throughout the country. Three wrongs. We must provide funding to better di- Then we came to Vietnam, and we This administration sent our troops agnose and treat post-traumatic stress began to fight a war by the media, a into harm’s way without enough body disorder. I am appalled that during this war without allowing the troops to do armor or armored vehicles. Four time of war the administration would the job they should have done, and in wrongs. This administration gave no- cut funding for research on prosthetic fact, we lost that war. And imme- bid contracts to its friends and polit- technologies that will let our wounded diately after withdrawing, we saw what ical allies. That is five wrongs. veterans lead more normal lives. happened. Khymer Rouge killed 2 mil- My district is the home of West Point lion people. People forget that. Two b 1630 Military Academy and, as such, has a million heads were laying around, Years ago now, President Bush stood unique perspective on the war. The lolling around Cambodia. And then we on the deck of the USS Abraham Lin- leaders that emerge from the halls of had Grenada, which was very short and coln before a banner declaring mission that institution are an invaluable re- very sweet, and of the course, the Gulf accomplished and said, ‘‘Major combat source for our Nation. Sadly, we have War was 110 days. And now we come to operations in Iraq have ended.’’ That is lost over 50 West Point graduates in the Afghanistan war and the Iraq war. six wrongs. Iraq and others in the services and I suggest to you this resolution will Now, this administration wants us to throughout my district. undermine and cause a morale disrup- blindly place our faith and the lives of My brother-in-law is a lieutenant tion to our troops. Nowhere can you be 20,000 more of our troops in an Iraqi colonel who works at West Point. My in the field and understand the Con- Government that has failed to meet nephew is a cadet. The courage, devo- gress of the United States now is not every security obligation it has tion and conscientiousness of the men going to support them when they say pledged. Sadly, once again, this Presi- and women of the United States Mili- they do, when they say they are going dent is wrong, and no amount of tary Academy embody the best of to cut their funding in the future. wrongs is going to make the Presi- America. It is a slippery slope down this slide dent’s policy towards Iraq right. In the words of the sheriff of Putnam of not being the leaders of this Nation It is time for a new kind of escalation County, a retired brigadier general, one for freedom, and this is what I thought on the diplomatic front. A stable Iraq should never send our Armed Forces to this country is about, freedom for each is in the United States’ interests and in do a job which is not militarily achiev- individual in this world and in our the interests of Iraq’s neighbors. How- able. country. And to have this occur tomor- ever, the President has done next to I support this resolution row on the 16th is a disservice to the nothing to gain the assistance of re- Mr. SAXTON. Mr. Speaker, I yield 4 future generations, the generations of gional partners. minutes to the gentleman from Alaska Americans who will not have the op- Inside Iraq, the government must (Mr. YOUNG). portunity to be in the greatest country meet its promises to reach out beyond (Mr. YOUNG of Alaska asked and was in the world because of the action of its base of support and unite the Iraqi given permission to revise and extend this Congress. people. Sending more troops into Iraq his remarks.) I urge a very, very strong ‘‘no’’ on H. does nothing to push the Iraqi Govern- Mr. YOUNG of Alaska. Mr. Speaker, I Con. Res. 63. ment towards greater self-reliance. At have listened to this debate on both Mr. REYES. Mr. Speaker, it is now a time when it is incumbent upon the sides of the aisle for the last 2 days, the my privilege to yield 5 minutes to the Iraqi Government to step up and do third day in fact, and probably will lis- gentleman from Pennsylvania (Mr. more, why should we give them the op- ten to it tomorrow. CARNEY). portunity to do less? I rise in opposition to H. Con. Res. 63, Mr. CARNEY. Mr. Speaker, I stand This resolution is an important first and I would like to make a quote: today as a proud veteran in support of step that voices loud and clear the ‘‘Congressmen who willfully take ac- this bipartisan resolution which states message America sent last November, tions during wartime that damage mo- that Congress and the American people and it puts the President on notice rale and undermine the military are support our men and women in uni- that the Congress will no longer stand saboteurs and should be arrested, ex- form, but do not support deploying by and allow him to recklessly endan- iled or hanged,’’ Abraham Lincoln, who over 21,000 additional troops to Iraq. ger American lives and security. If the had the same problem this President I fear that President Bush’s plan to President refuses to change course, had with a very unpopular war. The increase troop levels is a mistake. this Congress will be forced to act. same problem with people trying to re- Sending more troops will not reduce We will no longer allow him to send direct the Commander in Chief; the the violence. Indeed, in the past 2 underequipped and underprepared units same problem, if they had been suc- years, we have had three surges to Iraq, into combat. We will demand appro- cessful, we would not have had the only to see dramatic increases in vio- priate accounting standards and no freedom of the people in this country. lence. Why would we think a fourth longer allow billions of taxpayer dol- What I say today is for my daughters, surge will be different? lars to disappear unaccounted for into my Joanie, my Dawn; my grandkids, Mr. Speaker, 21,000 troop is far less the rabbit hole of Iraq. And we must Wyatt, Guy, James Duffy, Katie, Jes- than a half measure of what is truly not let our National Guard continue to sie, Don, Niky, Dougy and Don, Eric needed to secure Iraq, but the unfortu- be decimated by repeated and extended and all the rest of them I missed and I nate reality is that we no longer have activation. apologize, because what we are about the troops available to do the job prop- I recently met a young man from my to do tomorrow in voting for this reso- erly. Indeed, the Army’s strategic re- district who has been accepted at West lution is beginning a slippery slope serve is used up. They told us so. We Point and who will soon serve as a fu- down the slide of not being able to pro- are now less able to respond in other ture leader in the United States Army. vide the freedom and the position in trouble spots around the globe because I want to ensure that when he grad- this world this country has done for of this failed policy. uates from West Point and accepts his the last 90 years, beginning in 1916, Why are we not matching our mili- commission, the Army he joins will not 1917, in World War I, which my father tary surge with a diplomatic surge? be decimated by the mistakes in Iraq. fought in; in World War II, where five Why are we not engaging every nation I also want to talk about the vet- of my cousins were shot numerous in the region to end this civil war? erans of this war and the unique chal- times for freedom of the people and A superpower at war uses all means lenges they will face. I am proud and freedom of this country; and, yes, the at its disposal to win, including diplo- honored to be on the Veterans’ Affairs Korean War, the time in which I was macy. Diplomacy is the only way for us Committee. I am proud that one of my drafted. to succeed now, and I urge the adminis- first votes in Congress was to provide Fortunately or unfortunately, I did tration to launch a diplomatic offen- an increase in VA health care funding. not serve, but my colleagues did. Each sive in the region.

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE H1718 CONGRESSIONAL RECORD — HOUSE February 15, 2007 Our enemies are encouraged and have the potential of being demor- our enemies. And what could be better emboldened by the successes that they alizing and possibly even destructive. news for our enemies than that Amer- have enjoyed already. We do not need Make no mistake that the resolution ica is divided, an America that does to send 21,000 troops additional to rein- we are debating today does not have not have the will to succeed. force this. Instead, we should be chang- the force of law behind it. So for those On this topic, let’s look to the man ing our focus. Rather than sending of you who are watching at home, let who knows the enemy in Iraq better more American troops into combat, we us be clear. At a time when the Presi- than anyone, General David Petraeus. should be training Iraqis to handle the dent recognizes that the situation in You remember General Petraeus; he job for themselves. For every Iraqi bat- Iraq is unacceptable and it is clear that just received an overwhelming vote of talion we train, we need to bring an we need to change our strategy, this confidence when he was unanimously American battalion home. resolution will not stop the deploy- confirmed by the United States Senate My district in northeastern and cen- ment of a single soldier or marine to to command our forces in Iraq. At his tral Pennsylvania has many of its Iraq, nor will it bring a single soldier confirmation hearing, General bravest men and women in harm’s way. or marine home to their families or Petraeus was asked if a congressional I am very proud of them, so are their loved ones. resolution disapproving the deploy- families and their communities. Our More importantly, this resolution ment of additional troops would en- district, sadly, has lost 22 men in this does not offer any alternative strategy. courage the enemy. His response was war, brave troops who paid the ulti- Nothing. Zip. It is silent with regard to direct and unequivocal. ‘‘That is cor- mate sacrifice for their country. I rise our country’s ongoing efforts in fight- rect, sir.’’ today to honor them and also to stand ing the global war on terror. Instead, it Let me say that again. General up for the troops currently in combat. is simply and unfortunately a method Petraeus, our commander in the The stories I hear from soldiers who by which the House Democratic major- ground on Iraq, believes that a resolu- return home leave me concerned that ity is seeking to send a message to the tion disapproving the deployment of the administration has not done President of the United States. additional troops, which is what we are enough to protect them. One of my own But let us not kid ourselves. The debating today, will encourage our former students, a member of a Penn- words spoken in this Chamber this enemy. sylvania National Guard unit, told me week will travel much farther than the He went on to say that this is a test how his unit had to scrounge through distance between this building, the of wills, and at the end of the day a Iraqi junkyards for scrap metal to weld Capitol, and where the President lives, commander in such an endeavor would on to their trucks for more protection. the White House. In reality, these obviously like the enemy to feel that Junkyards? Scrap metal? Where is words will travel far beyond our shores, there is no hope. But instead of saying the outrage that this administration across the globe to the 140,000 men and there is no hope to the enemy, we are has not given the troops the protection women who are currently deployed in saying there is no hope to the Amer- that they need? Where is the outrage Iraq and engaged in but one part, ad- ican soldier and the American people. that our fine men and women, whose mittedly an important part, of the Let’s not forget that our words as job it is to protect our Nation, are global war on terror and the Islamic well as our actions do have con- scrounging through foreign junkyards militant extremists we are fighting. sequences. Vote ‘‘no’’ on this resolu- for that protection? I know we have heard Democrat after tion. The troops have won the war, but the Democrat and a few Republicans, to be Mr. REYES. Mr. Speaker, it is now administration has failed to secure the fair, come to this floor and say, we sup- my privilege to yield 5 minutes to the peace. We must now pursue policies port our troops and we support this res- gentleman from Florida (Mr. KLEIN). worthy of our troops and their sac- olution; but with all due respect, I find Mr. KLEIN of Florida. Mr. Speaker, I rifices. it totally inconsistent to say you sup- stand here today in support of House Mr. Speaker, I came to Congress to port our troops and at the same time Concurrent Resolution 63 which op- serve and protect my country. That is you support this resolution. poses the President’s decision to deploy why I rise in support of this resolution. How can we really expect our soldiers 21,000 additional U.S. combat troops to In the Navy, when we run a ship to have the will to succeed when this Iraq. aground, we change the course. It is body as a whole does not have the re- I am also here to specifically honor now time to change the course in Iraq, solve to stand by them and their mis- the Broward County Veterans Council, not needlessly send more American sion? Do we think our troops do not lis- who recently adopted a resolution con- troops in harm’s way. ten to what is being said here in Wash- cerning the war in Iraq. The Broward Mr. SAXTON. Mr. Speaker, I yield 5 ington and around the country? During County Veterans Council represents a minutes to the gentleman from Mobile, my visits to Iraq, I found just the oppo- host of veterans groups throughout Alabama (Mr. BONNER). site to be the case. Broward County, Florida, including the Mr. BONNER. Mr. Speaker, as my So while the underlying message of Broward chapters of the American Le- colleagues and certainly the people this resolution is intended for the gion, AMVETS, Disabled American from my home in south Alabama know, President, it is only logical to ask who Veterans, Fleet Reserve, Gold Star I do not often come to this floor, either else might be listening. What about the Mothers, Italian American Veterans, to hear my own voice or to offer some families of these soldiers who are anx- Jewish War Veterans, Marine Corps prophetic words of wisdom on whatever iously awaiting their safe return home. League, Navy League Council, The the topic of the day happens to be. Make no mistake, they will hear this Order of the Purple Heart, The Para- My father often taught me that you message loud and clear. lyzed Veterans Association, Reserved learn a lot more from listening than And then there is the very real Officers Association, Retired Officers you do from talking. So in many ways, chance that the families of the thou- Association, Veterans of Foreign Wars, that is what I have been doing the past sands of Alabama National Guard Vietnam Veterans of America, and few days, listening to my colleagues members who have been deployed to World War I Barracks. and thinking about the consequences of Iraq and Afghanistan, as well as the The Broward County Veterans Coun- the words that we are debating. families of all active and Reserve cil led by its Chairman, Bill Kling, After a lot of listening to a lot of forces, will read the glaring subtext of adopted this resolution unanimously words, however, I find myself com- this resolution and hear the people’s on January 16, 2007. And the spirit of pelled to come and say in the most di- House signaling that we will not be this resolution is as follows: rect way I know that I am opposed to able to prevail in Iraq, the cause is Whereas, the President of the United this nonbinding resolution. Let me say lost, and their loved one’s sacrifice is States has put forth a plan to the that again for that is, after all, what for naught. American people and to Congress which we are talking about. This is a non- calls for an escalation of 20,000 or more binding resolution. It is nothing more b 1645 of our troops going to Iraq to combat than a few words on a piece of paper, Unfortunately, the words of this res- the insurrection in Baghdad and the and yet they are powerful words that olution will also travel to the ears of Anbar province; and

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE February 15, 2007 CONGRESSIONAL RECORD — HOUSE H1719 Whereas, the majority in Congress selves in the precarious position of pose President Bush’s plan to send more has put forth several plans that do not dealing with real threats like Iran, troops to Iraq. include an escalation of combat troops; while at the same time protecting our Traveling through my district, people in and allies like Israel and some other Middle south Florida are demanding that Congress Whereas, the American people have Eastern friends. ask the tough questions concerning our policy made it clear they want a new direc- For these reasons, I am advocating in Iraq. tion in Iraq and Afghanistan; and for a plan, as others are, devised by our Well, we have asked those tough questions Whereas, the administration’s at- military experts that supports a phased and I, along with many of my fellow Members tempts to escalate the war previously withdrawal of our troops. But while our of Congress, both Democrats and Repub- by sending additional troops to Iraq brave men and women in uniform are licans, have come to the same conclusion: have unfortunately failed to stop the serving, it is critical that we provide The President’s plan to increase troops in Iraq bloodshed between the Sunnis and the them nothing less than the best protec- is wrong. Shia; tion and support. We have more than a This administration has based this plan in Therefore, the Broward County Vet- responsibility to support our troops; we part on the readiness of the Iraq security erans Council believes that the best have a solemn obligation, and that ob- forces to stand up and take control. I have plan is to bring troops home in a ligation extends to asking the tough heard nothing from our military experts that phased redeployment so that we may questions and getting our policy right. would indicate that the Iraqi troops are any- get them out of harm’s way. In honor of the Broward County Vet- where near prepared to bring order to this Veterans groups, along with families erans Council and the veterans living troubled country. across my district, are very concerned in Palm Beach County, in recognition GEN Colin Powell recently told the Associ- about the direction this war has taken of their heroism and commitment to ated Press: ‘‘I am not persuaded that another and are demanding a change in strat- our country, I support this resolution surge of troops in Baghdad for the purposes egy. Mr. Speaker, I stand here today in support of suppressing this communitarian violence, To President Bush their message is of H.R. 63, which opposes the President’s de- this civil war, will work.’’ loud and clear: This war has been mis- cision to deploy 21,000 additional U.S. combat And four-star GEN Barry McCaffrey called managed, the strategies for success troops to Iraq. the President’s surge plan last month ‘‘a fools have failed; our national and personal I am also here today to specifically honor errand.’’ security interests, most importantly, the Broward County Veterans Council, who re- These are the experts we should be listen- are not being enhanced and in fact may cently adopted a resolution concerning the war ing to. be undermined. And, therefore, they in Iraq. Mr. Speaker, I ask you—as a civil war in overwhelmingly oppose President The Broward County Veterans Council rep- Iraq spirals out of control, as Iraqi security Bush’s plan to send more troops to resents a host of veteran groups throughout forces continue to be ill-prepared and as we Iraq. Broward County, FL, including the Broward continue to alienate our allies across the Traveling through my district, peo- chapters of the American Legion, Am Vets, world—What warrants this administration to ple in South Florida are demanding the Disabled American Veterans, the Fleet Re- continue on the same path in Iraq and add that Congress ask the tough questions serve, the Gold Star Mothers, the Italian more troops? concerning our policy in Iraq. Well, we American Veterans, the Jewish War Veterans, So far, nothing have asked these tough questions, and the Marine Corps League, the Navy League We have no business sending over 21,000 I along with many of my fellow Mem- Council, the Order of the Purple Heart, the additional troops into the middle of a growing bers of this House, both Democrats and Paralyzed Veterans Association, the Reserve civil war. Republicans, have come to the same Officers Association, the Retired Officers As- We have no business sending over 21,000 conclusion: The President’s plan to in- sociation, the Veterans of Foreign Wars, the additional troops to Iraq when as it is, our mili- crease troops is wrong. Vietnam Veterans of America, and the World tary is already stretched too thin. The administration has based this War I Barracks. And because our military is already dan- plan in part on the readiness of the The Broward County Veterans Council, led gerously pushed to the limit, we have put our- Iraqi Security Forces to stand up and by its chairman, Bill Kling, adopted this resolu- selves in a precarious position dealing with take control. I have heard nothing tion unanimously on January 16, 2007. real threats like Iran, while at the same time, from our military experts that would The spirit of their resolution is as follows: protecting our allies like Israel and other Mid- indicate that the Iraqi troops are any- Whereas the President of the United States dle East countries. where near prepared to bring order to has put forth a plan to the American people For these reasons, I am advocating for a this troubled country. and to Congress which calls for an escalation plan, devised by our military experts, that sup- General Colin Powell recently told of 20,000 or more of our troops going out to ports a phased withdrawl of our troops. the associated press, and I quote, ‘‘I am Iraq to combat the insurrection in Baghdad But while our brave men and women in uni- not persuaded that another surge of and the Anbar province; and form are serving, it is critical that we provide Whereas, the majority in Congress has put troops in Baghdad, for the purposes of forth several plans that do not include esca- them nothing less than the best protection and suppressing this violence, this civil lation of combat troops; and support. We have more than a responsibility to war, will work.’’ Whereas, the American people have made support our troops—we have a solemn obliga- And four-star General Barry McCaf- it clear they want a new direction in Iraq tion. And that obligation extends to asking the frey called the President’s surge plan and Afghanistan; and tough questions and getting our policy right. last month, ‘‘a fool’s errand.’’ Whereas, the administration’s multiple at- In honor of the Broward County Veterans These are some of the experts we tempts to escalate the war by sending addi- Council and the veterans living in Palm Beach should be listening to. tional troops to Iraq have unfortunately, County, in recognition of their heroism and failed to stop the bloodshed between the Mr. Speaker, I ask you, as the civil Sunnis and the Shiites. commitment to our country, I support this res- war in Iraq spirals out of control, as Therefore, the Broward County Veterans olution. Iraqi Security Forces continue to be Council believes that the best plan is to Mr. SAXTON. Mr. Speaker, at this ill-prepared, and as we continue to al- bring our troops home, in a phased redeploy- time I yield 5 minutes to the gen- ienate our allies around the world, ment, so that we may get them out of harm’s tleman from Jacksonville, Florida (Mr. what warrants this administration to way. CRENSHAW). continue on the same path in Iraq and Veterans groups, along with families across Mr. CRENSHAW. I thank the gen- add more troops? So far, nothing. my district, are very concerned about the di- tleman for the time, and I rise today in We have no business sending over rection this war has taken and are demanding strong opposition to this resolution 21,000 additional troops in the middle of a change in strategy. which says Congress disapproves of a a growing civil war. We have no busi- To President Bush, their message is loud war plan. ness sending over 21,000 additional and clear: This war has been mismanaged, There are a lot of reasons to dis- troops when, as it is, our military is al- and the strategies for success have failed; our approve of this resolution, one of which ready stretched too thin. And because national and personal security interests are is I believe that war should not be our military is already dangerously not being enhanced and in fact, may be un- waged from the floor of this House. pushed to the limit, we have put our- dermined. Therefore, they overwhelmingly op- That is why we have one Commander

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE H1720 CONGRESSIONAL RECORD — HOUSE February 15, 2007 in Chief, that is why we have military valued member of the Armed Services North Korea, from a belligerent Iran, leaders on the ground. They are in Committee, the gentlewoman from and from the al Qaeda terrorists who charge of conducting the war. And they Kansas (Mrs. BOYDA). considered September 11 as only the have said we have made a mistake and Mrs. BOYDA of Kansas. Mr. Speaker, first act in their sinister play. In these we need a new direction, we need a new I rise today to discuss the most critical dangerous times we are not safer if we plan. And they have proposed that issue this Congress, indeed our Nation, devote so many of our resources to a plan, and it is broad and it is com- is facing. The U.S. military is the best civil war in Iraq. And I as a mother, I prehensive. It involves political consid- fighting force in the world, and it is vi- cannot support this escalation. It is erations, it involves economic situa- tally important that we keep it that withdrawing precious resources from a tions, diplomatic considerations, and, way. I am concerned that the Presi- fighting force that is already stretched yes, it entails additional troops to go dent’s planned escalation is too little, too thin. to Iraq. Yes, additional troops. too late, and it will further deplete our America’s strategic readiness is not a But it is a plan. And you can be skep- military’s readiness. political question; it is a question of tical and you can say it may be too lit- My life changed in the late spring of national security, and it is a critical tle, it may be too late. Maybe it is a 2002 when my husband Steve casually question about the safety of all our good plan but it won’t be executed said he thought we would be at war families. properly. But it is going to give us with Iraq by Christmas. And I said cer- The U.S. military is the best fighting hope and it is going to give the Iraqi tainly that wouldn’t be the case; the force in the world, and it is vitally im- people hope. And, if anything, we ought terrorists were from Afghanistan and portant that we keep it that way. to be here today trying to make that Saudi Arabia. Certainly we will con- Mr. Speaker, as a mother, step- plan better, not debating a resolution tinue to hunt down Osama bin Laden mother, wife, citizen, and, yes, as a that is nonbinding, that is symbolic, and bring him to justice. We wouldn’t U.S. Congresswoman, I cannot support that means nothing, that says nothing, take resources away from fighting the further escalation of the war in Iraq. that does nothing. In fact, it has no terrorists in Afghanistan. But that Mr. SAXTON. Mr. Speaker, I just useful purpose whatsoever, unless isn’t what happened. wanted to note that one of the previous maybe it is to undermine the President That fall, every time I heard that we speakers talked about veterans who or perhaps to demoralize our troops by were going to be greeted as liberators support this resolution. As a matter of saying to them, ‘‘We have a new misin Iraq, I cringed. We were going into fact, yesterday I was able to announce sion for you to undertake. Go to Iraq the most unstable part of the world, a that the national commander of the and try to execute this mission. But, region that has been at war for cen- VFW said that he opposed this resolu- by the way, the United States Congress turies, and we were going in with dan- doesn’t believe in the mission, and we tion or had grave concerns about it, gerously naive plans. We were going think it is doomed to failure.’’ You tell and I have just been notified that the after a hornet’s nest with a baseball me that that is not going to have a national commander of the American bat. negative impact on our American sol- Legion, Paul A. Moran, announced As the mother of two and stepmother strong support for the President’s new diers. of five, I felt my family’s very safety Now, I know there are people in this initiative, which includes deploying was being threatened by this diversion Chamber that think the plan is doomed 21,500 troops. And, in so doing, he said of resources. Like a mother bear who from the very beginning. You don’t these words: think it will work. And if that is your senses, no, who knows that her cubs We will not separate the war from the war- belief, you ought to do more than in- are being threatened, I could not re- rior. Debating the new strategy is an Amer- troduce a symbolic resolution and then main silent. ican way, but let this be a warning that pre- Diverting resources from Afghani- cipitous action by the Congress could lower stand here and pound the podium and stan and invading Iraq may be one of troop morale and hinder the mission. hem and haw and make speeches and leap in front of the television cameras. the most dangerous decisions this Mr. Speaker, at this time I yield 5 You ought to do something that really country has ever made. Our Nation’s minutes to the gentleman from Bloom- means something. You ought to pro- civilian leadership took their eye off field Township, Michigan (Mr. pose a resolution that says we believe the ball. Instead of securing more re- KNOLLENBERG). sources to hunt down Osama bin it was doomed from the very beginning b 1700 Laden, instead of engaging in diplo- and we are going to do everything we Mr. KNOLLENBERG. I thank the possibly can to stop this plan. That is macy, they put resources into what has gentleman for yielding. what you should do. become a civil war and have depleted Mr. Speaker, I want to make a state- And if you don’t think the plan is our Nation’s strategic readiness. going to work, if you think it is Please, please understand me. Our ment that mistakes have been made in doomed to failure, and you don’t have military has not failed. What has failed Iraq. The status quo is not acceptable. a viable alternative strategy and you is our civilian leadership. Our military We need to chart a new course. But we don’t want to find a viable alternative and their families have repeatedly also need to acknowledge that some strategy for winning, then you ought stepped up and done what our Nation positive things have happened in Iraq, to go even further and you ought to has asked of them. And now, Mr. thanks to the courage and dedication stand up and say, ‘‘We admit defeat. It Speaker, President Bush proposes to of our troops. These accomplishments didn’t work. We are not going to fund send more than 20,000 more troops to often get just lost in all the politics the war altogether anymore. We are this civil war. He asks us to trust him that surround this debate. going to withdraw.’’ with our soldiers’ lives, even after Toppling one of the most brutal dic- I will tell you one thing, the plan is trust has been broken time and time tators in history was a good thing. Sad- there. It may not be perfect and, quite again. dam Hussein’s regime was responsible frankly, it may not work. I have got Not only is the goal of this escalation for the senseless murder of thousands reservations myself. But it is there, unclear, but its effect would be to redi- of innocent Iraqi citizens. Under his and every American, Democrats and rect precious military resources in- rule, most Iraqis lived in fear of the Republicans alike, ought to hope that stead of preparing for potential future day Hussein or one of his cronies would this plan succeeds because it may very conflicts. In a recent hearing of the come for their mother, their father, well be our last best chance to prevent House Armed Services Committee, I their sister or brother. a catastrophic failure in Iraq. And if asked General Peter Pace whether he Hussein was also a direct threat to that happens, the disastrous effect was satisfied with the readiness levels our friend and ally, Israel. He was a won’t just be felt in Iraq, won’t just be of our troops. His response? ‘‘No, menace, and it is good that he is gone. felt by the people of the Middle East, ma’am, I’m not.’’ General Peter Furthermore, turning Iraq’s sov- but quite possibly will be felt by all Schoomaker and General Steven Blum ereignty over to the Iraqis and pro- Americans alike. have echoed his concerns. viding assistance as they forged a Mr. REYES. Mr. Speaker, it is now America lives in an unstable world; democratically elected government is a my pleasure to yield 5 minutes to a we face threats from a nuclear-armed big deal. Fostering democracy in the

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE February 15, 2007 CONGRESSIONAL RECORD — HOUSE H1721 heart of the Middle East was important much, over 3,000 of them who have other. His budget reduces spending for and was also a very historic moment. made the ultimate sacrifice, to steer VA over the next 3 years. As we debate the current strategy in our country on a course that will bring Our troops are not the only ones suf- Iraq, let us not forget that our soldiers our troops home safely, take care of fering from the policies of this admin- have provided a tremendous oppor- them and their families when they re- istration. All Americans who now op- tunity to the Iraqi people. They have turn and end this war. pose the war 2–1 are impacted by the provided an opportunity for them to Despite 4 years and deadly losses, ac- massive cuts in or complete elimi- grab the benefits of freedom. Now it is cording to Foreign Policy Magazine’s nation of important social, health, edu- up to the Iraqis to seize it. recent survey of over 100 top national cation and environmental programs. Before us today, we have a non- security experts, 86 percent say the The cost of this war keeps going up, binding resolution that doesn’t even world is more dangerous for the U.S., adding to our national debt. The inter- mention the accomplishments I just and, most troubling, 87 percent believe est on our debt alone is more than we spoke of. We can all agree that the war that the war in Iraq has had a negative devote to the education of our children, has taken a wrong turn, but instead of impact on the war on terror. Other sur- care of our veterans, and for the ad- debating nonbinding resolutions that veys have reached similar conclusions. ministration of justice combined. This have no bearing on whether additional Yet the President now wants another body must go on record in united and troops go to Iraq, we should work to- $235 billion for Iraq and Afghanistan to solid opposition to the escalation of gether to find a solution that results in add to the $427 billion for the war al- the war and in complete support of our our soldiers coming home in victory, ready approved. In this debate, we soldiers and veterans. We must be reso- not defeat. should listen in particular to the words lute in our efforts to bring an end to Mr. Speaker, I have offered my condi- of Americans who actually served in this quagmire. tional support for the President’s plan the war. I am honored to serve in this As Speaker PELOSI said, ‘‘Friday’s for additional troops in Iraq. My sup- Congress with new Members JOE vote will signal whether the House has port is conditional, not carte blanche. I SESTAK of Pennsylvania, TIM WALZ of heard the American people. No more want to see the benchmarks met and Minnesota, and PATRICK MURPHY, also blank checks for President Bush on progress made within the next 90 to 120 of Pennsylvania, all veterans of the Iraq.’ days. It is time for the Iraqis to step up Iraq war. Their eloquent and strong Mr. SAXTON. Mr. Speaker, I yield 5 to the plate and assume responsibility voices of firsthand experience add im- minutes at this time to the gentleman for the security of their nation. measurably to this debate. from Ohio (Mr. REGULA). If the Iraqis do not step up to this There are also people like Captain (Mr. REGULA asked and was given challenge in the coming months, then Lisa Blackman, a clinical psychologist permission to revise and extend his re- it will be time to reevaluate. The reso- who cared for soldiers in Qatar. As we marks.) lution before us doesn’t even speak to become increasingly aware of the thou- Mr. REGULA. I thank the gentleman these issues. It does nothing in the way sands of soldiers to emerge from fire- for yielding. of bringing out or bringing our troops fights or attacks physically unscathed Mr. Speaker, like many Americans I home quickly and in victory. It is just but with substantial emotional dam- am frustrated and dissatisfied with the pure politics. I encourage my colleagues on both age, Captain Blackman’s experience in situation in Iraq. I did not take my sides of the aisle to work together with regularly tending to these soldiers pro- vote lightly when Congress authorized the President to ensure a quick return vides further troubling insights into the President to use force. Every day I of our troops. We all know that Con- this devastating war. think about the patriotism and sac- In a message chronicled in the book gress is not going to cut funding for rifice of our brave men and women who Operation Homecoming, Dr. Blackburn President Bush’s new Iraq plan. If we are serving courageously in harm’s know this to be true, why are we wast- wrote of how her patients responded to way. ing our time on nonbinding resolutions questions she asked them about their Mistakes and the complexity of that lead us nowhere? symptoms. She didn’t get the expected events along the way have led us to the Let’s put our troops first. Let’s end reactions. They were unexpressive. But place we are today. Sectarian violence the political gamesmanship, and let’s when she asked them, ‘‘Have you ever has increased, and Iraq is mired in a work together to find a solution in been in combat?’’ they became unglued civil war, making it difficult for the Iraq. That is what the American people and burst into tears. new government to take hold. want, and that is what our soldiers and As she described it, ‘‘[W]hen I say While our role in this conflict has be- their families deserve. burst, I mean splatter, tears running come a divisive issue, there is no deny- Mr. REYES. Mr. Speaker, it is my . . . sobbing for minutes on end, unable ing the significant consequences Iraq’s privilege now to yield 5 minutes to the to speak, flat-out grief . . . ’’ She ob- future will have for national and inter- gentlelady from Hawaii (Ms. HIRONO). served, ‘‘No one ever feels like they are national security and stability. Ms. HIRONO. Mr. Speaker, I rise to doing enough. If you are in a safe loca- So I must ask, how do we move for- speak in support of this resolution. The tion, you feel guilty that your friends ward in a way that honors the commit- Iraq war has lasted longer than U.S. in- are getting shot at and you aren’t. If ment and tremendous sacrifices our volvement in World War II and has cost you are getting shot at, you feel guilty Nation and its troops have made? We the Nation hundreds of billions of dol- if your buddy gets hit and you don’t. If can do so neither by cutting off funding lars. We have lost over 3,000 of our fin- you get shot at but don’t die, you feel for the troops nor by providing the est men and women. Thousands more guilty that you lived, and more guilty President with a blank check. have been maimed and too many lives if you get to go home and your friends Instead of political posturing, we have been shattered. have to stay behind. I have not seen must insist on a surge in diplomacy. I As Foreign Affairs Committee Chair- one person out here who didn’t [check believe we need to follow closely the man TOM LANTOS said, this ‘‘resolution off] ‘increased guilt’ on our intake recommendations made by the bipar- will establish the first marker,’’ the form.’’ tisan Iraq Study Group to bring about first step toward ending this night- Indeed, every soldier who saw combat the best possible outcome. The Iraq mare. or the results of combat has likely suf- Study Group report states, and I quote: The war in Iraq is the moral issue of fered hidden but disturbing psycho- The United States should imme- the day, and like all great moral logical harm to some extent. In spite of diately launch a new diplomatic offen- issues, there are heartfelt disagree- this, the Veterans Administration has sive to build an international con- ments on both sides of the aisle. But been deprived of the critical funds nec- sensus for stability in Iraq and the re- every second, minute, and hour that essary for the rehabilitation of these gion. passes, lives are being lost in Iraq and brave troops. The President, who con- This diplomatic effort should include devastation continues with no end in tinues to send more and more troops every country that has an interest in sight. into the war on the one hand, has avoiding a chaotic Iraq, including all of We owe it to all the brave men and sought to reduce spending for medical Iraq’s neighbors. Given the ability of women who have already sacrificed so services for these same troops on the Iran and Syria to influence events

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE H1722 CONGRESSIONAL RECORD — HOUSE February 15, 2007 within Iraq, the United States should Army, the gentleman from Minnesota accountability, there is a strong likeli- try to engage them constructively. (Mr. WALZ). hood we would be in much better shape By doing so, it would help Mr. WALZ of Minnesota. Thank you today. Even as foreign policy experts, marginalize extremists and terrorists, to my colleague military experts, the Congress and the promote U.S. values and interests, and Mr. Speaker, no debate in this House American public show an over- improve America’s global image. is longer overdue. This debate has been whelming desire to change course and States included within the diplomatic going on for nearly 4 years in houses, oppose this escalation, this administra- offensives can play a major role in rein grocery stores, in workplaces, in tion ignores all evidence and stumbles inforcing national reconciliation ef- houses of worship all across America. on. This debate marks the new begin- forts between Iraq, Iraqi Sunnis and No greater responsibility rests with us, ning of this Congress’s acceptance of Shia. Such reinforcement would con- the people’s Representatives, than de- our duty to provide the oversight and tribute substantially to legitimatizing bating the decisions involved in waging bring about policy changes based in re- of the political process in Iraq. a war. The decision to send our brave ality and facts and long-range security Iraq’s leaders may not be able to men and women into combat is not the needs of this Nation. come together unless they receive the end of our responsibility, it is the be- I have taken two oaths in my life. necessary signals and support from ginning. This body has a sacred duty to The first one was as a young man of 17 abroad. This backing will not mate- protect this Nation, our citizens, and when I swore my allegiance to the rialize of its own accord, and it must be especially those we send into combat in Armed Forces of this country. The sec- encouraged urgently by the United our name. ond was a month ago when I became a States. We should make it clear to the Constant vigilance, questioning, and United States Congressman. In both Iraqi leadership that the additional adjustments to courses of action are cases I solemnly swore my allegiance troops are solely for the purpose of our number one priority, and this to protect and defend the U.S. Con- achieving stability, and that this de- newly elected Congress intends to do stitution. ployment is a precursor to our leading just that. I swore alliance to no man. I swore the future of this Nation to the Iraqi no alliance to a political ideology. I b 1715 people. And I would emphasize this is swore only to uphold the laws of this the important process. Some have said that this debate great land and protect with my life, if Troop increases alone will not solve sends a message to our enemies. I necessary, the liberties and freedoms the fundamental cause of violence in would agree. The message our enemies we so dearly cherish. This debate today Iraq if its government is not com- are hearing this week is that democ- is exactly about that oath. mitted to a national reconciliation racy in America is alive and well. The Previous Congresses gave this Presi- process. message that our enemy is hearing this dent the authority to conduct this war However, as we lead a surge in diplo- week is that this Nation will not live in Iraq, which is right, but not the au- macy, and the Iraqi Government accel- in fear of its own shadow and blindly thority to disregard the expert advice, erates its efforts at national reconcili- give away those precious liberties that not the authority to take civil liberties ation, the Iraq Study Group report make this the greatest Nation the from American citizens, and not the makes clear, and I quote, ‘‘The United world has ever known. authority to disregard our constitu- States should significantly increase The message our enemy is hearing tional right in this body as a coequal the number of U.S. military personnel, this week is this Nation is able and branch of government. including combat troops, embedded in willing to adjust our tactics to focus on I, like all Americans, wish nothing and supporting Iraqi Army units. As the true threats to our security, which more than this President had made these actions proceed, we could begin come from al Qaeda, and the Taliban in good decisions and that the situation to move combat forces out of Iraq.’’ Afghanistan, and by securing our ports in Iraq were better. Unfortunately, Denying additional troops, as re- and borders. wishful thinking does not make good quested by our military leadership, The message they are hearing is that foreign policy. But, fortunately, the ge- could put our troops that are there at this Nation is no longer willing to wage nius of the Founders of this Nation are greater risk and delay their return to a war based on political ideology and on display right now. This Congress, by their loved ones. I hear from my con- failed policy. We will wage it on facts taking this first step of oversight and stituents who want our troops home and reality. Many of my colleagues accountability, and passing this resolu- immediately and from those who want have spoken of the need to support our tion, will begin to right the ship of us to remain there so we don’t have to troops. You will get no debate from me state and take this country on a path fight the terrorists on our own soil. nor any other American. By implying that will lead to greater security and What I do know is that the chal- that some do not support the troops begin to return our brave men and lenges in Iraq are complex, and the based on nothing more than political women back to their families. consequences of immediate withdrawal posturing is cynical and divisive. A few short months ago, I was teach- would be devastating. The Iraq Study For more than two decades, I served ing high school. Call me optimistic and Group report goes on to say ‘‘The glob- with soldiers, airmen, marines, and not naive, but I do not see where casting a al standing of the United States could once did I ever see these brave men and vote in this sacred room is anything be diminished.’’ Our Nation has sac- women as anything other than patri- but binding. Call me naive again when rificed far too much to allow our credi- ots. I never saw them as a Democrat, a I hear this is nothing but words on bility and values to be weakened. Republican, an Independent or a Liber- paper. How does that differ from the I cannot, in good faith, support this tarian; nor did they see me as anything U.S. Constitution? nonbinding resolution. We also support but a fellow soldier. Yesterday, I had the opportunity to the troops, and we all want to bring the The issue that we are debating this visit with two soldiers from my old troops home as quickly as possible. week is the execution of this war and unit, the proud 34th Red Bull Division. Let us instead urge the President to the failure of this administration to Those two young men are out at Wal- increase diplomatic efforts and to fol- provide a realistic plan for success. ter Reed Army Hospital. Both John and low the recommendations made by the From the start of this war up to this Tony are being fitted with their pros- bipartisan Iraq Study Group to work recent plan to send more Americans thetic limbs for the other ones they on many fronts to solve the challenges into Baghdad, this administration has left behind in Iraq. in Iraq. miscalculated, poorly planned, shifted We spoke of everything from how Mr. REYES. Mr. Speaker, as an blame and failed to couple our military they were injured, to football, to how Army veteran myself, I know that the policies with diplomatic, economic and to get ready to ski again. I do not backbone of our Army is its non- long-range strategic planning that know and I do not care about their po- commissioned officers. Now it is my would have given the soldiers a chance litical ideology. I only care that this privilege to yield 5 minutes to a former to succeed. Nation honors its commitment by pro- noncommissioned officer who retired Had the previous Congress done its viding everything possible to these after over 2 decades of service in the constitutional duty of oversight and brave Americans. Today is the day that

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE February 15, 2007 CONGRESSIONAL RECORD — HOUSE H1723 I tell Tony and John, we will always of my colleagues and analyze those I believe they are selling this institu- support you. We will provide true secu- messages as they come off the terrorist tion short. We are displaying for the rity to this Nation boards after this vote is taken. This world what a government of the people, Mr. SAXTON. Mr. Speaker, I yield 4 resolution, if it passes tomorrow, and by the people and for the people truly minutes to the gentleman from Cali- it probably will, will be taken as the looks like. What we are doing here this fornia (Mr. HUNTER), former chairman first note of retreat in the war against week speaks far more clearly and loud- of the Armed Services Committee, now terror. ly than our bullets and our rockets and the ranking member of the Armed Any attempt by the Democrat leader- even our dollars. When the United Services Committee. ship to cut off supplies or reinforce- States Government so clearly and dra- Mr. HUNTER. I thank the gentleman ment by management policies in DOD, matically reflects the will of its citi- for yielding. personnel policies, will be interpreted zens, we may not shock the world, but I just want to say to my colleague as the second note of retreat in the war we make it watch in awe. who just spoke that I saw also two against terror, and I for one will oppose James Madison wrote that the role of young men in Walter Reed a couple of them very strongly Congress is to expand and refine the days ago, and I would recommend that Mr. REYES. Mr. Speaker, let me republic view. He accurately perceived he talk with them also if he thinks assure my friend I have heard nothing that on most issues Americans assume that everybody that is over there sup- at all about the statement he just that their representatives will consider ports this resolution. made. Those are the kinds of state- their opinions and work out the de- I would also say to my friend that if ments, frankly, that confuse people. tails. In the present situation, I believe you think that the message that is Mr. Speaker, I yield 5 minutes to the the American people are shouting at us going to go across thousands of Web gentleman from Kentucky (Mr. that it is time to get our men and sites and communications the day after YARMUTH). women out of harm’s way in Iraq. this vote is taken on terrorist Web Mr. YARMUTH. Mr. Speaker, 4 years I will cast my vote not simply to op- sites is, our message is that democracy ago I was just like most other Ameri- pose the President’s escalation, but as is alive and well in the United States, cans, trying to evaluate the President’s a statement that this Congress will no I am willing to take a bet on that. I do plan to invade Iraq. Unlike most Amer- longer abdicate its responsibility to ex- not think you will see that. I think you icans, I was writing a newspaper col- pand and refine the public view. will see something else. umn and was expected to take a public Mr. Speaker, today I am as confident You will see the message that they position on such a national policy. But about my position as I was 4 years ago. think that this resolution, if it is like most Americans, I was unburdened I am confident because I have listened passed, is the first note of retreat in by the classified and faulty intel- the war against terror by the United to those who oppose this resolution. I ligence provided to Members of Con- States. That is what you will see and I hear only disingenuous rhetoric. The gress. will be happy to take a bet on that one. other side accuses us of trying to Now, Mr. Speaker, I heard just a cou- I concluded and wrote that the micromanage the Iraqi conflict, then ple of hours ago, as many of us have, claims made to justify the American says we should have our own plan. that the Democratic leadership of the invasion of Iraq were baseless, that They say that we are dishonoring our House intends to use management poli- there were no weapons of mass destruc- fallen heroes, but then offer no strat- cies in the Department of Defense over tion, that Iraq posed no immediate egy for honoring them other than to the next year or so to keep either threat to the United States, that Sad- simply send more brave soldiers in troops or supplies from moving to the dam Hussein was not in any way con- their place. They continue to talk battlefield. nected to the 9/11 attacks, and finally about victory and defeat, while vir- Now, using management policies that that Iraq was not a safe harbor for al tually everyone agrees that we could will prohibit people from moving in the Qaeda. never identify or define either. Marines or the United States Army if I also concluded and wrote that we They say this resolution is an empty they haven’t spent enough time back were rushing into Iraq with no idea of political gesture, and then say it is in CONUS before they go, I can say this what we would do after the Iraqi re- tantamount to surrender. What they do to you, that is a very, very dangerous gime fell, and also that we had no plan not give us, and more importantly policy. for getting out. The point of all of this what the President of the United Our ability to project power around reminiscing is not to show that I was States has not given us, are any rea- the world and to deter people who wish so smart, nor is it to say that I told sons to believe that we are succeeding us ill is the ability to move men and you so. in Iraq, that the current plans increase equipment very quickly around the Four years later, as our men and the odds of our success, that we are any world. And any type of an inhibition of women are still dying in Iraq, the closer to eliminating the threat of ter- that capability is going to be ex- American people know everything rorism, or finally that the United tremely dangerous to the United there is to know about the situation States is enhancing its image around States. And I will fight with every fiber there. We know as much if not more the world as the beacon of freedom. of my being any attempt by this Con- than the President of the United We who support this resolution honor gress through management policies by States. And our ideas about the con- and respect our troops. We care deeply the Democratic leadership, through flict are just as valid. about the international reputation of management policies of DOD to keep That is why this resolution is so im- our country. We are unequivocally either reinforcement or supplies from portant and this debate so significant. committed to our Nation’s security, reaching our troops around the world. Tomorrow we will be voting on what and we desperately want America to I will simply say once more, I said may be only a nonbinding resolution, succeed. By supporting this resolution, when we started this debate yesterday, but it is a resounding and unequivocal we undeniably succeed, because we that this resolution will be looked at expression of the National will. This is honor our Nation and its citizens who by America’s friends, by America’s en- not simply a group of Congressmen and have entrusted us with the simple, but emies, and I think also by America’s women explaining their votes. It is the grave, responsibility to listen to them. troops; and I think they will interpret echo of an overwhelming majority of Mr. SAXTON. Mr. Speaker, I yield 5 it, no matter the good faith of people Americans who are demanding a new minutes to the gentleman from Wis- in this Chamber, they will interpret it direction in Iraq. consin (Mr. PETRI). as the first notes of retreat in the war It is the sound of scores of people like Mr. PETRI. Mr. Speaker, I plan to against terror, just as they interpreted me who were sent here by citizens to vote for this resolution, but to surge or actions by the Spanish Government turn the ship of state around. During not to surge, that is the wrong ques- after the domestic strike in Spain and this momentous debate, we have heard tion. Just saying ‘‘no’’ is simple ob- the terrorist hit in Spain and in other from some on the other side of the aisle structionism. What we need is a new countries. that this resolution and the discussion way forward to replace the old way They will look at what we have done, we are having somehow undermine our that is not getting us anywhere. It has and I will be happy to stand with any national interest. become clear that trying to establish a

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE H1724 CONGRESSIONAL RECORD — HOUSE February 15, 2007 multiethnic Iraqi democracy, while tempted to meddle, but at the end of Wasted.’’ He said, ‘‘Since August we laudable, simply cannot be accom- the day, instability in Iraq means in- have witnessed growing opposition to plished by non-Iraqis. stability for everybody in the region. the Iraq war, but it is often whispered, The fact is, Iraq has never been a uni- Let’s set about the task of helping hands covering mouths as if it is too fied country with enough common in- Iraq’s three main groups to regroup dangerous to speak too loudly. Others terest to foster the give and take of de- and stabilize their own territories so discuss the never-ending cycle of death mocracy. During the First World War, that we can withdraw to our bases and in places like Haditha in academic and Britain seized the Mesopotamian re- ultimately get out all together. sometimes clinical fashion, as in ‘the gion from the collapsing Ottoman Em- Mr. REYES. Mr. Speaker, it is now increasing lethality of improvised ex- pire. Iraq was created out of three sep- my privilege to yield 5 minutes to the plosive devices.’’’ arate provinces to keep the Turks out gentlelady from Ohio, Representative Wiping the clinical talk away, Paul while allowing the British access to the Betty Sutton. Schroeder went on to share the painful local oil. Ms. SUTTON. Mr. Speaker, through- reality that he and his family face, a Captain Arnold Wilson, the British out the course of history, when our Na- reality that cannot be understood when civil commissioner in Baghdad, argued tion has faced its most significant de- sanitized by clinical terms. He said, that the creation of the new state was bates over matters of war, there comes ‘‘Listen to the kinds of things that a recipe for disaster. He warned that a time when voices of pundits and poli- most Americans don’t have to experi- the deep differences among the three ticians must drop away and allow the ence: The day Augie’s unit returned main communities, the Sunni, Shia voices of the people to be heard. from Iraq to Camp Lejeune we received and Kurds, ensured the new country Our troops are brave and capable. a book of his notebooks, DVDs and could only be run by what he called the They have fought heroically and this clothes from his locker in Iraq. The antithesis of democratic government. resolution makes it unequivocally day his unit returned home to waiting clear that those of us who feel it in- families, we received the second urn of b 1730 cumbent to oppose the President’s es- ashes. This lad of promise, of easy After a rebellion in 1920, which re- calation nonetheless support our charm and readiness to help, whose sulted in the deaths of some 2,000 Brit- troops. All of us, and all Americans, highest high was saving someone, using ish soldiers and 8,000 Iraqis, the Brit- support our troops. CPR as a First Aid squad volunteer, ish, through the leadership of Sec- But Congress also has an oversight came home in one coffin and two urns. retary of War Winston Churchill, large- responsibility to ensure that they are We buried him in three places that he ly extricated themselves by choosing a provided a mission based on a realistic loved, a fitting irony, I suppose, but Sunni to be king and strongman. assessment and an achievable goal be- just as rough each time.’’ In light of this history, we should se- fore we ask them to risk life and limb Mr. Speaker, the growing opposition riously consider that we have two basic to implement it. to the war in Iraq must not be whis- options: The President has asked Congress to pered, hands covering mouths as if it is First, choose a faction to stabilize support his escalation plan to send an- too dangerous to speak too loudly. Ac- and rule the country through force, other 20,000 troops to Iraq. countability and oversight require much as all of Iraq’s previous regimes This war is now almost 4 years long. more. This resolution rings loud and did, and that is hardly an attractive Congress has not spoken as loudly and clear. We support our troops and we op- option. as clearly as its responsibility requires. pose the President’s plan to escalate in Or, second, bring about a partition of As the Representative of the 13th Dis- Iraq. the country, to form a loose confed- trict of Ohio, I cannot sit silent. I op- Will the President hear our collective voice? If he does not, it will not be be- eration where the Shias, the Sunnis pose the President’s plan for escalation cause we sat silent and the Kurds can each govern them- and I fully support this resolution. Mr. SAXTON. Mr. Speaker, I would selves while leaving the others alone. The President’s own military com- like to yield at this time 5 minutes to Our enterprise in Iraq has been car- manders have advised against this the gentleman from Michigan (Mr. ried out with the best of intentions, course of action, and in November, my EHLERS) and our men and women in the Armed constituents and the American people Mr. EHLERS. Mr. Speaker, I rise, re- Forces have performed with great her- voted for a change of direction in Iraq. luctantly, in opposition to this resolu- oism, skill, and honor. But we have to Escalation is directly contradictory to tion. I say ‘‘reluctantly’’ because I had accept reality. We have a responsi- that call for change. It takes us further hoped to be able to vote in favor of bility to help stabilize the situation, down the wrong path, deeper and deep- something positive, a fresh perspective, and doing so is in our national interest. er, with a policy that asks our military a new idea, a new pathway to success, But I don’t think it is fair to ask our to perform a nonmilitary mission of anything to encourage and foster a sons and daughters to be policemen in creating a unified government in Iraq. positive outcome in the Iraq conflict. a civil war. Sadly, it seems that most But unity in Iraq has to be deter- But this resolution offers none of these Iraqis do not embrace democratic gov- mined by the people who live there. It things. It is a simple, almost meaning- ernment unless it is dominated exclu- is neither fair nor just to ask our less, nonbinding statement of dis- sively by their own individual groups. troops to fix a sectarian civil war. approval that provides no constructive The Sunnis, the Shia and the Kurds Our Nation has paid a high price: the resolve on this daunting, yet critical are willing and able to establish law lives of 3,000 American troops lost; $379 mission. and order within their own ethnically billion spent, with another $8 billion My opposition is both procedural and homogenous areas. The efforts to push every month of this war. substantive. I am extremely dis- out other areas currently underway in These lives cannot be retrieved; 139 appointed that we only have this one Iraq are deplorable, but it is surely not brave men and women from Ohio have simplistic, inadequate statement be- unexpected given Iraq’s history and been killed, 14 from my district. I have fore us for consideration. No alter- desperate situation. a responsibility to every one of those natives, no other ideas, no solutions. The sectarian militias have popular casualties and to every one that might The situation in Iraq is complicated, support because they have easily un- lie ahead, to represent their voices, es- and the American people deserve far derstood plans to establish security pecially those that can no longer be more from Congress than a resolution within their spheres for their own peo- heard. that essentially calls for the status ple. Instead of fighting the militias, we In early August 2005, Lance Corporal quo. need to co-opt them. We need to help Edward ‘‘Augie’’ Schroeder II was The resolution opposes the troop acceptable local tribal leaders, govern- killed in Iraq. Augie and 13 other surge called for by the Commander in ment leaders and religious authorities young lives from Northeast Ohio were Chief, but fails to offer or even allow establish authority over their areas. lost that day. In January 2006, Augie’s for consideration of any alternatives We also need to seek the positive in- father, Paul Schroeder, shared his aimed at achieving success in Iraq, nor volvement of Iraq’s neighbors. Some of thoughts and feelings in a letter to the does it offer an alternative aimed at a them may be meddling, or may be Washington Post entitled, ‘‘A Life reduction of troops.

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE February 15, 2007 CONGRESSIONAL RECORD — HOUSE H1725 There are other ideas out there wor- There was no objection. and women, sustained over 20,000 cas- thy of consideration and discussion, LEGISLATIVE PROGRAM ualties, and spent nearly $400 billion on yet we are not debating those, includ- Mr. HOYER. Mr. Speaker, continuing the Iraq war. We have rid the Iraqi peo- ing those suggested by the bipartisan on my unanimous consent, I would tell ple of a cruel tyrant and have given Iraq Study Group. For example, the the Members that we do not intend to them the opportunity to live in a de- study group concluded that there is no have any 1-minutes tomorrow, so that mocracy. American men and women se- single action that the military can we will begin debate at 8 a.m. on this curing a street corner in Sadr City will take that, by itself, can bring about resolution. not change the hearts of the Sunni or success in Iraq. I agree with that as- Debate, of course, will conclude to- Shia. Additional troops will not secure sessment. Regardless of a troop surge, I night at 1 a.m. so that the staff can get democracy. Only the men and women believe a positive outcome in Iraq re- at least some sleep; not much, but of Iraq can do that. Now is the time for quires regional cooperation and posi- some. And we will have continuing the Iraqi people to stand and demand tive engagement with all of Iraq’s communications with the minority democracy. neighboring states. with reference to the balance of the It is time for America to move for- A case can be made for a troop surge, schedule for Friday. ward in our fight against terror. It is but even more, we need a surge in di- Mr. REYES. Mr. Speaker, I now yield time to focus on eliminating terrorists plomacy to create an environment con- 5 minutes to the gentleman from Flor- in Iraq, Afghanistan, or wherever they ducive for a lasting peace throughout ida (Mr. MAHONEY). are harbored. It is time to bring Osama the Middle East. The history of the re- Mr. MAHONEY of Florida. Mr. bin Laden to justice for the crimes he gion is too diverse, too complex, and Speaker, I normally rise to speak on perpetrated on 9/11. too tumultuous to expect progress behalf of the people of Florida’s 16th We need to gather our strength and without an integrated diplomatic effort Congressional District. Today I rise to send a clear message to our enemies and multinational support. Of course, begin a conversation not only with my that their continued efforts to support this simple resolution before us offers colleagues, but with my constituents. terror and engage in activity against no perspective on these matters. This week, this legislative body, the America or her allies will result in cer- In a few weeks, this body will have people’s House, is engaged in a great tain and swift justice. the opportunity to vote on funding for This President needs to do what his debate over the President’s decision to ongoing operations in Iraq. Forget to- father did in the first gulf war and stay the course in Iraq by escalating day’s resolution; the vote on the sup- what President Clinton did in the Bal- the number of troops. I have, over the plemental funding bill is where the real kans, and that is to demonstrate lead- past few days, heard many arguments debate will occur, and the policies will ership by engaging in diplomacy. This as to the wisdom of the President’s de- be laid forth. Make no mistake, a cut- President needs to listen to the sage cision to do so. But the one message off of funds and a premature with- advice of the Baker-Hamilton Commis- drawal of troops from Iraq will produce that all who have spoken agree with, sion and use America’s power and pres- even greater sectarian violence, fur- Democratic or Republican, liberal or tige to bring the world together in sup- ther deterioration of security condi- conservative, is that our brave men port of the Iraqi people. The world tions, and would foment a terrorist and women in uniform have done a needs to know that America will pro- breeding ground for radical Islamists. magnificent job fighting in Iraq and vide a democratic Iraq, and those who We, the Members of Congress, must around the world to protect our lives, support her, with political, economic, give our troops the resources they need our culture, and our country. and military support. to carry out their critical mission to a b 1745 I want my friends in Stuart, Okee- successful conclusion. I have heard my colleagues argue chobee, Sebring, LaBelle, and Punta In closing, let me say that we all un- that the mere act of debating the Gorda to know that I am here today equivocally support the troops who are President’s decision to escalate the war because democracy requires us to serving and who have served in Iraq, sends the wrong message to our troops speak up and speak out and you de- and we all deeply appreciate their ef- and the wrong message to our enemies. serve to have a voice in this debate. In forts to carry out their duties. Every speaking out, I am supporting our To these colleagues I say do not under- day I think about the 3,000-plus Amer- President by letting him know that we estimate the power of democracy, the ican troops who have died in Iraq and are committed to winning the war on power of freedom of speech, the very Afghanistan, and I pray for their fami- terror, but that we will not support his powers we are fighting to give the peo- lies, as well as for our troops that are strategy to increase escalation of the ple of Iraq. Debate sends the message there now. I think about the thousands troops in Iraq and that America will of strength, resolve, and commitment. more who have been injured, and the not quit until we have vanquished all This debate is about finding the best tens of thousands of innocent Iraqi who use terror to achieve political way for America to win the war on ter- citizens who have been killed or in- gain. jured as a result of this conflict. We ror. We want the Iraqi people to know I agree with the President that the must do all we can to ensure that those that this is their moment to grasp de- casualties were not suffered in vain. world is a dangerous place and we need mocracy; and should they choose to do Above all, we must seek to end this to take the war to the terrorists and so, the American people will continue conflict and stop the casualties. those who support terror. But I dis- to support them and their efforts to Simply put, the resolution we are de- agree with the President that by send- build a better life for their children. bating offers no path to success, and ing more troops to police a civil war in Tomorrow, my colleagues and I will that is why I oppose it. Iraq, America is any closer to winning take the important first step in show- Mr. HOYER. Mr. Speaker, pursuant the war on terror. I come to this con- ing the President that we support our to section 2 of House Resolution 157, I clusion as a result of consultations troops, but do not support his plan to demand an additional hour of debate on with our military leaders, our dip- invest more American lives to mediate the concurrent resolution. lomats, and those in the White House a civil war. The SPEAKER pro tempore (Mr. responsible for executing the Presi- Make no mistake, this vote is bind- BOUCHER). Thirty minutes of debate dent’s policies. I come to this conclu- ing, as it binds me and my colleagues will be added on the concurrent resolu- sion from talking to our men and to our constituents by forcing us to tion to each side. women in uniform who have served take a stand. HOUR OF MEETING ON TOMORROW with distinction. Mr. SAXTON. Mr. Speaker, I yield 5 Mr. HOYER. Mr. Speaker, I ask Democracy can only happen when a minutes to the gentlewoman from Illi- unanimous consent that when the people want it. We have seen time and nois (Mrs. BIGGERT). House adjourns on this legislative day, again that a people who yearn for de- Mrs. BIGGERT. Mr. Speaker, I thank it adjourn to meet at 8 a.m. tomorrow. mocracy will break the yoke of tyr- the gentleman for yielding me the The SPEAKER pro tempore. Is there anny and liberate themselves from time. objection to the request of the gen- their oppressors. America has invested Mr. Speaker, I rise today in opposi- tleman from Maryland? lives of over 3,000 of its best young men tion to this nonbinding resolution. I

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE H1726 CONGRESSIONAL RECORD — HOUSE February 15, 2007 cannot support it for it neither sup- We urged the creation of a bipartisan Iraq because it is clear to them that ports our troops nor offers an alter- Iraqi Study Group comprised of our the administration’s course is not native plan. It is symbolic, it is par- country’s most distinguished and sea- working. tisan, it is cynical, and it is meaning- soned experts and asked their advice. That is not to say there has not been less. Among the key items they supported some success. Our troops have per- The leadership of this body is taking was a temporary surge in troop formed bravely and succeeded in their the easy route: criticize the other guy’s strength if called for by the commission to end Saddam Hussein’s bru- plan but don’t offer your own. Call up manders on the ground. ‘‘As Baghdad tal regime. The Iraqi people exercised your own nonbinding resolution, but goes, so goes Iraq,’’ they pointed out. their new-found right to vote, and don’t allow votes on resolutions that These are all steps in the right direc- those who murdered innocent Iraqis actually have substance. Position tion. But what would approving this have been given fair trials and justice yourselves for the next elections but resolution signal to the world? That we has been served. not for the next wave of terrorism at- tell the Iraqi people to take the tough But since the initial military vic- tacks. Win the White House, but lose steps, but then we deny them the sup- tory, political, diplomatic, and eco- the war on terror. port they need to do so? That we urge nomic failure has become widespread. There is no doubt that the voters the creation of a bipartisan commis- Today, sectarian violence is at an all- spoke in the last election. They are not sion to give us guidance and then re- time high, and American troops are happy with the war. Few, if any of us, ject its advice? That we unanimously now caught in the middle of a civil are satisfied with the progress made in confirm a new general on the ground war. Iraq. I know I am not. Neither are my and then we deny him his plan? That Now the administration is engaging constituents. Their patience and that we support our troops, but not their rein a military escalation of the war. of all Americans has run thin. placements? They tried this strategy before and it For too long we pursued an open- These are not the messages that I didn’t work. It didn’t work because we ended commitment without well-de- want to send. We owe it to our troops need more than a military strategy. We fined goals and clear benchmarks for and to those who have given their lives need political and economic solutions success. We also pursued a strategy to give the Iraqis one last chance to too. We need a strategy that employs that placed too heavy a burden on our show that they are willing to fight for all of the elements of national power to troops and too light an expectation of and take responsibility for the future ultimately put the Iraqis in charge of the Iraqi Government. But I want to of their own country. But we have to their own security and stability. remind my colleagues that the voters exercise our constitutional powers and So far a military strategy has not will speak again if we don’t get this hold them to it, and we have to stop solved the problems we have in Iraq. So right. And I say ‘‘we’’ because it is all signaling that the best Congress can far a military strategy has not brought of us. If we don’t put aside the partisan offer is a big, nonbinding ‘‘no’’ to some- Sunnis and Shiites together to main- positioning and work together for the one else’s plan. tain a unified government and a peace- good of this country, we all will lose So today I am cosponsoring legisla- ful political environment. We know more than just our seats in this body. tion, H.R. 1062, that will do just that: that a military strategy alone cannot It is not enough to point the finger hold the administration, and the Iraqi create commerce and jobs for the Iraqi and say that the President is wrong, Government, accountable in achieving people. A military strategy alone can- and wait for the returns to come in. It clear benchmarks. It requires the not rebuild the basic infrastructure is not enough to disapprove and criti- President to report to Congress every that has been destroyed over the past 4 cize and say It is not my job. He is the 30 days on the extent to which the gov- years. A military strategy must be Commander in Chief. And it is not ernment of Iraq is moving forward on combined with sufficient political, dip- enough to turn around and through more than a dozen fronts, from troop lomatic, and economic components. this resolution say you support troops training and security to rebuilding, But that is not happening here. that have been or are serving in Iraq, reconciliation, international coopera- I disagree with many of my col- but not those who may go in as re- tion, and enforcing the rule of law. It leagues in this Chamber who support placements, rotations, or as part of the also requires progress reports on the the immediate withdrawal of U.S. new temporary deployment. This is implementation of strategies that will troops. We have heard from too many why we should be using this oppor- prevent Iraqi territory from becoming generals, including those who have spo- tunity, not to take a symbolic vote of a safe haven for terrorist activities. ken out against this escalation, about no confidence in our Commander in Most significantly, H.R. 1062 exer- the dangers of even more violence and Chief, but to discuss real options for cises the full constitutional powers of instability in the Middle East if we the way forward in Iraq. this body, not through a symbolic ex- simply withdraw. I do believe Amer- Mr. Speaker, I have been there sev- pression of discontent, but through vig- ican troops have a role in Iraq, a sup- eral times. I have been to the red zone, orous oversight and true account- porting role. They should continue to visited the convention center where ability. train Iraqi soldiers, and their mission the Iraqi Parliament meets, and was I urge my colleagues to support H.R. must ultimately be to put the Iraqis in there as Prime Minister Maliki pre- 1062 and reject the resolution before us. charge of their own security and sta- sented his reconciliation plan. I met Mr. REYES. Mr. Speaker, it is my bility. But let me be clear: American with our military commanders. I have privilege to yield 5 minutes to a breath troops have no place in the middle of a listened to our soldiers who patrol the of fresh air from Arizona, my good civil war. streets in Baghdad, and I have talked friend Mr. HARRY MITCHELL. This resolution reaffirms this body’s with democratically elected Iraqi lead- Mr. MITCHELL. Mr. Speaker, I think support for the men and women of the ers about their hopes for the future. it is safe to say that regardless of any United States military. Many of our The one thing that was very clear to differences of opinion over military troops have given their lives or suf- me is that only the Iraqi Government strategy in Iraq, we all agree that the fered serious injury so that one day the can take the tough steps that will outcome in Iraq will affect our na- people of Iraq may enjoy the same free- achieve reconciliation and an end to tional security and the security and doms we have here in the United sectarian violence. stability of the Middle East for genera- States. Their service and their sac- So now Prime Minister Maliki has tions to come. rifice make me even more proud to be stepped forward and asked our Presi- I was not a Member of this distin- an American. dent for specific assistance in securing guished body in October of 2002 when I hope and pray that we can have all Baghdad. In response, President Bush’s many of my colleagues were faced with of our brave men and women in Iraq commanders have drawn up a plan. The the decision of whether to authorize and Afghanistan return safely to their President proposed a new commander the President to go to war in Iraq. But families. But while they are in harm’s on the ground, General Petraeus, who 4 years later, I was elected by the peo- way, we must honor their service by was confirmed by the other body in a ple of my district who asked me and ensuring that the burden of success or bipartisan, unanimous vote of 81–0. this Congress to set a new course in failure is not left to them alone. We

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE February 15, 2007 CONGRESSIONAL RECORD — HOUSE H1727 have a responsibility to utilize every ture, it is important to remember that President’s plan to send 21,000 addi- political, diplomatic, and economic the war in Iraq was the first applica- tional troops to Iraq to referee a grow- tool at our disposal to ensure success tion of the Bush Doctrine. This policy ing civil war. I do not agree with this in Iraq. was unveiled by the President in his escalation. I urge all my colleagues to Mr. SAXTON. Madam Speaker, I commencement speech at West Point join in calling on the President to yield 3 minutes to the gentleman from in June 2002 and made policy a few change course in Iraq Texas (Mr. SMITH). months later in the administration’s Mr. HUNTER. Madam Speaker, I Mr. SMITH of Texas. Madam Speak- 2002 National Security Strategy. would yield 3 minutes to the gentlelady er, first of all, I want to thank my The administration’s doctrine from Colorado (Mrs. MUSGRAVE). friend and colleague from New Jersey stressed preemptive attack, U.S. mili- Mrs. MUSGRAVE. I thank the gen- for yielding me time. tary superiority, and U.S. unilateral tleman for yielding time. Madam Speaker, this nonbinding res- action. This flawed policy has proven Madam Speaker, I rise today in olution is really a nonsensical political to be disastrous. It has destabilized strong opposition to this nonbinding statement. It would deprive our troops Iraq, and threatens to undermine the resolution. This is not even an honest of the reinforcements they desperately stability of the entire region. It blinded debate that we are holding here; we need. Let us trust their judgment and the administration to the Pandora’s didn’t have an open rule. This is the give them the reinforcements they box it was opening when it invaded wrong resolution; it sends the wrong want. Iraq in search of weapons of mass de- message to our troops, to our enemies How would you feel if you were an struction that did not exist and 9/11 and to our allies. American soldier in Iraq and Congress terrorists that were not there. Today, like many Members of Con- passed this resolution? It is like telling Far from strengthening U.S. secu- gress do on a regular basis, I visited you to fight with one arm behind your rity, this misguided doctrine has put Walter Reed. While I was there today, back, and that is no way to defeat a our Nation’s vital interests at greater I visited with a young man from my terrorist. risk. The elevation of unilateralism district. He had severe injuries. As I It is our responsibility to assist our has helped erode our Nation’s standing sat and talked to him, his empty eye troops, not discourage them by ignor- in the world. The released NIE Esti- socket teared. He had damage to his ing their needs. This political resolu- mate for Iraq underscores just how face. He had horrific damage to his arm tion shortchanges our generals and flawed the administration’s doctrine that he used to protect his face. He was their troops. Instead, we should sup- has been. Among the key judgment, I in a Humvee when an IED exploded, port those who are sacrificing their quote, ‘‘Iraqi society’s growing polar- and he actually turned the Humvee to- lives to protect ours. ization, the persistent weakening of wards the IED to protect the other men the security forces and of the state in in the Humvee. His sacrifice is incred- 1800 b general.’’ And again I quote, ‘‘Extrem- ible. Our men and women in uniform de- ists continue to act as a very effective I talked to another young man from sire only to serve their country with accelerator for what has become a self- Pennsylvania who had been on three honor. Rather than deny them what sustaining intersectarian struggle be- tours in Iraq, and on his third tour, they want, we should give them the re- tween Shia and Sunnis.’’ And now I while training, he lost his hand. sources they deserve. quote again. ‘‘The Intelligence Commu- I also spoke to a young man from Unfortunately, many terrorists hate nity judges that the term ‘civil war’ Texas, only 20 years old; and this our country, our citizens, our freedoms does not adequately capture the com- young man had severe injuries, specifi- and our way of life. The global war on plexity of the conflict in Iraq.’’ cally to his arm. terror is fierce; this is no time to ap- The judgments of the National Intel- So we all know that the cost of war pear weak. London, Moscow, Madrid ligence Estimate reinforce the view is very high. Many of us Members of and six other cities around the world that a military solution in Iraq is not Congress have also attended funerals have suffered terrorist attacks since 9/ possible. The administration has at- and wept with mothers and fathers, 11, but there is a reason no terrorist attempted troop surges in the past. They families. People in my age group look tack has occurred in America since haven’t worked. Adding another 21,000 at these young soldiers and they are 2001. It is not because some would sec- American troops will not put an end to the age of our kids. It touches our ond-guess our military; it is because violence and instability in Iraq. The hearts, and we know the sacrifices that our troops want to win, and we should only chance to do that is for Iraq’s are made are incredible. These people give them that opportunity. leaders and factions to come together need to feel the gratitude from the en- and begin the difficult process of polit- Madam Speaker, I urge my col- tire Nation, gratitude and respect. And ical compromise and reconciliation. leagues to oppose this resolution and I believe that this resolution, again, I believe that announcing the orderly send the troops this message: We are redeployment of U.S. forces is the best sends the wrong message. here to help you. What is not being considered ade- way to put pressure on the factions in Mr. REYES. Madam Speaker, it is quately in this country is the cost of Iraq to come together and make these now my privilege to yield 5 minutes to failure in Iraq. When we think about difficult choices. the gentleman from Michigan (Mr. This resolution is straightforward. It our enemies being emboldened, when LEVIN). states clearly and unambiguously that we think about the vast resources that (Mr. LEVIN asked and was given per- Congress does not support the Presi- our enemies will have access to acquire mission to revise and extend his re- dent’s plan. It supports our military biological and nuclear weapons, the marks.) personnel but not a further military es- horrific effects are just almost im- Mr. LEVIN. Madam Speaker, I rise in calation. measurable. strong support of this resolution before Some have said it is not serious be- As I think about this cost of failure the House. cause it is nonbinding. Others have in Iraq, and indeed, on the global war We need to send a clear bipartisan said the resolution emboldens our en- on terror, I think about how we Ameri- message to the White House. There is emies and hurts the troops. How does it cans make an assumption. We assume, little support in this Congress for deep- embolden our enemies or hurt the most of us, when we go to bed at night ening our open-ended military commit- troops for this Congress to disapprove that when we wake up, tomorrow is ment in Iraq by sending an additional continuing a strategy that is not work- going to be like today, that things are 21,000 troops into this conflict. ing? going to go on like they have gone on The debate we are having today is The resolution we are debating today and we will have the liberties and the about the future of our Nation’s policy is nonbinding, but is not noncon- freedoms that we enjoy. But I would in Iraq, so my main focus will not be to sequential. I hope the administration say this wonderful thing that we have catalog the litany of the administra- will hear the clear bipartisan message in the United States of America, these tion’s past grave mistakes and we are sending and change course. freedoms and liberties, are very fragile. misstatements over the last 4 years. At The question today before the House They are very fragile when we face rad- the same time, as a lesson for the fu- is whether or not we agree with the ical jihadists that would murder us,

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE H1728 CONGRESSIONAL RECORD — HOUSE February 15, 2007 thinking that it will take them We need to pursue it vigorously, anything about how democracy works. straight to paradise. unwaveringly, and urgently. The fact is that peace is patriotic. Dis- We have to fight this war on terror. On behalf of the Americans who pur- senting from an ill-fated policy of the We have to win in Iraq. I talked to a re- posefully misled repeatedly, including President is the right thing to do. In- tired general yesterday, and I believe the administration as related to these deed, it is our obligation. he said it all. He said, ‘‘You’re down weapons of mass destruction where So please continue to stand up for there debating, aren’t you? You’re none existed, on behalf of the people peace and never forget that peace is talking about the united-we-quit reso- who claim falsely of the collusion be- the answer, and peace is going to pre- lution.’’ I believe that we have a tween 9/11 and Saddam Hussein where vail. choice: United we stand or united we none existed, on behalf of the people Mr. HUNTER. Madam Speaker, I quit, and our choice will echo down the who said that regime change would be yield myself 2 minutes just to give halls of history. welcomed with flowers instead of IEDs, some information that my great friend, Mr. REYES. Madam Speaker, now it I say stop the deception, start telling the gentleman from Texas (Mr. REYES), is my privilege to yield 6 minutes to the truth. commented on. the gentleman from Minnesota (Mr. On behalf of the people who say that I made a comment a few minutes ago ELLISON). the Iraqi oil revenues would pay for that I had understood that the Demo- Mr. ELLISON. Madam Speaker, this war instead of draining the Amer- crat leadership or a member of that make no mistake about it, the change ican Treasury of over $400 billion, I say leadership had stated that they would that took place in this body over the stop the deception, start telling the use DOD management policies to cut course of November 7 is directly re- truth. off the sending of either reinforce- lated to this war in Iraq. And the pres- On behalf of those Americans who ments or supplies to the warfighting ence of a number of people who are told us, repeatedly, facts which got us theater and that I would oppose that here now is directly related to the will into this war in the first place, and very strongly. of the American people to end this war, which they are trying to sustain us in My friend Mr. REYES expressed doubt which never should have been started. this war now, I say stop the deception. that that had happened. He said he had The fact is, the strategy to escalate Stop the killing. Stop the carnage. not heard about it. the troops is not new, it has been tried Support our troops, do not support this I just wanted to inform him I have at least four other times. It won’t work escalation. Send a clear signal to the the Reuters report here, and it quotes this time, it didn’t work those times. President that this is the wrong way to our colleague Mr. MURTHA: ‘‘A leading The thing to do now is to engage dip- go. congressional opponent of the war in lomatically and politically. That is For 6 years now, while the deception Iraq on Thursday said his plans for what this situation calls for and that is has deepened, we were told to shut up, placing conditions on how President the only thing that will bring success bite your tongues, you are not as patri- George W. Bush can spend $93.4 billion in this conflict at this time. otic as me, you don’t love America as in new combat funds would effectively Support the troops? Of course. Of much as I do. None of that is true. We stop an American troop buildup.’’ This course, support the troops. Always we have to stop this polarizing language is quoting Mr. MURTHA. support the troops. But there comes a and really focus on the best way out of Mr. MURTHA says: ‘‘They won’t be time when you cannot get the success this. able to continue. They won’t be able to that you seek at the barrel of a gun, Even people who support the esca- do the deployment. They won’t have you have to talk it out, you have to en- lation can’t claim that we are going to the equipment, they don’t have the gage diplomatically, you have to en- be in Iraq forever. What is your plan training, and they won’t be able to do gage politically. There is no substitute for eventually getting out of this the work. There’s no question in my for that. thing? We say let’s start the with- mind.’’ Support the troops, but bring them drawal now, let’s start the diplomatic That is the statement upon which I home. Support the troops, redeploy solution now, let’s start the political based my remarks a few minutes ago. them, and allow the Iraqi people to solution now. It appears that statement has been seize and protect their country at this I want to say, on behalf of those who made. time. really thirst for peace, who believe Mr. REYES. Madam Speaker, will I carry a message here today on be- that peace really is the answer, that we the gentleman yield? half of people like Phil Steger and the need to look at the words of Martin Lu- Mr. HUNTER. I yield to the gen- Friends For a Nonviolent World, on be- ther King, Jr., when he spoke out tleman from Texas. half of Chapter 27 of Veterans For against the Vietnam War. He said, Mr. REYES. Did I hear you say that Peace, on behalf of every patriot who ‘‘There comes a time when silence is you spoke with Mr. MURTHA? stands for peace, in the frigid cold, betrayal.’’ And so it is. Mr. HUNTER. What is my friend’s every Wednesday night on Lake Street And so, in keeping in line with the statement? Bridge in Minneapolis. legacy of Dr. King, I want to talk Mr. REYES. I would just say that On behalf of the 3,100 Americans about peace today. To those people who many times, my good friend and I have killed, including Minnesotans, I carry believe in the principles of peace and discussed not to quote members of the that message. On behalf of 24,000 that peaceful dissent that guided Dr. media because most of the time they scarred and wounded young Americans, King, those people should know that get it wrong. So I would wait until we including 372 Minnesotans, I carry the for you to raise your voice on behalf of talk to Mr. MURTHA. message. On behalf of the families and peace is a patriotic act, it is a good Mr. HUNTER. Let me just say to my the loved ones of the damaged and de- thing. friend that I hope that this is a mis- ceased, I carry the message that the quote; but, certainly, there was a press American soldier has done what has b 1815 conference, and these are the quotes been asked, and it is time for politi- To those people who say they believe that are reported in the transcript by cians to step forward and do their job, in peace and believe peace is the right the press. So let us hope that that is which is to seek a political and diplo- way to go, let me wrap up my remarks not accurate. If it is not accurate, I matic solution to this conflict, some- by just reminding you that Marine will be very happy. If it is accurate, thing that this latest escalation cannot General Peter Pace, somebody who that will receive enormous opposition do. knows a little bit about warfare, Chair- from this Member of Congress. On behalf of the $8 billion we send to man of the Joint Chiefs of Staff, just Madam Speaker, I yield 5 minutes to Iraq each month, hard-working Amer- last week said, There is no doubt in my the gentleman from Kentucky (Mr. ican tax dollars that could be used to mind that the dialogue here in Wash- WHITFIELD). enrich the lives of the 86,000 uninsured ington strengthens our democracy, pe- Mr. WHITFIELD. Madam Speaker, I children of Minnesota, or for nearly the riod. He added, Potential enemies of believe that the American people wel- 700,000 Minnesota Medicare patients, I the United States, they may take com- come this debate on Iraq, certainly one carry the message that we need peace. fort in rancor, but they do not know of the most important issues facing the

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE February 15, 2007 CONGRESSIONAL RECORD — HOUSE H1729 American people, and I believe we will ficient to solve Iraq’s problems, is cer- nessed the diminishment of America’s all benefit from open, constructive, and tainly necessary, and that is why addi- credibility around the world because of sincere debate. tional U.S. and Iraqi forces are needed the Iraq war. It goes without saying that no one in Baghdad. They do have a role. We have heard the President and the Member of Congress or political party General Petraeus and our military Vice President talk about victory and has a clear-cut solution to the complex have been asked to implement this ad- insurgency in its last throes. problems our Nation faces in Iraq. ditional security. He was confirmed to We have learned of manipulated in- I expect that every Member of Con- do this, as I said, just 20 days ago. Are telligence and endured a no-oversight gress will share their thoughts on we going to turn our backs and aban- Congress. whether we should approve or dis- don General Petraeus and his soldiers Preemptive war, unilateralism, inva- approve this 100-word resolution; and this early? Are we going to say ‘‘no’’ sion, occupation, no post-war plan, an like every other Member of Congress, I without an adequate opportunity for insurgency born of our blunders, and offer and convey my respect, gratitude the new strategy to work? arrogance instead of reality. and thanks for the exemplary service In truth, no one can predict the im- Meanwhile, military experts, Gen- and heart-rendering sacrifice made by pact of a failed Iraqi state on regional erals Abizaid, Odom, Powell, and dis- our young men and women in the mili- stability, the international economy, tinguished civilian leaders have called tary. As so many have said, they have the global war on terror, American se- for change, a new strategy, and the ur- performed in an exemplary way, and curity, stability in the Middle East and gency of diplomatic and political en- they have accomplished every task we the lives of the Iraqi people. Twenty gagement, all to no avail. have asked them to do. days is simply not enough time. One of the central findings of the re- I have had the great privilege of rep- I would also like to remind the Mem- cent NIE, the National Intelligence Es- resenting Ft. Campbell, home of the bers that on page 23 of the Iraq Study timate, highlighted the lack of effec- 101st Airborne Division and the 5th Group it says quite clearly, ‘‘We could tive Iraqi leadership as a main compo- Special Forces group who have served support a short-term redeployment or nent driving sectarian and communal many times in Iraq. surge of American combat forces to violence. Throughout this debate many speak- stabilize Baghdad,’’ and that is what The bipartisan Iraq Study Group, ap- ers have quoted generals and other ex- we are trying to do. pointed by the President, reported the perts who have disagreed emphatically In my view, it is premature to vote utter urgency of action by the adminis- with many aspects of the military deci- ‘‘yes’’ on this resolution, only 20 days tration. sions and strategic decisions about after confirming a new general to go to Retired General William Odom, Iraq. We know there have been and Iraq to provide additional security in former director of the National Secu- continue to be strong disagreements Baghdad so that the Iraqi Government rity Agency under President Reagan among those who have been intimately will have a reasonable opportunity to and member of the National Security involved in this issue. Council under President Carter, wrote We have as a Nation endured so succeed an op-ed in the Washington Post on much. As has been said, over 3,000 Mr. REYES. Madam Speaker, now it is my privilege to yield 51⁄2 minutes to February 11. American soldiers have died, and 23,417 I would ask that it be made part of have been wounded during the past 4 the gentlewoman from California (Ms. the RECORD years in Iraq. ESHOO), a member of the Intelligence While I understand the arguments of Committee. [From the Washington Post, Feb. 11, 2007] those who support this resolution, I Ms. ESHOO. Madam Speaker, I thank VICTORY IS NOT AN OPTION would like to briefly explain why I be- my colleague for yielding to me, the THE MISSION CAN’T BE ACCOMPLISHED—IT’S lieve we should vote against this reso- distinguished chairman of the House TIME FOR A NEW STRATEGY lution. Intelligence Committee. (By William E. Odom) Neither President Bush, Speaker Madam Speaker, it has been a long The new National Intelligence Estimate on PELOSI or any Member of Congress will and painful 4-year journey for the peo- Iraq starkly delineates the gulf that sepa- have as much opportunity to maximize ple of our country since this adminis- rates President Bush’s illusions from the re- the possibility of success in Iraq as our tration acted preemptively and unilat- alities of the war. Victory, as the president sees it, requires a stable liberal democracy new military commander in Iraq, Gen- erally to invade and occupy Iraq, policies which I believe then and I still be- in Iraq that is pro-American. The NIE de- eral David Petraeus. He is responsible, scribes a war that has no chance of pro- with the men and women serving, for lieve today would not and could not ducing that result. In this critical respect, implementing the increased security stand because they simply are not in the NIE, the consensus judgment of all the for Baghdad. He was confirmed for this our national character. U.S. intelligence agencies, is a declaration of new responsibility by a vote of 81–0 in We were told Saddam Hussein had defeat. the U.S. Senate on January 26, 2007, a weapons of mass destruction. None Its gloomy implications—hedged, as intel- mere 20 days ago. were found. ligence agencies prefer, in rubbery language At his confirmation hearing, among We were told there was yellow cake. that cannot soften its impact—put the intel- It was a falsehood. ligence community and the American public other statements, General Petraeus on the same page. The public awakened to said, ‘‘Some of the members of this We were told that there were trailers the reality of failure in Iraq last year and committee have observed that there is containing the evidence of deadly turned the Republicans out of control of no military solution to the problem of chemicals. Congress to wake it up. But a majority of its Iraq.’’ And he said, ‘‘They are correct.’’ We were told the mission was accom- members are still asleep, or only half-awake Ultimate success in Iraq will be de- plished. to their new writ to end the war soon. termined by actions in the Iraqi polit- We endured national and inter- Perhaps this is not surprising. Americans ical and economic arenas on central national shame when the horrific pic- do not warm to defeat or failure, and our issues as governance, the amount of tures depicting Abu Ghraib appeared. politicians are famously reluctant to admit We learned that our troops were not their own responsibility for anything resem- power devolved to the provinces, the bling those un-American outcomes. So they distribution of oil revenue, national sufficiently equipped. beat around the bush, wringing hands and de- reconciliation, and resolution of sec- We mourned with our constituents as bating ‘‘nonbinding resolutions’’ that oppose tarian differences. the death toll of American troops the president’s plan to increase the number And then he went on to say, and this mounted and continued to mount. Just of U.S. troops in Iraq. is key, It is, however, exceedingly dif- think, 137 casualties in November of For the moment, the collision of the ficult for the Iraqi Government to 2004, then the deadliest month overall. public’s clarity of mind, the president’s re- come to grips with the tough issues it Today, over 3,000 precious U.S. lives lentless pursuit of defeat and Congress’s anx- have been lost, with thousands maimed iety has paralyzed us. We may be doomed to must resolve while mere survival is the two more years of chasing the mirage of de- primary concern of so many in Iraq’s and injured and God knows how many mocracy in Iraq and possibly widening the capital. innocent Iraqi lives lost. war to Iran. But this is not inevitable. A For this reason, military action to We witnessed the world community’s Congress, or a president, prepared to quit the improve security, while not wholly suf- total support on 9/11, and we have wit- game of ‘‘who gets the blame’’ could begin to

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE H1730 CONGRESSIONAL RECORD — HOUSE February 15, 2007 alter American strategy in ways that will another absurd notion. One of the president’s gion. Spreading democracy, using sticks to vastly improve the prospects of a more sta- initial war aims, the creation of a democracy try to prevent nuclear proliferation, threat- ble Middle East. in Iraq, ensured increased Iranian influence, ening ‘‘regime change,’’ using the hysterical No task is more important to the well- both in Iraq and the region. Electoral democ- rhetoric of the ‘‘global war on terrorism’’— being of the United States. We face great racy, predictably, would put Shiite groups in all undermine the stability we so desperately peril in that troubled region, and improving power—groups supported by Iran since Sad- need in the Middle East. our prospects will be difficult. First of all, it dam Hussein repressed them in 1991. Why are Fourth, we must redefine our purpose. It will require, from Congress at least, public so many members of Congress swallowing must be a stable region, not primarily a acknowledgment that the president’s policy the claim that prolonging the war is now democratic Iraq. We must redirect our mili- is based on illusions, not realities. There supposed to prevent precisely what starting tary operations so they enhance rather than never has been any right way to invade and the war inexorably and predictably caused? undermine stability. We can write off the transform Iraq. Most Americans need no fur- Fear that Congress will confront this con- war as a ‘‘tactical draw’’ and make ‘‘regional ther convincing, but two truths ought to put tradiction helps explain the administration stability’’ our measure of ‘‘victory.’’ That the matter beyond question: and neocon drumbeat we now hear for ex- single step would dramatically realign the First, the assumption that the United panding the war to Iran. opposing forces in the region, where most States could create a liberal, constitutional Here we see shades of the Nixon-Kissinger states want stability. Even many in the democracy in Iraq defies just about every- strategy in Vietnam: widen the war into angry mobs of young Arabs shouting profani- thing known by professional students of the Cambodia and Laos. Only this time, the ad- ties against the United States want predict- topic. Of the more than 40 democracies cre- verse consequences would be far greater. able order, albeit on better social and eco- ated since World War II, fewer than 10 can be Iran’s ability to hurt U.S. forces in Iraq are nomic terms than they now have. considered truly ‘‘constitutional’’—meaning not trivial. And the anti-American backlash Realigning our diplomacy and military ca- that their domestic order is protected by a in the region would be larger, and have more pabilities to achieve order will hugely reduce broadly accepted rule of law, and has sur- lasting consequences. the numbers of our enemies and gain us new vived for at least a generation. None is a (3) We must prevent the emergence of a and important allies. This cannot happen, country with Arabic and Muslim political new haven for al-Qaeda in Iraq. But it was however, until our forces are moving out of cultures. None has deep sectarian and ethnic the U.S. invasion that opened Iraq’s doors to Iraq. Why should Iran negotiate to relieve fissures like those in Iraq. al-Qaeda. The longer U.S. forces have re- our pain as long as we are increasing its in- Strangely, American political scientists mained there, the stronger al-Qaeda has be- fluence in Iraq and beyond? Withdrawal will whose business it is to know these things come. Yet its strength within the Kurdish awaken most leaders in the region to their have been irresponsibly quiet. In the lead-up and Shiite areas is trivial. After a U.S. with- own need for U.S.-led diplomacy to stabilize to the March 2003 invasion, neoconservative drawal, it will probably play a continuing their neighborhood. agitators shouted insults at anyone who If Bush truly wanted to rescue something role in helping the Sunni groups against the dared to mention the many findings of aca- of his historical legacy, he would seize the Shiites and the Kurds. Whether such foreign demic research on how democracies evolve. initiative to implement this kind of strat- elements could remain or thrive in Iraq after They also ignored our own struggles over egy. He would eventually be held up as a the resolution of civil war is open to ques- two centuries to create the democracy Amer- leader capable of reversing direction by turn- tion. Meanwhile, continuing the war will not icans enjoy today. Somehow Iraqis are now ing an imminent, tragic defeat into strategic push al-Qaeda outside Iraq. On the contrary, expected to create a constitutional order in recovery. a country with no conditions favoring it. the American presence is the glue that holds If he stays on his present course, he will This is not to say that Arabs cannot beal-Qaeda there now. leave Congress the opportunity to earn the come liberal democrats. When they immi- (4) We must continue to fight in order to credit for such a turnaround. It is already grate to the United States, many do so ‘‘support the troops. ‘‘This argument effec- too late to wait for some presidential can- quickly. But it is to say that Arab countries, tively paralyzes almost all members of Con- didate for 2008 to retrieve the situation. If as well as a large majority of all countries, gress. Lawmakers proclaim in grave tones a Congress cannot act, it, too, will live in in- find creating a stable constitutional democ- litany of problems in Iraq sufficient to jus- famy. racy beyond their capacities. tify a rapid pullout. Then they reject that logical conclusion, insisting we cannot do so He identified the shortcomings of the Second, to expect any Iraqi leader who can administration’s Iraq policy and pre- hold his country together to be pro-Amer- because we must support the troops. Has ican, or to share American goals, is to aban- anybody asked the troops? sented some of the clearest and most don common sense. It took the United States During their first tours, most may well prescient thinking on the issue to date. more than a century to get over its hostility have favored ‘‘staying the course’’—whatever He places in stark relief what many toward British occupation. (In 1914, a major- that meant to them—but now in their sec- of our colleagues refuse to accept, that ity of the public favored supporting Germany ond, third and fourth tours, many are chang- the preemptive, unilateral course set against Britain.) Every month of the U.S. oc- ing their minds. We see evidence of that in by the President is not a strategy for cupation, polls have recorded Iraqis’ rising the many news stories about unhappy troops success in Iraq. animosity toward the United States. Even being sent back to Iraq. Veterans groups are beginning to make public the case for bring- He says: ‘‘The first and most critical supporters of an American military presence step is to recognize that fighting on say that it is acceptable temporarily and ing them home. Soldiers and officers in Iraq only to prevent either of the warring sides in are speaking out critically to reporters on now simply prolongs our losses and Iraq from winning. Today the Iraqi govern- the ground. blocks the way to a new strategy. Get- ment survives only because its senior mem- But the strangest aspect of this rationale ting out of Iraq is the precondition for bers and their families live within the heav- for continuing the war is the implication creating new strategic options. With- ily guarded Green Zone, which houses the that the troops are somehow responsible for drawal will take away the conditions U.S. Embassy and military command. deciding to continue the president’s course. that allow our enemies in the region to As Congress awakens to these realities— That political and moral responsibility belongs to the president, not the troops. Did enjoy our pain. and a few members have bravely pointed ‘‘Second,’’ he says, ‘‘we must recog- them out—will it act on them? Not nec- not President Harry S. Truman make it essarily. Too many lawmakers have fallen clear that ‘‘the buck stops’’ in the Oval Of- nize that the United States alone can- for the myths that are invoked to try to sell fice? If the president keeps dodging it, where not stabilize the Middle East. the president’s new war aims. Let us con- does it stop? With Congress? ‘‘Third, we must acknowledge that sider the most pernicious of them. Embracing the four myths gives Congress most of our policies are actually desta- (1) We must continue the war to prevent excuses not to exercise its power of the purse bilizing the region. Spreading democ- the terrible aftermath that will occur if our to end the war and open the way for a strat- racy, using sticks to try to prevent nu- forces are withdrawn soon. Reflect on the egy that might actually bear fruit. clear proliferation, threatening ‘regime The first and most critical step is to recog- double-think of this formulation. We are now change,’ using the hysterical rhetoric fighting to prevent what our invasion made nize that fighting on now simply prolongs inevitable! Undoubtedly we will leave a our losses and blocks the way to a new strat- of the ‘global war on terrorism’ all un- mess—the mess we created, which has be- egy. Getting out of Iraq is the pre-condition dermine the stability we so desperately come worse each year we have remained. for creating new strategic options. With- need in the Middle East. Lawmakers gravely proclaim their opposi- drawal will take away the conditions that ‘‘Fourth, we must redefine our pur- tion to the war, but in the next breath ex- allow our enemies in the region to enjoy our pose. It must be a stable region, not press fear that quitting it will leave a blood pain. It will awaken those European states primarily a democratic Iraq. We must bath, a civil war, a terrorist haven, a ‘‘failed reluctant to collaborate with us in Iraq and redirect our military operations so state,’’ or some other horror. But this ‘‘after- the region. they enhance rather than undermine math’’ is already upon us; a prolonged U.S. Second, we must recognize that the United occupation cannot prevent what already ex- States alone cannot stabilize the Middle stability.’’ ists. East. So many experts, so many respected (2) We must continue the war to prevent Third, we must acknowledge that most of leaders, so many voices of patriots, and Iran’s influence from growing in Iraq. This is our policies are actually destabilizing the re- their critical analysis ignored.

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE February 15, 2007 CONGRESSIONAL RECORD — HOUSE H1731 Madam Speaker, in the preamble to mind Zarqawi had sought refuge in Many military personnel have served our Constitution, three magnificent Iraq. His network of terror grew rap- two and three tours of duty. It has been words lead the document: ‘‘We, the peo- idly. Bin Laden’s top deputy applauded difficult on their families here at ple.’’ The people of our Nation made his actions and counseled him on home. More than 3,100 of our finest the clearest and most important sol- achieving dominance in the region. Al- sons and daughters have given the ulti- emn judgment on Iraq in last Novem- though Zarqawi himself can no longer mate sacrifice for their country. More ber’s election. They said, in over- do harm, al Qaeda in Iraq remains a than 25,000 troops have been wounded. whelming numbers, to change the di- threat to our security. I do not believe we need new troops rection of this war, to de-escalate, not An American defeat in Iraq would in Iraq. I believe we need a new strat- escalate. embolden the terrorists like no event egy in Iraq. The current strategy is That is exactly what this debate is before, bolstering bin Laden’s view clearly not working. about. We pay tribute to and support that America is weak. Al Qaeda would We have increased the number of our troops who honor our country with enjoy more than just a morale boost; American troops in the past, and it has their service. We say, as the American they would have a new operational not done anything to calm the vio- people have said, enough is enough. I base to plot attacks against Americans lence. In fact, in certain circumstances urge my colleagues to vote for this res- and train new recruits. An American the violence has increased. Even Gen- olution. defeat in Iraq would almost certainly eral Abizaid, commander of U.S. forces bring forth a government that turns a in the Middle East has stated, ‘‘More b 1830 blind eye towards terrorism. This, American forces prevent the Iraqis Mrs. WILSON of New Mexico. Madam Madam Speaker, would be catastrophic from doing more, from taking more re- Speaker, I am pleased to yield 5 min- to our national security. sponsibility for their own future.’’ I utes to the gentleman from California An American defeat in Iraq would completely agree with him. (Mr. HERGER). also generate unspeakable chaos in the I serve on the House Permanent Se- Mr. HERGER. Madam Speaker, I Middle East. The dangerous regime in lect Committee on Intelligence; I have hope we all can recognize the profound Iran is already seeking to capitalize on been to Iraq four times and have met importance of our mission in Iraq. His- what it perceives as our weakness. Iran with America’s top generals, U.S. and tory surely will. The mission in Iraq is well on its way to developing nuclear Iraqi troops, and Iraqi elected officials. will impact our national security for weapons, and its fanatical president We must give the Iraqis more responsi- decades to come. has publicly said that he wishes to de- bility to take control of their own The United States seeks a region of stroy America and Israel. Syria would country. We must cut the apron strings stability and peace to create a more se- also take advantage of a power vacuum and let the Iraqis patrol their own cure world for our children and grand- in Iraq, further destabilizing the Mid- streets. American troops will guard the children. Al Qaeda seeks a region of dle East. What is good for hostile re- perimeter areas and back up the Iraqis terror and bloodshed. gimes like Iran and Syria can be dev- in an emergency. I call this the Perim- The President believes victory in astating for America’s security. eter Plan. Iraq is key to victory on the war on In closing, Iraq is a central front in Redeploying troops to perimeter terror. Al Qaeda believes our defeat in the war on terrorism, and its future areas, the Green Zone, and lowering Iraq is key to its vision of violent Is- will greatly influence our future secu- the profile of American forces will lamic rule. Our security is clearly at rity. An American victory would foster break the dependency the Iraqi mili- stability in a volatile region and pro- risk. tary has on U.S. forces. Americans are frustrated by the cur- vide a resounding defeat for terror. The Iraqis will gain more confidence For these reasons, we must give the rent situation in Iraq. We have wit- in their own ability to secure their own President’s new plan in Iraq a chance nessed the removal of a historic dic- country, and we will begin bringing our to succeed. Our resolve must override tator, yet our men and women in uni- men and women home. our frustrations. Our support for the form remain at risk. We have witnessed It has been said by my friends on the remarkable members of our Armed historic democratic elections, yet other side of the aisle that the Demo- Forces must be unwavering. And our those elected have not yet brought se- crats don’t have a plan. That is not determination in fighting radical curity. We have been told about the true. Other Members of our party have jihadists who want to kill us and our progress we have experienced in train- a plan and I have a plan. In fact, I families must never run dry. Madam ing Iraqi security forces, yet violence shared the Perimeter Plan with the Speaker, that determination must continues to rage. President and members of his Cabinet never run dry With growing uneasiness, we have Mr. REYES. Madam Speaker, it is on two occasions at the White House. I watched a back and forth tug of war my privilege to yield 6 minutes to the also gave a copy of the Perimeter Plan between progress and setback, and we gentleman from Maryland (Mr. to the Iraqi Study Group that reviewed mourn the loss of every single brave RUPPERSBERGER). it before issuing its recommendations American who has fallen during this Mr. RUPPERSBERGER. I thank you, that have been largely ignored by the mission. Chairman REYES, of the Intelligence President. This is not cut and run like Madam Speaker, I share this frustra- Committee. some on the other side of the aisle tion and sorrow. Yet I believe we must Madam Speaker, this resolution be- would like you to believe. It is a way to not allow our frustrations to blind us fore the House today is very clear: Con- force the Iraqis to take more control of to the need for victory over radical gress and the American people support their country, while also allowing the jihadists. This House must work to- our troops who serve bravely in Iraq, U.S. military to do what it does best. gether in addressing the challenges in and Congress disapproves of President We have some of the best operations Iraq, because the outcome will be Bush’s decision to send an additional forces, Marines and Rangers, and the closely linked to our own national se- 20,000 troops to Iraq. best technology in the world. These curity for years to come. There is not a Member of this body forces can focus on backing up the Regrettably, the resolution before us who does not pray for our Nation’s suc- Iraqi military. does nothing to enhance this security. cess in Iraq and in the global war on As Thomas Payne insisted during the It does not offer a solution to the chal- terror. Our brave servicemen and American Revolution: ‘‘We need to let lenges in Iraq. It does not recognize the women have performed in Iraq with those who want independence test their magnitude of the failure. And it does valor and honor. They have done every- will and try their soul.’’ More Amer- not recognize the nature of our en- thing that a grateful Nation has asked ican troops hinder the Iraqi democracy emies. For these reasons I strongly op- of them since the beginning of the war. from testing its soul, and hurt the pose it. Whether you are for or against the world in the global war on terror. More Madam Speaker, we know terrorists war, we must support our troops. This than $400 billion has been spent on this friendly to bin Laden are among the resolution does that. war by American taxpayers with little enemy in Iraq. Even before the fall of The only people sacrificing in this or no oversight by Congress. From the Saddam’s regime, the terrorist master- war are the troops and their families. invasion of Iraq and the start of the

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE H1732 CONGRESSIONAL RECORD — HOUSE February 15, 2007 war, a Republican House and Repub- bring our sons and daughters home is ideas and suggestions as we fight this lican Senate have given the President to send additional troops for a short war on terror, but we must, we must almost whatever he wanted both in period of time. win this war. money and strategic resources. The Madam Speaker, I oppose this resolu- The third reason, this resolution days of the blank check are over. The tion for three major reasons: opens the door to cutting funds des- stakes are too high to allow this Number one, the impact on troops’ perately needed by our troops. The money and resources to be spent un- morale. Democrats have said it time and time checked. Number two, there are no solutions again. They are talking about cutting In the first 6 weeks of this new Con- today. This resolution sticks with funds for body armor, for food, for mili- gress, the Democrats have held 52 staying the course. tary equipment and supplies. House and Senate hearings on Iraq. We And, number three, I believe this res- This resolution, and their assertion are conducting oversight and holding olution puts us in the pathway of cut- this resolution simultaneously offers the administration accountable. ting off funds desperately needed for support for soldiers but not the Presi- Iraq was not a hotbed for terrorists our troops. dent’s plan, is disingenuous. I am deep- before the war, but it is now. The coun- First, on the morale: I have had the ly concerned that this resolution mere- try has become a magnet for those who honor to be in the Middle East, in ly opens the door for Congress to move want to harm Americans and Iraqis Southeast Asia, in Iraq, Afghanistan, forward cutting off funds for our and disrupt a new democracy. Terror- Pakistan on three occasions, I believe troops. We have heard it this week, and ists have used Iraq against us to re- more times than anyone in our delega- simply had the Democrats allowed the cruit and spread their twisted ideology tion from Nevada. I have looked in the Republicans to add one sentence that worldwide. eyes of these young men and women of we would guarantee we would not re- But the global war on terror is much all ages in the deserts of Iraq, in Be- duce the funds, would have changed the more than Iraq. While we are spending thesda, and in Walter Reed Army Hos- whole outcome of this resolution. much of our precious resources in Iraq, pital. Madam Speaker, I appreciate this op- we are not focused on fighting ter- To a person, morale is at an all-time portunity, but this resolution is a reso- rorism worldwide. We are taking our high. But what I do hear consistently lution of hypocrisy. The American peo- eye off the ball. We must refocus our from these folks is they are afraid that ple spoke in November and said we efforts on other parts of the Middle Washington has looked the other way. must not stay the course. I cannot sup- East, Asia, South America, Africa, and They don’t want to be the last man port this resolution, and I don’t believe other parts of the world. Good intel- killed, and they are afraid the funds the American people do. ligence is the best defense against ter- are going to be reduced and cut off. Mr. REYES. Madam Speaker, it is rorism. This takes resources. We must And, you know, I even disagree with now my honor to yield 5 minutes to the prioritize where we put our money. It Secretary Gates and his perspective, gentlelady from California (Ms. ROY- is not about Republicans or Democrats. and certainly with the Democrats with BAL-ALLARD). It is about all Americans and keeping their approach that this debate does Ms. ROYBAL-ALLARD. Madam this country safe for our children and not send the wrong message. I believe Speaker, I rise to support the resolu- our grandchildren. that you are wrong. It does. tion and to express my opposition to Madam Speaker, this is a critical I received this e-mail just this week the President’s plan to send additional moment in the war in Iraq. More from a soldier I spent Christmas Eve troops to Iraq. While I rise as a Mem- troops will not help Iraq. A new strat- with in Baghdad this past Christmas. ber of this House who opposed author- egy will. And he said, ‘‘Congressman, every day ization of the Iraq war, I also rise as a Democracy is rooted in independence we are burdened with stories in the member of the new Congressional ma- and self-sustainment. By implementing media of the American people wanting jority, representing millions of Ameri- the Perimeter Plan, we encourage the to cut and run, with slanted coverage cans who voted for a new direction in Iraqis to take control of their own of atrocities and the argument that it Iraq, and I rise representing my own country. This strategy will allow us to is possible to support the troops but 34th congressional district of Cali- be successful in Iraq and win the war not the war. I disagree, Congressman. fornia, whose constituents overwhelm- on terror. This is why we must vote for Someone that supports me by exten- ingly oppose this escalation. this resolution. I urge Members to sup- sion supports my efforts to accomplish Perhaps, most importantly, I rise as port it my mission.’’ the proud stepmother of a U.S. Army Mrs. WILSON of New Mexico. I am Madam Speaker, I hope this Congress serviceman who served in Iraq, and a pleased to yield 5 minutes to the gen- heeds his words. proud wife of a marine who saw two tleman from Nevada (Mr. PORTER). Another young man from Nevada vis- tours of duty in Vietnam. While I will Mr. PORTER. Madam Speaker, the ited the Capitol last year, wanted a never personally experience war on the Iraq war is the single greatest issue tour of the Capitol, is proud of his uni- ground, I can speak from a wife and facing the American people today, and form, because he was a soldier serving mother’s perspective about what it we must get the job done. Which is why in the Middle East. But he was afraid means to have a loved one sent into I rise today in opposition to H. Con. he would be scorned, not unlike our harm’s way. Res. 63. family and friends that were scorned My prayers go out to Nevada’s 26 when they returned from Vietnam. Over 4 years ago, I spoke from that families who have lost loved ones in Through this resolution we are going very perspective when I, with many of this war and the other over-3,000 Amer- to continue to send the wrong message my colleagues, urged the President to ican citizens that have paid the ulti- to those who humbly protect our Na- exhaust all diplomatic efforts, give the mate sacrifice. I continue to pray for tion. U.N. weapons inspectors a chance to those who are in the war zone today The second reason, there are no solu- finish their job and, if necessary, estab- around the world and for the families tions in this resolution. My father lish a multilateral coalition force to here at home. taught me a long time ago that before confront Saddam before invading Iraq. Yes, a lot of mistakes have been you complain you need to have a solu- These steps would have made it pos- made, but it is easy on Monday morn- tion to the problem. sible to say to my stepson and to all ing to look back and criticize. This war our Nation’s sons and daughters, your on terrorism is not in the textbooks. It b 1845 country did everything in its power to is a war that must continually be reas- The Democrats have not presented keep you from harm’s way. sessed, realigned, and restructured, be- the American people with a solution, Regrettably, the President did not do cause war is not perfect. only a resolution that endorses stay everything in his power to keep them I want to bring the troops home just the course, which, as we saw in Novem- from harm’s way. We know now that as soon as possible, as soon as the re- ber, is unacceptable to the American decisions to invade Iraq were based on, gion is secured. There are no guaran- people. This is not about leadership. at best, faulty intelligence, and, at tees, but I believe the quickest way to This is unacceptable. I am open for worst, intelligence viewed to favor a

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE February 15, 2007 CONGRESSIONAL RECORD — HOUSE H1733 specific policy outcome. It is breath- Armed Forces. We all have constitu- As I listened to SAM JOHNSON today, taking now to consider how incom- ents who have served bravely in Iraq as he recounted the unspeakable dam- plete, simplistic, or just plain wrong and some have paid the ultimate price age antiwar efforts back home did to our intelligence and projections were for this service, and we are forever our soldiers in Vietnam, I wondered about the need to invade Iraq. grateful for that. We are grateful be- whether our brave men and women are It is breathtaking to consider the cause these men and women put our listening to the taunts of America’s en- cost to our Nation of this ill-conceived freedoms and our country before them- emies at this very moment as we de- and mismanaged war in which billions selves. It is this freedom that affords bate not just this resolution but their of dollars have been spent without sig- us the ability to undertake the debate mission. SAM JOHNSON is not alone in nificant and appropriate oversight of on this shallow, shortsighted resolu- questioning the damage to the morale the war effort, the occupation, or the tion. we may be doing to those fighting plan for reconstruction and withdrawal If the purpose of this resolution is forces. from Iraq. Even more tragic is the huge scoring political points and playing po- One of my constituents, a highly price that has been paid in American litical games, then bravo to the Demo- decorated Iraq war veteran, David and Iraqi lives and in our esteem cratic majority, they have succeeded. Bellavia wrote, ‘‘Each day . . . move(s) around the world. But if the purpose of this resolution is us closer to losing a winnable war and I share the commitment of my hus- for a new direction in Iraq that will se- abandoning a worthy ally.’’ band and stepson and that of all Ameri- cure victory and secure the second de- Madam Speaker, for Congress to sup- cans to defend this Nation against all mocracy in the Middle East, then this port this resolution gives encourage- enemies. I believe, even as a peaceful resolution comes up woefully short. ment to the jihadists and cuts the mo- Nation, we must be resolute in our de- I am not prepared to look our sol- rale of our troops. In our global war on termination to defend our country diers and their families in their eyes terror, we cannot show a lack of re- against hostile interests. and say I voted for this resolution, be- solve because, as we know, after dec- But the bar to war must be set high, cause while I support you, I do not sup- ades of attacks by these jihadists on and information on which we base our port your mission. our citizens, the World Trade Center in entry into war or escalate our involve- We debate a resolution this week 1993, our embassies and the USS Cole, ment must be clear, compelling, and as that represents a cavalier attitude we know what a lack of resolve has unfiltered as possible. The President about the mission our troops are car- meant. That lack of resolve hit us all did not, in good faith, make the case to rying out, day in and day out, without when the jihadists attacked us again preemptively and unilaterally go to fear, and without knowing whether on the morning of September 11, 2001. war in Iraq, and he has not made the some in the halls of this Congress still That fateful Tuesday brought devasta- case for this escalation. He has not ex- support them in this war on terror. tion to this country not seen since plained to the American people why, While we debate this resolution, let Pearl Harbor and, God willing, that we after four failed escalations, this one me be clear that, like my constituents, will never experience again. will succeed. Even many of his generals my patience is limited in Iraq. We The skies were thick with smoke, de- and military advisors oppose this plan. must see more progress sooner rather bris piled so high it brought to a stand- To give approval to this administra- than later. We must see the Iraqis play still the city that never sleeps. Just tion, to continue its failed strategy, a larger role and take control of their days after the attacks, I stood at and put into jeopardy the lives of an country. The Iraqis need to recognize Ground Zero amidst the rubble, in an- additional 20,000 troops defies common their failure to take control has con- guish. I knew this was bigger than any sense. sequences, the consequences of ful- political party, bigger than any one Madam Speaker, we will all forever filling bin Laden’s wish to see Iraq be- country. It is a global war on Islamic be grateful to the brave men and come a new central base for terrorists, jihadism, and that war, as the jihadists women in uniform who have done ev- the consequences of destabilizing the have said, is now set in Iraq. erything they have been asked to do Middle East and endangering Israel, The question raised by this resolu- valiantly and courageously. our strongest democratic ally in the tion is, will we yield? As Winston Therefore, I continue to hope that Middle East. Churchill said, reflecting on the dark- the debate over this resolution will be The consequence is of involving our est days of the global war of his time, absent the charges that we undermine enemies like Iran and other rogue one that pitted the hopes of freedom their mission and their morale, for this states to develop weapons of mass de- against the ideology of hatred, ‘‘Never is nonsense. There is not a Member in struction without the fear of repercus- give in—never, never, never, never, in this body that does not respect and sions. Ultimately in Iraq, it is Iraqis nothing great or small, large or petty; honor their service or support their ef- who will decide if democracy or tyr- ‘‘Never yield to force; never yield to forts. Our message is to the Com- anny rule the day, and whether they the apparently overwhelming might of mander in Chief, not the brave troops avoid the consequences of their failure. the enemy.’’ who serve our Nation. But while my patience is limited, and Madam Speaker, in the daunting Four years ago, I asked myself I want to see progress, I will not play challenge of our time, we must not whether we were doing everything in politics with our troops, which is what waver, and we must not yield. our power to keep our Nation’s sons this resolution does. Mr. REYES. Madam Speaker, I yield and daughters out of harm’s way. Four Like Majority Leader HOYER said myself 6 minutes. years later, I stand here to oppose this yesterday, no one should hide behind I rise to express my strong support escalation and ask that we begin the the troops. I agree, but equally impor- for our Nation’s military and for the process of doing everything in our tant, Members of this body should not resolution before the House today. I am power to take our sons and daughters be hiding behind this resolution if their a proud veteran. I know what it is like out of harm’s way and bring them safe- true aim is to cut off funding for our to say good-bye to loved ones and be ly home troops. Because while this resolution gone for a year, or 13 months, as in my Mrs. WILSON of New Mexico. Madam will indeed score a few political points case when I served in Vietnam. Speaker, I am pleased to yield 51⁄2 min- for some debating in this Chamber I voted against authorizing the use of utes to my colleague from New York today, this resolution also sends a mes- force against Iraq because I did not be- (Mr. REYNOLDS). sage far beyond this Chamber. lieve that the evidence provided by the (Mr. REYNOLDS asked and was Indeed, Madam Speaker, this non- administration, particularly the intel- given permission to revise and extend binding resolution, while lacking any ligence data, were sufficient to justify his remarks.) bite in terms of strategy, and not putting our troops in harm’s way. Com- Mr. REYNOLDS. I thank the gentle- changing anything on the ground in bat should be the last option. I know; I woman from New Mexico. Baghdad, will send a message loud and have been there. Madam Speaker, we have heard many clear to our troops: We are consigning Over 3,000 American lives later, and speeches this week talking about the your mission to failure before you even tens of thousands suffering debilitating honorable men and women of our have a chance to execute it. injuries, yet we are no closer to our

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE H1734 CONGRESSIONAL RECORD — HOUSE February 15, 2007 goal of a secure and stable Iraq, and tremely thin. With us being away from from Eielson as the crowd erupted in cheers the situation there continues to dete- home, many wives end up leaving their hus- and the families burst into applause. I wept riorate. bands searching for a better life, or long as the soldiers made their formation on the Our military families are paying a needed affection without a phone, or even to far side of the room, and I sobbed as they become their own person again. My wife told marched across that hangar-like area to high price. There were a couple of arti- me something the other day that really hit their place in front of us. cles in today’s paper that talked about me, ‘‘No one knows who you are, they know And when their commander released them our inability to find common ground. Megan and Dominic, and the guy that keeps to their families, I broke down. Well, I disagree. I think we find com- calling on the phone.’’ Soldiers sprinted toward us, frantically mon ground because we care about not That is who we have become to our fami- searching for their families, and in the just our troops, but their families, our lies, just a voice on the phone. I am not ask- crowd, I just couldn’t see my husband. He military families. ing to get out of this conflict. We are doing wasn’t in the very front, he wasn’t in the Madam Speaker, I would like to sub- well here, plus if we leave, the friends I have very back, he wasn’t near his old com- lost here would have died in vain. I cannot mander, he wasn’t near anyone else I knew. mit for the RECORD an e-mail from Ser- have that on my conscience. We all realize I was starting to panic, when all of a sud- geant Matthew Baeza the good we are accomplishing here, but we den, two soldiers cleared my path of vision Hello Sir, My name is SGT Matthew Baeza, are losing our families over it. and for the first time, I spotted him. I lit- currently I am deployed in Iraq in support of We don’t try to save the world, at least I erally lost my breath. My heart fluttered the Operation Iraqi Freedom ’05–’07 with the C– don’t, that is too much to ask of one person. way it did the first time I met my husband, 84th ECB (H), out of Fort Richardson, AK. I But rather try for the ones closest to us. My and I felt just like that 18-year-old girl again am an El Paso native, and have not been too son and my wife. But when they are gone, as we made eye contact for the first time. big in politics although I did my fair share of who is it for? Every day I am here I tell my- My heart dropped, and my husband Democratic rallies with my father Luis self I do this for them, and others feel the beamed. Baeza when I was in high school. I have met same way. I’ve never run so fast with a child in my you on several occasions through my father I am not asking you to change the way arms in my entire mommy life. I had tunnel as well as when we met on the steps of the things are, but rather voice your opinion and vision as I trotted toward the man of my Senate when I was on a High School trip to raise a flag for those of us that cannot. With dreams and flung my one arm around his DC in ’99. your reputation you can influence others in neck as he embraced the two of us with the My concerns are brought forward whole- helping us cut our deployments to shorter biggest smile I’ve ever seen from a man in hearted. They do not concern El Paso, but it periods. We are not asking to leave Iraq or uniform. does concern El Pasoans all over the country Afghanistan, but rather cut the time away He held us tight, told me through giant who serve in the military and who are de- from home. When you start stacking deploy- smiling teeth that he loved me and missed ployed in the threatre of operations. ments on top of each other, families get bro- me, and then pulled away to look down at Many of us in the military believe in what ken, and when that happens, you get Service his son for the first time since he was 11 days we do and feel our mission here is warranted. Members who cannot perform. Would could old. And in an act that I’m positive must The issues are not against our deployments when your life is falling apart? have been from God, Connor looked up at his but rather the length of our deployments. I hope you read this and understand where daddy and smiled as if Matt had been a phys- You see, the ARMY is the only branch that I am coming from, and realize I speak for a ical part of his life for all eight months. will always deploy with a full 12 month rota- number of Soldiers, Sailors, Marines, Air- I cried. Then I laughed. Then I smiled. tion in deployments. Other branches have men, and Coast Guardsmen who have fallen Then I shed another tear. been cut to 6 months or even 3 months. I do into this horrible ordeal. We hugged, we kissed, we stared at the realize there are certain elements in the Thank you sir for your time. beautiful life we had created together. other branches that serve a 12 month rota- MATTHEW BAEZA, And when it was all said and done and our tion like the ARMY. SGT, EN Supply Sergeant. run-leap-hug maneuver was complete, we The issue I have is that 12 months isn’t walked out of that AHA, hand in hand, with that difficult to pull the first time. But into [From the Fairbanks Daily News-Miner, Dec. our worlds once again connected and our your second and third deployments (some 8, 2006] love once again in tangible form. soldiers serving 4 deployments back to back) A HERO, HOME AT LAST There’s no more counting down the days it starts to break the backs of even the (By Michelle Cuthrell) ‘‘until they come home.’’ strongest of families. Children are seeking My hero is home, and my life is once again After spending 24 hours a day for seven counseling as young as 3 or 4 years old due to complete. days a week for four weeks a month for 16 the absence of their parents, and if a mar- months of deployment learning how to wait, I want to read the e-mail that I got riage survives, most end up seeking help you’d think small increments of time like an from Sergeant Baeza, a soldier who is from chaplains or marriage counselors. Is hour and a half would just fly by. from El Paso, not assigned to El Paso, that how we want our Service Members and But standing in that Alert Holding Area on but is from El Paso: their families to live? Fort Wainwright Tuesday night, 90 minutes Out of a 5 year marriage, I will have been ‘‘Hello, sir, my name is Sergeant felt like an eternity. Matthew Baeza. Currently I am de- absent 3 years, and will only have known my I guess patience isn’t exactly in large sup- son for 9 months, when I return days from ply when you are anticipating the imminent ployed in Iraq in support of Operation his 3rd birthday. My marriage along with return of your husband from Iraq. Iraqi Freedom. I am an El Paso native, hundreds of other service members are Standing amid the other moms and dads and I have not been too big on politics, quickly ending due to the amount of time and spouses and children who were also im- although I did my fair share of Demo- absent from home. patiently awaiting the arrival of loved ones, I am not sure if surveys have been per- cratic rallies with my father, Luis I found myself fidgety. Baeza, when I was in high school. I formed, but I can almost guarantee you the I picked up Connor and then put him back percentage of divorces have multiplied at an down every five minutes, and I must have re- have met you on several occasions exponential rate. But yet talks of cutting adjusted the belt and buttons on my black through my father, as well as when we down deployments have been in the works and red welcome home dress at least 50 met on the steps of the Senate when I for year but no progress has been made. times. was on a high school trip to D.C. in The vast majority of Armed Services mem- Every moment felt like another extension 1999. bers are proud every day to put on our uni- and every minute felt like another deploy- ‘‘My concerns are brought forward form and help others who cannot help them- ment. I talked a million miles a minute, and selves. But at what cost? At the cost of los- wholehearted. They do not concern El I must have asked my friend at least 20 Paso, but it does concern El Pasoens ing the ones we love. And at the end of it all times if the soldiers had left Eielson Air we cannot place blame on our spouses, for Force Base yet to head to Fort Wainwright. all over the country who serve in the they have been holding on longer than most I detested the anticipation. military and who are deployed in the could ever imagine. I had so many emotions built up inside theatre of operations. Our spouses run multiple lives as my wife from 16 months of missing my husband like 1900 does. As a professional writer and reporter crazy and was experiencing this physical b for the Anchorage Daily Newspaper, a moth- longing stronger than anything else I’d ever ‘‘Many of us in the military believe er, FRG (Family Readiness Group) Leader, known to just touch him, hug him and hold in what we do and feel our mission here and as a military spouse, my wife, she has a him. is warranted. The issues are not lot to deal with. Bills, care for our child, her Which is maybe why, when the Army band against our deployments, but rather work, and dealing with my calls home began to play and those three magic garage whether they be happy or sad. It is simply doors simultaneously began to open, I broke the length of our deployments. You too much to ask from anyone. down into tears. see, the Army is the only branch that My wife is as strong as they come, but with I cried as the nearly 200 soldiers dis- will always deploy with a full 12-month the last 3 years her patience has worn ex- embarked the buses that transported them rotation in its deployments. Other

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE February 15, 2007 CONGRESSIONAL RECORD — HOUSE H1735 branches have been cut to 6 months or ‘‘But rather try for the ones closest Let the generals run the war; you even 3 months. I do realize there are to us, my son, and my wife, but when guys handle immigration. Well, listen- certain elements in other branches they are gone who is it for? Every day ing to this debate, perhaps we should that serve a 12-month rotation like the I am here I tell myself I do this for just turn the running of the war over Army. Nonetheless, the Army uses a them. And others feel the same way. I to Congress. Unbeknownst to America, 12-month rotation. am not asking you to change the way apparently the most brilliant, articu- ‘‘The issue I have is that 12 months is things are, but rather voice your opin- late military strategists have to be not that difficult to pull the first time. ion and raise the flag for those of us here in Congress. But a word of caution But into your second and third deploy- that cannot, with your reputation and to my fellow MacArthurs and Pattons. ments, some soldiers serving with me your influence, in helping us cut our It is easy to run a war when you are back to back four times, it starts to deployments to shorter periods. 6,000 miles from Baghdad and hold a break the backs of even the strongest ‘‘We are not asking to leave Iraq or microphone for a gun. of families. Children are seeking coun- Afghanistan, but rather to cut time There can be only one Commander in seling as young as 3- or 4-years-old due away from home. When you start Chief. The moment Congress begins to the absence of their parents. stacking deployments on top of each interfering in battlefield decisions is ‘‘And if a marriage survives, most other, families get broken. When that the moment we are assured of losing end up seeking help from chaplains or happens you get servicemembers who this war and that moment is dan- marriage counselors. Is that how we cannot perform. gerously near. ‘‘At what cost when your life is fall- want our servicemembers and their I support this surge. If our military ing apart? families to live? Out of a 5-year mar- leaders and the Commander in Chief riage, I will have been absent 3 years ‘‘Signed, Sergeant Baeza.’’ Madam Speaker, that is what we are need these extra soldiers, I am behind and will only have known my son for 9 them 110 percent. Am I certain the months when I return in a few days for doing to our military families. That is what this resolution is about. It is surge will work? No. But I am certain his third birthday. the consequences of failing in Iraq will ‘‘My marriage, along with hundreds about having the Iraqis accept responsibility for their own country and for ultimately cost us many more innocent of other servicemembers are quickly lives and a much darker future, not ending due to the amount of time ab- their own responsibility and taking care of themselves. That is why we are just for Iraq but for my family and sent from home. I am not sure if sur- yours. veys have been performed, but I can al- doing this Mrs. WILSON of New Mexico. Madam In Iraq and Afghanistan we are in a most guarantee you the percentage of Speaker, I yield 51⁄2 minutes to my col- battle of wills. Should America retreat, divorces has multiplied at an expo- league from Texas (Mr. BRADY). should we withdraw prematurely, we nential rate. Mr. BRADY of Texas. Madam Speak- will not only cement our reputation as ‘‘But yet talks of cutting down deer, watching television late last night I a Nation that talks big and acts boldly, ployments have been in the works for was reminded of the vivid contrast be- but at the first sign of difficulty shows years, but no progress have we seen. tween Congress and the war on terror. no will, no backbone, no strength to The vast majority of armed services On the one channel I watched Members keep our word. members are proud every day to put on of the House theatrically debating this The world saw our lack of will in our uniform and help others who can- nonbinding, that means pretend, reso- not help themselves, but at what cost? Vietnam, they watched us run from So- lution, while the other channel showed malia, and today they see our back- At the cost of losing the ones we love, an American chopper hit by a rocket- and at the end of it all we cannot place bone disintegrate over Iraq. They propelled grenade and billowing black watched us for a quarter of a century, blame on our spouses. For they have smoke, falling in the death spiral to been holding on longer than most could we wished away the terrorist attacks the ground, killing all American sol- in Khobar, the USS Cole, and the first ever imagine. Our spouses run multiple diers aboard. lives, as my wife does. As a profes- World Trade Center bombing. Tonight our soldiers face real bullets Finally it hit home and already some sional reporter for the local newspaper, and real explosive devices; we debate a in Congress are flying the white flag. a mother who is raising a family on her pretend resolution. I wish I could say Think. Nations like Iraq and Afghani- own, as a military spouse, as my wife, this is merely a waste of time, but it is stan who oppose terrorism are faced she has a lot to deal with. Bills, care far more damaging than that. As Lin- with a choice. They can live with ter- for our child, her work, and dealing coln warned, a house divided itself can- rorists among them or live in a free so- with my calls from home, whether they not stand. Yet today our Congress ciety with the protection and the back- be happy or sad. It is simply too much stands divided for all the world to see. ing of the world’s greatest democracy. to ask from any one person. Our enemies are smiling and our sol- That is us. With their lives and the fu- ‘‘My wife is as strong as they come, diers are sick at heart. but with the last 3 years, her patience Don’t take my word for it. Let me ture on the line who will they choose? has worn extremely thin. With us being read you an e-mail I received this week Is it not sad that today the world has away from home, many wives end up from a decorated Army soldier who just about decided that America will leaving their husbands, searching for a served in the gulf war and again in Iraq not keep its word, America cannot be better life, or long-needed affection on this war on terror. counted on? without a phone, or even to become He writes: ‘‘The troops support the Terrorists know that while they can their own person again. mission, support the President, and never hope to defeat our military on ‘‘My wife told me something the support the surge. We are moving the the battleground, they are assured if other day that really hit me.’’ And he brigade out of here soon. I cannot be they just hold out, they can defeat us quotes his wife: ‘‘ ‘No one knows who more adamant about the fact that par- in Congress one opinion poll at a time. you are. They know Megan and they tisan politics is hurting the mission This is a test of wills, and whether we know Dominic, and the guy that keeps and the morale. We want to win the got here for the reason you agree with calling on the phone.’ That is who we war not the White House.’’ or not, it is a test. I believe we are here have become to our families, just a I fear that some see that in the other for the right reasons, and it is incred- voice on the phone. order. The troops want to complete ibly naive to believe that all of the ter- ‘‘I am not asking to get out of this this mission. Congress wanted a change rorist organizations in the world were conflict. We are doing well here. Plus in the strategy, they got a change, now conveniently gathered in Afghanistan, the friends I have lost here would have they don’t want to support the change. like a Rotary Club. died in vain. I cannot have that on my That is exactly why Vietnam vets com- We are wrong to pursue terrorist safe conscience. We are accomplishing here, plained about politicians not allowing havens other than those that harbored but we are losing our families over it. them to win. And this is not Vietnam al Qaeda on the some wobbly theory we We don’t try to save the world, at least all over again, but the politicians are should not pursue drug cartels other I don’t. That is too much to ask of one making the same mistakes they did than the ones we believe smuggled in person. back then. the drug that destroyed your child.

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE H1736 CONGRESSIONAL RECORD — HOUSE February 15, 2007 Due to technology and financing, ter- question that was raised from the very sion, as I speak, while we here in the rorists are not limited to states and re- beginning when we went into this war, Congress are condemning them. gions, and we have to pursue them. But and when we raised it in the Armed It amazes me that at the same time whether or not you agree with how we Services Committee. This war and the General Petraeus was confirmed by the got here, we are there in Iraq. And the reckless strategy behind it have cost us Senate, this resolution was introduced nation of Iraq and our Nation have ev- Americans some $532 billion, and over condemning his counterinsurgency erything riding on the line. Elimi- 3,100 American lives, as well as over plan for victory. nating Iraq as a safe haven for financ- 3,000 serious injuries. Never in our history has this country ing, training terrorist groups in the It has resulted in increased sectarian sent a war leader into battle, while Middle East is a mission we must com- violence and an uncertain future in condemning the very mission that he plete for our sake. Iraq. Madam Speaker, I think most of and the Armed Forces will be leading. Thomas Edison once observed many us here know that we need a new direc- Make no mistake, this resolution is of life’s failures are people who did not tion, and a new direction is justified. I the first step towards cutting off fund- realize how close they were to success can assure you that the American peo- ing for our troops. As a consultant to when they gave up. If we fail in Iraq, ple want a new direction. the Iraq Study Group, I supported the we sentence our children to a lifetime But what the President has offered to findings that failure is not an option, of fear, of fear of going to the mall them is more of the same. The Presi- and that a troop surge is necessary for safely, going to work each morning and dent is now asking for a massive esca- security and stability. I also supported returning home safely, the fear of lation of over 20,000 troops. The esca- the recommendation that a political going with friends to a sports stadium lation plan will not work, just like the and diplomatic surge is essential for without being torn apart in an explo- previous troop surges that we have had peace. sion. have not worked. Madam Speaker, the The time for evaluating the success If we believe the price of war is high, American people have asked and have or failure of this endeavor will come wait until we endure the price of terror had enough. And with an up-and-down soon enough, but now is not the time here in America. Our soldiers are giv- vote on this resolution, this Congress to be sending a message to friend and ing their blood, what are we giving will not only send a message to the foe alike that we no longer believe in them? A resolution. President regarding his misguided pol- the mission. Mr. SPRATT. Madam Speaker, I icy, but also send a message to the But many in this country and many yield 5 minutes to the gentleman from American people that their Congress is in this Chamber insist it is in Amer- Texas (Mr. RODRIGUEZ). listening, it is here, and it is calling for ica’s interest to surrender and retreat Mr. RODRIGUEZ. Madam Speaker, I a new direction. from our obligation to help Iraq build a rise today in strong support of this bi- I oppose this escalation plan because stable democracy. They say that, partisan resolution that expresses dis- more troops in combat means more knowing full well the consequences of approval of the President’s escalation casualties and more loss of American an early American withdrawal. of troops in Iraq. In October of 2002, I lives. I have been to Walter Reed Med- And what are those consequences? stood on this floor in this House and ical Center, and I have seen our injured Chaos, instability in the region, and, in voted against giving the President au- young men and women coming back al Qaeda’s own words, a threat that thority to wage war in Iraq. And I did from the battlefield. I have seen the America has never seen before. so because I strongly believed that sacrifice of what this war has done to Recently, the ambassadors from Jor- Congress should not abdicate its war our families and our loved ones. dan, Egypt and Saudi Arabia told me powers and hand over to the President Earlier this week, my office was vis- that ‘‘if the U.S. fails here, it will be a blank check on the war. ited by Mr. Jim Goodnow. He is a vet- catastrophic. We are in this together. I also recognized, having served on eran from my district and an active They will come after us and then they the Armed Services Committee and on member of the Veterans for Peace. Mr. will come after you.’’ And then they the Terrorist Task Force prior to 9/11, Goodnow has traveled all over the will come after you. that the evidence was not there. I may country from his home base in Recently, after meeting with them, I not agree with how this war has been Terlinqua, Texas, aboard his bus had to say to myself, how will history handled, but I, along with everyone dubbed the Yellow Rose. He has been then judge us; that when we stood at here and all of my colleagues on both spreading the message of peace for the brink, we chose retreat over ad- sides, firmly stand by our troops. It is many years. vancement, surrender over victory, and our servicemen and -women who are Mr. Goodnow is not alone. And with defeatism for our children and for fu- making a great sacrifice on the battle- this resolution we want to make it ture generations? field on behalf of all of us here in this clear that this Congress and America Let us remember the words of Presi- Chamber and everyone across the and the American people have had dent Kennedy, when he said: ‘‘Let United States. enough. No more blank checks, no every nation know, whether it wishes And they, the troops, all deserve our more violence, and no more escalation. us well or ill, that we shall pay any unequivocal support. This war is cre- price, bear any burden, meet any hard- ating a new generation of veterans and b 1915 ship, support any friend, oppose any a new generation of needs for them. Madam Speaker, it is time that we foe, to assure the survival and success Today, over 25,000 both dead and stand by our country and stand up for of liberty.’’ wounded have been reported, while this our troops. I strongly urge my col- Where is the party of President Ken- body continues to appropriate billions leagues to support this bipartisan reso- nedy today? This resolution sends a of dollars to the administration for lution. clear message across the Islamic jihad this war. Mrs. WILSON of New Mexico. Madam world that we will not bear any burden, Let us remember our veterans and Speaker, I am pleased to yield 5 min- that we will not oppose any foe, that the cost to fulfill the promise that we utes to my colleague from Texas (Mr. we have lost our will, that they have have made to them for medical care. MCCAUL). won, and that they can come and they Today, the issue is not whether we Mr. MCCAUL of Texas. Madam can get us. were right or wrong to grant the Presi- Speaker, I rise today in support of our I believe Abraham Lincoln summed dent such broad authority in regards to troops and in support of victory in it up best by saying that from these this war in Iraq, but instead how he has Iraq. honored dead we take increased devo- exercised that power, what the results It is hard to ignore the inconvenient tion to that cause for which they gave have been, and what his plans are for truth that this ill-timed measure will the last full measure of devotion, that the future. aid the terrorists and depress the mo- we here highly resolve that these dead We have now entered the fifth year of rale of our soldiers who are fighting to shall not have died in vain. this war. And I ask you, what progress defeat them. It also sends a wrong mes- As Members of Congress, the most so- have we made? What is our exit strat- sage to our troops at exactly the wrong bering job that we have is to comfort egy? It is not a new question. It was a time. They are carrying out their mis- the families left behind in a time of

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE February 15, 2007 CONGRESSIONAL RECORD — HOUSE H1737 great loss and a time of war. I have supported the findings that a troop surge is As Members of Congress, the most sober- stood by, like many of my colleagues, necessary for security and stability. I also sup- ing job we have is to comfort the families left to honor those who have paid the ulti- ported the recommendation that a political and behind in a time of great loss, in a time of war. mate sacrifice for freedom. We all diplomatic surge is essential for victory. I have stood by, like many of my colleagues, stand here today indebted to those But many in this country, and many in this to honor those who have paid the ultimate brave Americans and their families. chamber, insist it is in America’s interest to price for freedom. We all stand here today in- And because those heroes and those surrender and retreat from our obligation to debted to those brave Americans and their families cannot speak on the floor of help Iraq build a stable democracy. They say families. They are true heroes. the House, I would like to share some that, knowing full well the consequences of an Because those heroes and their families of their words here with you today. early American withdrawal. cannot speak on the Floor of the House, I And these are the words of Janet Nor- And what are those consequences— would like to share some of their words today. wood, a constituent, a Gold Star Moth- Chaos. Instability in the region. A threat that These are the words of Janet Norwood, a con- er, whose son, Byron, was killed in America has never seen before. A threat that stituent and Gold Star Mother, whose son Fallujah while serving in Iraq. And she we will not be able to blindly put our head in Byron was killed serving in Iraq. She said: said: In the past I have always had the sand and wish it to go away. In the past, I have always had great hope great hope for this country. But, for Al Qaeda has openly said that they consider for this country, but for the first time, dur- the first time, during the State of the Iraq the central front in the ‘‘Third World War.’’ ing the State of the Union Address last Their goal is to create a Caliphate with Bagh- month, I had real doubts about our winning Union address last month, I had real this War on Terrorism. When President Bush doubts. I had doubts about our winning dad as its capital. Their plan is to then con- used the word ‘‘victory’’ and only half of the this war on terrorism. She said, When quer the rest of the world and force all human- room stood to applaud, my heart sank. It President Bush used the word ‘‘vic- ity to submit to Radical Islam. was obvious to me at that moment that tory,’’ only half of the room stood to The National Intelligence Estimate released party affiliation was more important to applaud. My heart sank. It was obvious last month stated, ‘‘If Coalition forces were some than victory over evil and the sacrifice to me at that moment that party affili- withdrawn rapidly... this almost certainly our son and others have made. ation was more important to some would lead to a significant increase in the To Janet and all of the other Gold Star than victory over evil and the sacrifice scale and scope of sectarian conflict in Iraq.’’ Mothers, I say, ‘‘I couldn’t agree more.’’ As our son and other sons have made. Our allies agree. The Ambassadors from President Lincoln once said, ‘‘A House Divided Well, to Janet and all the other Gold Jordan, Egypt and Saudi Arabia recently told Cannot Stand.’’ Star Mothers, I say, I couldn’t agree me, ‘‘If the U.S. fails it will be catastrophic. We Mr. SPRATT. Madam Speaker, I more. And as Abraham Lincoln said, a are in this together . . . they will come after yield five minutes to the gentleman house divided cannot stand. us and then they will come after you.’’ from Massachusetts (Mr. TIERNEY). Mr. TIERNEY. Madam Speaker, in September 11 changed our lives forever. How will history judge us then? That when just a few weeks, America will begin But the war on terror started long before that. we stood at the brink we chose retreat over its fifth year in the Iraq conflict. In The year 1979 changed the world. When Iran advancement, surrender over victory, and de- that time, 3,117 members of the United took our embassy hostage, the seeds of Is- featism for our children and for future genera- States military have died, and over lamic jihad were spread all over the Middle tions. 23,000 American soldiers have been in- East. Let us remember the words of President jured. $532 billion has been appro- These seeds planted hatred and contempt Kennedy when he said: priated by Congress or requested by the for freedom in the souls of men like Osama Let every nation know, whether it wishes us well or ill, that we shall pay any price, administration. bin Laden. In 1983, they murdered our ma- You only need to talk or read letters rines in Beirut. In 1993, Ramzi Yousef and his bear any burden, meet any hardship, support any friend, oppose any foe to assure the sur- from many of the returning military al Qaeda associates bombed the World Trade vival and the success of liberty.’’ personnel or their families to under- Center. They were supposed to fall that day, Where is the party of President Kennedy stand that the mission in Iraq is un- but that day would come later. today? This resolution sends a clear message clear and the goals remain undefined. They struck the Khobar Towers in 1996. across the Islamic Jihad world—that we will Our men and women are not certain if They bombed our embassies in Africa. They not bear any burden—that we will not oppose they are fighting Sunnis or Shiites, defeated us in Somalia. And they deliberately any foe—that we have lost our will—that they and often it depends on where they are attacked the USS Cole. in order to determine the answer to Each time we failed to respond. And then have won—that they can come and get us. We are better than that. that dilemma. In essence, our military came September 11. It was as if the United We are Americans—the same Americans personnel are in the midst of a civil States was a sleeping giant. And not until the who defeated the most powerful country in the war, the flames of which were fanned bloodiest alarm of 9/11 did the giant finally world at the time to win our independence. by centuries-old animosities. awake. And America cannot afford to go back We are the same Americans who defeated This week Congress has been address- to sleep again. Fascists in Japan, Germany and Italy. ing a resolution that reiterates its sup- ‘‘It is hard to ignore the inconvenient truth We are the same Americans who defeated port for the troops and states clearly that this ill-timed measure will aid the terrorists the scourge of the Soviet Union, liberating mil- its opposition to escalation. and depress the morale of our soldiers who lions more. The first point could easily go are fighting to defeat them.’’ It also sends the Now we face yet another challenge—defeat- unspoken. After all, we are exercising wrong message to our troops at the wrong ing the jihadists and an ideology of hate. But the very freedom of speech and debate time. They are carrying out their mission as I our colleagues on the other side of the aisle that our Constitution requires, the speak, while we here in Congress are con- say ‘‘We will support the War on Terror, ex- public demands, and our men and demning it. cept where the terrorists have chosen to fight women in uniform serve to protect. The time for evaluating the success or fail- it.’’ The second point of the resolution ure of this endeavor will come soon enough, Our previous struggles were not easy, they speaks to the clear determination, as but now is not the time to be sending a mes- were hard and required great sacrifice. Yet all evidenced on November 7, 2006, that sage to friend and foe alike that we no longer of these challenges were met, and victory was America does not support the Presi- believe in this mission. won, and the world is a better place because dent’s planned escalation of this con- It amazes me that just as General Petraeus of it. This struggle is the same. If we give up flict. was confirmed by the Senate, this resolution now, we betray not just the Iraqi people, and Three previous troop buildups have was introduced condemning his counter-insur- not just our place in history, but those who already proven unsuccessful. In the gency plan for victory. have paid the ultimate sacrifice. first, from November 2004 to January ‘‘Never in our history has this country sent I believe Abraham Lincoln summed it up 2005, troop levels in Iraq increased by a war leader into battle while condemning the best by saying: about 18,000 troops. They did that in mission that he and the armed forces he will . . . that from these honored dead we advance of the Iraqi elections held on be leading have been asked to complete.’’ take increased devotion to that cause for January of 2005, and the number of Make no mistake; this resolution is the first which they gave the last full measure of de- daily attacks by insurgents rose to 61 step towards cutting off funding for our troops. votion—that we here highly resolve that from 52 the previous month, an in- As a consultant to the Iraq Study Group, I these dead shall not have died in vain... crease of 17 percent.

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE H1738 CONGRESSIONAL RECORD — HOUSE February 15, 2007 On the second troop buildup, from That action, I sincerely hope, will be The Commander in Chief, the bipar- June 2005 to October 2005, troop levels followed by action which will prohibit tisan study group, and General increased by approximately 21,500, and the use of Federal funds to increase the Petraeus offer a new way forward. This the number of daily attacks by insur- number of troops above the number ex- resolution offers the status quo. The gents in October of 2005 rose to 90, from isting in Iraq on January 9, 2007. status quo is a mandate to fail and be- 70 just 2 months earlier, an increase of The large majority of Americans are gins the chain of events that lead to a 29 percent. waiting for action by this Congress to precipitous withdrawal from Iraq and And the third troop buildup occurred insist that we begin redeploying our all the consequences that would inevi- from May 2006 to November 1 of 2006 troops from Iraq and complete that re- tably follow. when U.S. troop levels in Iraq in- deployment as quickly as possible in a And what would those consequences creased by approximately 17,500 troops, measure done in months, not years. be? and the number of daily attacks by in- In essence, this week’s action should Withdrawal makes the young Iraqi surgents in October of 2006 rose to 180, be the beginning of a relatively short democracy vulnerable to takeover by from 100 just 4 months earlier, an in- process, culminating in the redeploy- extremist elements that hate America. crease this time of 80 percent. ment of American troops from Iraq, What would withdrawal mean for the Now the President says he want to and energizing diplomatic efforts and stability in the Middle East? change course, but once again he pro- international efforts to stabilize that What would generations of Iraqis be- poses to only stay the course as he nation and ensure its security, while it lieve, that Americans will quit before seeks to send in more personnel, and provides for a platform to redirect the the job is done? we still wait for the Iraqi forces to necessary attention to the unfinished Who will fill the void of our strength, stand up. business of Afghanistan and focus, al Qaeda, Syria, or a country like Iran Madam Speaker, 132 of my colleagues Madam Speaker, our efforts on ter- that threatens regional stability and I exercised the correct judgment in rorism, both short term and long term. through an aggressive nuclear pro- October of 2002 when we voted against I urge my colleagues, Madam Speak- gram, that supports terrorist groups the war in Iraq. We recognized then er, to support this resolution and take like Hezbollah, and that possibly sup- that this administration’s claims that what I expect will be the first step in plies weapons to insurgents killing our charting a new course in Iraq. Saddam Hussein posed an imminent troops? Mrs. WILSON of New Mexico. Madam and direct threat to the United States Withdrawal only strengthens ter- Speaker, I am pleased to yield 5 min- were hyped up and many rightly fore- rorist groups fighting the United utes to my colleague from California saw that an American occupation of States and demoralizes our American (Mr. MCCARTHY). Iraq would, as one colleague recently Mr. MCCARTHY of California. troops. said, be of undetermined length, of un- Madam Speaker, I thank the I may be new to this House, but I rec- determined cost and undetermined con- gentlelady for yielding and for her ognize when a simple, nonbinding reso- sequences. service to the country. lution has potential to do great dam- Tragically, this administration was Madam Speaker, I rise today in a dif- age to our Nation and to our men and not deterred. It has been flat wrong on ferent position than the majority of women in the military. pretty much all of its pre-war and sub- this body. You see, I am one of the 54 I believe that, by voting for this reso- sequent judgments with respect to newly elected Members of this Con- lution, the House will send a demor- Iraq, with its questionable use of intel- gress. We did not have the opportunity alizing message to our service men and ligence, its failure to plan, and its fail- to debate and vote on the authority to women who are courageously imple- ure for far too long to protect our use military force in Iraq. menting this strategy. By voting for troops once they were there. Madam Speaker, I want to have an this resolution, the House will We knew then what has become pain- honest debate, not for political gain strengthen our enemies and tell them fully obvious since, that rather than and not one that questions anyone’s that the end is near; that the Congress open a new front and destabilize a new patriotism, because I believe everyone will continue to undermine our Com- area in Iraq, we should have secured in this body wants to move this coun- mander in Chief, our military com- Afghanistan and addressed terrorism at try in the right direction. manders, like General Petraeus and its source as it was embodied by Osama But I believe the right direction our troops, by cutting funding or de- bin Laden and others. The proposed es- means that we move forward, not back- manding further retreats. calation is not the answer. wards. On this floor today is a non- b 1930 Why, after such a debacle and such a binding resolution that I believe moves dismal record, would this administra- us backwards. This resolution offers no By voting for this resolution, the tion even think to follow the advice of hope to the American people. It offers House will snuff out the hope of democ- the same people that got us into this no plan of action, no new strategy with racy that millions of Iraqi people have. situation in the first place? the prospect of achieving success. By voting for this resolution, the The proposed surge or escalation is A lot has changed since last Novem- House will begin a process that leads to as baseless as was going into Iraq in ber’s election. We have a new Defense the creation of a dangerous power vac- the first place. Secretary, recommendation from the uum in Iraq to be potentially filled by The latest National Intelligence Esti- bipartisan Iraq Study Group, and a new those who mean America great harm. mate, even that part that is unclassi- general, General David Petraeus. He I ask the Members to join with me in fied, which I would imagine or specu- will lead our troops on the ground in voting ‘‘no’’ on this resolution. late certainly puts the administra- Iraq. Mr. SPRATT. Madam Speaker, I tion’s best foot forward, states that We have a new plan, a new way for- yield 5 minutes to the gentleman from even if violence is diminished, Iraq’s ward that addresses the problem of se- New Mexico (Mr. UDALL). absence of unifying leaders makes a po- curity in Iraq through a strategy that (Mr. UDALL of New Mexico asked litical reconciliation doubtful. requires more ground power. This rein- and was given permission to revise and Not enough capable Iraqi troops are forcement of troops is recommended by extend his remarks.) showing up to fight. Not enough armed the study group, and we will also hold Mr. UDALL of New Mexico. Madam vehicles are available to protect the the Iraqi Government accountable to Speaker, I rise today in support of this new American deployments. The State establish and preserve the peace. important resolution and with great Department cannot recruit enough Our Commander in Chief, the mili- hope that this debate and vote will sig- civil officials to manage the latest tary commanders, and our troops be- nal an important step towards the end push to turn up the electricity in Iraq lieve we can still achieve stability in of the Iraq war, a war so ill-conceived, or to help with reconstruction. Iraq. so ill-planned for, and so ill-executed And so Congress must, and I think But this resolution would be the first that it has cost our Nation almost $400 they are going to this week, pass a res- step in gutting the very resources nec- billion, ignited a civil war, and further olution that reiterates our support to essary to achieve success. This resolu- destabilized an already fragile Mideast our troops and opposes the escalation. tion offers nothing. region. Most importantly, this war has

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Let me just say, as Chair of the Vet- Madam Speaker, on both of these Last year, after visiting Iraq, I called erans’ Affairs Committee of this House counts, the President has failed our for a phased redeployment by the end of Representatives, no matter where we soldiers. of 2006. That time has come and gone. stand on this war, no matter where we It is time for us to redeploy our Today I call on the President to finally vote on this resolution, we are going to troops and redeploy them now. We have listen to the American people. Today I make sure that the brave young men an opportunity to send a loud and reso- call on the President to finally listen and women who come home get all the lute message to the President that his to the Congress. It is time to move our care and all the support they need from misguided judgment must cease, this troops out of the middle of this civil a grateful Nation. We will show what war must now be subject to intense war. support of the troops means when they scrutiny and accountability by this I urge my colleagues to support this do come home. Congress; and that he must heed the resolution and send a clear message to Now, those who voted for the war will of the American people, the over- the President that the time for this back in 2002 are sometimes asked, whelming majority of whom now war is over Knowing then what you know now, how strongly disapprove of his handling of Mrs. WILSON of New Mexico. Madam would you have voted? this war. Sadly, however, this Presi- Speaker, I am pleased to yield 3 min- Well, Madam Speaker, we knew then dent is tone-deaf when it comes to the utes to my colleague from Florida (Mr. what we know now, and we know now most pressing issue of the day. MARIO DIAZ-BALART). what you are going to know a year or For the past 4 years, the President Mr. MARIO DIAZ-BALART of Flor- two from now. repeatedly stated that troop strength ida. Madam Speaker, whether you are Let me read to you what I said 41⁄2 in Iraq would come from recommenda- for or against the war in Iraq, whether years ago when we had the debate on tions by generals on the ground. Yet by you think the administration has done Iraq: ‘‘I rise in opposition to this reso- moving forward with his escalation a good job or not, none of that, Madam lution to grant unilateral authority to plan, the President is ignoring solid Speaker, is the subject of this resolu- the President. I cannot believe that the military advice. General Abizaid, tion. The issue that we are here debat- Members of this body are ceding our CENTCOM commander, stated: ‘‘I do ing now is whether or not we support constitutional authority to this Presi- not believe that more American troops the reinforcements that the Com- dent. And they can give me all the right now is the solution to the prob- mander in Chief has sent to Iraq. fancy whereases and phrases and put lem. I believe that the troop levels At the request of the commanders on all the fig leafs and write all the report need to stay where they are.’’ Addi- the field, the Commander in Chief language they want, but this is a blank tionally, according to various reports, made the decision to send the re- check. This is a Gulf of Tonkin resolu- General Casey repeated to the NSA Di- quested reinforcements to Iraq. Many tion. This is a violation not only of our rector his warnings that to send more of them are already there, Madam Constitution but will lead to a viola- troops to Iraq would be counter- Speaker. Those fine men and women tion of the U.N. charter. productive. He believed it might make have already been sent to Iraq. ‘‘Wake up, my colleagues. Why would the Iraqi Government less likely to de- The tragic effect of this resolution is anyone vote to do that? That is not our fend itself. to sabotage the morale of our troops constitutional responsibility. And That concern was shared by the Iraq and to broadcast to our enemies that when we vote on this resolution, will Study Group. In one of their rec- Congress does not support our soldiers’ America be safer? No, I think America ommendations they stated that the mission. will be less safe. We will dilute the war Iraqi Government must make substan- Our Nation’s troops are the bravest against terrorism. The destabilization tial progress on national reconcili- and most dedicated men and women on of the area will lead to the increased ation, security, and governance. With- this Earth. They are risking their lives probability of terrorists getting nu- out progress, we should reduce our po- every single day to preserve our free- clear weapons. Al Qaeda is probably litical, military, and economic support dom and to ensure the safety of all cheering the passage of this resolution. for the Iraqi Government. Americans. They are not letting us Now is their chance to get more weap- Tragically, the Iraqi Government has down. We cannot let them down. ons.’’ I said that then. shown no progress on any of these Again, Madam Speaker, the issue Then we talked about the imminent fronts. We must not be a security blan- here is not whether you support or you threat. You guys threw the imminent ket for an ineffectual government. But oppose the war. It is whether you sup- threat at us. What a lie. And what are the President’s escalation plan is export our troops. you saying now? We are emboldening actly that, asking little of Iraq’s Gov- Every American, Madam Speaker, our enemies and demoralizing our ernment while putting the lives of our every American should agree that it is troops. I heard the word ‘‘sabotage.’’ I soldiers squarely in the crosshairs of in our Nation’s best interest to ensure heard the word ‘‘retreat.’’ Sunni extremists and Shiite militias. that Iraq does not fall into the hands of I will tell you what demoralizes our Many in the military leadership have terrorist groups or of a terrorist state troops, my colleagues. What demor- stated that the solution to the Iraqi like Iran. The consequences of that alizes our troops will be the failure to quagmire at this point must be 80 per- happening, the consequences of that provide adequate health care when cent political and 20 percent military. happening, would be catastrophic for they get home. What demoralizes our This escalation plan is 100 percent the region, for our allies in the area troops is the story of just a couple military with no significant political such as Israel, Afghanistan, Jordan, weeks ago when a young marine went breakthroughs either having been Egypt, and others, and for the United to a VA hospital in Minnesota suffering reached or even on the horizon. Rather States of America. We cannot pretend, from PTSD, and they said, You have than implement a rigorous diplomatic we cannot pretend, that this ill-timed got to go on a waiting list. And this strategy, the administration has in- resolution expresses anything other young man committed suicide. That is stead begun escalating the rhetoric than a rejection of our troops’ mission. what demoralizes our troops. That is with Iran, causing many people Our troops deserve much better than what we have to prevent here, and that throughout the Nation and the world this. What our troops deserve, Madam is what we are working on to do. to fear another misguided military ac- Speaker, is our unwavering support. I I said back in 2002: ‘‘I have heard all tion. refuse to let them down, and that is my colleagues on the other side calling Our soldiers have done everything why I will be voting against this reso- us appeasers, those who are going to that has been asked of them, and more. lution. vote against this resolution. We are

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE H1740 CONGRESSIONAL RECORD — HOUSE February 15, 2007 wishful thinkers. We have our eyes left now the results would be cata- motivating them patrol after patrol, closed. We sit on our hands.’’ And, of strophic. I want those Arab countries bad morale can bring down even the course, now we want to cut and run. to impress upon the Sunnis and the toughest warrior. As a Vietnam vet- Well, I tell you, Madam Speaker, no Shias the absolute need to work for eran, trust me, it cuts deep. Regardless one on this side is suggesting cutting peace now. I want the United States to of where you stand on the current war and running. Making peace is hard actively engage in diplomatic efforts on terror, troops get the message that work. Just ask Dr. Martin Luther with all Arab nations. There is no more they are wasting their time when poli- King, Jr. Ask Gandhi. Ask Nelson time for delay. I want the Iraqi mili- ticians and citizens make headlines Mandela. They didn’t cut and run. tary to step up and take over combat criticizing military action.’’ They were peacemakers. And they operations, to be the tip of the spear, Madam Speaker, I include the entire changed the history of this world. and for our troops to shift our mission letter for the RECORD. So let us not hear talk of retreat and to training and support. I want to see TO THE EDITOR: Men and women are risking sabotage and surrender. We want ac- the Iraqi Government stand strong their lives in the Middle East trying to re- tion for peace. We want it now, and we where every group feels respected and store peace to an oppressed population. Their want the United States to be part of protected and all feel they have a fu- military gear and encampment offer some that action. ture of hope. protection, but the threat of life-changing I said also in 2002, Madam Speaker: physical and mental wounds is constant. So b 1945 is the challenge to always be mission-ready, ‘‘There is a whiff of Vietnam in the air. There is no time for delay. prepared to make life and death decisions in I had a constituent call me and say, a split second. A grueling situation for sure. ‘You know, if you enjoyed Vietnam, I also want Republicans and Demo- However, even with their pride, honor and you are really going to love Iraq.’ The crats to sit down together and discuss dedication motivating them patrol after pa- mail is running 10–1 against this war. how to make these things come to fru- trol, bad morale—especially when fueled Protests have already begun around ition. I want us to review the rec- back home by demonstrations and political the Nation and around the world.’’ ommendations of the bipartisan Iraq grandstanding—can bring down even the I said to the President then that Study Group, to talk about which rec- toughest warrior. As a Vietnam veteran, ‘‘you came to the office as a uniter, not ommendations are worthy of imple- trust me—it cuts deep. mentation. I want us to thoughtfully, Regardless of where you stand on the cur- a divider. Yet we have gone down the rent War on Terror (The Veterans of Foreign road to division in this Nation. You carefully and responsibly discuss not Wars does not take sides in debates about can see it. You can smell it. You can only what action we should take in military action), troops get the message that hear it. And we are going to get more. Iraq, but to weigh the full con- they are wasting their time when politicians ‘‘So let us not go further down that sequences of any action and to offer and citizens make headlines criticizing mili- road, Mr. President. Rethink this pol- real ideas, real strategies and real solu- tary action. icy. A country divided over war is not tions. As the debate about the War on Terror con- a country that is going to make any I want this Congress to support our tinues, I urge citizens and politicians to stay soldiers, every one of them; to tell focused on providing our troops with all of progress. Let us have a rethinking of the combat equipment, supplies, and per- this war.’’ them we value them and pray for them sonnel they need to be the most effective That is what I said in 2002. You guys and their families and will give them fighting force possible. Democracy affords didn’t want to listen to us then. The what they need to do their job. I want politicians and citizens effective ways to de- President didn’t want to listen to us all of them to know that we will stand bate policies without sending morale busting then. You really should listen to us with them until the last one returns messages from the home front. Life on the now and listen to the people of Amer- home. And I want them to know that front lines is tough enough without taking ica who voted in 2006 to change this policy comes before politics, and that incoming salvos of negativity from back no poll, no political plan, no political home. They also need our emotional support. policy. Like you, I want our troops home as soon Let us respond to the American peo- threat should ever undermine our alle- as possible. But as long as they are in harm’s ple. Let us vote against escalation. Let giance to doing what is right for our way, we should back them with the full re- us begin to bring the troops home. soldiers and our Nation. I want them to sources of our nation—in material, personnel Vote ‘‘yes’’ on this resolution. know that their work, their risks, their and supportive messages. Anything less will Mrs. WILSON of New Mexico. Madam fighting, has meaning and purpose, and have a negative impact on their morale and Speaker, I am pleased to yield 5 min- must be immune to the politics of possible their safety. utes to my colleague from Pennsyl- Washington. Madam Speaker, listen to this com- vania (Mr. TIM MURPHY). I want the soldiers and airmen from ment from the American Legion re- Mr. TIM MURPHY of Pennsylvania. the 171st, the 99th and the 911th in garding their unanimous support for Madam Speaker, I want the American Pittsburgh, and all our National Guard the current action in Iraq and the in- men and women serving in Iraq to and Reservists and active duty to come crease in troops and their caution or come home. I want this war to end. I home. I want their families to be able political rhetoric. They said, ‘‘Veterans want the violence to stop, the injuries to embrace them, their children to be of the Vietnam were remember what it to stop, the deaths to stop, and I also tucked in at night by them and our was like to fight without the support of want terrorism to stop. towns to be able to show the affection the people back home. You couldn’t Over the last few weeks, many of my of a grateful Nation. But while they separate the war from the warrior constituents told me these same feel- are there, while they stand sentry with then, any more than we can today.’’ ings, their strong feelings in support of eyes on the horizon, ride in their con- While our soldiers are there, I will or against this resolution. voys or walk on patrol, I want their support them with everything they I hear your concerns. No one can minds on the critical task of that mo- need in terms of armor and ammuni- doubt your love of your country. Like ment. tion, bullets and bread, weapons and you, I am deeply concerned about the I spoke this week to the mother of a words. direction of this war. Like you, armed soldier who was just killed in Iraq, I will continue to work for all of with the knowledge of the present, the Russell Kurtz. A finer and a braver these things, but for this point in time, strategies of the past were too often inman you will not find. I asked her what while our soldiers are on the battle- complete. The intelligence was mis- she thought about this discussion of field, I want to be able to look them in interpreted or inadequate. sending more troops to Iraq, and she the eye and say at your moment of The comments made here today on said, ‘‘I would rather have more troops need, I backed you up on the battle- this resolution will be listened to by there helping my son.’’ field. Iraqis and al Qaeda and the soldiers in Dom DeFranco, the Pennsylvania Mr. CLYBURN. Madam Speaker, pur- the field right now, the marines on the Commander of the VFW, wrote this let- suant to section 2 of House Resolution high seas headed that way, and the ter to the editor of the Almanac News- 157, and as the designee of the majority thousands who already are on the of- paper. I will submit the whole letter, leader, I demand that the time for defensive. Here is my message to them: but let me read this. He said, ‘‘Even bate on the concurrent resolution be Arab countries have told us that if we with their pride, honor and dedication enlarged by 1 hour equally divided and

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE February 15, 2007 CONGRESSIONAL RECORD — HOUSE H1741 controlled by the leaders or their des- we disengage our forces from a direct to the parents and the families of the ignees. military role, except to deny haven to men and women who have fought and The SPEAKER pro tempore (Ms. al Qaeda. We must place responsibility died in this war to not let their lives be DEGETTE). Under the rule, that will be directly on the Iraqi government. lost in vain. That is the message that I the order. At this very late date, virtually ev- have heard many times when I have Mr. SPRATT. Madam Speaker, I eryone agrees that peace and stability met with those families in my district yield 5 minutes to the gentleman from for Iraq cannot be secured militarily, and one that many of my colleagues Massachusetts (Mr. OLVER). but only politically. Our best chance have also heard. Mr. OLVER. Madam Speaker, I sup- for a positive outcome to this tragic Last month, I went on a bipartisan port the resolution before us today. In and unnecessary war is outlined and congressional delegation trip to Iraq, clear and succinct language it says unanimously recommended by the Iraq Afghanistan and Pakistan. While we what I believe must be said regarding Study Group, led by former Secretary met with the U.S. troops and com- the war in Iraq that America is en- of State James Baker and former Con- manders, we also had a chance to meet gaged in by the choice of President gressman Lee Hamilton. with the leaders of those countries, in- Bush. We should substitute a robust, multi- cluding the prime minister, al-Maliki. I support our men and women on the faceted diplomatic campaign to dis- He told us that if his country had the front line with all the training, the courage all of Iraq’s neighbors from en- command and control equipment and body and vehicle armor and the equip- gagement in the growing civil war and our backing, the Iraqis could begin to ment they need to be successful at the to gain support and assistance for a take over their own security in 3 to 6 task that they have been given, and I stable, unified Iraq. That diplomatic months and that we could begin to re- support them as they return, whether campaign must involve major powers deploy up to 50,000 of our troops. safe and sound or scarred by grievous and regional groups like the European Madam Speaker, we need to make wounds. Almost 24,000 have been Union and the Arab league, along with sure that Prime Minister Maliki has wounded, and many returned broken in all of Iraq’s neighbors, without excep- the tools and resources to do just that. body or spirit. Many have suffered per- tion or precondition. The U.S. should Frankly, the American people would be manently disabling wounds. Thousands always be willing to talk. In every way, better served if that were this debate, of others, not physically wounded, suf- talk is far less costly than war. instead of this nonbinding resolution. fer severe traumatic stress disorders. In a month, the war in Iraq will have Our focus should be on fixing what And all will need and must be given the gone on 4 years, well beyond our par- needs to be fixed so that the Iraqi peo- care and rehabilitation they have been ticipation in World War II. It is time to ple can take control of their country’s promised. begin bringing our troops home. fate, like they did 2 years ago when America mourns the loss of more Mrs. WILSON of New Mexico. Madam they held their first free elections in 50 than 3,000 of our soldiers since that Speaker, I am pleased to yield 5 min- years. This action will require several steps. fateful first day of May in 2003 when utes to my colleague from Ohio (Mr. For example, as several of my col- President George W. Bush trium- HOBSON). phantly proclaimed ‘‘Mission Accom- Mr. HOBSON. Madam Speaker, I leagues have already mentioned, the plished.’’ At no time in the 220 years want to begin by saying that last night bipartisan Iraq Study Group supports a short term surge of American combat since the founding of our Nation has when I was watching the floor debate, forces to stabilize Baghdad. This is America suffered such casualties dur- my colleague from Connecticut, CHRIS being done. The group also rec- ing an occupation following war. This SHAYS, gave one of the best speeches on ommended that there be more diplo- occupation has been spectacularly mis- where we are with regard to the war in matic outreach in the region to include managed, yet Americans are asked to Iraq. It was a comprehensive overview countries like Egypt, Saudi Arabia, suspend doubt and support an already of the current situation, and I agree Kuwait, Syria and even Iran, and this used tactic, placing almost 20,000 addi- with his views on this debate, and I needs to be done by the administration. tional troops on the ground around the would like to associate myself with his Further, it is imperative that our clock, with our young men and women comments. I hope that my colleagues U.S. troops begin to transition from a caught between the combatants in the and those who are following this debate combat role to one focused on training, civil war raging in Baghdad’s urban will take a moment to read his re- counterterrorism, force protection and streets and neighborhoods. marks. controlling Iraq’s borders. I oppose this escalation. It is 4 years Like Mr. SHAYS, I rise in opposition My colleagues, the world is watching. too late and more than 100,000 troops to this resolution. This is the wrong Our friends, our enemies are watching too few. The tactic itself has been used resolution to be considering if we in and waiting to see what our next move repeatedly over the last 4 years, with Congress are supposed to be fulfilling will be. A retreat from Iraq would lead dangerously counterproductive results. our responsibility to provide oversight to even more instability in the region Each time this tactic has been used, it on how this war is to be conducted. and create a haven for terrorist groups has left behind greater hatred for the Rather than debating the so-called who despise freedom and our way of occupation and the occupiers, as well surge, which is actually taking place, life. as thousands of new recruits for the in- we should be debating how to put pol- What kind of message are we sending surgency or al Qaeda. I believe that icy in place that will bring stability when we engage in debate that is essen- this escalation will be remembered for and ensure the security of the Amer- tially a political exercise, rather than the deaths of many more American sol- ican people. one that is on substantive strategy on diers and Iraqi civilians. Admittedly, the administration has how to bring stability to the region? President George W. Bush has repeat- made mistakes in the execution of this Madam Speaker, we cannot accept edly cited the 300,000 strong Iraqi army war. Many of us, both Democrats and defeat, but we must insist on making and police force which we have spent Republicans, have been telling them the changes necessary so that the Iraqi billions of dollars to train and equip. that from the beginning. Among a people can take the fate of their future They should be pacifying their capital number of things that we have been in their own hands. There is a phrase city. As dysfunctional as it is, the Iraqi saying has been that they had enough that has often been repeated since the government which we created must de- troops to win the war, but they didn’t war began, and that is as Iraqi forces cide whether they want all-out civil have enough troops to win the peace. stand up, U.S. forces can begin to stand war or a stable, unified Iraq, with oil But we can’t correct those mistakes. down. Defining a workable strategy to revenues fairly distributed and with What we can do now is to find a strat- achieve that goal should have been the changes to their Constitution to assure egy on how best to go forward. focus of this week’s debate, rather than the rights of 40 percent of the popu- So the question becomes, what can this nonbinding resolution that will lation who are not Shia Muslims. We we do now that gives the Iraqis the not bring us a step closer to stabilizing cannot decide that for them. best chance to take control of their Iraq and bringing our troops home or The civil war will continue and our country, while also allowing our troops achieving stability in this region of the casualties will continue to mount until to return home with honor? We owe it world.

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE H1742 CONGRESSIONAL RECORD — HOUSE February 15, 2007 Again, I urge my colleagues to op- of confidence by the public in their war? Not a chance. Will it help our pose this resolution. elected officials a strong message? chances of achieving victory? Abso- Mr. SPRATT. Mr. Speaker, I yield 5 Isn’t the sacrifice and valor of our men lutely not. This resolution will demor- minutes to the gentleman from Ari- and women fighting this war deserving alize our troops who are sacrificing zona (Mr. GRIJALVA). of the respect of this government? themselves for us today and tonight, Mr. GRIJALVA. Madam Speaker, I Don’t we have a duty to those men and and this resolution will give comfort to am here today to support the resolu- women to protect them, reunite them an enemy. This resolution puts politics tion. with their families immediately, and, before the lives of our brave soldiers Madam Speaker, I won’t spend a lot above all, share the truth with them, and there is no way in the world that I of time assessing the blame and the re- that the question is no longer if we get can support it. The only chance we sponsibility for the quagmire that our out of Iraq, it’s how and when. have for victory is to support the Nation finds itself in in Iraq, but I do The answer to that question for me President’s troop escalation. It’s not a find it curious during this debate that and many other families is, the sooner sure thing, but it’s our best chance for the opponents of this resolution want the better. I could stand here and read victory. These added troops will help us to believe that the history of the poll after poll that talks about the us secure Baghdad, stabilize the area, Iraq war begins today, that it has no public’s overwhelming opposition to and accelerate the training necessary past, that it has no consequences, just this war and even more overwhelming for the Iraqis to stand on their own. a doubtful future. This head-in-the- opposition to this escalation. But as I Only after these things happen can we sand attitude, while politically expe- think about it, the most important poll leave Iraq the way we should and that dient, denies reality and truth. for those of us who serve in Congress is victorious. Rest assured that history will not be needs to be our conscience. The resolu- I fully support our Commander in Chief, and I think he has much more kind to the decisionmakers and the de- tion before us is simple and direct. It information than I have or any other cider of this war, nor will it be kind to speaks in a very clear way to the frus- Member or combination of Members in a Congress that looked the other way. tration we all feel about this misadven- regard to our war on terrorism, and The resolution before us today is a ture in Iraq. And I said I would not be- particularly the war in Iraq. I think first tentative step toward the removal labor the question of who to blame, but President Bush is a godly person, intel- of our troops from Iraq. The escalation it is important to address the obvious. ligent and educated, and cares for this proposed is another desperate act op- Remember weapons of mass destruc- country and cares for those who defend posed by the American people and tion? None found. it. I will continue to support him as former military leaders. Remember the links between Iraq long as he holds the title of Com- The resolution does not demoralize and the attack on 9/11? It didn’t exist. mander in Chief of the Armed Forces of our troops nor embolden the insur- All the misspent funds in Iraq, mis- the United States of America. I heard gents. To the contrary, this resolution appropriated dollars. That was ignored the President loud and clear in his offers hope to our troops that an end is by the administration. State of the Union address on January in sight and that their elected rep- ‘‘Mission Accomplished.’’ What a pre- 23, 2007. What I gleaned from his speech resentatives in this House are not pass- mature political hype that was. And a strategy for Iraq. It doesn’t is that he is asking for calendar year ing on their authority regarding the 2007 to complete the existing plan most important issue confronting our exist. Funds for education, health care, our being implemented by General Nation today. Petraeus and those who serve under I personally know families whose cities and towns, investments in our people here in this country, that has him. And at such time, he fully expects loved ones have been lost, badly in- the Iraqis to be in a position to defend jured or profoundly intangibly affected all been spent in Iraq. The litany of failures and untruths their borders and protect their people, by this war. Our commitment should resulting in an executive order hope- be to those families and veterans who goes on and on. The lack of leadership by this administration requires, no, I fully to bring the process of withdrawal need our full measure of support. Our of these American forces still defend- gratitude should be measured in real think it demands that this Congress assert its constitutional duty to check ing our Nation, to bring them home. resources for veterans, and not empty This resolution will absolutely un- and balance this administration by be- platitudes and political rhetoric ex- dermine the efforts of our troops in ginning with the important step of pounded to justify an irreparable fail- Iraq. I strongly oppose it. ure in Iraq. passing this resolution. Mr. SMITH of Washington. Madam Mrs. WILSON of New Mexico. Madam b 2000 Speaker, I am pleased to yield 5 min- Speaker, I am pleased to yield 4 minutes to the gentleman from Massachu- The focus of this debate is not cen- utes to my colleague from Texas (Mr. setts (Mr. CAPUANO). tered on our soldiers who are nobly HALL). Mr. CAPUANO. I thank the gen- doing their duty and following their or- Mr. HALL of Texas. Madam Speaker, tleman for yielding. ders. It is directed at those who set pol- first and foremost, I stand and I hope Madam Speaker, I don’t have pre- icy and who have produced a war with- we all stand in support of our troops. pared remarks. I have been listening to out end, with no plan of success or exit, But I also rise today in opposition to this debate for the last couple of days, with no international strategy, who H. Con. Res. 63. While I believe that we and everything that can be said on now turn to a desperate and doomed es- all share the same goal of winning this both sides has been said repeatedly. calation that only reinforces the fail- war on terror and bringing our brave And thus far the only thoughtful argu- ure and the desperation of those policy- young men and women home, I regret ment I have heard to not vote for this makers. that this bill before us today abso- resolution is that somehow it will de- Rest assured that the civil war in lutely will not lead to that goal. No- moralize the troops. That pretends Iraq will not end with the influx of body wants this war to end more than that the troops live in a bubble and more American troops. I do believe this those fighting in it and we need now to don’t know what is going on and just resolution should have teeth. We must do what it takes to bring our brave never think. Everybody who has done send a message that binds all of us to men and women home, but to bring any discussions or any polling of the real action, an unflinching message of them home in victory. If we don’t troops know they already know that opposition to the escalation and a mes- achieve victory, the consequences are this war is over. It’s not a military de- sage of support for our troops. Today going to be disastrous for the progres- feat. To put it that way is ridiculous. marks a step in that direction. sion of freedom all over the world, and No one can defeat our military. It is And I wonder, how many ways can instead of taking a step forward, we absolutely undefeatable. It is a polit- the American people tell this Congress would be taking multiple steps back- ical defeat. We cannot win, which I am to act to prevent more loss of our blood ward. not even sure what that means, this and treasure in the war in Iraq? So what is the point of this resolu- war. This escalation will do nothing Weren’t the elections that just hap- tion? Is it going to block the troop but delay the inevitable. America pened a strong message? Isn’t the loss surge? Absolutely not. Will it end the knows it.

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00072 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE February 15, 2007 CONGRESSIONAL RECORD — HOUSE H1743 To listen to the discussion I have the Republicans weren’t offered an al- phone service, the repair of nearly all of Iraq’s heard in the last couple of days, all I ternative, so we have to vote for or railway stations, the restoration of electricity can say to myself, if we had this atti- against a nonbinding resolution that output and oil production to near prewar levels tude in the seventies, we would still be has it both ways in the resolution. I and the increased availability of clean water in Vietnam. For what? For what? We don’t think that is very becoming to and sanitation. The milestones that have been have done what we could do, and we this Congress. reached are a testament to why we should not may have to go back someday, and I But when the time comes, I am going abandon our presence in Iraq. Progress is may vote for it under the right cir- to vote ‘‘no’’ because I believe as being made and we must continue to support cumstances. To never say never is ri- Thomas Jefferson believed, and if you our troops and Iraq’s democratic government. diculous. We don’t know where the go to his monument not too far from The President’s call for more troops is a de- cards are going to be played. We do here and look up around the ceiling, cision not made in haste. It is made with care- know one thing: that today Iraq is en- Thomas Jefferson says, ‘‘I have sworn ful consideration and thoughtful advice from gaged in a civil war. One of the leaders upon the eternal altar of God unending his commanders both at home and in the field. of that civil war isn’t even in Iraq. He opposition to all forms of tyranny over The additional troops will work with Iraqis to is in Iran. We are only delaying the in- the mind of man.’’ This Islamic ter- solve serious challenges and to find ways to evitable at the cost of our young men rorist campaign is a direct attack on curb future outbreaks of violence. To achieve and women. And I am not talking our democracy. It is a direct attack on success in combating those serious chal- about money, because if this was the our tolerance. We need to support our lenges it is important that America stands with right war, a moral war, money President. We need to vote against this Iraq so they can defend their own soil, create wouldn’t be the issue. nonbinding resolution. And then if we a sound economy and govern themselves ef- This war is over. We need to recog- want to have a real resolution, let’s fectively. The President understands the con- nize that. We need to stop trying to bring it to the floor and have that de- sequences of failure in Iraq, something this play politics with it. Bring our troops bate. resolution proves the Democrats do not com- home and prepare them for the next I rise today in opposition to H. Con. Res. prehend. battle that we might all join in if it’s 63. This nonbinding resolution serves only to I have been to the funerals of men and the right place and the right time. degrade and demoralize the troops currently women from my district that lost their lives in Mrs. WILSON of New Mexico. Madam engaged in forward operations and those addi- this war. I have pinned medals on the chests Speaker, I am pleased to yield 3 min- tional troops President Bush has called upon. of the brave men and women from my district utes to my colleague from Texas (Mr. This is not a call for a new direction in Iraq nor who returned home safely. Visiting with fami- BARTON). is this a call for a new course of action. This lies at home and troops in Iraq I have seen (Mr. BARTON of Texas asked and is a political distraction and a call to our en- first hand the effects this war has on Ameri- was given permission to revise and ex- emies around the world by showing a lack of cans. This resolution serves to discredit the tend his remarks.) resolve and fostering the idea of uncertainty memories of fallen soldiers, the efforts of Mr. BARTON of Texas. Madam towards support and funding for the men and those still fighting, and to embolden our en- Speaker, I attended the Charlie Nor- women of our Armed Forces. emies. If we remember, our enemies attacked wood funeral today in Augusta, Geor- Speaker PELOSI and her fellow Democrats us on September 11th and instead of living in gia. He was a veteran of Vietnam. I have charged that the previous policy did not fear and leaving ourselves open to more at- think it is ironic that because he was a work, the new policy will not work, and yet tacks we chose to take the fight to them. In veteran, we saw at the beginning of the amongst all this rhetoric my colleagues on the the time since, there has not been another funeral the honor guard walk in car- other side of the aisle do not have a construc- major terrorist attack on U.S. soil. That is a rying the flag of the United States tive alternative to put forth. Instead they offer testament to the fight our men and women are Army and the flag of the United States legislation that if enacted would fuel the call waging to protect the freedoms we so richly and all the battle ribbons on that flag, for setting timelines and the withdrawal of our enjoy. I remain committed to supporting our that as 70 to 80 of the Members of this troops. To leave before the job is finished forces serving abroad and ensuring they have body were showing respect to Charlie would leave our country in a weaker position the funding they need to complete their mis- and his family, we were having this de- globally and leave the Middle East without any sion. bate on another war. hope for democracy to ever take hold. The ex- Some of my colleagues misguidedly stand The resolution before us is a sham tremists that oppose us are against freedom to dismiss our efforts in Iraq. I stand with the resolution. It is nonbinding. I have and we are right to be engaged in the fight for resolve of former President Thomas Jefferson voted on resolutions of war and peace democracy and tolerance. The stakes are high who said, ‘‘I have sworn upon the altar of in my time in this Congress. I voted on and our enemies know this. They are not God, eternal hostility against every form of tyr- the first gulf war resolution back in going to quit, but if we pass this resolution it anny over the mind of man.’’ We must not the early nineties when we thought will be the first step in signaling that we will. stand divided and turn our backs on those that there might be tens of thousands It is right to support the President as he lays fighting for democracy where tyranny threat- of body bags coming back with our out his plan for securing Iraq and is in our na- ens to reign. We must be steadfast and sup- troops in them. I voted on the first res- tional interest. port them in every way we can. We can not olution supporting our President in The necessary framework for democracy let the difficulty of the task diminish our sup- this war after 9/11. Remember 9/11? We has been established and the labor of our port for the troops and the cause for which had more American citizens killed in brave troops has produced many measurable they are so diligently fighting. We must not let one day in the Twin Towers and in the results. A constitution was written by the Iraqis this frivolous resolution pass. Pentagon than we have had in all the resulting in democratic elections where nearly Mr. SMITH of Washington. Madam years that our troops have been in Iraq 12.5 million people braved the threat of vio- Speaker, I yield 5 minutes to the and Afghanistan. That doesn’t demean lence to cast their votes. A fair criminal trial gentlelady from Texas (Ms. JACKSON- their sacrifice. I have attended three was held for Saddam Hussein, the country’s LEE). funerals in my hometown of young men former dictator, who denied that right to his Ms. JACKSON-LEE of Texas. Let me who have been killed in the line of duty own people. I urge my colleagues to let the thank the distinguished gentleman for in this current war. Iraqis lead and give democracy a chance. Es- yielding. This nonbinding resolution tries to tablishing a secure Iraq, a thriving democracy Madam Speaker, I believe that each have it both ways. It says at the first, and a noticeable reduction in crime will pave and every Member that has come to in part A, we support the troops and in the way for numerous infrastructure improve- the floor tonight and over the last 2 part B, we don’t support our Presi- ments. days would never consider any of their dent’s decision, the Commander in Sustainable achievements in the reconstruc- remarks frivolous, nor would we char- Chief, to send these reinforcements. tion effort include the building of more than acterize this debate as political. Unfor- Well, if it’s nonbinding, why have the 5,000 schools, the training of more then tunately, in 2002, many of those same debate? I think it’s commendable that 60,000 teachers, the training and equipping of words were used to characterize a very we are having this debate. I wish it 323,000 police and military forces, the vac- needed debate and one that we had would have had some meat on it. Let’s cination of 98 percent of Iraqi children, the hoped that those who had the powers of put a real resolution on the floor. But ability of more than 7 million people to access decision would have listened to.

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00073 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE H1744 CONGRESSIONAL RECORD — HOUSE February 15, 2007 I remember standing in this same lo- rity to Baghdad, and then we can sit dogs of war.’’ But even Henry V did not exhort cation and suggesting to my colleagues down and have reconciliation. One his troops, his band of brothers, to go ‘‘once that I was proud to accept and to make more soldier generates one more vio- more, into the breach’’ for a fifth time. And nei- as my choice life over death and peace lent act. So we know that the troop ther should we. over war. Through these years, mem- surges do not work. We also know that Madam Speaker, instead of a surge in com- bers of the Progressive Caucus it strains the readiness. bat troops, the United States needs to launch thoughtfully have gathered to rein- We need a diplomatic surge. More im- a diplomatic surge for political and national force the words that we offered during portantly, we need not to go over the reconciliation in Iraq. That is why I have intro- those days when even though the en steps of Secretary McNamara who indi- duced H.R. 930, the ‘‘Military Success in Iraq masse lobbying and representation of cated in his words, as I said in the Oc- and Diplomatic Surge for Political and National mass destruction weapons, we knew tober 2002, Former Defense Secretary Reconciliation in Iraq Act of 2007.’’ As I will that this was a war that would be ill- Robert McNamara said in his mea discuss in greater detail later in my remarks, fated and misdirected. In fact, during culpa on the Vietnam War: We were my legislation offers a far better chance of that time, we had solutions. We asked wrong, terribly wrong. And he hoped sustainable success in Iraq than does the for a continued use of political diplo- that the suffering, as he quoted one of President’s escalation. And equally important, macy and, as well, the continuation of the philosophers, he hoped that what my legislation will go a long way toward ensur- utilizing the U.N. inspectors to deter- we had experienced in the suffering of ing that never again will the American people mine if there were weapons of mass de- Vietnam would give us experience. or the Congress be bamboozled into rubber- struction. Today this ongoing war in Iraq shows stamping an ill-advised, ill-planned, preemptive b 2015 we have thrown away that experience. war. We also throw away the Constitu- Madam Speaker, I am privileged to rep- But now we have come some 5 years tion, because this is not pursuant to resent the citizens of the 18 Congressional and we hear the same refrain. And I Article I, section 8. This is not a dec- District in the great State of Texas. The sons know in the hearts of those who have laration of war that we are in, and we and daughters of the Lone Star State have al- spoken that they are sincere. But if we therefore need to terminate the power ways answered the call to service. More than said nothing else but point to those of the President that had been given in 280 Texans have been made the ultimate sac- who have fallen, let their faces rep- 2002 to attack Iraq. This document has resent the sacrifice of America. Those rifice for their country. More than 2,200 Tex- not been followed. And so H.R. 930 will are the faces of those who are always ans have been wounded. Only California has terminate the authorization given in willing to go into battle, and not one of suffered a greater number of dead and 2002, because for these lives lost al- us on the floor today will ever say any- wounded. Today, Madam Speaker, there are thing untoward about the United ready we don’t want to participate in more than 31,000 Texans serving in Iraq, States military through the years and the foolishness of monies being spent which is 12,000 more than the next highest decades and centuries, because they recklessly, the lack of accountability, state. Since the war began in March 2003, have never faltered in the Commander and a war that already can be claimed more than 180,000 Texans have served in in Chief’s direction to go to war. as a military victory by the United Iraq, some deployed two, even three, in some But what has really failed in this States military who can now come cases four times. Congress in its oversight and responsi- home with honor and dignity. Madam Speaker, it is more than irrespon- bility and, as well, the choices being Let us stand again on this floor and sible not to oppose the President’s plan to es- made by the leadership that has sent claim that we support life over death calate the war in Iraq. It is unconscionable. In them into war. and we support peace over war and we opposing the President’s latest folly, we send And so, as Abraham Lincoln has said, want our soldiers to return home in a message that is both simple and profound: ‘‘We wish to honor the soldiers and celebration and dignity in honor of You cannot win the just War on Terror by sailors everywhere who bravely bear these who now are fallen on the battle- launching an unjustified War in Iraq. That is this country’s cause; honor also to the field. one of the hard and bitter lessons we have citizen who cares for his brother. We Madam Speaker, I rise in strong support of learned during the 4 years course of the War will never forget.’’ H. Con. Res. 63. I stand in strong support of in Iraq. But we now stand in opposition to our troops who have performed magnificently The misguided, mismanaged, and costly de- the escalation and support of this reso- in battle and with a grace under pressure that bacle that is the Iraq War was preemptively lution because we believe that the Na- is distinctively American. I stand with the launched by President Bush in March 2003 tion must hear, but also the leaders American people, who have placed their trust despite the opposition of me and 125 of my who make the decisions must hear this in the President, the Vice President, and the colleagues in the House of Representatives. is wrong and misdirected. former Secretary of Defense, each of whom To date, the war in Iraq has lasted longer than The troops have been magnificent. abused the public trust and patience. America’s involvement in World War II, the We have had 180,000 of them who have I stand with the American taxpayers who greatest conflict in all of human history. served in Iraq from Texas, we have had have paid nearly $400 billion to finance the But there is a difference. The Second World 200 or more who have been killed, in- misadventure in Iraq. I stand with the 3,019 War ended in complete and total victory for cluding the 3,000-plus that have been fallen heroes who stand even taller in death the United States and its allies. But then killed across the Nation. They do have because they gave the last full measure of de- again, in that conflict America was led by a military success. votion to their country. For these reasons, FDR, a great Commander-in-Chief, who had a But we know that the surges do not Madam Speaker, I stand fully, strongly, and plan to win the war and secure the peace, lis- work. We know it was ill-fated from unabashedly in opposition to the President’s tened to his generals, and sent troops in suffi- the beginning. There was no collabora- unilateral decision to escalate the war in Iraq cient numbers and sufficiently trained and tion, very minimal, and now the col- by deploying more than 20,000 additional equipped to do the job. laboration has ended. What is needed combat troops to Iraq, and at least that many My friends, I say with sadness that we have now is the declaration of a military more to provide logistical support. not enjoyed that same quality of leadership success, which is what I have expressed I wish to make clear, Madam Speaker, that throughout the conduct of the Iraq War. The in H.R. 930. And now we must search sending more combat troops into Iraq will not results, not surprisingly, have been disastrous. for diplomatic and political reconcili- lead to success in Iraq. We cannot achieve To date, the war in Iraq has claimed the lives ation, a Special Envoy to Iraq that fo- success in Iraq unless we change strategy. of 3,109 brave servicemen and women (115 in cuses specifically on bringing together But the President’s proposed troop surge is December and 39 in the first 13 days of this the Sunnis, the Shiites and the Kurds. not a change in strategy and it does not signal month). More than 23,400 Americans have We know that surges have only gen- a new direction; it is simply more of the same. been wounded, many suffering the most hor- erated more insurgents, they have only As our most recent great President, Bill Clin- rific injuries. American taxpayers have paid generated more violence, and it has not ton, once said, ‘‘if you always do what you’ve nearly $400 billion to sustain this misadven- brought about the safety that is need- always done, you’ll always get what you’ve al- ture. ed. ways got.’’ The depth, breadth, and scope of the Presi- Of course, the response is that this In proposing this latest troop surge, Presi- dent’s misguided, mismanaged, and misrepre- escalation will bring some sort of secu- dent Bush seeks to ‘‘cry havoc and let slip the sented war in Iraq is utterly without precedent

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00074 Fmt 7634 Sfmt 9920 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE February 15, 2007 CONGRESSIONAL RECORD — HOUSE H1745 in American history. It is a tragedy in a league tened that he knew that Iraq and Al Qaeda For $33.1 billion, or 4 months in Iraq, we all its own. But it was not unforeseeable or un- had high-level contacts that went back a dec- could have fully funded the Department of avoidable. As the President’s intention to ade and that Iraq had trained Al Qaeda mem- Homeland Security FY 2007 budget. launch a preemptive war against Iraq became bers in bomb making and deadly gases. He For $10 billion, just 5 weeks in Iraq, we known back in the fall of 2002, thoughtful was wrong. What’s more, the American people could equip every commercial airliner with de- members in the halls of Congress took to the were led to believe that the regime in Bagh- fenses against shoulder-fired missiles. floor, and concerned citizens in the country- dad had long-standing and continuing ties to For $8.6 billion, just 30 days in Iraq, we side took to the streets to stop it. Patriots all, terrorist organizations. Wrong again. President could finance the shortage of international aid we registered our dissent. We acted not out of Bush even went so far as to say that you needed to rebuild Afghanistan. dislike of the President but out of love for our couldn’t distinguish between Al Qaeda and For $5.2 billion, just three weeks in Iraq, we country and what it had represented to the Saddam when you talked about the war on could finance the capital improvements need- world. As Robert Taft, ‘‘Mr. Republican,’’ as he terror. Of course, this claim turned out to be ed to secure the nation’s public transportation was affectionately known, the late, great Sen- untrue as well. system, including trains, subways, and buses. ator from Ohio, stated two weeks after Pearl That is not all, Madam Speaker. The cam- For the equivalent of 5 days in Iraq, just Harbor, ‘‘Criticism in a time of war is essential paign to persuade Americans that Iraq posed $1.5 billion, we could provide radiation detec- to the maintenance of a democratic govern- a clear, present, and mortal danger to us in- tors at every port in the United States. ment.’’ cluded the false claims that Iraq possessed For only $1.4 billion, the cost of another 5 My friends, in light of the enormous losses ballistic missiles with a likely range of hun- days in Iraq, we could double the COPS (com- of precious American blood and treasure, it is dreds of miles—far enough to strike Saudi munity police grants) program. very small consolation to know that those of Arabia, Israel, Turkey, and other nations. It For the cost of a mere two days in Iraq, we us who acted on the biblical injunction to was also falsely represented to Americans that could fund the $700 million needed to provide speak truth to power have been proven right Iraq had a growing fleet of manned and un- 100% screening of all air cargo. in our warnings about the disaster war in Iraq manned aerial vehicles that could be used to For $350 million, 26 hours in Iraq, we could would produce. disperse chemical or biological weapons instead make emergency radio systems inter- We predicted before the war that ‘‘the out- across broad areas and that Iraq was explor- operable. come after the conflict is actually going to be ing ways of using unmanned aerial vehicles to For the cost of 81⁄2 hours in Iraq, $94 mil- the hardest part, and it is far less certain.’’ We target the United States. lion, we could restore the cuts in Homeland made the point that it was essential for the But the capstone of the administration’s Security funding to cities hit on September 11. Administration to develop ‘‘a plan for rebuild- disinformation campaign was the claim that Madam Speaker, opponents of the resolu- ing of the Iraqi government and society, if the Saddam Hussein was actively pursuing nu- tion before us contend that it gives comfort to worst comes to pass and armed conflict is clear weapons which could be used against the enemy and undermines the President’s necessary.’’ We knew the Armed Forces of America by Iraq, or by the terrorists to whom strategy for success in Iraq. They claim it is the United States is invincible on the battle- it was giving safe harbor. President Bush even our patriotic duty to avert our eyes to this Ad- field and would decisively defeat Iraq’s forces went so far to announce to a world-wide audi- ministration’s nearly unbroken record of spec- and remove Saddam Hussein. But like the ence in his 2003 State of the Union address tacular failure and incompetence and rally proverbial dog chasing the car down the road, that ‘‘the British government has learned that around the flag. But to paraphrase the old we questioned whether the President knew Saddam Hussein had recently sought signifi- saw: fool me four times, shame on you; fool what to do after we caught it.’’ cant quantities of uranium from Africa.’’ Ac- me a fifth time, shame on me. The truth is, We warned of the ‘‘postwar challenges,’’ cording to the President, facing such clear evi- Madam Speaker, this Congress—and the particularly the fact that there was no history dence of peril, we could not wait for ‘‘the final American people—has not been fickle or im- of democratic government in Iraq, and that its proof that could come in the form of a mush- patient. Rather, it has been understanding and economy and infrastructure was in ruins after room cloud.’’ We now know for sure that these generous to a fault, overlooking and excusing years of war and sanctions and that rebuilding claims were false. And covering up those false blunder after blunder committed by the White Iraq would cost hundreds of billions of dollars claims is one of the main reasons that Scooter House and the Office of the Secretary of De- that could be better at home securing the Libby found himself in the predicament that fense (OSD). As Kenneth M. Pollack of the homeland and waging the real War on Terror. led to his indictment by a grand jury and the Brookings Institution, and a former senior And we warned against sending American sol- on-going trial in the United States District member of the NSC, brilliantly describes in his diers to war in Iraq without adequate protec- Court for the District of Columbia. essay, ‘‘The Seven Deadly Sins Of Failure In tion against biological and unconventional Regarding the actual conduct of the looming Iraq: A Retrospective Analysis Of The Recon- weapons. hostilities, the Administration and its courtiers struction,’’ in Middle East Review of Inter- I am also reminded how General Eric assured us that ‘‘it would be a cakewalk’’ and national Affairs (December 2006), our trust Shinseki told the Senate Armed Services that American troops ‘‘would be greeted as lib- and patience has been repaid by a record of Committee in February 2003 that the Defense erators.’’ The Secretary of Defense, Donald incompetence unmatched in the annals of Department’s estimate of troops needed for Rumsfeld, boldly claimed that ‘‘the war could American foreign policy. occupying Iraq is too low and that several last six days, six weeks. I doubt six months.’’ The Bush administration disregarded the ad- hundred thousand soldiers would be needed. Vice-President CHENEY said, ‘‘I think it will go vice of experts on Iraq, on nation-building, and But instead of heeding the wise counsel of relatively quickly . . . [in] weeks rather than on military operations. It staged both the inva- General Shinseki, the Bush administration months.’’ There are many things one could sion and the reconstruction on the cheap. It cashiered him out of the Army. say about these rose- colored scenarios ped- did not learn from its mistakes and did not Indeed, anyone who questioned the Bush dled by the Administration nearly four long commit the resources necessary to accom- Doctrine of preemptive war was ridiculed and years ago. But there is one thing you cannot plish its original lofty goals or later pedestrian marginalized as unpatriotic, weak, sympathetic say and that is ‘‘truer words were never spo- objectives. It ignored intelligence that contra- to terrorists, and un-American: Anti-Terrorism ken.’’ dicted its own views. Chief Richard Clarke, Treasury Secretary Paul Finally, Madam Speaker, let us not forget It is clear now that the administration simply O’Neill, Council of Economic Advisors Chair- the wildly extravagant claims of this Adminis- never believed in the necessity of a major re- man Laurence Lindsay, Joe Wilson, and con- tration regarding the cost of this war. The Di- construction in Iraq. To exacerbate matters the gressional Democrats. rector of the White House OMB was quoted Office of the Secretary of Defense (OSD) and But four years later, people like us are now as saying that ‘‘Iraq will be an affordable en- the White House Office of the Vice President the majority. And we are united in raising our deavor that will not require sustained aid and (OVP) worked together to ensure that the voices to proclaim: End the war and redeploy will be in the range of $50 billion to $60 bil- State Department was excluded from any our troops out of Iraq. lion.’’ At last count, Madam Speaker, the war meaningful involvement in the reconstruction Madam Speaker, it is instructive to review has cost the taxpayers $379 billion. That a of Iraq. why the American people have turned against cost overrun of more than 600 percent. The administration’s chief Iraq hawks the war in Iraq. To put the cost of the war in perspective, shared a deeply naive view that the fall of The American people were told erroneously consider that we are spending more than $8 Saddam and his top henchmen would have but repeatedly that the gravest threat facing billion a month to sustain the war effort in Iraq. relatively little impact on the overall Iraqi gov- America was Saddam Hussein and his re- Could this money be put to better use? Well, ernmental structure. They assumed that Iraq’s gime. The Vice-President assured all who lis- consider the following: bureaucracy would remain intact and would

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00075 Fmt 7634 Sfmt 9920 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE H1746 CONGRESSIONAL RECORD — HOUSE February 15, 2007 therefore be capable of running the country woes. Many of the IGC leaders were horribly more soldiers into Baghdad and nearby Anbar and providing Iraqis with basic services. They corrupt, and they stole from the public treasury province is a change in military strategy that likewise assumed that the Iraqi armed forces and encouraged their subordinates to do the America must embrace or face future terrorist would largely remain cohesive and would sur- same. The IGC set the tone for later Iraqi gov- attacks on American soil. Nothing could be render whole to U.S. forces. The result of all ernments, particularly the transitional govern- further from the truth, as we learned last year this was a fundamental lack of attention to re- ments of Ayad Allawi and Ibrahim Jaafari that when the ‘‘surge’’ idea first surfaced among alistic planning for the postwar environment. followed. neoconservatives. As it was assumed that the Iraqis would be Finally, by insisting that all of the problems The President’s proposed troop surge is not delighted to be liberated little thought was of the country were caused by the insurgency new and, judging from history, we know it will given to security requirements after Saddam’s rather than recognizing the problems of the not work. It will only succeed in putting more fall. The dearth of planning for the provision of country were helping to fuel the insurgency, American troops in harm’s way for no good security and basic services stemmed from the the Bush Administration set about concen- reason and without any strategic advantage. mistaken belief that Iraqi political institutions trating its efforts in all the wrong places and The armed forces of the United States are not would remain largely intact and therefore able on the wrong problems. to be used to respond to 911 calls from gov- to handle those responsibilities. This explains why for nearly all of 2004 and ernments like Iraq’s that have done all they But there were too few Coalition troops, 2005, our troops were disproportionately de- can to take responsibility for the security of which meant that long supply lines were vul- ployed in the Sunni triangle trying to catch and their country and safety of their own people. nerable to attack by Iraqi irregulars, and the kill insurgents. Although our troops caught and The United States cannot do for Iraq what need to mask entire cities at times took so killed insurgents by the hundreds and thou- Iraqis are not willing to do for themselves. much combat power that it brought the entire sands, these missions were not significantly Troop surges have been tried several times offensive to a halt. advancing our strategic objectives. Indeed, in the past. The success of these surges has, It was not long before these naive assump- they had little long-term impact because insur- to put it charitably, been underwhelming. Let’s tions and inadequate planning conjoined to gents are always willing to flee temporarily briefly review the record: sow the seeds of the chaos we have wit- rather than fight a leviathan. Second, because 1. Operation Together Forward, (June-Octo- nessed in Iraq. so many coalition forces were playing ‘‘whack- ber 2006): In June the Bush administration an- The lack of sufficient troops to secure the a-mole’’ with insurgents in the sparsely popu- nounced a new plan for securing Baghdad by country led to the immediate outbreak of law- lated areas of western Iraq, the rest of the increasing the presence of Iraqi Security lessness resulting in massive looting and de- country was left vulnerable to take over by mi- Forces. That plan failed, so in July the White struction dealt a stunning psychological blow litias. House announced that additional American to Iraqi confidence in the United States, from Finally, Madam Speaker, a cruel irony is troops would be sent into Baghdad. By Octo- which the country has yet to recover. We re- that because the Iraqi Government brought ber, a U.S. military spokesman, Gen. William moved Saddam Hussein’s regime but we did exiles and militia leaders into the government Caldwell, acknowledged that the operation and not move to fill the military, political, and eco- and gave them positions of power, it is now troop increase was a failure and had ‘‘not met nomic vacuum. The unintended consequence virtually impossible to get them out, and even our overall expectations of sustaining a reduc- was the birth of a failing state, which provided more difficult to convince them to make com- tion in the levels of violence.’’ the opportunity for the insurgency to flourish promises because the militia leaders have 2. Elections and Constitutional Referendum and prevented the development of govern- learned they can use their government posi- (September-December 2005): In the fall of mental institutions capable of providing Iraqis tions to maintain and expand their personal 2005 the Bush administration increased troop with the most basic services such as clean power, at the expense both of their rivals who levels by 22,000, making a total of 160,000 are not in the government and of the central water, sanitation, electricity, and a minimally American troops in Iraq around the constitu- government itself. functioning economy capable of generating tional referendum and parliamentary elections. All of this was avoidable and the blame for While the elections went off without major vio- basic employment. the lack of foresight falls squarely on the Making matters worse, the administration ar- lence these escalations had little long-term im- White House and the Office of the Secretary rogantly denied the United Nations overall au- pact on quelling sectarian violence or attacks of Defense. thority for the reconstruction even though the Madam Speaker, the American people on American troops. U.N. had far more expertise and experience in spoke loudly and clearly last November when 3. Constitutional Elections and Fallujah (No- nation building. they tossed out the Rubber-Stamp Republican vember 2004-March 2005): As part of an effort The looting and anarchy, the persistent in- Congress. They voted for a New Direction in to improve counterinsurgency operations after surgent attacks, the lack of real progress in re- Iraq and for change in America. They voted to the Fallujah offensive in November 2004 and storing basic services, and the failure to find disentangle American troops from the car- to increase security before the January 2005 the promised weapons of mass destruction nage, chaos, and civil war in Iraq. They voted constitutional elections U.S. forces were in- undercut the administration’s claim that things for accountability and oversight, which we creased by 12,000 to 150,000. Again there were going well in Iraq and led it to make the Democrats have begun to deliver on; already was no long-term security impact. next set of serious blunders, which was the the new majority has held 52 congressional 4. Massive Troop Rotations (December disbanding of the Iraqi military and security hearings related to the Iraq War, investigating 2003-April 2004): As part of a massive rotation services. everything from the rampant waste, fraud, and of 250,000 troops in the winter and spring of Madam Speaker, counterinsurgency experts abuse of Iraq reconstruction funding to troop 2004, troop levels in Iraq were raised from will tell you that to pacify an occupied country readiness to the Iraq Study Group Report. 122,000 to 137,000. Yet, the increase did it is essential to disarm, demobilize, and re- But President Bush is still not listening to nothing to prevent Muqtada al-Sadr’s Najaf train (DDR) the local army. The idea behind a America. He is acting as if nothing has uprising and April of 2004 was the second DDR program is to entice, cajole, or even co- changed. He is not offering a way out of Iraq, deadliest month for American forces. erce soldiers back to their own barracks or to only a way forward that will take us deeper Madam Speaker, by more than 60 percent, other facilities where they can be fed, clothed, into the morass and quagmire. Americans oppose increasing American troop watched, retrained, and prevented from joining The troop surge proposed by President levels in Iraq. So do many of the nation’s lead- an insurgency movement, organized crime, or Bush is not a new strategy for success in Iraq; ing and most knowledgeable military officers. an outlaw militia. it is just the same old repackaged policy of In testimony before the Senate, Gen. John P. By disbanding the military and security serv- ‘‘stay the course.’’ This troop surge—this es- Abizaid, the former Commander of United ices without a DDR program, as many as one calation of the war—will not provide lasting se- States Central Command, stated: ‘‘I do not be- million Iraqi men were set at large with no curity for Iraqis. It is not what the American lieve that more American troops right now is money, no means to support their families, people have asked for, nor what the American the solution to the problem. I believe that the and no skills other than how to use a gun. Not military needs. It will impose excessive and troop levels need to stay where they are.’’ surprisingly, many of these humiliated Sunni unwarranted burdens on military personnel General Abizaid’s view is shared by Gen. officers went home and joined the burgeoning and their families. It is opposed by the Joint Colin Powell, the former Secretary of State Sunni insurgency. Chiefs of Staff. It is opposed by an over- and former Chairman of the Joint Chiefs, who The next major mistake made in the sum- whelming majority of the American people. It has said ‘‘I am not persuaded that another mer of 2003 was the decision to create an is opposed by a majority in Congress. surge of troops into Baghdad for the purposes Iraqi Governing Council (IGC), which laid the The architects of the fiasco in Iraq would of suppressing this communitarian violence, foundation for many of Iraq’s current political have us believe that ‘‘surging’’ at least 20,000 this civil war, will work.’’ And Gen. Barry

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But the resolution before Party are skeptical of the President’s latest choosing. It is time to rescind that blank check us isn’t about the war, it is about a ploy to salvage the mess he has made of Iraq. and return to first principles. specific tactical question: the number According to Sen. CHUCK HAGEL of Nebraska, That is why H.R. 930 also includes another of troops we need to deploy to finish the President’s escalation plan ‘‘represents the important legislative initiative, the ‘‘Military the job. most dangerous foreign policy blunder in this Success in Iraq Act of 2007 (MSIA).’’ This pro- I can’t think of a group that is less country since Vietnam—if it’s carried out. I will vision of my legislation is crafted to end the qualified to make strategic and tac- resist it.’’ Senator HAGEL is joined in his skep- American military involvement in Iraq and re- tical decisions on the ground than 535 ticism by Senators OLYMPIA SNOWE, JOHN deploy American troops out of Iraq. Members of Congress, sitting 6,000 WARNER, SUSAN COLLINS, GORDON SMITH, The MSIA declares that the objectives which miles away on Capitol Hill. Congress NORM COLEMAN, GEORGE VOINOVICH, SAM led Congress to pass the 2002 AUMF have shouldn’t be in the business of micro- BROWNBACK, ARLEN SPECTER, and a growing been achieved. It further declares that when- managing war tactics. list of others. ever the objectives set forth in an AUMF have Should we debate the war in Iraq? Madam Speaker, although Americans are been achieved, the AUMF expires automati- Certainly. Can we disagree about its right to oppose the President’s troop surge, cally. Then it finds that Congress is the ulti- goals and purpose? Absolutely. But de- stemming the chaos in Iraq will require more mate arbiter as to whether the objectives set cisions on the ground need to be deter- than opposition to military escalation. It re- forth in its AUMF have been achieved. mined by our military commanders on quires us to make hard choices. Because Congress now finds that the 2002 the scene, and not public opinion polls. It is past time for a new direction that can AUMF objectives have been achieved, my leg- Of course, the other responsibility of lead to success in Iraq. We cannot wait any islation provides that the authorization to use Congress is, when it comes to wars, the longer. Too many Americans and Iraqis are force conferred upon the President by the power to fund them. As a member of dying who could otherwise be saved. AUMF has now expired. My bill then makes the Appropriations Committee, I take Since the President still has not seen the clear that the President must obtain a new au- that responsibility seriously. But if my light, we need to make him feel the heat. I be- thorization to continue the use force in Iraq. colleagues on the Appropriations Com- lieve the time has come to debate, adopt, and Finally, my bill requires that if the Congress mittee and in the full House think the implement a plan for strategic redeployment. I does not vote to reauthorize the use of force war is a lost cause, if they think that am not talking about ‘‘immediate withdrawal,’’ in Iraq by March 31, 2007, then all American sending more troops to help secure Iraq ‘‘cutting and running,’’ or surrendering to ter- armed forces in Iraq must be redeployed out is the wrong strategy, they shouldn’t rorists. And I certainly am not talking about of Iraq. Thus, under my legislation, an up-or- hesitate to cut off the funding for the staying in Iraq forever or the foreseeable fu- down vote must be held by the House and operation. I wouldn’t support that ture. Senate to continue waging war in Iraq. measure, but at least it would be a I am talking about a paradigm shift. Rather Madam Speaker, our domestic national se- measure of genuine intent, not a two- than undertaking a misguided and futile surge curity, in fact, rests on redeploying our military paragraph statement on military tac- in troops, the United States should surge dip- forces from Iraq in order to build a more se- tics we have on the floor this week. lomatically. The Armed Forces of the United cure Middle East and continue to fight against Mistakes have been made. But this is States have performed magnificently. They global terrorist networks elsewhere in the a mission that is consistent with our won the war they were sent to fight. Their ci- world. Strategic redeployment of our armed vital interest and worthy of our sup- vilian leadership has not succeeded in winning forces in order to rebuild our nation’s fighting port. I don’t believe President Bush has the peace. capabilities and renew our critical fight in Af- prosecuted this war flawlessly, and, That is why I have introduced H.R. 930, ghanistan against the Taliban and al-Qaeda is frankly, I don’t believe he has always which among other things creates a high-level not just an alternative strategy. It’s a strategic particularly been well advised. But this Special Envoy to launch a new offensive on imperative. strategy of reinforcement is not always the diplomatic front. My legislation, the ‘‘Mili- My legislation requires the Congress to pro- supported by the President, it is sup- tary Success in Iraq and Diplomatic Surge for vide leadership on the most important issue of ported by the military and the political Political and National Reconciliation Act of our day. That is what the American people leadership of Iraq. 2007,’’ implements twelve of the most impor- want. That is what they voted for last Novem- People have to understand some- tant recommendations of the Iraq Study ber. That is what has been required all along. thing. We are facing an enemy like no Group, headed by former Secretary of State And providing constructive leadership that other we have faced before, an ideolog- James A. Baker and 911 Co-Chairman Lee will bring peace, enhance security, and save ical enemy driven by hate, not reason; Hamilton. lives is the task to which I am now, and alan enemy for whom there can be no Among other things, H.R. 930, would re- ways have been, dedicated. That is why I rest until the freedoms and values that quire a diplomatic full-court press designed to strongly and proudly support our magnificent, define our civilization are destroyed. engage all six of Iraq’s neighbors—Iran, Tur- heroic, and selfless service men and women. Victory is the only outcome that can key, Syria, Jordan, Saudi Arabia, and Ku- That is why I strongly support H. Con. Res 63 be accepted. But the resolution we are wait—more constructively in stabilizing Iraq. and squarely oppose the President’s decision debating on the floor this week was not These countries are already involved in a bi- to escalate the war in Iraq. I urge all members written with ultimate victory in mind; lateral, self-interested and disorganized way. to support the resolution before the House. it was written in expectation of defeat. While their interests and ours are not iden- Mrs. WILSON of New Mexico. Madam And, unlike some of my colleagues, I tical, none of these countries wants to live with Speaker, I am pleased to yield 5 min- am not willing to concede to defeat. an Iraq that, after our redeployment, becomes utes to my colleague from Pennsyl- So many families have sacrificed so a failed state or a humanitarian catastrophe vania (Mr. PETERSON). that we can be successful in Iraq, and that could become a haven for terrorists or a Mr. PETERSON of Pennsylvania. they are willing to sacrifice even more. hemorrhage of millions more refugees stream- Madam Speaker, the situation we are To cut support for them now would be ing into their countries. facing in Iraq right now is serious. The unforgiveable. Madam Speaker, when Congress authorized resolution we are debating here to- You know, Mr. Speaker, watching the president to use military force in Iraq in night, unfortunately, is not. the debate on the floor this week, my 2002, it departed from the wisdom of our fore- Everyone agrees the situation on the thoughts keep going back to the fathers. The Framers understood that while ground is unacceptable. To make it Loudon family who live in my district. the military does the fighting, a nation goes to right, we need leadership, resources, Their son Christopher, a member of war. That is why they lodged the power to de- and resolve. What we don’t need is 36 his college ROTC program, was declare war in the Congress, the branch of gov- hours of time trading speeches on a ployed to Iraq after graduation and ernment closest to the people. They knew that nonbinding measure, a measure that came home this fall in a flag-draped the decision to go to war was too important to imparts no new policy, offers no new coffin.

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00077 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE H1748 CONGRESSIONAL RECORD — HOUSE February 15, 2007 Their son Nicholas is a West Point failed stay-the-course strategy dressed failures of the past is not a new strat- graduate I nominated to the Academy, up with a little bit of escalation. egy. Vice President DICK CHENEY, de- who served with his brother in Iraq, But as President Theodore Roosevelt spite the grim National Intelligence and he is heading back to Iraq this said during World War I, standing by a Estimate acknowledging the civil war weekend for another tour of duty. President, whether right or wrong, is in Iraq, dismissed suggestions that Iraq Their son Jonathan, their youngest, not only unpatriotic and servile, it is is a disaster, saying, ‘‘The reality on and another one of my Academy nomi- morally treasonable to the American the ground is that we have made major nees, is going to West Point this fall. public. progress.’’ Vice President CHENEY. The Loudon family had great concern Supporting the troops doesn’t require Optimism, stay the course, and delu- over whether to send their third and supporting the failed policies of this sion and denial, those do not serve our youngest son to West Point. In the end, President and his administration. The troops well. We need a real change in they were swayed by their son’s com- Republicans don’t want to debate the strategy. mitment to serve his country and their conduct of the war and the future A better strategy is to announce a shared belief that his mission is one strategy in Iraq. The former Repub- time line negotiated with the Iraqi worth fighting for. lican chairman of the House Intel- Government to bring our troops home If the Loudons can remain strong and ligence Committee, PETER HOEKSTRA, over the next 6 months to a year. committed in the face of the most dif- wrote a letter to his colleagues saying, The administration has always set ficult circumstances any family can ‘‘This debate should not be about the time lines for political developments in endure, why can’t Congress? surge or its details. This debate should Iraq, for the elections, for the drafting I have gotten other calls from fami- not even be about the Iraq war to date, of the constitution. The administration lies in my district. One mother called mistakes that have been made, or argued such time lines were necessary this week to tell me that her son, a whether we can or cannot win mili- to focus the energy of Iraq’s leaders young man named Nathan Stone whom tarily. If we let the Democrats force us and to force compromises. We need to I nominated to West Point in 2001, is into a debate on the surge or the cur- do the same on the military side. Nego- currently serving in south Baghdad, rent situation in Iraq, we lose.’’ tiating a time line for bringing home sweeping the city, going door to door, So change the subject. Make things U.S. troops with responsible parties in risking his life so the Iraqis can live up. the Iraqi Government would boost the their lives with a basic security. And There is a massive propaganda effort Iraqi Government’s legitimacy and do you know what he told his mother on the part of many Republicans to dis- claim to self-rule, and force the Iraqi to relate to me? He told her that they tract and dissemble. They have trotted Government to take responsibility for are making a difference, they are see- out the tired and thoroughly discred- itself and its citizens. Negotiating a ing progress. They need help, they need ited catch phrase, ‘‘If we don’t fight withdrawal timeline and strategy with these troops, and they will be excited them there, we will fight them here,’’ the Iraqi Government could more than when they get them. invoking the specter of Osama bin possibly anything else improve the If First Lieutenant Stone believes Laden and al Qaeda. However, U.S. in- standing of the Iraqi Government in that these additional troops are vital telligence agencies, including military the eyes of its own people, a significant to him completing his mission in Bagh- intelligence agencies, have refuted that achievement in a region where the dad, that tells me a lot. And if the claim that the conflict in Iraq is driven standing of rulers and governments is Loudons can send their youngest son to by al Qaeda. It is not. The violence is low, and it could also abate the West Point knowing that he may some driven by a civil war primarily between insurgencies of both Sunnis and Shias. day be called into service himself, that the Iraqi Sunnis and Shias in a 1,400- Too many Iraqis view us as an occu- tells me all I need to know. year-old conflict, and our troops are pying force. Large majorities of both Mr. Speaker, no one likes war. No caught in the middle of that civil war. Sunnis and Shia want U.S. troops to one wants our troops to be in Iraq one The recent National Intelligence Esti- withdraw, and approve of attacks on minute longer than they have to be to mate definitively put that issue to our men and women in uniform. ensure the mission is accomplished. rest. The Iraqi Sunnis and Shias have 2030 Reasonable people may disagree on no interest in or capability of attack- b strategy, but this resolution is not ing the United States. The U.S. must engage, despite the re- about alternative viewpoints. There Osama bin Laden, al Qaeda, and their luctance of this administration, in ro- are no different courses offered, no sug- Taliban allies are still alive and active bust diplomacy with all factions in gestions, and no responsibility taken. on the border of Afghanistan and Paki- Iraq, except the foreign terrorists and I stand with the Loudon family and stan, thanks to the Bush administra- domestic al Qaeda elements and work Lieutenant Stone, and vote opposed to tion and the massive diversion of our with Iraq’s neighbors in an effort to this resolution. troops and resources from Afghanistan bring about political reconciliation Mr. SMITH of Washington. Madam to an unnecessary war in Iraq. We do among Sunnis, Shias and Kurds. Our Speaker, I yield 51⁄2 minutes to the gen- need to reinforce our troops in Afghan- troops have done all that has been tleman from Oregon (Mr. DEFAZIO). istan in order to end, once and for all, asked of them in Iraq. Mr. DEFAZIO. I thank the gen- the threat posed by al Qaeda and the Saddam Hussein is dead. His allies tleman. Taliban leadership. are on the run or in prison. The threat We are debating a simple, straight- Our Nation and our troops were led from WMDs is nonexistent. The war forward resolution. Clause 1 says, into the war in Iraq by the distortion that has been authorized by Congress is ‘‘Congress and the American people of intelligence, dissembling by the won. The troops should come home. will continue to support and protect President, and senior members of the Congress should not authorize U.S. the members of the United States administration. It is time for the troops to referee a civil war in Iraq. Armed Forces who are serving or have truth. The Bush administration has Mrs. WILSON of New Mexico. Madam served bravely and honorably in Iraq.’’ saddled our troops with a failed strat- Speaker, I am pleased to yield 5 min- Every Member of Congress, despite egy in Iraq. It is that failed strategy utes to my colleague from Missouri outrageous allegations from the Repub- that hurts our troops, not the words of (Mr. HULSHOF). lican side of the aisle from some, fully those of us who have pointed out the (Mr. HULSHOF asked and was given supports our troops and wants them to obvious failures by this administra- permission to revise and extend his re- have the best equipment available to tion. marks.) accomplish this mission. The disagree- I don’t believe there is a level of U.S. Mr. HULSHOF. Madam Speaker, on ment is over the strategy that deter- troops that could stabilize Iraq at this November 19 of 1863, President Abra- mines their mission. point and resolve these underlying ham Lincoln rose on the platform at The Republicans don’t want to have a ages-old sectarian conflicts. Gettysburg, Pennsylvania, following a debate over that strategy. They are The President remains optimistic. 2-hour oration by Edward Everett, and trying to conflate support for the However, optimism is not a strategy. gave a brief but very eloquent dis- troops with support for the President’s Staying the course and repeating the course that has become a prominent

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00078 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE February 15, 2007 CONGRESSIONAL RECORD — HOUSE H1749 part of our country’s heritage. At the Iraq. Widely known as a brilliant tacti- ple statements aren’t legally binding. dedication of the Gettysburg National cian in the area of counterinsurgency, But they are binding promises to the Cemetery he acknowledged, ‘‘The world General Petraeus was unanimously American people who voted for us to will little note nor long remember confirmed by the other body. change the direction. Promises are im- what we say here, but it can never for- Today, however, the majority desires portant. When soldiers and their fami- get what they did here. It is, for us, the to deny this extremely capable com- lies go to war, our government prom- living, rather, to be dedicated here to mander the means to accomplish his ises to support them, and that we the unfinished work which they who objective. Isn’t it incumbent upon us, should. fought here have thus far so nobly ad- as Lincoln urged, to remain dedicated Just think, if we made the same vanced.’’ to the task remaining before us? promise to the school children when Can we find some poignancy today in Haven’t many in this body expressed they go to school, that we would pro- those simple words uttered 7 score and frustration that the Iraqi Government tect them from school violence and 4 years ago? What is the unfinished has put limitations on the rules of en- fully support their efforts to get an work that confronts this body politic, gagement of our troops in our field, not education, and that we should. and more to the point, does this resolu- allowing our military to hunt down the Just think, if we made that promise tion promulgated unilaterally by the enemy because insurgents had escaped to provide health care for 47 million majority advance the cause for free- to a safe haven in a region deemed off- Americans who are without health in- dom for which 3,000 of our countrymen limits by the Iraqi Government? surance today, and that we should. The have given the last full measure of de- Well, isn’t the majority party doing promise and the list of promises goes votion? exactly the same thing half a world on and on, many unmet domestic needs For all of these rhetorical away with this resolution? Isn’t deny- that are not getting attention because meanderings that have occurred lo ing military additional reinforcements of the war in Iraq. these many hours, the responsibility deemed necessary by our generals in Some say this resolution is meaning- for the current state of affairs in Iraq the field hampering our last best less. I disagree. It is a promise, and rests squarely with the majority of chance for success? promises are important. If we can support our troops and we Members who serve in this Congress of Two nights ago I was moved by the can support the teachers who are edu- the United States. Back on December quiet eloquence of the distinguished cating their children, we can support 17, 1998, do you recall House Resolution gentleman from New York (Mr. the health care providers that are car- 612 which declared in pertinent part, MCHUGH) when he made the simple yet ing for their loved ones. ‘‘Resolved, by the House of Representa- ironic observation: At no time in our By voting for this resolution, we are tives that . . . the Congress reaffirms Nation’s history has this House consid- making a promise to the American peo- that it should be the policy of the ered a public rebuke of a sitting Com- ple to change United States’ policy on United States to support efforts to re- mander in Chief for the manner in the war. This resolution doesn’t end move the regime headed by Saddam which a war has been conducted that the war, but it begins a new direction. Hussein from power’ and to promote Congress itself has authorized. This is the first time that we have the emergence of a democratic govern- On that score alone, I find this reso- said ‘‘enough is enough’’ to the Presi- ment to replace that regime.’’’ lution breathtaking in its audacity. If I dent. It is a good start. If we go on I note that the gentleman who just may be allowed to paraphrase the record in opposition to troop surge, we spoke, along with 400 other Members of Great Emancipator, it is true, the can express our disapproval to the the Congress, supported that resolution world will little note nor long remem- country’s addiction to oil and to the as the policy of the United States, and ber what we say here, but the world rich getting richer and the poor getting thereafter in October of 2002, Congress, will never forget what we do here. poorer. We can express our disapproval both the House and the Senate, ap- I urge rejection of this resolution. of the policy that keeps homeless peo- proved the resolution approving the Mr. SMITH of Washington. Madam ple on the streets, that keeps one in six use of force and military action nec- Speaker, I yield 5 minutes to the gen- American children living in poverty, essary to effectuate that policy of re- tleman from California (Mr. FARR). and allows our skies and oceans to con- gime change. Mr. FARR. Thank you for yielding. tinue to be polluted. Now, deposing the former dictator, in Madam Speaker, it is a pleasure to So to the American people, I thank relative terms, was the easy part, see you in the Chair tonight. you. I thank you for getting involved, yanking him from his hiding place, a I would like to thank the new leader- because when you do, politicians re- hole in the ground. He eventually stood ship in the House tonight for the op- spond. You have empowered us to chart trial in the dock as a common accused, portunity and the time to allow this a new course for the war in Iraq, and I was judged by his countrymen accord- body and the Members of this body to am proud to cast my vote for this reso- ing to the rule of law, and held to ac- go on record about the President’s war lution. count for the brutality of his many strategy. Today we are keeping our promise to crimes. Of course I would prefer that we were the people, for what we do for our A second policy objective, promoting debating my bill, H.R. 413, which would brave troops, we can do for all of God’s a democratic government has been the rescind the authority that we gave the children. Yes, Mr. President, we can harder path, but though difficult, is it President to invade Iraq back in Octo- tell you that you are wrong. no less important? As my friend and ber of 2002. I voted against this war In closing, I think what this debate is colleague, my classmate from New then, and I will continue to do so now. about is to wake up the world. America Mexico (Mrs. WILSON) so passionately We just cannot thank, though, our is coming back. It is coming back with and persuasively annunciated yester- leadership. We have to thank the the most powerful force on Earth, the day, America has vital national inter- American people, the people that went energized electorate. This resolution is ests in Iraq. to the polls in November, who voted for a breath of fresh air in our Nation’s Does anyone argue the contrary? Can a change and a new direction for this Capitol. It is time to get out of Iraq, it we not all agree that we must deny al country. You, our constituents, voted is time to lead. Qaeda sanctuary in Iraq? Do we not for this change, and now you are wit- Thank you, Speaker PELOSI, for further agree that Iraq must not be the nessing the historic debate on the bringing us this far in just a few short source of instability in the Middle President’s policy in Iraq. weeks. Eastern region? This resolution that we are voting on Mrs. WILSON of New Mexico. Madam Well, if we can agree on these points, is very simple. It has two sections. The Speaker, I am pleased to yield 5 min- can the majority make a legitimate first section affirms our support for our utes to my colleague from Mississippi case that this resolution accomplishes troops who are serving and have served (Mr. PICKERING). either of those important interests? in Iraq. Mr. PICKERING. Madam Speaker, I President Bush recently nominated The second section expresses dis- rise in opposition to this resolution. General David Petraeus as the new approval over the deployment of 21,000 As we look back through our Na- Commander of Multinational Forces in combat troops in Iraq. These two sim- tion’s history, and we look back at all

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00079 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE H1750 CONGRESSIONAL RECORD — HOUSE February 15, 2007 the great chapters, there were mo- that we had a leader who intervened ican troops in Iraq. They warned that ments, decisive, critical moments, and brought stability to a critical re- doing so would continue to stretch our where our Nation could have given up, gion of the world, and new democracies troops too thin, hampering our abili- or given in, could have withdrawn, emerged. ties to simultaneously face other could have surrendered, and those mo- We started this effort together after threats in the world. ments that make us most proud are 9/11. We all remember standing on the It would severely affect America’s those chapters in our history where we steps and singing ‘‘God bless America.’’ army readiness, and it would not give did not give up, retreat, surrender. We can remember going to the cathe- the Iraqi Government the incentive If we had a mission, we completed it. dral, the National Cathedral, and pray- needed to help bring security. If this If we look to Lincoln’s message at one ing for our guidance and for our unity. assessment is so clearly in opposition of those turning and tipping points in We authorized the war together. We to a long-term deployment in Iraq, why our history at Gettysburg, when this adopted a policy of regime change to- is the administration doing the exact Nation was in the midst of its bloodiest gether, overwhelmingly. opposite? civil war, Lincoln said, We here highly And now, 4 years later, when it is dif- They are calling for a bigger commit- resolve that these dead shall not have ficult and grave doubts rise, will we ment of troops, for more expenditure of died in vain, that this Nation under give up, or will we complete the work lives and treasure with no end in sight. God shall have a new birth of freedom. and finish the work in which we can be They speak of victory, but what is vic- We have a new Nation trying to grasp proud? tory? Was it finding weapons of mass its first breath of freedom, to form a destruction? There were none. Was it a b 2045 more perfect union of freedom and nuclear weapons program? There was equality and democracy. Lieutenant Joshua Trapp, who flies not one. Was Iraq an imminent threat Lincoln’s second inaugural address: Apache helicopters in Iraq, deployed to our security? We were told it was, With malice toward none, with charity this spring after his marriage to Eliza- but in fact it was not. for all, with firmness and the right as beth of only 3 weeks. He now believes They claimed that they would ex- God gives us to see the right, let us and hopes that he can complete his haust all options before taking mili- strive on to finish the work we are in, mission. tary action. But they did not even wait to bind up the Nation’s wounds, to care I rise today in Joshua Trapp’s name, for the weapons inspectors’ final re- for him who shall have borne the battle and all of those other Mississippians port. Was our goal to impose democ- and for his widow and his orphan, to do who have given their lives, that their racy on the entire Middle East? The all which may achieve and cherish a life may not have been in vain, and war has inflamed and destabilized the just and lasting peace among ourselves that their mission may be supported in region. Whatever their justification, and with all nations. this body in this time and this place they have embarked on a policy that is Today I took a couple on a tour of and that it is a chapter we in this place dragging America into the mire of an- this great Capitol, and we walked into will remember as we age and grow old other country’s civil war. the Rotunda under the magnificent that we did not walk away, retreat, In this civil war we don’t know who’s dome, the place where if you put the surrender, but we finished the mission. shooting. We just know that all sides Statue of Liberty, it would still have Mr. SMITH of Washington. Madam are shooting at us. We also now know room within that dome. Speaker, I would just first observe that that there was no al Qaeda connection The dome was finished and con- none of these soldiers who died in Iraq, in Iraq before we invaded. The Penta- structed during our Civil War. Abra- no matter what happens from this gon’s Inspector General has reported ham Lincoln was questioned during point forward, died in vain. No soldier that Douglas Feith, the Pentagon’s that time, Shall we devote our time who dies fighting for his country and Under Secretary, cooked intelligence and our resources and the labor to the his comrades dies in vain, regardless of reports to make a case to go to war completion of the dome, or should that the politics. I hope we would all under- based on al Qaeda. It is tragically iron- go to the war effort? And Lincoln said, stand that. ic that now by invading we have actu- No, that is a symbol of our union, and Madam Speaker, I yield 5 minutes to ally made Iraq fertile territory for al we will complete the work of the dome. the gentlewoman from New York (Mrs. Qaeda recruitment. When Lee met Grant at Appomattox, MALONEY). Madam Speaker, on top of their rush it is said that Lee’s first question to Mrs. MALONEY of New York. Madam to war and their insufficient planning, Grant was, Have they finished the Speaker, for almost 4 years the admin- their mismanagement is legendary. dome yet? They had just finished it in istration has been saying, just give us They initially estimated that the war the spring of 1865. more time, just give us more money, would cost 50 to $60 billion. But by the Today that dome defines and symbol- our plan will bring peace. And now end of this year, Congress will have izes the strength of our Nation and of they are saying, we need more troops, spent about half a trillion dollars, ten our democracy. Many in the world 48,000 of them. But we have already had times the original estimate. probably thought during that time four troop increases since we went into Last week, we had a hearing on $12 that we would never survive, and the Iraq and none of them have brought billion that was airlifted into the war real question for many of us today as a stability. zone and now $8.8 billion is unac- Nation at war that is spiraling in civil Tragically, this war has cost more counted for, completely missing. war, can that civil war end? Can a nathan 3,100 American lives, 143 from my Madam Speaker, how much mis- tion be unified? Could the hatred and home State of New York, and thou- management and misdirection can this the violence be stopped and then rec- sands of Iraqi lives, as well as more country tolerate? onciliation bring unity? than 20,000 injured American soldiers In November, Americans voted for a There are many on the other side who will carry their wounds for the new direction for the war, a new direc- who believe that it is futile, that all rest of their lives. tion for Congress. I rise in support of civil wars will never end, that these an- The bipartisan Hamilton-Baker Com- this new direction and against this es- cient hatreds will not stop. But if we mission called for a different approach. calation in Iraq. look to our recent history in Bosnia, They said: ‘‘The situation in Iraq is Mrs. WILSON of New Mexico. Madam there was a President of the other grave and deteriorating.’’ As Mr. Ham- Speaker, I yield 4 minutes to my col- party who stood and said, We can inter- ilton said: ‘‘The current approach is league from Ohio (Mr. TIBERI). vene. We will give our military and our not working. And the ability of the Mr. TIBERI. Madam Speaker, I rise diplomatic resources to bring about an U.S. to influence events is dimin- in opposition to this resolution this end to civil war. ishing.’’ evening. He was successful, and history judges The commission called for greater The resolution we are debating this him well for that. To be honest, many use of diplomacy. And the commis- evening is a nonbinding resolution. It on this side of the aisle did not stand in sion’s report stated clearly that we has no effect of law. It does nothing to support of that President at that time. must not make an open-ended commit- change our direction in the war on ter- But our Nation remembers and are glad ment to keep large numbers of Amer- ror. For those who oppose the war, this

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Because For all of the chest pounding from the his remarks.) our active duty force is too small to majority about a new direction or rede- Mr. ABERCROMBIE. Madam Speak- sustain our engagement in Iraq and Af- ployment, this does nothing. This reso- er, as chairman of the Armed Services ghanistan. To have acted to ensure the lution could pass 435–0 and it still Committee on Air and Land Forces, my burden of this war would be more would do nothing. overriding concern on every issue that broadly shared, that the industrial sec- Madam Speaker, there has been no comes before us is whether and how it tor would be mobilized, and the mili- opportunity for a free exchange of pro- supports our men and women in uni- tary equipment, supply and mainte- posals this evening that could be useful form. nance and repair systems put on a war- in moving us forward. In fact, just this Every decision about equipment, pro- time footing would have been expen- morning, one of Ohio’s largest news- curement, training, end strength or sive and an admission of a reality the papers, the Columbus Dispatch, said it budget authorization must meet this Bush administration did not want to best in their lead editorial: ‘‘Empty test: Does it support our troops? The confront. gestures. Democrat’s resolution on question before us today, increasing The real and immediate concern is Bush’s Iraq war policy is political pos- U.S. forces in Iraq by some 21,000 com- that forces now being deployed as part turing.’’ bat troops and somewhere between 3 of this surge will not have the equip- That says it all. Madam Speaker, and 28,000 support personnel fails this ment they need when they get there. your party has the majority in the test in every respect. They will have to borrow it. We are not House and in the Senate. Yet we have Both the immediate and long-term fully prepared to respond effectively. tonight before us a resolution that does effects of the war in Iraq on our Na- The House then is considering an ex- not do anything. If the majority wants tion’s military preparedness are evi- pression of support or opposition to an- to exercise real leadership, let’s have a dent and drastic. Extended deploy- other failure of leadership. Nearly 23 true debate. Let’s make real decisions, ments, premature redeployments, and years ago, President Ronald Reagan’s tough decisions, that is for sure, but sustained combat under unbelievably Secretary of Defense, Caspar Wein- real decisions. harsh conditions have taken a terrible berger, outlined in a speech entitled Madam Speaker, let me tell you toll on our forces and their equipment. ‘‘The Uses of Military Power,’’ six tests about a young marine corporal in my The results are an overstretched U.S. that need to be applied whenever com- district. His name is Matt. Matt rep- Army and Marine Corps with no fully bat forces are contemplated. resents the best and brightest in Amer- mission-capable Reserve forces, and an One: never commit forces unless the ica. Matt had a scholarship to go to urgent need for billions of dollars to re- particular situation is vital to our na- college. He turned it down. He enlisted pair or replace worn and damaged heli- tional interest or that of our allies. in the United States Marine Corps copters, tanks, other armored vehicles, Two: if we are willing to commit the after Iraq was liberated. including up-armored Humvees and force or resources necessary to win, we Matt was on his second tour of duty other equipment. should commit them all. just last month when he was shot. He I recently returned from an inspec- Three: we should have clearly defined returned home a few weeks ago. Matt tion of two of the Army’s busiest repair political and military objectives. Four: will receive a Purple Heart. Weeks be- depots in Corpus Christi, Texas, and the relationship between the objectives fore he was shot, Matt sent an e-mail Anniston, Alabama. What we saw there and forces, size, composition, disposi- back to his family and friends in Ohio. were skilled and dedicated employees tion, must be continually reassessed In it he says: ‘‘We have done a lot of working feverishly to make sure that and adjusted. good in Iraq, but on the homefront we our men and women in uniform, par- Five: we must have the support of likely will not see that reported.’’ Matt ticularly those in Iraq and Afghani- the American people and their elected said he has watched his fellow marines’ stan, have every piece of equipment representatives in Congress. Six: the hearts grow heavy when they talk to they need to do their jobs and keep commitment of U.S. troops to combat their family and friends, and that this themselves safe from harm. should be a last resort. President is a tough part of war and a tough part What we saw were the results of an Bush’s policies have failed every one of of fighting for freedom. administration’s abject failure to mo- then-Secretary Weinberger’s tests. I spoke with Matt a few days ago as bilize this country’s industrial base for What then are the consequences of we began debate on this resolution. this war of choice. Only now are we this failure? Our troops are in peril. Matt asked me to oppose the resolution ramping up America’s manufacturing Our credibility is shattered and the les- and give him and his fellow soldiers the capacity to fully support our troops at sons of the past are submerged in tools and the support that they need to home and overseas. empty rhetoric and political dribble. help Iraqis help themselves take con- Smugly self-righteous in its belief trol of their own country, and together that U.S. troops would be targeted with b 2100 fight and defeat radical extremists. nothing more lethal than rose petals, Make no mistake, we are engaged in Matt supports the mission. Matt does this administration has been compla- a war of choice, a catastrophe con- not want to see his children and grand- cent in leaving the burden of the war ceived in ideological zeal, cloaked in children going back to Iraq to handle on the men and women of our Armed misinformation and administered with what can and should be done now. Our Forces, active, Reserve and National breathtaking incompetence. constituents elected us to lead, Madam Guard. The impact of this attitude hit It is an outrage that we have not had Speaker. Our brave servicemen and home for me in Corpus Christi when I a single policy in Iraq worthy of our -women look to us for leadership. We read recently about the death in Iraq of men and women in uniform. This surge must not disappoint them. a 48-year-old Army sergeant with five is yet another misstep in this tragic Matt, God bless you and your fellow children. journey to disaster. We need to end it troops for your great and wonderful Newspaper Columnist Dan and end it now. service to our country. I will vote Thomasson asked: What in the world Mrs. WILSON of New Mexico. Madam against this resolution, this non- was a 48-year-old man with five chil- Speaker, I am pleased to yield 41⁄2 min- binding resolution tomorrow, and will dren doing in the military in Iraq? The utes to my colleague from Minnesota do all I can to support you and your answer is obvious, he was a member ei- (Mrs. BACHMANN). fellow soldiers in your mission to fight ther of the National Guard or the Re- Mrs. BACHMANN. Madam Speaker, and defeat radical extremists who seek serve. The Guard and Reserve are being the morning of September 11, 2001, I to destroy our way of life. used in a way never contemplated. was a Minnesota State senator meeting

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00081 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE H1752 CONGRESSIONAL RECORD — HOUSE February 15, 2007 with a group of local educators at a American soldiers, please know that Some thought we would never send Perkins Restaurant in Woodbury, Min- many of us in this Congress stand our troops into harm’s way without nesota. Because you can’t find a baby- strong in our resolve to support you proper equipment. Now we know bet- sitter at 7 o’clock in the morning, I had and our fight to preserve America’s ter. my three daughters with me at the res- freedoms. On my watch, I pledge to you Some people thought the people of taurant when I learned of the attacks. during this, my term in Congress, that Iraq would welcome us with open arms, After that meeting, I dropped our girls I will stand for you, and I will vote to and that the war would be won swiftly. off at school and then, together with preserve America’s freedom. Now we know better. millions of Americans, in horror I And I want to say to you this evening Some thought on May 1, 2003, some 4 watched my television as the terror un- that it is American soldiers, Minneso- years ago, that the mission was accom- folded. Thousands of innocent Ameri- tans, who are in the National Guard. It plished. Our President told us so on an cans were targeted for death that is members of the Minnesota National aircraft carrier in a photo-op. Now we morning by an evil regime of radical Guard who make up over 10 percent of know better. jihadists. Then came the challenge of this increase in troops. Minnesota is Most importantly, we know that explaining to our children the mag- supplying over 10 percent of those young Americans have heeded their nitude of the tragedy that had just be- troops. country’s call and have placed them- fallen our Nation. As a mother, I can I had the brigadier general of the selves in harm’s way to serve America. tell you it was one the most difficult Minnesota Guard in my office yester- There is nothing nobler than the sac- conversations that I have ever had. day, and I asked him, What is the mo- rifice made by our men and women in September 11 galvanized Americans. rale? What is the message that these uniform. But such sacrifice should We knew without a doubt that we had troops want me to know? And he said, never be secured through deception. an enemy, but America fought back, They want you to know that they Now we know better, and we must do united. We were attacked on Sep- stand ready to fight, and their morale better. tember 11, but the radical Islamic is high. Early on, many of my colleagues in jihadists declared war on innocent I say thank you to the Minnesota Na- the Progressive Caucus did not believe Americans long before that morning tional Guard. Thank you for your sac- all they were being told about the con- and, chillingly, that war continues rifice. Thank you for your bravery. I nection between 9/11 and the terrorists even today. Their brand of evil chooses will stand with you. Just as the Min- and Iraq. We were all very concerned to kill the greatest number of innocent nesotans who stood first in line in the that pursuing an invasion of Iraq would civilians. They are a cruel enemy. They battle to fight for our Union, it is Min- be an act of aggression unheard of in are unwavering in their resolve to seek nesota who is standing strong in this our Nation’s history. the total annihilation of the United battle to fight. It is the battle of our What makes America unique is we States of America and of our freedoms, time, the balance of our generation, believe that our Nation is founded on and of our Western allies especially. and I stand with you. the rule of law, and that is what has Mr. SMITH of Washington. Madam They seek to destroy our friend, the made our country great and why we Speaker, I yield 5 minutes to the gen- State of Israel. have been respected all over the world. Today, Iraq is the central front in tleman from Tennessee (Mr. COHEN). Millions of Americans put faith in Mr. COHEN. Madam Speaker, the this war, and that is according to the the administration. Many could not great poet, Maya Angelou said, ‘‘When radical Islamists themselves. Some in have imagined that such a disastrous I knew better, I did better.’’ course would be pursued without truth this Chamber may want to deny that I am a member of the Progressive beyond the assurances that were given. fact. However, it is the jihadists who Caucus, proudly so, because I believe But now we know. chose Iraq as the central front in the that we must always strive to do better war on terror. It wasn’t the United We know we have lost the goodwill of to truly make progress. many of our allies. We know we have States. And we fight them on their A sign of intelligence and learning is no exit strategy. We know that more turf. Al-Zawahiri has said many times to take the knowledge that we have ac- Americans will sacrifice their lives. We that Iraq is one of the crucial fields in quired and adjust our goals accord- know that mothers, fathers, wives, the Islamist war. The radical Islamists ingly. For some, it seems to be a badge husbands and children will weep. Chil- know that they cannot beat us with of honor to stay the course, no matter dren will be orphaned, and young peo- guns and with bullets alone. They can what facts have come to light to con- ple will spend their lives maimed. And only beat us in one way, and that is if tradict that course. they crumple the resolve of America to So what did some think they knew for what? fight and to win this war. then, and what do we actually know We can choose enlightenment or we To American soldiers, I want to say now? can choose blind ignorance. We can to you specifically tonight, know that Some thought Iraq played a part in choose to wrap ourselves in the Amer- many of us here in the United States the attacks of 9/11. Now we know bet- ican flag and claim that anyone who Congress support you and your mis- ter. demands answers about the reasons for sion. We pray for you. We love you. We Some thought that invading Iraq sending our troops into harm’s way is appreciate you and your sacrifices on would not diminish our ability to con- unpatriotic and does not support our behalf of our freedoms. It is because of tinue our mission in Afghanistan, de- troops. your bravery that we will defeat the feat the Taliban, and find Osama bin We can choose to use the knowledge radical jihadists. Surrender is not an Laden, the mastermind of the terrorist we now have, or we can cling irration- option, not if our goal is the mainte- attacks in America. Now we know bet- ally to the President’s failed policies nance of freedom. ter, but we still don’t know where that led us to war. It is very telling, I think, that the Osama bin Laden is. The Earth is not flat. The sun does resolution that we are debating this Some thought that the intelligence not resolve around the Earth, and we evening only states what those on the used by the President to lead us to war did not go to war for the reasons we other side of the aisle oppose. After all was accurate. Now we know better. were told. I don’t know what the real these hours of debate, the American Some thought that Saddam Hussein reasons were. Maybe we will never people have yet to hear a plan from the had weapons of mass destruction, know. But we do know better now and, Democrats for victory in this war which could not be discovered by the knowing better, we must do better. against terror. U.N. peacekeepers. Now we know bet- That is why I support this resolution, I believe, and you, our troops, know ter. why I support our troops, why I oppose that victory against the evil people Some thought that Saddam Hussein the escalation, and why we must follow who want to kill Americans transcends tried to purchase yellow cake uranium the recommendations of the Baker- politics. Victory in this war means from Niger. Now we know better. Hamilton Commission and shift from that no mother will have to explain to Some thought that we did not need the war zone to the diplomatic arena. their children the death of thousands the support of the free world to enter We have gone from shock and awe to of innocent Americans. into war. Now we know better. aw shucks.

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00082 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE February 15, 2007 CONGRESSIONAL RECORD — HOUSE H1753 And escalating this war by putting bolden that rogue regime to question take the first step toward a course cor- 20,000 Americans into the streets of America’s resolve. rection in Iraq that the American peo- Baghdad, ala Mogadishu, aka While we can disagree on whether to ple voted last November. Blackhawk Down, is inviting a 21st send reinforcements, we must all agree We also put the leaders of Iraq on no- century Pickett’s Charge or a Charge that the consequences of losing the tice that our troop strength there will of the Light Brigade. battle on the global war on terrorism is be redeploying, not escalating. May God save us if the President of catastrophic and far-reaching. This House cannot stand by and ex- the United States will not. America must not be a Nation where pect our courageous troops to win the Mrs. WILSON of New Mexico. Madam our school buses, our malls, our neigh- war against terrorism militarily while Speaker, I am pleased to yield 5 min- borhoods, become the battlefields for the Commander in Chief loses it strate- utes to my colleague from Texas (Mr. the war on terrorism. Therefore, we gically and ideologically. NEUGEBAUER). should be saying we will not retreat, Some have said passage will make Mr. NEUGEBAUER. Madam Speaker, we will not back down from this fight. bin Laden smile. They are mistaken. I rise tonight in strong opposition to We should stand 100 percent behind our He is already smiling due to the de- this resolution and in strong support of troops and give them the tools and sup- volving chaos in Iraq. He is achieving our troops in the mission as they fight port necessary to get the job done. Our exactly what he set out to do: forcing the global war on terror. security depends on it. us to destroy a nation to save it, while I am really disappointed in the hol- Unfortunately, this resolution fails embroiling our military in an unending low resolution that does not match the on each front. This resolution does not Islamic civil war of attrition that pro- seriousness of this issue that we are de- put forth a successful strategy for vic- duces more terrorism and anger toward bating. It appears politics, not the safe- tory, and the resolution does not show America. ty of our Nation, is leading the way. our troops that they have our full sup- Our mission in Iraq is struggling, but Not long ago, several of my Demo- port. it is not due to a shortage of supplies cratic colleagues were arguing we need In fact, for the last 2 or 3 days, you or a lack of will or poorly trained additional troops in Iraq. But now the have not heard one solution offered by forces. To the contrary, we have the President and the Iraqi Study Group the other side. You have not heard one best military in the world, with every say, send more troops, and now the solution offered of what happens if the dollar appropriated by this very House. Democrats are against it. President is right. This is too impor- Our mission is faltering because the So when they say, now that they tant of an issue for us to be backing President misjudged the field of battle. have the ability to and the responsi- down from and to be having silly polit- Our troops are poised against a border- bility to govern, the majority has no ical debates. less political movement determined to plan for success. In fact, the only plan To the contrary, this resolution only mobilize downtrodden people. is to cut funding for our troops on the serves to score political points and em- That idea emboldens its adherence to ground in Iraq. barrass the Commander in Chief during confront the largest military force in Statement after statement from a time of war. It does so while, at the the world. That idea enlists the weak Members on the other side of the aisle same time, weakening the morale of to confront the powerful. It pits puri- paint a very clear picture. This week’s our troops. Fighting and winning the tanical religious followers against debate is merely paving the way for fu- war is serious business. It requires our kingdoms, against the superrich, and ture cuts in funding for Iraq. The reali- President, our military leaders, our against corrupt regimes they deem to ties of the current global conflict de- elected officials to make important de- be unfaithful. And in Iraq it propels mand a more responsible approach cisions, tough decisions. Yet making Sunni against Shia. from this body. tough decisions is what the American Despite the heroic efforts of our We know that terrorist enemies are people expect their Representatives to troops, the paradox is that the war in patient. They are calculating, and they do. Iraq cannot be won in Iraq. Indeed, the intend on attacking us again. They Therefore, I call on my colleagues to war in Iraq becomes counterproductive have stated that Iraq is the central reject this resolution, end the political in winning the war of ideas across the front for the global jihad, yet expelling stunts, take seriously our responsi- region. America from Iraq is merely the first bility to govern and to ensure the safe- We cannot ask our troops to bear the step in their strategy. ty and the security of the American burden of winning a ground war when We also know that leaders of the ter- people. the President’s policies have lost the rorist organizations have ordered their This has been a rock fight. This is idea war. followers to extend their jihad not a place for a rock fight. This is a We know the truth. There were no throughout the region and the world. place for serious deliberation to make chemical labs, as pictured here, when So it is clear that the attacks on our sure that we keep America safe, both Secretary Powell laid out the case country and the citizens will not stop today and in the future. against Iraq before the U.N. and said if the troops pack up their bags and re- I urge my colleagues to reject this there were chemical labs in Iraq. There turn from Iraq. The terrorists will fol- resolution. were no such chemical labs. There was low us back to our America. no yellow cake uranium from Niger, A long list of terror attacks took b 2115 and there were no weapons of mass de- place long before 9/11 and long before Mr. SMITH of Washington. Madam struction. we entered Iraq and overthrew Saddam Speaker, I would just argue, first of all, We cannot ask our troops to win Hussein. I respect the gentleman from Texas, military victory when the administra- I, like everyone else, want our troops but I have only been here for an hour tion’s reason for invasion were false- to come home as soon as possible. How- and 15 minutes and I have heard count- hoods and debased our Nation through- ever, with shortsighted political cal- less alternatives from many Demo- out the world. culations made in this body that may cratic speakers. May not like those al- The intelligence was not faulty. No cause us to lose that war, terrorist ternatives, may not think they are the one should be allowed to blame this on groups will only be encouraged to ex- best course, but it is wrong to say that the Central Intelligence Agency. Our pand their efforts. the Democrats have not offered alter- intelligence community, including the In addition to the terrorist groups native courses of action in Iraq. They CIA, tried to tell President Bush and who are watching this debate and our have offered a good many. Vice President CHENEY, but they reactions in Iraq, we also know that Iran Madam Speaker, I yield 51⁄2 minutes fused to listen. will see that America is buckling to to the gentlewoman from Ohio (Ms. Madam Speaker, though I voted for our political reactions to this issue. KAPTUR). the NATO mission in Afghanistan, I Not only does Iran stand to benefit Ms. KAPTUR. Madam Speaker, I spoke out strongly against the resolu- from increased instability in the re- thank the gentleman for yielding. tion authorizing President Bush to gion, but seeing America retreat in the With this resolution, Congress puts wage preemptive war against Iraq be- face of military obstacles will only em- the Bush administration on notice we cause I feared what would happen:

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00083 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE H1754 CONGRESSIONAL RECORD — HOUSE February 15, 2007 more terrorism, not less; more insta- These facts should lead us to face a fu- And again congratulations on mak- bility, not less. ture of a new possibility. ing people think that this is bipartisan Since that vote I have supported our This resolution opens that door. I support, that this is going to be bipar- troops at every turn and will continue urge my colleagues to vote ‘‘yes.’’ tisan support for a resolution that, in to support them. And I do not regret Mrs. WILSON of New Mexico. Madam fact, achieves nothing but the discred- my vote against the war in Iraq, and I Speaker, I am pleased to yield 51⁄2 min- iting of a President of the United do not apologize for my support of our utes to my colleague from Florida (Mr. States in a time of war. So I also want troops. But now is the time to take the MICA). to extend congratulations to the first step toward course correction to Mr. MICA. Madam Speaker, first let crafters of this illegitimately drafted redeploy them more effectively. me say to those who question our going nonbinding resolution. Your accom- The roots of terrorism did not spring into Iraq, I voted to go into Iraq and I plishments will be lauded by Hamas, al from Iraq. Terrorism sprang from dip- would vote the same way again. We Qaeda, touted by Al Jazeera, and high- lomatic and political failures in un- have found 300,000 mass graves to date, ly praised by America and Bush haters democratic states, from an Afghani- and standing right at this podium, the throughout the world. stan that was let fester after the So- Iraqi leader told us that Saddam Hus- Ironically, I pulled this up. Google it viet defeat. Terrorism springs from an sein slaughtered 1 million of his fellow yourself. This is tomorrow, 8:17 Mecca Iran whose Shia majority our Nation citizens. time, Al Jazeera: ‘‘Democrats Attack has isolated for the last quarter cen- The question before us tonight, and Bush War Policy,’’ and the lead quote tury and tried to throttle for the prior what Congress is now considering, is a is from Speaker PELOSI. Again, congratulations on your quarter century. nonbinding resolution that makes two achievement. Terrorism springs from Saudi fami- points. The first point is it praises our Fortunately, though, folks, through- troops. The second point is it speaks lies who pay to promote the most rad- out history great Presidents have ig- against the President’s decision to in- ical form of Islam in other nations to nored Congress and have not wavered. hold onto power in their homeland, one crease or surge our U.S. troop numbers George Washington was nearly recalled of the most undemocratic places on in our current attempt to end the civil by Congress in the darkest hours of the Earth. Terrorism springs from the and terrorist conflict in Iraq. American Revolution. He fought on for unaddressed Israeli-Palestinian stand- Let me say at this point that I do not nearly 8 years to gain our independence off. Terrorism springs from a Lebanon fault individual Members and their and freedom. Abraham Lincoln endured where the Shia majority has been choice made tonight or tomorrow to untold criticism in Congress in his underrepresented in the institutions of support or oppose the arbitrary non- fight to ensure freedom for those once government. binding resolution that is before us. I enslaved. Ronald Reagan never flinched Terrorism springs from a view, fair do, however, fault the failed Democrat in his quest to bring down the Iron Cur- or not, that the United States allies leaders who crafted this resolution be- tain and free millions. And George with the rich but not the poor across hind closed doors, written in the dark Bush will be remembered for freeing the undemocratic Islamic world. How of night. Iraq, giving women and the oppressed can America stand for democracy in The people should know that this is the right to vote, for conducting free Iraq but not in all of the oil kingdoms not a true debate. In fact, this exercise elections, helping Iraq adopt a con- and theocracies to which this Nation is a 3-day politically hatched farce. In stitution, and combating terrorism and has been unfortunately tethered for fact, this exercise is absent of any le- extremists. our entire adult lifetimes? gitimate legislative process. It is also, The 110th Congress, however, will go How can we ask our troops to bear in fact, vacant of the two options pro- down in history for adopting a non- the brunt of war in the most oil rich vided Congress under our Constitution: binding resolution. Think about it. region of the world when we have re- first, to declare war or, second, to ap- Yes, we all want our troops home. We fused to become energy independent propriate funds for the conduct of war. all want our children to live in a world here at home? In fact, this is a stealth resolution of peace. And this resolution will not Madam Speaker, we cannot ask our brought to the floor absolutely void of help us achieve either of those goals. troops to bear the burden of war when the democratic process; that our men Mr. SMITH of Washington. Madam real diplomacy has been absent and po- and women are fighting, as we are here Speaker, I now yield 5 minutes to the litical coalitions for victory are miss- tonight, to preserve our freedoms at gentleman from Illinois (Mr. JACKSON). ing in action. In the end, war is the home and the rights at home and ex- (Mr. JACKSON of Illinois asked and breakdown of diplomacy. tend those rights to oppressed people was given permission to revise and ex- Now is the time for a course correc- abroad. tend his remarks.) tion: redeloyment of U.S. forces, bench- This is not Cuba. This isn’t Ven- Mr. JACKSON of Illinois. Madam marks to measure strategic achieve- ezuela. This is not North Korea or Speaker, I rise today in defense of our national security, in support of our ments, diplomatic alternatives such as some Third World country. This is the troops, and in favor of this resolution. a soft partition of Iraq enforced by the Congress of the United States. This measure is a first and important But let me congratulate the authors world community to quell the rising step in preventing the President’s ill- Sunni-Shia-Kurd standoff. of what history will surely record as a conceived escalation plan; reversing Chances are the violence in Iraq very dark chapter in the conduct of the our present, perilous course; and ulti- could continue for years to come. The House leadership and the House of Rep- mately bringing our brave troops home danger now is that our actions to date resentatives, leadership, in fact, en- from Iraq. exacerbate it and encourage this vio- trusted to them by the American peo- Mr. President, when in a deep hole, lence to spill over into Jordan, Turkey, ple. stop digging. Bahrain, Kuwait, Lebanon, and even Let me congratulate the authors on But rather than searching for a way Saudi Arabia. the clever wording of a resolution to out, the President proposes to dig down This resolution begins to resurrect praise our Armed Forces and at the deeper, plunging further into a dark America’s reputation among the free- same time undermine our Commander abyss. Blinded by ideology and steeped dom-loving nations of world. America in Chief. Very clever. in delusion, the administration’s an- has always been a nation that believes I also want to congratulate the very swer to the chaos in Iraq is to send an in containment, not preemption. We clever timing of the floor discussion of additional 21,500 troops into the middle have always known defense, not of- this worthless measure that disregards of it. fense, is the best war strategy. We have the fact that American troops have al- I do not support the President’s always been strong enough to ferret ready been deployed for this mission. shortsighted, wrong-headed, reckless out, wait out, outsmart, and counter- Congratulations are also in order for approach. And on behalf of the Amer- weight the enemy. duping the public and the media into ican people, this House must act now 3,117 U.S. dead; 23,000 injured; hun- creating the illusion that Congress is to stop the continuation of an ambig- dreds of thousands of Iraqis dead; the really doing something about the con- uous, constantly changing, open-ended rejection of the world community. flict in Iraq. engagement in Iraq.

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00084 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE February 15, 2007 CONGRESSIONAL RECORD — HOUSE H1755 During the last 4 years, our men and The President’s plan attempts to im- called a surge, which is disrespectful to women in uniform have answered the pose a half-baked, unworkable military the plan. But it makes good politics, call of duty. They have demonstrated solution, when Iraq needs a political and that is what is disheartening to true courage and bravery and honor. one. Rather than a military escalation, me. They have served our Nation valiantly, this situation in Iraq requires a diplo- Madam Speaker, I yield 2 minutes to even as many civilian leaders have matic and political intensification. The the gentlewoman from Ohio (Mrs. failed them. American military must stand down, SCHMIDT). I mourn the loss of 3,100 Americans so the Iraqi people can stand up and Mrs. SCHMIDT. Madam Speaker, I who died, 95 of whom are from my seek a political settlement and assume rise tonight after another long day out home State of Illinois. I pray for the responsibility for their own future. The of disappointment—disappointed that thousands who have been seriously Iraqi government must engage in nego- we are not having a real debate about wounded and permanently disabled. tiations and compromises that balance how we win in Iraq. We have spent And I have voted again and again to the power of provincial and central countless hours in what is little more ensure that our troops in Iraq had the governments, share oil revenues and than political theater. body armor and the equipment that protect the rights of every Iraqi cit- This body is scheduled to meet 145 they need to protect their lives and dis- izen. days this year. Just to open our doors, charge their duties. The Iraq Study Group, co-chaired by we spend over $8 million for each legis- Tragically, the war in Iraq is a case James Baker and Lee Hamilton, relative day. This debate will cost some study in ‘‘mission creep.’’ And the fact leased a report in December stating the $30 million, yet it will yield nothing is no amount of troops can successfully same. They said the security situation but a partisan vote on a nonbinding complete a mission that is unclear, cannot improve unless leaders act in resolution after literally hundreds of that is ill-defined, that is muddled and support of national reconciliation. speeches designed to do no more than mutable. There is no action the American mili- charge up one’s own political base. During the run-up to the first gulf tary can take by itself that can bring I am deeply disappointed. The people war, then-Chairman of the Joint Chiefs about success in Iraq. expect more from us. They expect solu- of Staff, General Colin Powell, put As Democrats, we support our troops, tions, not grandstanding. They expect forth eight criteria to be met for mili- but we don’t support the Commander both parties to work together. There tary action. Among the critical ques- in Chief squandering billions of our tax will be no victory when our votes are tions posed by the Powell doctrine dollars and recklessly putting our tallied. We will have every problem we were the following: Do we have a clear brave soldiers in the cross-hairs of began with, but be even further apart attainable objective? Is there a plau- someone else’s civil war. I believe our politically. sible exit strategy to avoid endless en- domestic national security rests on re- Tonight, I believe we embarrass our- tanglement? Have the consequences of deploying our military forces from Iraq selves before our brave men and women our actions been fully considered? in order to build more consensus in the in uniform, before the American people The answer to each question when Middle East. and before our enemies. applied to Iraq today is the same as it To conclude, Madam Speaker, I sup- Mr. SMITH of Washington. Madam has been since the start of this war: no, port this resolution opposing President Speaker, I yield 5 minutes to the gen- no, and no. Bush’s failed policy of escalation. It is tleman from Oregon (Mr. time to bring a responsible end to this b 2130 BLUMENAUER). war, to bring our troops home, and to Mr. BLUMENAUER. Madam Speaker, With the help of its author, the Pow- bring them home right now. ell Doctrine was shredded to bits and after Congress has successfully com- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE pleted action on the first 100 hours, we the mission in Iraq is adrift. The SPEAKER pro tempore (Mrs. Consider this: On September 12, 2002, now begin a critical 100 days for the fu- CAPPS). The Chair must remind Mem- President Bush challenged world lead- ture of our engagement in Iraq, United bers that remarks in debate should be States policy in the Middle East and ers at the U.N. General Assembly ses- addressed to the Chair and not to the sion to confront the grave and gath- our struggle against violent fundamen- President. talism. Between now and the Memorial ering danger posed by Iraq’s weapons of Mr. BUYER. Madam Speaker, I yield Day recess, 100 days for Congress to re- mass destruction. However, no weapons myself such time as I may consume. of mass destruction were found there. Madam Speaker, I recall March 6, assert itself as a coequal branch of gov- Then President Bush shifted his jus- 2003. I came to this floor and spent an ernment, as envisioned by the framers tification, arguing that the war was hour and outlined the 17 resolutions be- of the Constitution, to change the about liberating Iraqis from a brutal fore the United Nations in which Sad- course in Iraq. dictator. But in December 2003, 4 years dam Hussein continued his open defi- This is a decisive moment. It is time ago, Saddam Hussein was found and ance. That is what was also discussed. for every one of us who would be a captured. He has since been tried and So what is lost from this debate is Sad- leader to lay our cards on the table. hanged for crimes against humanity. dam Hussein’s recalcitrance unto the Each must be true to our own con- After Saddam was taken into cus- world. As a veteran of the Gulf War, science and to the responsibility of of- tody, President Bush claimed that the that was ended by a ceasefire, where fice by letting the American people mission was to spread democracy Saddam Hussein did not uphold his end know honestly and directly what we throughout the Middle East. Yet Iraq of that agreement. stand for and what we would do in Iraq. has deteriorated into sectarian vio- To the last speaker, he spoke about This resolution gives clear and con- lence erupting into a bloody civil war. the political and economic, but in cise voice to the desires of the Amer- Now, with the violence increasing, order for an infancy government to be ican people. It expresses support for the President says our mission is to able to survive, you have to be able to our troops and demands that we not confront the terrorists in Iraq so we establish its political apparatus, you place more of them at risk without a don’t have to face them here at home. have to be able to give it its economic reason or a plan. And I strongly sup- However, according to government in- goals and a means to achieve them, but port it. telligence, the war in Iraq has helped you also need to establish security. Along with this resolution, the Con- recruit more terrorists, not vanquish Therein lies the President’s plan. He gress under Speaker PELOSI’s Demo- them. met with the leaders of Iraq and he got cratic leadership has already done Madam Speaker, now is not the time some concessions from Iraq. ‘‘In fact, more to provide oversight and account- to close our eyes, cross our fingers and you will take the lead, you will work ability than Republicans over the last 5 stay the course. We cannot continue to with your parliament, you will achieve years. We have held 50 hearings on the engage in the same action and expect a these political and economic goals as conduct of the war, fraud and failure in different result. We should not send we work together to establish your se- reconstruction efforts, and the outrage more of our soldiers to the desert on a curity.’’ That is the plan. of our troops being sent into harm’s mission that shifts like the sands be- The Democrats only want to focus on way without the equipment they need. neath their boots. one small portion of the plan, which is I applaud the efforts of our leadership

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00085 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE H1756 CONGRESSIONAL RECORD — HOUSE February 15, 2007 on the Appropriations Committee to Nall, a constituent of mine who was b 2145 end the practice of giving too much to killed in Iraq the very day the Presi- Just sit back and just bark at some- the wrong people to do the wrong dent taunted the insurgents to ‘‘bring one, yet offer no plan of resolution for thing. it on.’’ stability within the region. What is the However, these are only the first For Travis and over 3,000 of his brave plan of success for them? Silence. steps. We should not only oppose esca- comrades who have given their lives, I Let us also address the undemocratic lation of the war, but we should pass urge support of this resolution as a process under which their resolution legislation to bring the war to an end critical first step to bringing this trag- was brought to the floor here. We stand responsibly. Investigations must be fol- ic war to a close. here and debate how best to bring lowed by specific and personal account- Mr. BUYER. Madam Speaker, I yield democratic government to Iraq, yet ability for crimes that have been per- myself such time as I may consume. this majority in Congress shows the Madam Speaker, I stand before you mitted in the conduct of this war. leaders in Iraq how to be undemocratic in opposition to this resolution. It We should use the power of the purse and deny a Republican minority a champions a dismally irresponsible and to ensure that funds go specifically to chance to bring a substitute resolution. dangerous course of action. On its face, keep our soldiers safe, rebuild badly I find that quite ironic that this Cap- the resolution merely addresses the damaged military readiness, undertake itol that is supposed to be the most troop surge, ignoring the President’s new diplomatic efforts and support the democratic process in the world is now Iraqi people, not an open-ended occupa- plan in its totality, as I said earlier. I will now address our efforts to move undemocratic. tion. I beg of my colleagues not to play forward on the diplomatic and eco- For the last 2 years, I have been politics with the safety and security of nomic front. With regard to the estab- working with concerned citizens in Or- this Nation. I must remind this body lishment of government capacities, the egon to develop a responsible plan to and the American people the threat we end the war and provide the best hope establishment of the rule of law is a necessity, for to have Iraq address the na- face. for a better future in Iraq. Last month, Iraq is a critical front in the larger tional plan of reconciliation, to have I introduced comprehensive legislation, global war on terror. We are en- them pass enabling legislation for the the New Direction For Iraq, H.R. 663, as trenched in a fight against masters of Constitution and amendment process, a model for the kind of legislation that intimidation, bound together by an ex- and to set provincial elections, is ex- Congress should enact, and I am con- treme, perverted ideology which they tremely important. fident will enact. With regard to the economic piece, claim is a legitimate interpretation of This legislation would bring the the concession whereby the Iraqi gov- Islam. troops home, require a comprehensive ernment will seek to have a quasi-Alas- Our enemies seek to establish re- diplomatic effort, redirect reconstruc- kan model with regard to the revenue gimes that rule according to a violent tion assistance, promote international sharing of its precious assets is ex- and intolerant distortion of the Islamic efforts to disarm militias, investigate tremely important, because you do not faith, that is, to deny all political and and punish war profiteering and deal want the distribution of the oil pro- religious freedoms and aim to establish with the 2 million Iraqi refugees who ceeds to go to regional leaders. It will sanctuaries for violence and additional have been forced to flee their country, only empower them and then weaken attacks. They have no centralized com- people the administration has only re- the unity Federal Government. mand structure or place to call home. cently been able to recognize. With regard to the debt relief agree- Instead, they exploit local conflicts to A word about Iran. It is a complex ments, much has been negotiated, but build a culture of victimization. They puzzle, more difficult than any of us the neighboring Gulf States need to mobilize resentful, disillusioned, and imagine and one that poses real chal- step forward, and upcoming meetings underemployed young men and women lenges. But as the President marches are at hand. and have mastered technology to aid us closer and closer to a major provo- The debate seems to be on the secu- them in their bidding. cation, maybe a new war, whether in- rity piece. There are those saying well, Abu Masab al-Zarqawi, the former tentionally or not, Congress should not let’s just back out completely. They leader of al Qaeda in Iraq, explicitly let itself be steamrolled or lied to, as it use words such as ‘‘withdraw to the warned that the establishment of a was with Iraq; Congress must assert United States’’ and ‘‘redeploy.’’ But is democratic Iraq is the death of al itself with real diplomacy and a real that a plan? I haven’t heard any form Qaeda there. Think about that. The strategy. of military plan. They say what, we leader of al Qaeda in Iraq says to estab- It is also time that America lived up will just turn it over to them? Wow. lish a democratic Iraq is the death of al to our ideals. No more torture, kidnap- As we listen to the neighboring lead- Qaeda. Yet, what does the new major- ping and unauthorized wiretaps; no ers, they express caution of cata- ity want? Pull-out of our troops, weak- more lying and unnecessary secrecy; clysmic consequences. I fear how en the stability of that country, to be not treating the Constitution as a sug- America will be defined by our friends. overtaken then by al Qaeda, instead of gestion or using false claims about na- Do you reach out to a child as you are strengthening the democratic govern- tional security to score political points teaching it how to walk, let go of the ment, ensuring that they have an econ- against those of us who have been right hand and let them fall and say it is up omy political apparatus and have the about this war from the beginning. to you, and leave them alone? You are security to prevail, which is the death We must start treating the public going to have to find your way to the of al Qaeda. like a partner and recognize that they kitchen. Or do you go back and help Our resolve should be to succeed in are far ahead of the President and the them walk? this struggle, and we must be stronger Republican leadership. I am just frus- I am concerned about how cold and in our resolve than their resolve to in- trated to hear false analogies to the callous the new majority is to this new flict terror. At every step they are dark days of World War II or to the infant democratic government. But I watching our move, waiting for us to Civil War. We are bogged down in guess even more disconcerting to me is falter, fail, drop our guard, or just walk somebody else’s civil war, and we have the politics behind this resolution. away. been doing it longer than World War II While the majority tells the American General John Abizaid, the former or the Civil War, with no end in sight, public that change must occur, that we commander of U.S. CENTCOM, de- until now. are going on the wrong course, this scribed well the ramifications of let- They should join us in taking this amendment basically opts for the stating Iraq fall to terrorism in his testi- conversation to coffee shops, churches, tus quo, the same status quo for which mony before the United States Senate: campuses and conference rooms, work- they have attacked the administration, ‘‘The enemy’s vision of the future ing with the American people. which they campaigned against last would create a region-wide zone that Over the next 100 days, I will con- fall. would look like Afghanistan under the tinue to fight for a comprehensive plan They offer no solution, only acting as Taliban. Music would be banned, that I am confident will come forward. the critic, and being a critic is the easi- women ostracized, basic liberties ban- It is in the honor of Travis Bradach est role in the world. ished, and soccer stadiums used for

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00086 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE February 15, 2007 CONGRESSIONAL RECORD — HOUSE H1757 public executions. The people of the re- his lifetime. President Kennedy said, the parent of a fallen soldier painfully gion do not want the future these ex- ‘‘Let us resolve to be the masters, not reminds me of the great sacrifice we tremists desire. The more we talk the victims, of our history, controlling are asking from our men and women in about this enemy, the more its bank- our own destiny without giving way to uniform and their families. rupt ideology will become known.’’ blind suspicions and emotions.’’ There are also costs that we don’t This enemy uses suicide bombings, Madam Speaker, I reserve the bal- have numbers for, but they are worth beheadings and other atrocities against ance of my time. considering. How many children will the innocent citizens of the world to Mr. SMITH of Washington. Madam grow up without a parent because of pursue its objectives. They are the Speaker, I yield 5 minutes to the gen- this war? How many veterans’ lives enemy of freedom and wanting nothing tlewoman from California (Ms. LINDA will be forever altered because of the more than to disrupt peaceful, civilized T. SA´ NCHEZ). injuries they have endured? How are we people everywhere. No one is safe from Ms. LINDA T. SA´ NCHEZ of Cali- being perceived throughout the world, this hatred, and it is not restricted to fornia. Madam Speaker, I join my col- and has it made us more vulnerable to the Middle East. Just ask those in Lon- leagues today to add my support to terrorism? don and Italy and other places around this resolution. As we consider the President’s deci- the world. This is a global threat. Iraq This resolution is straightforward sion to send yet more troops and to es- is not the limit of this beast’s haven. and simple: we support our troops and calate the costs we are bearing, we It is the challenge of our generation oppose President Bush’s plan to send need to ask ourselves whether the cost to destroy this enemy wherever it more than 20,000 additional combat of sending more troops to fulfilled a lurks. We cannot do it without the re- troops to Iraq. flawed policy is justified. I don’t think it is, and most Americans don’t think solve, cunning, and above all vigilance. I support this resolution because we need a new direction in our Iraq policy. it is either. The price that we pay for freedom is As far as I am concerned, this is a This war has been going on for almost eternal vigilance from those who seek moral issue. We are not doing right by to steal it away. my entire service in this House, and our troops and their families to con- While we have not been attacked on during that time, I have heard one mis- tinue sending them into harm’s way our homeland since September 11, 2001, representation after another. without a winning strategy. it is not for the lack of the terrorists’ This war began on a flawed premise, And we are not doing right for Amer- efforts. We have been fortunate to have that Iraq had weapons of mass destruc- ica. Our continued presence in Iraq is spoiled and foiled several plots here in tion and posed an imminent threat to breeding new recruits for terror groups this country and around the globe. Yet, the world. After months of fruitless and eroding the readiness of our own the fight is far from over. Chances are searches, it became clear that there Armed Forces. that today you feel safe in your neigh- were no weapons of mass destruction; We are increasingly vulnerable to de- borhood. You can walk to the store. but 3 years after coming to that con- fending our interests in other parts of You can play with your children at the clusion, we are still in Iraq. the world, such as Afghanistan, where local park or in your backyard without Then we captured Saddam Hussein just yesterday The Washington Post having the fear of being blown up by a and more than 3 years later we are still reports that NATO lacks enough troops roadside bomb or being shot by a snip- in Iraq. We were told we needed to be to fight the Taliban and al Qaeda. er. You allow your children to go to there to fight the terrorists who at- It is time to change our tactics and the malls without fear of a suicide tacked us, but we all knew that al bring an end to our current mission in bomber. Qaeda was based in Afghanistan, not in Iraq. This resolution is not going to do It is that peace of mind, this feeling Iraq. that, but it is a first step in articu- of safety that we are endowed as the Vice President CHENEY said the in- lating to this President that staying elected leaders of this country to pre- surgency was in its last throes; and 20 the course is not working and it is not serve at all costs. months later, our troops are still in acceptable to the American people. I remind you that these extremists combat in Iraq. I urge all my colleagues to join me in want to disrupt and destroy our every We were told we were in Iraq to es- voting ‘‘yes’’ on the resolution. way of life. They are not equipped to do tablish democracy and freedom. Iraq Mr. BUYER. Madam Speaker, I yield battle on a conventional battlefield. now has a Constitution and an elected myself such time as I may consume. Instead, they look to disrupt our most government, but over 1 year later we Thinking about this debate, I re- basic freedoms, our securities and our are still in Iraq. flected back to when this House voted on the resolution to go to war and so institutions, public and private. The It was 3 years, 9 months and 2 weeks thought I would better look up what I world is their battlefield. Their hope ago that President Bush declared mis- said, because I remembered something and their goal is to outlast our resolve. sion accomplished, but our troops are that was very serious to me and what It is our burden to bear, our genera- still in Iraq. was very curious was the years before tion’s great challenge to defeat their We in this House and the American 2001. hopes and objectives. We cannot cower public have been continuously misled I had watched a lot of people vote and seek the sanctity of security in about this war. Enough is enough. If I against the defense bill. Yet coming off this challenge. You are not free when really believed that sending another of September 11, there was this bravado you cower. You have given in to the de- 20,000 troops would end the war and about going to war, and I felt a sense of signs of the terrorists if you do. bring stability to Iraq, I would support unease. So I thought I would go back This debate began with the Speaker it. It would be worth the sacrifice. But and see what I said when I came to the asking whether or not this resolution the war in Iraq cannot be solved mili- floor on that day, and I would like to will make our troops safer. The answer tarily because it is a political problem. share it with everyone. I believe is no. This resolution lacks So when the President wants to send I said: ‘‘I have seen great resolve ut- courage. It lacks leadership and it even more troops, we really need to tered in this Chamber and the swag- lacks a forward way of thought. This take stock of what that means for our gering display of courage. resolution, to me, is pure political the- country and the lasting impact that it ‘‘I can share with my colleagues, as a ater. The administration has given us a will have. veteran of the gulf war, that war may legitimate plan to work with, and the We all know the statistics: 3,124 be glorious in verse or prose, but in re- majority in this House has given us American troops killed; over 20,000 ality it is not. We are about to send nothing but criticism and a path for an wounded; and over $379 billion spent. America’s finest, and that means men easy way out that virtually holds the And I have seen the costs beyond the and women will die. It will be a noble door open for terrorists to destroy an numbers, and I am sure my colleagues cause, but we must remember the re- infant democratic government and to have as well. solve of this moment, because in war it open a way of access to the U.S. and Each visit that I have made to Wal- is chaotic. Not everything is going to our allies for terror. ter Reed, every wounded veteran that I go right. We cannot be 400 and 500 gen- I close with a thought from a past have met in my district and each con- erals between the House and the Sen- President who faced the trials of war in dolence letter I write to the widow or ate.’’

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00087 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE H1758 CONGRESSIONAL RECORD — HOUSE February 15, 2007 Now, I said that back on September very, very poignant remarks laying the rorists remain and continue to impact 14, 2001, trying to caution all of my col- foundation for all of us to understand the entire Middle East. That is why we leagues, many of whom had voted just how serious this challenge is that must succeed in Iraq. That is why we against defense bills, now rattling sa- we are about. cannot afford to withdraw troops now. bers, feeling this bravado of let us go to Mr. Speaker, I rise to oppose the res- Watching our floor debate last night, war. olution before us and urge those who my wife turned to me and said, ‘‘They Now I have to ask, was that a false are voting for it, or considering it, to want us to redeploy or withdraw. They bravado because now, as war has got- carefully reconsider their decision. want us to retreat.’’ She said, ‘‘George ten chaotic and has gotten hard and Section 1 simply expresses all of our Washington did not retreat when our difficult, now they cower, and I have support for our troops who are fighting country was in danger.’’ She ques- great concern. for our freedom and freedom in the tioned why we find ourselves in this So I ended with: ‘‘We cannot have the world in Iraq. kind of circumstance today. bravado of today and then run at the All of us agree with that piece of the I was reminiscent of that early time first sound of the guns.’’ statement, and each of us has ex- in our history when our Nation was Please remember this day when it pressed our support and encouragement threatened. The French came to our gets hard. to our troops in our own way and our rescue, our assistance, and indeed The gentleman I am about to yield own time. played a major role in our future Com- to, the gentleman from California (Mr. The second section challenges the mander in Chief himself being success- LEWIS), was chairman of the Defense President’s, actually the Commander ful. Appropriations Committee, and I rein Chief’s, request for a surge in Iraq. Americans should never forget that. member him well because I had served Much has been said about our going The Statue of Liberty stands on Ellis as the chairman on the House Armed to Iraq because of the prospect of weap- Island as a reminder of the French view Services Committee at the time and ons of mass destruction in the hands of of that young America, its potential, a served with Mr. SMITH, and when we the madman Saddam Hussein. We pre- land of hope where freedom could reign came out after Oklahoma City, then- sumed their presence, as most of the and opportunity indeed might abound. President Clinton, very concerned leaders of the world and most of the in- For that and many other reasons we about terrorism, and we passed our telligence communities of the world so love France, and the French people are first anti-terrorism bill here in the presumed. Not finding weapons of mass our friends. House and many people were like, wait destruction does not set aside the im- But France is not entirely the same a minute, that was a domestic act of portance of eliminating the force of country at this point in its history. terror. Saddam Hussein from the face of the She no longer provides such a leading No, President Clinton began to focus Earth. light for the world. No longer is it pre- abroad, not only upon the Russian It was my honor to lead one of the sumed that the French language should Mafia, but he was also focusing on early trips to Iraq following the fall of be the language of the international Osama bin Laden and other terror. It Saddam. We were about to consider an world. Today, about 10 percent of the can be debated whether or not he took $87 billion supplemental to help finance French population is Muslim. Much of great vigilance on that front or not, our presence in Iraq. I wanted to take that population is middle class and but let me post a real compliment to a team of Members who would reflect something less than a middle-class op- Mr. Clinton because he turned to Hugh much of the Congress, so that trip in- portunity. Shelton. cluded conservatives and moderates Within that group, there abounds the General Shelton was at the time the and liberals. It also included within us voice of Islamic extreme. There are commander of Special Operations. I Members who had voted to support those who advocate jihad and who was very upset coming out of the going to war and those who had voted would wipe France as we know it off House conference on the anti-terrorism against it. the face of the Earth. bill because JOE BIDEN and I were try- We visited most of Iraq, Mosul, We should not consider withdrawing ing to bring the country to roving Tikrit. We spent time in Baghdad. We now, because a stable Iraq is vital to wiretaps, but the country was not visited the killing fields where over our national interests and is an impor- ready for it. So then it was defeated. 500,000 bodies of Iraqis lie, Iraqis who tant part of our ability to promote I then get on the phone and call Gen- were murdered by Saddam Hussein. We peace and economic opportunity in the eral Shelton and bring him up to Wash- saw the golden palaces and visited the entire world. It is a critical battle- ington, D.C., and I asked him a simple industrial sites suffering under Saddam ground in our war against terrorism. question: What are the top ten un- Hussein’s neglect. We saw the eco- If we succeed in Iraq, we will have funded requirements that you have nomic conditions, the handbasket con- taken a gigantic step towards stamping given Special Operations, the missions ditions left by Saddam Hussein. out the source of terrorism that exists that you have to do in the dark world We stopped out of country on our in that part of the world. If we are not to secure America but you don’t have way home to consider the fact that successful in Iraq, we will meet ex- the resources to accomplish them? there was this supplemental appropria- tremist Islamic activism elsewhere. 9/ tions before us when we returned, some 11 was only a part of a beginning. If we b 2200 $87 billion, discussing what we had ex- do not stop extreme Islamic jihadists He sat down and he detailed them. perienced. And the experience had a in the Middle East, we will see it again, More importantly, as President Clinton tremendous effect upon all of our col- and most likely we will see it again then named him, appropriately and leagues. It is properly summarized by here at home. wisely, the Chairman of the Joint the statement of one of our Members Review with me for a moment where Chiefs, he worked then with JERRY who said: ‘‘You all know where I have we have been in Afghanistan and Iraq LEWIS and prepared the force. So when been coming from. I voted against the and where it may take us. Al Qaeda America was hit on September 11 and war. But after we have seen what we was nurtured and gained strength in we immediately sent those special op- have seen over this long stay in Iraq, I Afghanistan. America had played a key erators into Afghanistan, they were am afraid what I am about to do is role in forcing the former Soviet Union prepared, they were equipped, they going to be very, very unpopular at to cease its incursion in Afghanistan. were trained to fight in the dark world home but I don’t know how we can do The Islamic extremists who surround and special operations, and JERRY anything else. Sometimes,’’ he said, the likes of Osama bin Laden took ad- LEWIS, his leadership, was responsible ‘‘you have to be ahead of your people; vantage of the vacuum of Afghanistan, for that. sometimes we are elected actually to and used it as a training ground that Mr. Speaker, I yield to the gentleman lead.’’ would provide the terrorists an oppor- from California such time as he may That was almost 4 years ago. And tunity to spread their jihad around the consume. fast forward to today. Saddam Hussein world and spread terrorism with it. Mr. LEWIS of California. Mr. Speak- is gone, he is dead, and he is buried. America cannot allow the likes of er, I thank my colleague for those But the extremists jihadi Islamic ter- Osama bin Laden to have places like

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Shia would very likely be in that the opinion of the United States dom and oppose our very way of life. charge, and force would be exercised in House of Representatives on the most Make no mistake about it, there are the name of stability. important public policy issue facing forces in the Islamic world who do not Beyond that, Kurdistan in the offing; our Nation today is irrelevant. The believe we should exist. They may be an insecure Kurdish population to the opinion of the people’s House doesn’t relatively new or small in number, but north would do all it could to provide matter. there are those of Islamic jihadist ex- for its own protection. The prospects of Now, that explains a lot for the last treme who are committed to the death independent Kurdish region or state 4 years while the minority party was in of the nonbelievers. There are those on would create major tension between the majority, when they did not ques- the extreme Imam fringe who teach ha- Turkey and Baghdad and that new re- tion this President, when they did not tred for the infidels in mosques all gion in northern Iraq. Beyond that, express their opinion in a way that around the world. Sunni Iran would look upon the new di- would move us in a more positive direc- We do not want to believe in such ex- rection of Iraq with great concern be- tion. tremism as a country or a people, but cause of sectarian differences. I feel very strongly that it is abso- the true believers want all of us to be lutely the responsibility of those of us b 2215 dead, all Englishmen, all Germans, all in Congress who represent people, our French people, all Americans who are Fourth, the jihadist extremists of constituents, to express our opinion. In not committed to their belief. The hea- Islam would have increased sway in the a way we are expressing their opinion. thens should be dead. How else would entire region. The threat of terrorism That is what we are supposed to be one be able to convince men, women, all over the world would be a reality to here in the House, the most directly re- and children to strap themselves with those who would but look. Indeed, the flective voice of the people of this bombs and kill the innocents by the prospects, to say the least, should be country. thousands? If not death to all infidels, frightening to anybody who will but So to say that this is irrelevant is how else would a mother praise Allah look. just an absolute attack on the Con- as her young child explodes as a bomb Ladies and gentlemen, Mr. Speaker, stitution and the way this country is in a crowded train station? all of our country, please realize that supposed to be set up. We must express The war on terror goes well beyond this is not the time to walk away. This our opinion on the most important Iraq. But make no mistake, that war is the time for the only remaining su- issues of the day. will not be won by walking away from perpower in the world, America, to lead Then we come to the next issue, Iraq. on behalf of freedom, to lead on behalf which is, you cannot question the Com- The President has called for a surge of people who are looking for oppor- mander in Chief. He is the guy in of just over 20,000 troops. That request tunity and change for the entire world. charge, he knows more than the rest of does not flow from a naive presumption Mr. BUYER, I very much appreciate us. You cannot question him. It under- that maybe, just maybe the battle for your extending me this time. mines everything. Baghdad can be won by a few brave Mr. BUYER. Reclaiming my time, I Let me say I express a certain men. thank the gentleman for his contribu- amount of sympathy for the view that The call for these troops is a change tion. in strategy, a strategy that suggests we should place faith in the Com- Mr. Speaker, I reserve the balance of that, with the leadership of such brave mander in Chief. That is a good part of my time. men committed to taking the Iraqis the reason why I voted for this resolu- Mr. SMITH of Washington. Mr. out front, can lead the way to a suc- tion 4 years ago. A little more than a Speaker, I yield myself such time as I cessful change in Baghdad, indeed, a year after 9/11, our President was say- may consume. change throughout Iraq; a strategy ing to us, To prosecute the broader war I guess the first thing I want to point that the President would suggest in- on terror I need this authority. And I out, and there are other arguments I volves clearing areas of Baghdad, clear- had my doubts, but, by and large, I want to make, but during Mr. LEWIS’ ing other areas throughout Iraq, stabi- want to be supportive of the Com- comments, and I have a great deal of lizing them, and then providing the mander in Chief, recognizing the power respect for the gentleman from Cali- real opportunity for democratic growth he has. fornia, he mentioned that, you know, and change in Iraq. But the question I have for the mi- A successful stabilization of Baghdad George Washington never retreated. nority is for how long? How many mis- indeed is only the beginning point in Well, as it happens, I just read a biog- takes does this President have to make Iraq. To me, this kind of change is the raphy of Mr. Washington, and not to go before we don’t have an obligation, not real hope for the people, not just of puncturing holes in the midst of our just a right, but an obligation to ex- Iraq, but of the entire region. To me, great Nation, he retreated a fair press our disapproval and try to get that is the definition of success in Iraq. amount, actually. him to move in a different direction? If we are successful, we will have In fact, I don’t know where we got Books have been written, more than I changed the face of the Middle East. A this idea that the great leaders of our can count, about all of mistakes that successful Iraq will send a great mes- time only went forward. We have heard this President has made in Iraq; books sage to the likes of Iran, Syria, Yemen, about President Kennedy and President not written just by opponents of the and Indonesia. Truman. At one time or another, they war, many of them written by pro- The chance for a long-term peace and retreated from a fair number of battles. ponents, outraged that they took their the chance for stability in the entire Now, sometimes that was a wise and idea, the President took their idea and Middle East is the great strategic in- tactical maneuver to win the larger made such a hash of it. terest of the United States saving tens war. Sometimes it was a mistake. We have an obligation at some point of thousands of lives are worth a great History judges, but I think it does to stand up and say, enough. Mr. Com- commitment by the world’s only resort of portray the thinking of the mander in Chief, I am sorry, but based maining superpower. The economic President that the only way is forward, on 4 years, we do not trust you enough values that are to be gained from stabi- regardless of the details. A little more to give you a blank check anymore. We lizing the region are impossible to esti- thought, I think, might help us. I will have to express our opinion, and that is mate, but they can be measured in return to that point at the end of my what this resolution does. multiple trillions of dollars. remarks. Let me also assure you, we want to But what happens if we walk away But the first thing I want to say, I win. We, on this side of the aisle, recog- now? Also difficult to estimate, but think this is by and large a very good nize everything that has been said on here are but a few of the possibilities. debate on a very important issue facing that side about the threat that al And listen to the possibilities: our Nation. The only time I become Qaeda and their followers present. We

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00089 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE H1760 CONGRESSIONAL RECORD — HOUSE February 15, 2007 will fight them anywhere, anytime, be- But our friends on the other side of the aisle plex web of frequently changing alliances and cause we recognize that threat. claim that such a statement is meaningless. interests that makes it impossible for our In fact, I believe that there is al This is an astounding assertion. The United troops to separate good guys from bad guys. Qaeda in Iraq, and we should fight States House of Representatives—the elected This is why our troops cannot stop or even re- them. voice of the people of our Nation—stating duce the violence. And the Maliki government But what we are talking about spe- clearly and on the record how they feel about we are being asked to support spends as cifically today, and Mr. BUYER men- the single most important policy issue of our much time acting like they are supporting the tioned the 21,000 troops, that is the as- time is meaningless? This opinion, expressed Shia side of the civil war as they do acting like pect of the plan that we focused on, by the minority party, perhaps explains the they want to bring Shiites, Sunnis and Kurds precisely because that is the aspect of utter lack of oversight and accountability that together to form a stable Iraq. the plan that is most wrong, that does they employed when they were in charge— Al Qaeda is in Iraq and we should continue the exact wrong thing, sending 21,000 standing by and acting as mere cheerleaders to target them, but that effort will require a far, U.S. troops to fight in a civil war that for the President’s actions in Iraq as he made far smaller U.S. military presence than we has been better described by some of mistake after mistake. The other side of the have there today. Currently we are expending my colleagues, so I won’t go into it any aisle at least has a consistent record of believ- an enormous amount of resources in Iraq, further, that they cannot possibly sort ing that the opinion of Congress, a body our most of which is going towards putting our out the bad gays from the good guys is Constitution set up as a coequal branch of forces in the middle of a chaotic civil war the exact wrong thing to do. government with the Executive, is meaning- where our efforts do not advance and may Given that feeling, and I have person- less. even retard our fight against al Qaeda. That ally thought about this a great deal, I As much as I disagree with this conclusion massive military commitment reduces our abil- met with the President on a couple of as to the proper role of Congress in express- ity to pursue al Qaeda in the dozens of other occasions as he outlined this plan. I ing its opinion on the Iraq War, I do under- nations where they have influence—most glar- talked with many soldiers who served, stand this initial reluctance to pressure Presi- ingly in Afghanistan and Pakistan. gotten many opinions on this, and have dent Bush to change course. In a time of war This larger, more important fight is not sole- come to the honest conclusion that it we all want to stand behind our Commander- ly or even primarily military. Diplomacy and is a mistake, that it undermines our in-Chief as a first option, and the powers of other efforts to move disaffected Muslim popu- ability to win that larger war against the presidency make it difficult for Congress lations away from joining al Qaeda are a huge al Qaeda, which is the war we are fight- to, in a clear-cut straightforward manner, direct part of our battle, and we need to enhance ing. Given the fact that I feel that way, I the President in the conduct of war. But the those efforts. But we can’t, because we’re would be betraying everything that I President’s record of mistakes in Iraq makes it hamstrung both by a lack of resources—finan- said I was going to do when I got elect- clear we can no longer cling to this first option, cial and strategic—that are tied down in Iraq, and because our open-ended occupation of ed if I didn’t on the RECORD express and, difficulties notwithstanding, the cost of that opinion. That is what this resolu- continuing down the same path the President Iraq continues to undermine America’s stand- tion does. has been pursuing in Iraq has reached the ing in the world. So I know this hope will go point where Congress must at least try to Instead of sending more troops to Baghdad unfulfilled, but I would hope at a min- force a change in direction. the United States policy in Iraq should be to imum that the minority can stop say- This effort should logically begin with a clear instruct our military leaders there to put to- ing that the opinion of this House is ir- statement from the House that we disapprove gether plans to as quickly and responsibly as relevant. If they feel that way, they of the way the President is conducting the war possible reduce the number of U.S. troops in should all just go home. All right, it in Iraq. That is what this resolution does. With Iraq. We need our troops to focus on al matters. You may disagree with the this vote members can no longer hide behind, Qaeda and its supporters, not to be bogged opinion we are expressing. I urge you ‘‘on the one hand, but then again on the down in a sectarian civil war that is only tan- to vote ‘‘no’’ if you feel that way, but other’’ statements. We can all mutter about gentially related to the larger fight against al I don’t feel that way. things we don’t like in Iraq, but an official on Qaeda. I feel we need to tell the Commander the record vote is required to make that dis- The first, critical step in this process of in Chief that he has led us down one approval clear. Do you support the way Presi- changing our policy in Iraq is this resolution. too many blind alleys. We disagree dent Bush is conducting the war in Iraq? Yes Congress must make its disapproval of the with him. We want him to change or no. President’s policy in Iraq clear and on the course, and that is the will of the peo- And make no mistake about it the Presi- record. ple’s House, being expressed by us. dent’s plan to increase the number of U.S Mr. Speaker, I yield 5 minutes to the That is not just our right. It is our troops in Baghdad represents no change in gentleman from Maine (Mr. ALLEN). duty as Members of Congress. policy. It is stay the course, more of the same. Mr. ALLEN. I thank the gentleman Mr. Speaker, it has been nearly four years In the last year we made large increases in for yielding. since the war in Iraq began—four-and-a-half the number of our troops in Baghdad twice al- Mr. Speaker, I thank our Speaker since President Bush and his team in the ready. Both times violence went up in the city, and the majority leader for scheduling White House started the effort to launch our and as we have begun the current increase in this long overdue debate on Iraq. For 4 nation on the path to this war. We learned a troops that violence has once again increased. years we have suffered from a Congress lot during that time frame, but two things stand The lesson should be clear at this point— that was unwilling to lead, and content out. First, the war effort has failed to achieve United States military might will not stop or simply to follow on Iraq. The previous the outcome the President hoped for, instead even reduce the violence in that city. majority gave the President a blank creating problems he clearly felt would not Listening to the arguments against this reso- check for the war and rubber-stamped come to pass. Even he admitted that he is dis- lution helps to understand why our President the funding. They ignored oversight, satisfied with the way the war has gone. Sec- insists on making some of the same mistakes avoided investigations, and stifled de- ond, at every step along the way, beginning over and over again in Iraq. We are told that bate. with the way the President got us into the war, our fight in Iraq is a clear-cut battle against the Today in Iraq, the price of this ne- right up to the President’s latest plan to once same type of al Qaeda-backed extremists who glect is the loss of too many American again increase the number of U.S. troops in attacked our Nation on 9/11 and that we are lives caught in the crossfire of a sec- Baghdad, President Bush and his administra- defending a worthy Iraqi government against tarian civil war. tion made mistake after mistake—failing to an these evil forces. If this were true, I would Now our new Democratic leaders and almost incomprehensible level to learn from support whatever increase in troops was nec- committee chairs are asserting Con- past errors or to demonstrate even a modest essary to defeat that evil force. gress’ constitutional responsibilities on level of competence in prosecuting this war. But it is not even close to true—it is instead war and peace. We are reclaiming a Countless books from all points on the political a dangerous attempt to paint a black and congressional role in foreign policy in spectrum lay out in painful detail all the mis- white picture on a situation that is far, far more order to bring a responsible end to the takes this administration made in Iraq. complex. Baghdad is caught in a sectarian U.S. military involvement in Iraq. One It is way past time for this Congress to civil war. Both Shia and Sunni militias are bat- step is this resolution, which sends a stand up and say enough. We disapprove of tling each other as well as United States vital signal of disapproval of the Presi- what President Bush is doing in Iraq. forces and the Iraqi government. It is a com- dent’s escalation plan. Another is the

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00090 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE February 15, 2007 CONGRESSIONAL RECORD — HOUSE H1761 ambitious list of long overdue over- with skill, determination, and courage. no, no. Don’t put U.S. ground troops on sight hearings. We owe them and their families our the floor, and that was in the middle of In the first 5 weeks of this Congress, gratitude and our unwavering support. the Dayton Peace Accords. we held more hearings on Iraq than the Like every Member of Congress, I Bill Clinton was very upset with me. Republicans held in all of 2006. The have been to too many funerals not to So the President brings me down to the next step, we should use the appropria- understand the sacrifice of those who White House and says, hey, work with tions bills to shape policy in Iraq. have served, and their families. Neither me. So I said, I will, and we drafted I strongly support the Skelton-Lan- H. Con. Res. 63 nor H.R. 645 cuts our benchmarks for the success of the civil tos resolution, which expresses support funding for armor and protective equip- implementation of the Dayton Accords. for the troops and disapproval of the ment still needed by troops in the war I worked with President Clinton. President’s escalation. Only a political zone. Congress must take a long over- Where do I hear you working for a so- solution, not a military one, will ad- due leadership role in ending this war. lution in Iraq? Don’t just be the critic. dress the sectarian conflict in Iraq. Yet This resolution is an important first I ask of my colleagues, where is your President Bush has rejected the wis- step, and I urge all Members to support consistency and your policies? If you dom of his military commanders, the it. are as consistent as you were for a Iraq Study Group, and many other ex- Mr. SMITH of Washington. Thank Democratic President, it was a human- perts by choosing to send more troops you, I just want to add, before reserv- itarian cause in Bosnia, I don’t hear into a Sunni-Shia conflict that we can- ing the balance of my time, I want to you talking at all about the atrocities not control. thank Mr. ALLEN for offering a very that occurred under Saddam Hussein. Escalation, we know, is opposed by specific plan and to once again remind b 2230 the majority of the American people. all of you who are watching the debate The murders, the ethnic cleansing, a More telling, it is opposed by a major- that to charge the Democrats don’t humanitarian cause, the effect it has ity of the Iraqi people. When the White have a plan simply isn’t true. We have not only upon the neighbors, the sta- House war plans diverge from the wish- a large number of them. We are just bility of the Middle East, but what es of the people and leaders of Iraq, we trying to get the Commander in Chief about Israel? Do you want to turn your must question the relevance of the mis- to start paying attention to them. back on Israel? sion. Our statement on the escalation Mr. Speaker, I reserve the balance of ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE is important, but our constituents also my time. The SPEAKER pro tempore (Mr. deserve to know our position on an exit Mr. BUYER. Mr. Speaker, I yield my- HODES). The gentleman’s remarks self such time as I may consume. strategy. should be directed to the Chair, rather The mission here is to develop a We cannot make needed investments than to others in the second person. in our future until we put our involve- country that can govern, sustain and Mr. BUYER. Mr. Speaker, do you ment in Iraq in the past. This war is defend itself, govern, sustain and de- want to turn your back on Israel? If straining our military and under- fend. So under that, under govern, you that is what you are asking me, Mr. mining our ability to deal with domes- have political. Under sustain, you have Speaker, do you want to turn your tic challenges. We must force Iraqis to economic. And under defend, you have back on Israel? take responsibility for their own secu- security. I am stunned. I just ask for people to rity by directing an orderly redeploy- So as I listened to my colleagues remain consistent, or if you change ment of the troops and promoting a po- come to the floor and say it only re- your beliefs, say that you change your litical solution in Iraq with a focus on quires a political solution, really? beliefs, or if you don’t want to say that transition to Iraqi control. These are not inextricable. I also ap- you changed your beliefs, then we must Recent experience shows that the peal for consistency. I just heard the assume that you changed your beliefs. U.S. must impose deadlines with con- last speaker talk about the necessity Mr. Speaker, I yield 5 minutes to the sequences so that Iraqi leaders will be for national interests, so he said it is gentleman from Arkansas (Mr. compelled to take responsibility. An not in our national interests to be in BOOZMAN). indefinite U.S. military experience in Iraq. Mr. BOOZMAN. Mr. Speaker, I rise Iraq creates a climate of dependency Let’s stop and think about that for a tonight to ask my colleagues to vote that undermines the goal of having the second. Let’s be consistent. In the against House Concurrent Resolution Iraqi Government control internal se- 1990s, Republicans operated under what 63. I ask this despite the fact that I am curity. It is not in our national inter- was called the Weinberg Doctrine, that very much in favor of the first part of ests to have U.S. troops placed between only commit U.S. ground troops if the resolution before us. The first part warring factions in a sectarian war. there is a national vital security inter- says: Congress will and should continue To achieve this goal, I support H.R. est. And that is how we kind of were to support and protect the members of 645, a bill introduced by Representative guiding ourselves based off the the United States Armed Forces who DAVID PRICE and Representative BRAD Weinberg Doctrine. Then what hap- are serving or who have served bravely MILLER. The bill terminates, by De- pens? We have got Bosnia. We said oh, and honorably in Iraq. If the resolution cember 31, 2007, the authorization for that is a European problem. Then the stopped there, it would be great. military operations in Iraq that passed, U.N. came in, the U.N. was ineffective. We would be sending a message that over my objection, in 2002. The original President Clinton made a judgment, we unequivocally support our troops in mission, eliminating weapons of mass and he upset Republicans. He made a Iraq, our troops who are preparing to destruction and ousting Saddam Hus- judgment that because of the atrocities go there, and General Petraeus is being sein, is no longer operative. in Bosnia, the ethnic cleansing that confirmed to lead those troops. If the President believes troops was occurring, that it took U.S. ground But the resolution does not stop should remain in Iraq beyond 2007, he troops, a presence of them. Republicans there. It goes on and by its words takes must come to Congress and justify a at the time said there are not vital na- that support away. How do you support new mission, and Congress would have tional interests at stake. Democrats the troops without supporting the to vote to approve a new mission. H.R. then said, oh, that doesn’t matter, this plans of those troops? General David 645 also requires the President to sub- is a humanitarian cause. Petraeus was confirmed just a scant 20 mit a plan and timetable for phasing Democrats said, it is okay to take days ago with much praise and fanfare. out troop deployments by December 31, U.S. troops, put them on the ground to He is probably one of the most re- 2007. It prohibits funding for permanent stop the fighting for a humanitarian spected men to ever wear the uniform. U.S. bases in Iraq. It authorizes fund- purpose. That is what Democrats said Congress said to him, you are great, ing for employment, democracy, and in the 1990s. Republicans were curious go get the job done. Now, less than a governance programs in that country, about all of this because it was against week after he took over in Baghdad, we and it creates a Special Envoy for Iraq the Weinberg Doctrine. As a matter of are in the throes of the process which regional security. fact, there were 315 votes. I brought a will essentially tell the general, sorry, America’s servicemen and women resolution to the floor, 315 Repub- we don’t approve of the plan you cre- who have been sent to Iraq have served licans; Democrats then said, oh, no, no, ated or are currently undertaking.

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00091 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE H1762 CONGRESSIONAL RECORD — HOUSE February 15, 2007 Most of those criticizing this plan But he did pull back. And Wash- quire on the battlefield they must offer no alternative, and I say most. ington also was under tremendous pres- have. What they need when they come Some have offered an alternative, but sure from Congress, under tremendous home we must provide. most of those criticizing this plan have criticism. And I am certainly glad that However, our troops are entitled to offered no alternative. Washington did not listen to that criti- sound public policy with a realistic Even the Iraq Study Group, a bipar- cism, that he fought on. If he had not, mission that strengthens America’s na- tisan commission of statesmen who we would probably be under British tional security interests. I am opposed have been heralded and quoted by the rule today. to the President’s proposed surge of many who support this resolution, Mr. BUYER. Reclaiming my time, sending 21,000 additional troops to Iraq. have indeed said that they support the Mr. Speaker, this past fall I had an op- I was opposed to the invasion of Iraq, short-term surge. This was later con- portunity to meet with 18 representa- and I believe that we have taken our firmed by Mr. Hamilton, the Demo- tives of the European Union. The Euro- eyes off the necessary war in Afghani- cratic co-chair of the group when he pean Union is quick to say that we are stan and against terrorism by the cost- appeared in front of the Foreign Affairs not necessarily with you on Iraq. But ly distraction of nation-building in Committee of which I am a member. boy, we are with you in Syria and Iraq. I visited Iraq five times, the last with standing tough on Iran. We must be seeking Osama bin my friend from Indiana (Mr. BUYER). I Do you know what the message is? It Laden. That is where our attention met with the troops from my State and is inextricable. You cannot pick and must be focused. But this surge is not from others across America, thanking choose. The Middle East is so complex. a change in direction, but it is more of them for their service in combating So, Mr. Speaker, when you begged of the same. radical Islam and the insurgency and me to address you the question, it is The President has not listened to the liberating a people from tyranny. this: If we were to follow the Pelosi- American people. He has not listened I have sat down with the President Murtha plan, what happens to Israel if to the bipartisan Iraq Study Group or and the Prime Minister of Iraq. I have we leave a vacuum that is quickly even to our senior officers such as Gen- told them that the Americans and the filled by Islamic extremists in Iraq? erals Powell, Abizaid, and Hoar. Now, my opponent and I in this last coalition forces would soon be leaving Therein lies the question. election debated the issue of a surge. Iraq in the not-too-distant future. I believe we jeopardize the safety and How my opponent knew that there Their response has always been, we security of a lone democracy called would be a surge, that is beyond me. want you to leave but we need your Israel, and we leave them to defend But he supported the escalation and I help now until we can train our forces against a region filled with vipers who opposed it. And I still oppose this to provide our own security. seek their annihilation. America will one day hand over re- surge, because in my opinion it is too Now, our friends who are also of Arab sponsibilities to the Iraqis, but it must little too late. nations, they are partners in our coali- be on terms which are beneficial to the The people of the Seventh Congres- tion to help on the political and eco- interests of America, Iraq and the re- sional District of Colorado spoke loud nomic success of Iraq, and they are gion, while not sacrificing the progress and clear. They questioned the Presi- eager for us to also help Israel and the we have made or the security that we dent’s policies in Iraq. Americans Palestinians resolve those differences. have earned. We must do right by the elected a new majority in Congress to It is all inextricable. Iraqi people. We must do right by our act as a check and balance, and not a Mr. Speaker, I reserve the balance of troops in Iraq tonight, and we must do rubber stamp of the President’s poli- my time. right by the men and women in uni- cies, especially those in Iraq. Mrs. DAVIS of California. Mr. Speak- form and their families who have It is time to turn over security to the er, may I ask how much time remains served and sacrificed so much. Iraqi people, press forward with diplo- Our allies, countries in the region, in on both sides. matic efforts, create a multinational fact most of the world, agrees that if The SPEAKER pro tempore. The gen- reconstruction effort and redeploy our we pull out before the Iraqis are ready, tlewoman from California has 1 hour troops from Iraq by the spring of 2008, it will create tremendous instability in and 10 minutes. The gentleman from as recommended by the Iraq Study the region, leading to the possibility of Indiana has 1 hour and 19 minutes. Group. war and nuclear proliferation in the Mrs. DAVIS of California. Mr. Speak- It is time for Iraq to take responsi- Arab states. er, I yield myself such time as I may bility for its future. Mr. Speaker, I I had the opportunity to successfully consume. I just wanted to mention to urge the Congress and all of the Mem- play sports at a fairly high level. my colleagues on the other side of the bers to vote in favor of the resolution Whether it was on a Boys Club team, a aisle that it is concern for our allies in that is before us tonight. high school team or a major college the region, it is concern for our friends Mrs. DAVIS of California. Mr. Speak- football team, nothing emboldened our there that we have chosen and speak to er, I yield 5 minutes to the gentleman team more or made us work harder to escalating our diplomatic efforts in the from Texas (Mr. CUELLAR). defeat the other team than when we area that this resolution comes for- Mr. CUELLAR. Mr. Speaker, I rise in saw dissension on the other team. We ward. support of this resolution. While I behave an opportunity this week to send Mr. Speaker, I yield 5 minutes to the lieve that the President as the Com- a strong message to our allies, the in- gentleman from Colorado (Mr. mander in Chief has the inherent au- surgents and most importantly the PERLMUTTER). thority to manage the conduct of con- men and women in uniform who iron- Mr. PERLMUTTER. Mr. Speaker, it gressionally approved military action, ically are in combat tonight attempt- is good to see you in that chair, Mr. I have serious concerns that a surge in ing to execute the plan that is being Speaker, because you and I, I think, the number of U.S. combat troops in railed against on the House floor as we are here because people in this country Iraq is not the best course of action at speak. wanted a new direction. They had had this time. The message that we should send enough. They wanted a change. And The deployment of 21,500 additional should be our will to not jeopardize the they want a new direction in how this combat troops to Iraq is not the an- safety of those in Iraq by emboldening country is being run. And if there is a swer. I agree with former Secretary of our enemies. We can show this by our single subject where they want a new State Colin Powell when he stated: ‘‘I will tonight of defeating this resolu- direction, it is on Iraq. am not persuaded that another surge of tion. Now, we have a resolution before us troops into Baghdad for the purposes of The other thing I would like to say is tonight that is a vote of confidence for suppressing this communitarian vio- that reference was made to Wash- our troops and a vote of no confidence lence, this civil war, will work.’’ ington. And I also am reading a book for our President’s policies in Iraq. Secretary Powell is not alone in his on John Adams that is related, cer- First and foremost, I want to say that belief. Generals Wesley Clark, Barry tainly. And Washington did at times I support our troops and will fight to McCaffrey, John Abizaid, and James have to pull back. He was facing the make sure they have the equipment Conway have also made statements to greatest army of the time. they need and deserve. What they re- this same effect.

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00092 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE February 15, 2007 CONGRESSIONAL RECORD — HOUSE H1763 I have traveled to Iraq and I have is this liberal leadership pandering to about changing or creating law. If the met with our military forces. And I be- the vitriolic left wing of the Democrat Democrats believed what they were lieve our foremost commitment must Party. saying, this House would be debating be to their safety. I strongly believe How do I know this? spending and funding, not wasteful that we must concentrate our efforts At the opening of this debate, Speak- rhetoric. If my colleagues on the other on preparing the Iraqi Government for er PELOSI asked the only real relevant side of the aisle were genuine, we the task of providing security to their question: Will this resolution make our would be talking about benchmarks for own citizens. Our forces in Iraq should troops safer? In her remarks, and I Iraq, the Iraqi Government, and strict be primarily focused on training and have read and reread them, she didn’t guidelines for appropriations. supporting Iraq’s own military and po- say how her resolution did that. I have I have heard some on the other side lice. pored over the remarks and the text of of the aisle say that this debate is We must continue working to shift this resolution to find all the instances about preventing an escalation. Is the the responsibility for security from the where the House will be giving greater Democrat majority so powerless that it U.S. forces to those of the Iraqi Gov- resources to the troops, and it doesn’t. cannot stop a deployment? ernment. It is only through this path After I read all 60 words many, many Before I got elected, Congress author- that we will ensure the safe and or- times, I can tell you, not one single ized this war, and with the force of law, derly return of our brave men and word in the resolution offers any more this Congress could stop it. Congress’ women. equipment, not any more diplomacy, or concern should be for our troops, not Empowering the Iraqi people and the any more security for our troops. the Presidential and political ambi- Iraqi Government must be our primary And guess what? tions of the Democrat Party. goal. I will continue fighting to ensure It also does not bring one soldier It is rare when I stand on the floor that our service men and women have home sooner. It doesn’t demand the and say that the Senate actually got it every tool and every resource that they Iraqis take the lead in the fight. These right, but I must commend them for need to carry out their duties and re- omissions make it startlingly clear to their more thoughtful and less politi- turn home safely. me that the answer to Speaker cally attuned resolution, because their We must all dedicate ourselves to en- PELOSI’s questions, will this resolution resolution states the long-term secu- suring that our brave men and women make our troops safer, is absolutely no, rity interests of the United States are in uniform have all of the uncondi- it will not. best served by an Iraq that can sustain, tional support and thanks. Their sac- The Democrats have this resolution govern and defend itself and serve as an rifices and bravery must never be for- all wrong. To be more specific, there is ally in the war against extremists. gotten. We should also be mindful of not a single mention in this resolution That statement acknowledges the bat- those who have served and serve in our of how we will send more body armor tle that we are waging and the even- National Guard and Reserve units, and for the troops, not a single mention of tual victory that we must achieve in those that are not yet American citi- new tools to detect IED explosives, not the Middle East. zens but who still serve our country one word dedicated to up-armored The 60-word resolution before this with distinction. Humvees, and, Mr. Speaker, not one Chamber makes no such statement or Let us always remember the lives of mention of the method to fund the recognition and sets absolutely no more than 3,000 dedicated Americans health care needs of those veterans benchmarks. who have lost their lives in this con- who will come home. Not one word. My sole concern is for our troops. flict, and the thousands and thousands I invite the Speaker to come back The litmus test for my vote is whether of American soldiers that have been in- into the Chamber and tell this House or not this resolution makes our troops jured. where is the additional money to make safer. It is time to be bipartisan and move our soldiers safer and our Army strong- Mr. Speaker, I believe every Member forward with a comprehensive plan for er, because if she can’t show me the of this House should ask themselves handing over responsibility to the Iraqi substance in these 60 words, then they the following questions: Government and stabilizing the region. are nothing but rhetoric, and this reso- Will this resolution protect one of Iraq must become the responsibility of lution cannot and will not help our our soldiers? the Iraqis. Let’s surge forward only in troops. Will this resolution make one piece the commitment to transfer responsi- This week the House is debating a of armor thicker? bility for Iraq to the Iraqis. useless resolution that’s only purpose Will these empty words make a sin- Only together can we ensure the safe is to weaken and divide. The American gle IED less lethal? return of our brave and dedicated people are not stupid. They can see Will this resolution stop one sniper American troops. through this charade for exactly what or one suicide bomber from attacking Mr. BUYER. Mr. Speaker, I yield 9 it is. It is a toothless effort to provide our troops in the field? minutes to the gentlewoman from political cover for Democrats. Sadly, the answer is no. This resolu- Florida (Ms. GINNY BROWN-WAITE). As a matter of fact, the Orlando Sen- tion is not being debated in a vacuum. tinel, certainly not a conservative We must ask the question, Could this b 2245 newspaper, has said that this is an resolution encourage our adversaries? Ms. GINNY BROWN-WAITE of Flor- empty measure. It says the pointless Could this debate put one of our sol- ida. Mr. Speaker, I thank the gen- House Resolution on Iraq fails to set diers in further harm’s way? tleman, who is also the ranking mem- goals. It goes on to say, The U.S. House Might some Islamic terrorist believe ber of the Veterans’ Affairs Committee launched a welcome debate this week that the more of our troops that they and obviously, very, very passionate on the Iraq war. It is too bad 3 days of kill, the quicker the U.S. will withdraw and articulate on this issue. points and counterpoints will end in a our forces? Mr. Speaker, my constituents know vote on a pointless resolution. This If the answer to these questions is that I vote my conscience. I voted isn’t thoughtless policy, it is political even possibly ‘‘maybe,’’ then I cannot against my party and our President cover. vote for this resolution. We should not when I thought that they were wrong. Believe me, the Orlando Sentinel is, risk encouraging those who would at- I have stood up to my leadership when by far, not a very conservative news- tack our troops just for the empty ges- my constituents knew Congress could paper. ture of partisanship. do better. My constituents know that over Let’s call this for what it is. This res- But, Mr. Speaker, my vote on the these 3 days we have debated a resolu- olution puts our troops at risk for the resolution before us isn’t about my tion with no teeth, no enforcement, Presidential aspirations of some Mem- party or about the President. Unfortu- and it is delivered in a way that has no bers of the opposite party. nately, this vote and this debate is all guts, no character and provides no Many Members have noticed that on about politics and providing some po- leadership. the 11th day of every month I wear this litical cover. This vote does nothing to Mr. Speaker, if this debate were pin. This was given to me by fire- help our soldiers win. What I see here about policy, we would be talking fighters. It is a depiction of firefighters

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00093 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE H1764 CONGRESSIONAL RECORD — HOUSE February 15, 2007 putting up our flag in New York City We share the misgivings of many members see its very existence perilously close after it was attacked. This is why we of both parties in Congress about the presi- to total annihilation. World War III have very brave young men and women dent’s latest war strategy. But with the could even be the final consequence of out there fighting today. troop surge under way, and Mr. Bush vowing the misguided actions of this Congress to push ahead, it’s better at this point for I am not a blind supporter of the Congress to raise the pressure on Iraq’s lead- if we retreat from Iraq. But sadly, Mr. President’s policies. And if we wanted ers to meet their obligations to reconcile and Speaker, there are some in this Con- to make this debate about policy, I secure their country. gress who are more concerned about would be there to work with them. Mr. Bush insisted this week that he would the next election than the next genera- The President knows all well my not be closely following the House debate. A tion. strong reservations about some of the vote for the House resolution will be easy for So where are the FDRs, the Church- policies in Iraq. But, Mr. Speaker, it him to dismiss. But a bipartisan endorse- ills, the Pattons, the MacArthurs, the has not been a perfect war. ment of the Senate’s constructive measure is Trumans, the John F. Kennedys, and I stand here today to let our troops more likely to get the attention of the president, as well as Iraq’s leaders. the men and women of the Greatest know that I will hold the President’s Generation in this hour of our great Mr. BUYER. Mr. Speaker, reclaiming feet to the fire to ensure that our sol- peril? They are in Iraq and Afghanistan my time, I yield 4 minutes to the gen- diers have the tools for our victory. fighting for our safety and our secu- tleman from Kentucky, RON LEWIS. That is what our soldiers want. rity. But the self-centered generation, In the South, we have a wonderful Mr. LEWIS of Kentucky. Mr. Speak- er, this debate is a sad moment in our the politicians, the media types and saying and it goes like this: ‘‘Git ’er the whiners and complainers are sit- Nation’s history. If there was ever a done.’’ Our soldiers want to get it done ting in the safety of their homes com- time when Americans should be stand- and come home. And our President plaining about the unpleasantries of ing together, this is the time. This res- wants the same thing. And this Con- war. This generation of the self-cen- olution does nothing but divide. gress should also demand the exact tered and indulgent, if successful in same thing. Let’s get out there and Throughout our country’s illustrious history, we have been confronted with their defeatism, will condemn untold ‘‘Git ’er done.’’ numbers to horrors never imagined by [From the Orlando Sentinel, Feb. 14, 2007] many challenges, but challenges met with unity of purpose, unflinching the most creative writers of horror fic- EMPTY MEASURE—OUR POSITION: THE POINT- tion. courage and unyielding resolve to be LESS HOUSE RESOLUTION ON IRAQ FAILS TO Mr. Speaker, I cannot, will not be- victorious against all odds. SET GOALS lieve, as a Nation, that we have become This debate, disguised as a no-con- The U.S. House launched a welcome debate so preoccupied with our own personal fidence vote against the President, is this week on the Iraq war. It’s too bad three and political Quaedas that we have really about defeat, about surrender, days of points and counterpoints will end in fallen asleep to the dangers before our a vote on a pointless resolution. about retreating from an enemy deter- Nation. The hour of decision is upon The non-binding measure simply declares mined to destroy our very existence. that Congress supports U.S. troops, but dis- Mr. Speaker, the obvious truth of our us. Will we rally from our slumber and agrees with President George W. Bush’s deci- situation is that we may run, but we awaken to reality? We are at war. Or sion to send another 20,000 to Iraq. Members will we close our eyes in self-deception can’t hide. They know where we live. who vote for it can say they made clear their and hide ourselves under the blanket of opposition to escalating an unpopular war, Today, Americans all over this great land should stop for a moment and con- a cowardly resolution? Tomorrow we but didn’t sell out the troops. must choose. Will it be commitment This isn’t thoughtful policy; it’s political sider this national debate. They should cover. ask themselves what this means to over retreat, freedom over slavery, In the Senate, a detailed resolution whose them personally, their families and courage over fear, democracy over the- sponsors include Michigan Democrat Carl their neighbors. Is it worth the expense ocratic fascism, security over terror, Levin and Virginia Republican John Warner, and sacrifice of war now in order to es- life over death? the chairman and former chairman, respec- Mr. Speaker, our brave men and tablish a secure and lasting peace? Or tively, of the Armed Services Committee, is women serving in our Armed Forces should our Nation take momentary re- a more constructive response to the presi- have already chosen. They have will- dent’s troop surge. lief and retreat as we wait for our ingly volunteered to put their lives on While the Senate resolution declares sup- newly emboldened enemies to strike the line and, at this very moment, are port for U.S. troops and opposition to the our homeland with even more fierce surge, it also points out ‘‘the long-term secu- fighting for all that we cherish. It is and deadly attacks? they who represent today’s greatest rity interests of the United States are best Mr. Speaker, we must all realize that generation. served by an Iraq that can sustain, govern, September 11, 2001 was not the end of and defend itself, and serve as an ally in the Tomorrow we can honor these brave war against extremists.’’ It advocates reach- the radical Islamic jihad against the souls by choosing their values, by de- ing that goal by encouraging Iraq’s leaders United States. It was just the begin- feating this disgraceful resolution, or to make the political compromises critical ning. September 11 was a declaration of we can pass this vile legislation and to promote reconciliation and security. war. The fact is, we are not at war with have it recorded to our eternal shame. The resolution places the responsibility for Iraq. Iraq is an ally in our war against Mr. BUYER. Mr. Speaker, I reserve dealing with Iraq’s civil war where it be- the radical Islamic jihadists. Iraq is the balance of my time. longs, on Iraq’s armed forces. But it ac- only one among many battlegrounds knowledges a role for U.S. forces in battling Mrs. DAVIS of California. Mr. Speak- terrorists, and in training and supporting where we are fighting jihadists who are er, I am now very happy to yield 51⁄4 Iraqi forces. committed to the destruction of West- minutes to my colleague from Maine, The resolution echoes an assertion Mr. ern civilization and replacing it with Mr. MICHAUD. Bush made in announcing the surge: The theocratic Taliban-style rule. Mr. MICHAUD. Mr. Speaker, I rise U.S. commitment to Iraq is not ‘‘open- Mr. Speaker, if we cut and run, if we tonight in support of this resolution ended.’’ But the measure goes a step further retreat from Iraq, we will forfeit our that expresses our unwavering support by declaring U.S. help should depend on get- ability to lead the world against the of our troops and our opposition to the ting Iraq’s government to agree formally to enemies of peace. Iraq, in all likeli- meet benchmarks. These include sending all escalation in Iraq. This is an extremely the troops it has promised to Baghdad, fairly hood, would fall to Iranian dominance important debate and it is one that is distributing the country’s oil revenues and would become a launching pad for long overdue. among all its people, and letting the coun- terror attacks against the United We have lost over 3,100 brave Ameri- try’s military operate without political in- States and Israel. Islamic jihadists will cans. Many more will return home with terference. be emboldened in Afghanistan, Paki- mental health and physical wounds Unfortunately, parliamentary maneu- stan, and the greater Middle East. The that will stay with them for the rest of vering between Democrats and Republicans world oil supply could be vulnerable to their lives. over the Levin-Warner measure and two We have spent hundreds of billions of other Iraq resolutions doomed a debate and jihadist control, and nuclear armed vote last week in the Senate. The chamber’s missiles in Pakistan could turn into a dollars. Hundreds of thousands of leaders need to work out a compromise that hellish nightmare. Iraqis have lost their lives or fled their will allow a full discussion and roll call on And Israel, Mr. Speaker, one of our homes as their country has fallen into all three resolutions. closest and most faithful allies, could deeper civil war.

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00094 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE February 15, 2007 CONGRESSIONAL RECORD — HOUSE H1765 Regardless of one’s opinion on how political stripes. Everyone agrees there because it appears contradictory to the we got into Iraq, we are there, and the is no simple solution to the challenges gentleman’s statement. situation is deteriorating. So the sim- we face in Iraq and how to solve it. Mr. MICHAUD. Mr. Speaker, I thank ple question before us is, What is the There is one opinion that is unani- the gentleman for yielding. Yes, that best plan for the future? mous. We all support our men and was a quote in a paper from General The President has called for an esca- women in uniform. They, like the gen- Abizaid where he said that they relation of troops; in other words, more erations before them, are heroes. They quested no additional troops, and I will of the same approach. heard their country’s call and they did try to find that article for the good I oppose an escalation of U.S. troops not hesitate to answer. I am glad this gentleman to get it hopefully to him in Iraq. I will not support funding for resolution makes that support clear. tomorrow. the President’s plan or blank checks We owe it to our military personnel to Mr. BUYER. Mr. Speaker, I just want for an open-ended commitment. provide them with the very best when to make sure our record is clear because we have got the Chairman of the b 2300 they are in harm’s way and when they come home. Joint Chiefs quoting General Abizaid. We need a new plan, and escalation is I have heard from many Vietnam-era So I want to work with the gentleman. not what the Iraq Study Group called veterans who fear that our new vet- Thank you. for. It is not what our top generals erans may face many of the hardships Mr. MICHAUD. Mr. Speaker, I thank have advised, and it is not what the that they faced. This cannot happen. the gentleman very much. And I will American or Iraqi people want. When As a member of the Veterans Affairs’ find that quote, because you know General John Abizaid, former top com- Committee, I am committed to ad- sometimes quotes get misquoted; so I mander in Iraq, asked his commanders dressing the mental health and phys- will get that for the gentleman. in the field if more U.S. troops would ical needs of our returning heroes, and Mr. BUYER. Mr. Speaker, I now yield help, the unanimous answer was no. As I know the American people are willing 8 minutes to the gentleman from Flor- he said: ‘‘And the reason is because we to do that as well. And as we discuss ida (Mr. BILIRAKIS). want the Iraqis to do more. It’s easy alternative strategies, it must be clear (Mr. BILIRAKIS asked and was given for the Iraqis to rely upon us to do this that we must do something that fully permission to revise and extend his re- work. I believe that more American supports our military personnel. marks.) forces prevent the Iraqis from doing This resolution is not about politics. Mr. BILIRAKIS. Mr. Speaker, failure more, from taking more responsibility This issue should unite all of us. This in Iraq is not an option. We enjoy our for their own future.’’ is about the future of Iraq, our strategy freedom today only because we have U.S. forces cannot clear and hold abroad, and our welfare for our troops. been willing to fight for it in the past. neighborhoods in Baghdad indefinitely. Mr. BUYER. Mr. Speaker, I yield my- We must win the war on terror that has We have tried so-called ‘‘surges’’ be- self such time as I may consume. been thrust upon us. fore, and they have not stopped the vi- I would ask the last speaker if he Before going any further, let me first olence. And as with these previous could remain for a moment. I have clearly state that I do not believe we surges, when we leave, the same prob- such great respect for my colleague, should have an open-ended commit- lems will return, and perhaps even Mr. MICHAUD of Maine. We have worked ment in Iraq. I believe a new strategy worse. together on the Veterans’ Affairs Com- is needed. America has a proud history The reality is that United States mittee. We deal with the consequences of promoting and fighting for democ- military strength cannot solve the of war. And so out of my respect for racy around the globe. I don’t believe problems in Iraq nor should it. The fu- Mr. MICHAUD, I would like for us to now is the time to abandon that com- ture rests on the capability and the clarify what may be a potential con- mitment. will of the Iraqi people. Our continued tradiction. While a new strategy is needed, the dominance only prevents Iraqis from The gentleman said that, and correct resolution that we are debating does taking control of their country and me if I am wrong here, unanimously not present us with any new policy op- their destiny. The military mission of commanders did not ask for an in- tions. Instead, we are voting on a non- toppling Saddam Hussein is over. The crease in troops. According to General binding status quo resolution which political mission, the reconstruction Peter Pace, the Chairman of the Joint will not do anything to change the sit- mission, the nation-building that this Chiefs, and this was in his testimony uation in Iraq. It smacks of political administration said it would never do before the House Armed Services Com- posturing. Americans expect more of has all but failed. mittee on January 11, 2007: ‘‘So, collec- the world’s greatest legislative body. But that is what we must now ad- tively, the military commanders, both Let us not debase the honor and tra- dress, not our strength of arms but our U.S. and Iraqi, have asked for this in- dition of the great men and women who strength of diplomacy and our power to crease. And those of us in advisory po- have served before us. We are duty rebuild. sitions agree with their request. bound to serve the public and engage in Our new strategy should be to with- ‘‘General Casey and his Iraqi coun- serious lawmaking, not political pan- draw and redeploy our soldiers quickly terparts have determined that there dering. This resolution does nothing. while empowering the Iraqi security are more forces needed . . . Worse, it endorses the status quo of the forces. We can help to rebuild and cre- ‘‘To do this, we’re going to need addi- violence and bloodshed. Maintaining ate economic opportunity, to train tional U.S. forces. General Casey and the status quo is what ultimately re- Iraqis and perform other assistance as General Abizaid have asked for those sulted in the situation we find our- asked, but we cannot remain the domi- additional forces, as have the com- selves in today. nant force in Iraq. manders below them. The debate before is more consequen- It is time for Iraqis to take control of ‘‘In addition, to reinforce success at tial than the question of should we en- their own country. A stabilized, secure Anbar province, the Marine com- gage in a troop surge or not. None of us and free Iraq can only be achieved mander out there has asked for, and want to see Americans unnecessarily when Iraqis take full control. Until General Casey and General Abizaid be put in harm’s way. The debate be- that time our forces will be stuck in have asked for, an increase of about fore us is about the global threats fac- the middle of an increasingly violent 4,000 troops out there . . . ing the United States and how we civil war and all the while Afghanistan ‘‘So, collectively, the military com- choose to respond to them. Failure to sliding back into danger and violence manders, both U.S. and Iraqi, have forcibly respond to previous acts of ter- and al Qaeda continues to plot while asked for this increase.’’ rorism has undermined America’s our attention is being diverted. That was our testimony of our Chair- credibility around the world and pro- I have spoken with many people in man of the Joints Chiefs before the jected us as weak to our enemies. Maine about this war. I have spoken Armed Services Committee. So I will Some examples of these attacks in- with current military personnel, many yield to the gentleman and ask if he clude: the World Trade Center in 1993; who have served in Iraq, their families, was aware of General Pace’s comments U.S. troops in the barracks in Saudi veterans, and concerned citizens of all before the Armed Services Committee Arabia; sailors on the USS Cole; and

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00095 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE H1766 CONGRESSIONAL RECORD — HOUSE February 15, 2007 the bombings of the U.S. embassies in God bless our troops, and keep them But wherever and however it is done, Kenya and Tanzania. Unfortunately, safe. the political, economic and religious Americans were too quick to forget Mrs. DAVIS of California. Mr. Speak- issues must be addressed if peace and these terrible acts. er, I am now pleased to yield 5 minutes security are to be established in Iraq. b 2310 to the gentleman from Illinois (Mr. LI- And it is essential that more pressure PINSKI). be put on the Iraqi Government and all Like many Members of Congress, I Mr. LIPINSKI. Mr. Speaker, I thank interested parties in Iraq to find and believe there should be strategic the gentlelady for yielding. accept real solutions so the American benchmarks that are designed to hold Mr. Speaker, I rise today in support forces can begin withdrawal. both the administration and the Iraqi of this resolution and in support of a The second recommendation is to Government accountable for success in new policy in Iraq. Up until this point, seek international cooperation to de- Iraq. These benchmarks should meas- the Bush administration’s Iraq policy velop solutions for Iraq. This should in- ure whether sufficient progress is being over the last 31⁄2 years appears to be clude calling an international con- made. Unfortunately, under the re- one of America’s worst foreign policy ference that will work on putting to- strictive rules imposed upon this de- blunders. More than 3,100 of our brave gether a peacekeeping force and set- bate, we will not have an opportunity men and women in uniform have been ting up an international reconstruction to vote on other proposals which would killed and more than 24,000 have been program. institute benchmarks for success. wounded, many very seriously, and Iraq’s strategic position in the vola- I am compelled to vote against this hundreds of billions of dollars have tile Middle East, its potential to be- status quo resolution. Americans de- been spent and in some cases wasted. come a terrorist safe haven, its large serve a real debate with multiple op- This has resulted from the tactical supply of oil and the great potential for tions for success in Iraq, not closed mistakes, errors in judgment and other a humanitarian catastrophe make se- proceedings that are intended to be a major missteps by the Bush adminis- political ploy. curity in Iraq a critical international I would rather America fight the ter- tration. issue. It is time for America to engage rorists on the streets of Baghdad, in- It is painfully clear that a change in the nations of the world to encourage stead of allowing the terrorists to at- strategy in Iraq is needed now. We need them to address this international cri- tack our homeland. a plan for bringing stability to Iraq and sis. I am concerned that the resolution bringing our troops home. Unfortu- The final recommendation is to re- we are debating this week is a pre- nately, the President’s plan to add over quire the administration to give Con- cursor to cutting off funds for our 20,000 additional troops does not progress detailed reports on the situation troops. The Democrats have even vide this, and, therefore, I must sup- in Iraq so that we can make informed called it a first step. I have heard it port this resolution. decisions regarding funding for recon- several times tonight. Our troops must I see three main flaws in the Presi- struction and deciding when American have all the resources they need to ac- dent’s plan. forces can be redeployed. This new Con- complish their mission. I support our First, the administration has not gress has been vigorously conducting troops in the field. Therefore, I will provided convincing evidence that this oversight after 31⁄2 years of congres- vote ‘‘no’’ on this resolution. surge will succeed after many similar sional neglect, but we must have the General Petraeus has indicated that plans have failed. After almost 4 years full cooperation of the administration. reinforcements will hasten the end of in Iraq, the American people are ask- If the recommendations laid out in the Iraq battle, allowing us to direct ing, why should we have faith in this my resolution are followed, I believe our efforts elsewhere in this greater plan and place more troops in harm’s American troops can begin redeploy- war on radical Islamic terrorists. way? ment in 2007, leaving a secure, stable The national commander of the VFW, Second, by failing to provide clear Iraq. the Nation’s largest organizations of benchmarks for success or a time As the U.S. Conference of Catholic combat veterans, issued a statement frame by which we can expect the Bishops stated, ‘‘The search for gen- earlier this week which says, ‘‘We need surge to yield positive results, the uine justice and peace in Iraq requires to send a message to our troops that President’s plan appears to commit our moral urgency, substantive dialogue America wants them to succeed in Iraq country to a ‘‘stay the course’’ strat- and new direction.’’ Unfortunately, the by giving the buildup a chance to suc- egy with no clear end in sight. Aid President does not give us this. That is ceed.’’ should be tied to a deadline for why his plan is discouraging to many As a Member of Congress, I will al- progress by the Iraqi Government. Americans who are weary of this war. ways do whatever possible to support Third, and most importantly, the But no one is wearier than our troops our brave men and women in uniform. President continues to place too much and their families. This past weekend I As such, I will actively oppose efforts emphasis on a military solution, when spoke to a soldier who spent 13 months to cut off funding to our troops. it is clear that force alone will not in Iraq and will likely be returning. He I cannot support this resolution, but solve this crisis. Solutions must sup- told me that it is important to make I am committed to working with the port broad international engagement sure that we let our troops know that President and my colleagues in Con- to promote stability and reconstruc- they have our complete support. We gress to ensure that the actions taken tion in Iraq and must address political, cannot let anything in this debate be in the war accomplish the following: economic and religious issues. construed otherwise. If this surge oc- Moves Iraq closer to a peaceful and sta- Because of the need for such a plan, curs even after we pass this resolution, ble democracy; improves America’s se- earlier this year I laid out a set of rec- we must continue to support our troops curity; ensures the utmost safety and ommendations, and this week I intro- and pray for them every day, so that by best equipment for our soldiers; and duced H.Res. 152 based on these. My God’s grace they can succeed in their provides the shortest feasible time proposal consists of three core rec- mission. frame for their return to their families. ommendations. Mr. BUYER. Mr. Speaker, I yield 8 Failure in Iraq will lead to Iraq be- First, encourage achievement of im- minutes to the gentleman from Texas coming a training and staging ground portant goals and national reconcili- (Mr. GOHMERT), a former Army captain. for terrorist groups intent on desta- ation, security and governance by ar- Mr. GOHMERT. Mr. Speaker, I thank bilizing the entire Middle East and de- ranging a peace conference for Iraq’s my friend from Indiana. I appreciate stroying the United States and our al- ethnic and religious factions, similar the opportunity to engage in this de- lies. to the conference that led to the Day- bate. In closing, I thank and offer my pray- ton Accords. One venue for this would Mr. Speaker, like many others here, ers for all our troops, including those be El Salvador, which has shown a previously I typed up different poten- brave men and women in the Ninth strong commitment to stabilizing and tial remarks for this debate. But as I Congressional District and throughout rebuilding Iraq and has gone through have listened to the debate over the the State of Florida who have answered its own recent history of a bloody civil last couple of days, I kept hearing their Nation’s call to duty. war and ensuing reconciliation. some things being said over and over

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00096 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE February 15, 2007 CONGRESSIONAL RECORD — HOUSE H1767 again, and I started making notes of shocking this President into a new erybody I knew was willing to go and some of the things I just really need to course of action. You shocked him into die because we had been attacked, and address. a new course of action. He said we are that was the first act of war in this war As the old saying goes, we are all en- going to send 21,000 troops over there, involving terror, and we did not re- titled to our own opinion, but we are 21,500. In fact, people like HARRY REID spond. not entitled to our own set of facts. down in the Senate have been calling We did not respond in 1983 when our Facts are facts. for that last fall, maybe even as re- barracks were attacked and our marines were killed. We withdrew 1991, on b 2320 cently as December, but oh, wait, as soon as the President calls for it, then through the 1990s. We have not re- One of the things I have heard over it is a terrible thing; we cannot believe sponded, but I want to touch on one and over the last couple of days, well, that he is doing this. other thing. it goes without saying. Normally in So the President has proposed some- I saw the majority leader come down. reference to we support our troops, it thing new. His commanders in the field I saw it replayed in the wee hours this goes without saying. If there is any- have said we need this, and so it is morning. I did not realize it went on, thing I have noticed since I left the being done. We have got troops already and he came down and challenged what bench and came to Congress is that arriving and more arriving all the HEATHER WILSON, who had left the nothing goes without saying in this time. floor, said, and ultimately said basi- House . Everything gets said and seems I heard another one make reference cally, that anybody that would come like gets said over and over again. to Vietnam, and one in indignation and say, as she did, that there might be Nothing goes without being said. said, have we not learned anything a problem with Democrats being will- But let us talk about that. It goes from Vietnam? I would submit, I being to support and fund the troops as without saying we support our troops. lieve, Mr. Speaker, apparently not, be- needed, and he said to come and say That has stirred up a great deal of de- cause some people want to rewrite his- anything of that nature was just not bate and animosity at one point, and tory; but the fact is, if you go back, the honest. I think it comes close to vio- led usually into things about the lies people were saying get out of Vietnam, lating the rules if it does not, but the the President told before this war, lies get out of Vietnam are the same people fact is HEATHER WILSON had stood right the President told before this war. saying this now in Iraq, and so Presi- here and she had asked her Democratic Well, look, some of us believe in for- dent Nixon tried to get folks out. For friends across the aisle, look, if you are giveness. all his faults, and he did have plenty, really willing to say that, if you are I think there is still potential dis- and you will not hear me say I think he saying that this resolution means we agreement. Obviously we know that was a great President because he lied, will always provide everything that is Saddam had weapons of mass destruc- but one of the things he did try to do, needed to our troops in harm’s way, let tion. He killed thousands of Kurds, he saw the polls and started trying to us put it in the resolution. We will gassed thousands of people. Certainly get people out of Vietnam. have a unanimous-consent amendment, he was killing with mass destruction, When we started the Paris peace we will both agree, and it was not but if you happen to believe really, talks, things broke down. It was not agreed. The Democratic majority honestly, truthfully that the President going well. He decided to bomb North would not agree. The Rules Committee lied, then it is time to forgive Presi- Vietnam. He went on the attack. He did not agree. The Democratic leader- dent Clinton for all those lies. Forgive was carpet-bombing Hanoi, and as SAM ship did not want that in there. Madeleine Albright for all those lies. JOHNSON and those who were in the So, to say it goes without saying All the time, Madeleine Albright and Hanoi Hilton said, they were worried ain’t the way it should be. It ought to Bill Clinton told us over and over again they might be hit by the bombs, but be in print. It ought to be here said in that there were weapons of mass de- they were so glad, finally the United black and white because HEATHER WIL- struction, and if President Bush hap- States was reacting and responding, SON was right: if you really believe pened to have believed President Clin- and as SAM says, when he left, to get that, put it in black and white where ton and Madeleine Albright and those the chronology correct, the bombing our troops can see, and I would just in people that were saying there were went on. They came back to the peace conclusion leave you with this: this weapons of mass destruction in Iraq, talks, and we reached terms, and the resolution for what it does and does well, I guess they just should not have POWs, most of them were coming not do, it is a stay the course, stiffen believed the Clinton administration. home. Sam said one of the leaders at the enemy, start our collapse, and you But there were things that the Clin- the prison said, you know, if you guys look at our friend Mr. MURTHA’s com- ton administration could base that on, had just kept bombing a little longer, ments to say, that is what this starts but we have got to get past that. It just we would have had to surrender com- the process for doing. seems to engender so much hatred. pletely. Ms. ESHOO. Mr. Speaker, I am very I have heard people say over and over That was a winnable war, but people happy to yield 5 minutes to my col- this is a historic debate because the were not doing what it took to win so league from Missouri (Mr. CLEAVER). Republicans never allowed this debate that we could have a good reputation. (Mr. CLEAVER asked and was given when they were in the majority. I re- If you go look at our enemies and al permission to revise and extend his remember having discussions like this Qaeda’s, the rhetoric now in Iraq, Af- marks.) twice in the last Congress. We voted on ghanistan, around the Middle East, Mr. CLEAVER. Mr. Speaker, as I a couple of resolutions, and people they are saying look at what they did began to consider the comments I would say one thing and then end up in Vietnam. They promised their allies would make during this debate tonight voting another on the resolution. they were going to stick with them. on the occupation, escalation and Now, I did hear one of my friends Gerald Ford has been quoted re- gravitation of the U.S. military action across the aisle say something I do cently. What a fine man. I hear people in Iraq, I concluded that my visit to agree with. He said he did not believe it on both sides of the aisle at his funeral this well must somehow echo the was appropriate to tell troops they and after his death. He begged this threat and frustration of the people were coming home on a certain date Congress and this House please do not who sent me to represent them in the and then change that. I agree, and a cut off the funding; we promised them people’s House. number of us have been pointing that funding even after we pulled our troops Tomorrow, the United States of out to those in the military and to the out. But this Congress said, no, we are America should begin a massive and White House. That needs to stop. When cutting the funding, and we have been voter-mandated salvaging operation in you tell somebody who is in harm’s harmed ever since. Iraq. Yes, as bad as conditions have way you are coming home on a certain So in 1979, in Iran, they were bold gotten, there are important and valu- date, they need to come home. We can enough to attack. An act of war, that able things that could be salvaged. A agree on that. is what attacking an embassy is, and I tarnished international image clings to But then I heard another say, we was at Fort Benning at that time. No- a nation like a shadow to a human need to avoid a constitutional crisis by body was dying to go to Iran, but ev- being. It follows a nation to the next

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00097 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE H1768 CONGRESSIONAL RECORD — HOUSE February 15, 2007 world crisis. It cannot be blamed for Tomorrow, this Congress must adopt and the other half in hospitals. Some have faulty intelligence, and it spoils oppor- House Concurrent Resolution 63 as bold said that this conflict will last for decades. tunities to influence a world desperate and beckoning to begin salvage oper- Nevertheless, that kind of policy, or lack therefor direction. Henceforth, we must con- ations. of, has caused young Americans to ask, ‘‘Will duct our foreign policy in a manner Mr. Speaker, as I began to consider the we ever see the last of this war, or will it see which salvages our sunken inter- comments I would make during the debate on the last of us?’’ national image. the occupation, escalation, and gravitation of Let me address a part of this debate which Because of the way we launched a the U.S. military action in Iraq, I concluded has frustrated me because of its defective long-range military action in Iraq, our that my visit to this well must somehow echo logic. Over and over again, many of my honor- prestige among the community of na- the fret and frustration of the people who sent able colleagues have stood behind this distin- tions has surely suffered. Nothing de- me to represent them in The People’s House. guished desk and warned that the debate on flates as a punctured international For more than 132 years, the steamboat House Concurrent Resolution 63 will demor- image. We can salvage our image not Arabia lay beneath the fathoms of the waters alize our troops in Iraq. Nothing could be fur- only by de-escalating in Iraq but also of the mighty Missouri River. Not until Bob and ther from the truth. I will never accept the by reestablishing desperately needed Florence Howley committed their life savings premise that U.S. troops are demoralized by dialogue with all the sovereign nations to a massive salvaging operation, did the rust- the debate in a democracy. The President’s in the neighborhood with Iraq. It takes ing of this once stately riverboat cease. Today, stated goal in Iraq is to aid in creating a nation many, many people, and not just one to the salvaged cargo of this retrieved vessel is where citizens and public officials can debate put a policy together. on display in Kansas City’s Historic River Mar- in a robust democracy. And then to denounce Now, with regard to peace in the Mid- ket. Since I first walked into the Arabia Steam- debate in The People’s House as demeaning dle East, it has become crystal clear boat Museum in 1992, I have become a seri- or damaging? My friends, that denigrates the that the United States cannot whistle ous supporter of salvage operations. Anything democracy we so proudly extol and that our a symphony. of great value that is lost or damaged is worth troops valiantly fight to defend. We cannot b 2330 salvaging. lead others to the light while we stand in the dark. It will take an orchestra of many Tomorrow, the United States of America should begin a massive and voter-mandated The Kansas City Chiefs is my team. The international players willing to make General Manager, Carl Peterson, would never music in the same key. The days of the salvaging operation in Iraq. Yes, as bad as conditions have gotten, there are important go to the sports editors of the local media and international soloist or a conductor admonish them not to criticize the game plan without an orchestra are past. We must and valuable things that can be salvaged. A tarnished international image clings to a of Coach Herman Edwards because it will de- salvage our relationship with the fam- moralize the players. Such a warning by the ily of nations. We must salvage what is nation like a shadow to a human being. It follows a nation to the next world crisis, it cannot General Manager would be ludicrous if not left of our Treasury. loonie. Why? Because the players of the Kan- Mr. Speaker, for most Americans war be blamed for faulty intelligence, and it spoils sas City Chiefs are professionals who cannot does not pay, but it must be paid for. opportunities to influence a world desperate be so easily defanged. And friends, neither And, to date, we have spent billions for direction. Henceforth, we must conduct our can the men and women who form the fiercest and billions of dollars that could have foreign policy in a manner which salvages our sunken international image. Because of the fighting force in the history of Planet Earth. been spent for valuable programs to set After all the ethnic and sectarian human this Nation on the right course. We way we launched a Lone Ranger military action in Iraq, our prestige among the community butchering, after all the billions spent, after all must salvage soldiers. Yes, thousands the children of God killed, after all the maimed of brave young U.S. soldiers have been of nations has surely suffered. Nothing de- flates as fast as a punctured international who have been hospitalized, after all the dis- killed, and Iraqis are dying weekly by senters who have been heard, after all the the hundreds. If this conflict continues, image. We can salvage our image not only by de-escalating in Iraq, but also by re-estab- purple thumbs have been raised, the war there will be only two classes of young drum is still throbbing, the sabers are still rat- people, one half in graves, the other lishing desperately needed dialogue with all the sovereign nations in the neighborhood of tling and the blood is still flowing. Yet, we can half in hospitals. salvage the soul of the nation even though at Some have said this conflict will last Iraq. With regard to peace in the Middle East, this hour we seem to have lost our way. To- for decades. Nevertheless, that kind of it has become crystal clear that the U.S. can- morrow, this Congress must adopt House policy or lack thereof has caused young not whistle a symphony. It will take an orches- Concurrent Resolution 63 as a bold beckoning Americans to ask: Will we ever see the tra of many international players willing to to begin salvage operation. last of this war, or will it see the last make music in the same key. The days of the Mr. BUYER. I would say to the gen- of us? international soloist, or a conductor without an tleman that just spoke, that in 3 years The Kansas City Chiefs is my team. orchestra, are past. We must salvage our rela- Iraq has gone from a repressive dicta- The general manager, Carl Peterson, tionship with the family of nations. torship who enslaved his people to an would never go to the sports editors of We must salvage what is left of our treas- inclusive government chosen by a free- the local media and admonish them not ury. Mr. Speaker, for most Americans, war ly elected Parliament under a popular to criticize the game plan of Coach does not pay, but it must be paid for. To date, ratified constitution. That is a fact. Herman Edwards, because to do so we have appropriated $380 billion for the I would like to yield 5 minutes to the would demoralize the players. Such a armed conflict in Iraq, and the President has gentleman from South Carolina (Mr. warning by the general manager would requested an additional $142 billion in the INGLIS). be ludicrous, if not loony. Why? Be- FY08 supplemental. With this amount of Mr. INGLIS of South Carolina. I cause the players of the Kansas City money, we could have fully funded No Child thank the gentleman for yielding. Mr. Chiefs are professionals who cannot be Left Behind and the COPS program (which Speaker, we face three questions here so easily defamed. And, friends, neither places badly needed police on the streets in tonight: Where are we? Where do we can the men and women who form the high crime neighborhoods). We must salvage want to be? And how do we get there? fiercest fighting force in the history of respect from our noble veterans who, today, First, where are we? We are in phase this planet. are outraged that they are showered with three of a conflict in Iraq. In phase one, After all the ethnic and sectarian praise when they are in battle but blasted with we overran Iraq in response to an human butchering, after all the bil- neglect when they return home. Soon enough, American national security threat. We lions spent, after all the children of they will discover that the President’s recently won. God killed, after all the maimed who submitted budget raises fees on veterans for Then came phase two. We were for- have been hospitalized, after all the their health costs by $355 million in FY08, wardly deployed; the terrorists brought dissenters who have been heard, after $2.3 billion over 5 years, and $4.9 billion over the fight to us; we busted up terrorist all the purple thumbs that have been 10 years. Those who serve—deserve! networks. America was protected from raised, the war drum still throbs, the We must salvage soldiers. Yes, thousands further attacks. We won. sabers still rattle, and the blood still of brave young U.S. soldiers have been killed, Now comes phase three. At best, Iraq flows. Yet, we can salvage the soul of and Iraqis are dying weekly by the hundreds. is engulfed in a sectarian killing spree. the Nation, even though at this hour If this conflict continues, there will be only two At worst, Iraq has descended into a we seem to have lost our way. classes of young people: one half in graves civil war.

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00098 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE February 15, 2007 CONGRESSIONAL RECORD — HOUSE H1769 So where are we? We are thankful for caught in the crossfire; and that the number of troops and to continue his the incredible work of our military in surge will end right where it began. In failed conduct of this war is wrong. winning phase one and two. We are fact, that is what happened in Baghdad Escalation of this war will not make aware, and I think all of us are aware, in August and September of 2006. our Nation safer. Escalation of this war that only the Iraqi people can win I am concerned that a surge sends a will not stabilize Iraq. Escalation of phase three. conflicting message. On the one hand, this war will not move us closer to It is a neocon mistake to charge our we are telling the Iraqi leadership, bringing our troops home, and esca- warfighters with building an Iraqi na- ‘‘Hurry up, you don’t have forever.’’ On lation of this war will not better pro- tional consensus. Iraqis must decide for the other hand we are saying, ‘‘No, not tect Americans from those terrorists themselves if they want to live in a to worry. We are increasing the size of who would stop at nothing to bring unified, pluralistic, and peaceful Iraq. the American security umbrella.’’ grave danger to our Nation and our al- No amount of American military might I want all Iraqi factions and all lead- lies. It is for these reasons that the can compel that result. ers of Iraqi factions to worry. I want President’s escalation of the war in So where are we? Thankful for the them to see us reaching for the button Iraq is wrong. successes and the outcomes that we that would bring down that security At a time when so many current and can control; aware of the outcomes umbrella. I want them to imagine the former military leaders, as well as the that we cannot control. click of the button and the feel of the bipartisan Iraq Study Group, recognize Where do we want to be? We want the wind from that descending umbrella. the need for political, rather than mili- Iraqis to take responsibility for their The resolution before us isn’t written tary solutions to the ever increasing own country. The President is wisely the way I would have written it, but it violence, that the President is so pressing them to do so. We want the is the resolution before us. Resolutions gravely misguided in sending more of Iraqi leadership to make some key po- are the way that Congress discharges our men and women into combat in litical decisions that can bring rec- its constitutional responsibility to Iraq. onciliation. We want them to divide up communicate with the President. This Mr. Speaker, this resolution is the the oil fairly, to allow banned resolution says we disapprove of the answer to a simple question: Do you Baathists back into positions of public surge. Parties on both sides have added believe that an escalation of this war trust, and to develop a working model additional and conflicting meaning to will bring our troops home sooner, and of pluralism. We want the Iraqi leader- those words. In the end, I just have to will it help the Iraqis achieve the na- ship to know that they don’t have for- vote on the basis of the words. That is tional reconciliation needed to bring a ever, and that they should settle these why I am going to vote in favor of the lasting peace to their nation? I and the reconciliation questions quickly. And resolution and express my concern majority of Americans do not think so. we want to avoid the error of nation about the effectiveness of the surge. We believe the facts are clear. Esca- building. Mrs. DAVIS of California. Mr. Speak- lation of this war fails to address the The job of the U.S. military is to er, I am very happy to yield 5 minutes administration’s strategic and diplo- crush, kill, and destroy the enemies of to the gentlewoman from Pennsylvania matic failures. It does not move us the United States. They are not nation (Ms. SCHWARTZ). closer to success. builders; they are warriors, and they do Ms. SCHWARTZ. Mr. Speaker, on What we now need to succeed in Iraq their jobs very, very well. Monday morning of this week I had the is an overwhelming political and diplo- As commanded, our military entered opportunity to recognize and honor 53 matic force, not more American com- Iraq to destroy what we understand- elderly widows of veterans of World bat troops. Instead, the President ably believed were threats to our na- War II and the Korean War. should be working to end U.S. combat tional security. We were successful in The sacrifices of that Great Genera- involvement in Iraq. To do so, he must destroying those threats and, there- tion are legendary, and they are a re- demand that the Iraqis take charge of after, in interrupting terrorist net- minder of the sacrifice of the current their internal security, should demand works. Those were outcomes that we generation of our military men and that the Iraqi President take the lead could control. women who have heeded the call to in national reconciliation, he should Now, we are rightly asked for inputs service in defense of our Nation. Their engage all the regional parties to pre- that we can control, but we are faced patriotism, their willingness to put vent this war from escalating region- with outcomes that only the Iraqi peo- themselves in harm’s way, possibly to ally and to explore every diplomatic ple can control. It is right to evaluate pay the ultimate price for our Nation, and political solution to end this war. the quality of our force’s inputs, but should give us all pause. Finally, the President must be ac- wrong to hold them accountable for So, Mr. Speaker, I stand here with countable for his actions to this Con- outcomes beyond their control. deep gratitude and respect for the sac- gress and to the American people. Diplomats, statesmen, peacemakers, rifices of all of our troops, but espe- Mr. Speaker, over the first 6 weeks of and everyday Iraqis must work to de- cially for the 3,124 Americans killed in the Democratic control of Congress, we velop a path to progress, a path that Iraq and those tens of thousands in- have begun to move our Nation in a has milestones along the way, and jured. new direction, to restore credibility which has rewards for meeting those I stand here with great sympathy for and ethics in this Chamber and to put milestones and consequences for fail- the mothers and fathers, sons and the interests of everyday Americans in ure. daughters, whose loss is irreplaceable. I the forefront. There is so much more to If the Iraqi people follow the path to stand here tonight firmly and strongly do, here at home, and in our relations progress to a peaceful, pluralistic, and in support of this resolution, in support internationally, to better ensure the unified Iraq, they will have been suc- of the troops, and in opposition to the security and opportunity for all Ameri- cessful. The path may lead to some- President’s escalation of our military cans. thing less. Any lesser outcome is the involvement in the war in Iraq. The war in Iraq overshadows all that responsibility of the Iraqi people. So we do. The war has already cost this we want a path to progress, and we b 2340 Nation so much, young lives lost, hope for the blessings of liberty for Let there be no misunderstanding. greater uncertainty and instability in Iraq. The men and women serving our Na- the Middle East, greater hostility to- Now, how do we get there? The Presi- tion in our Armed Forces will continue wards our own Nation and financial dent has ordered an increase in troop to receive the support they require dur- costs that will take years to repay. So strength in Iraq. He thinks a surge in ing their training, while they are in it is timely and right that we take ac- troops will give breathing room for the theater and when they return home. tion now to change direction and strat- development of a path to progress. I am It is in honor of their service and the egy in Iraq. concerned that a surge will have the sacrifices of their family, and the love I stand with the majority of Congress opposite effect: that we will give of our country that we share that I in support of this resolution, in support breathing room to the death squads; stand to make it clear that the Presi- of our troops, and in opposition to the that our servicemen and women will be dent’s plan for Iraq to escalate the escalation of U.S. combat troops in

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00099 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE H1770 CONGRESSIONAL RECORD — HOUSE February 15, 2007 Iraq. This resolution sends the Presi- threatening loss of funding for oper- Yet, in response, what do we offer? dent a very strong message. It is our ations in Iraq, tying the hands of sen- The fortitude of contradiction I say. hope and the hope of the American peo- ior officers, to say nothing of the Com- The Senate unanimously confirms a ple that he heeds it. mander in Chief, and proposing to leg- new multinational force commander, Mr. BUYER. Mr. Speaker, I yield my- islate the conduct of this war, looks General David Petraeus, whose most self such time as I may consume. worse than cut and run. It feels like be- compelling value is perhaps his reputa- As a good listener of the gentlelady’s trayal of the families who bear the bur- tion for unrivaled understanding for remarks, I would think she would be in dens.’’ his clear grasp of counterinsurgencies. support of the President’s plan. I agree I can remember being in the desert in Yet the authors of the resolution be- with her when she was talking about the first gulf war while this body de- fore us seek to deny our best com- what is necessary for Iraq to govern bated a resolution on the utilization of mander the manpower assets he has itself, but in order for this country to force. I know what it was like to lose a asked for to prevail. What a disturbing begin to govern itself, it also needs to friend in war. I shed the tears of my fa- contradiction. The Senate unani- have security, and the Iraqi people ther when he lost buddies for his Army mously says, this is our best com- themselves must have a belief in the service in Korea. mander. Before they vote and say we support of that new unity government. Challenged by my own Member of are going to send you, he says, I need Now, with regard to the Iraqis them- Congress who voted against that reso- these five brigades. Then this body selves, whom we have been training, lution, I felt betrayed. While I was in drafts a resolution that says, we do not that is, the Iraqi Army and the Iraqi the desert, I felt betrayed, so much so think he should have the five brigades. police force, that is exactly what the that I vowed while I stood at that cem- I suppose we have the Senate and the plan is. The plan is for the Iraqis to etery in Lafayette, Indiana, the funeral House now in complete contradiction. take the lead. of my friend, that I felt I still had a General Petraeus is a decisive man who So the gentlelady’s remarks confuse mission left, and it was to come help has a decisive strategy, and he intends me, because as she says, I want the po- the country again. to reinforce our troops and root out the litical apparatus to do this, but I define So I ran against that incumbent enemy. Aside from the gratuitous Petraeus’ need for additional troops as Member of Congress who I felt betrayed gloom that is smothering the debate on an escalation. Therefore, she advocates me while I was in the desert in the gulf Iraq, moving in reinforced strength to for the status quo, and everybody war. I had never run for any political destroy an enemy is a time-honored knows the status quo is for failure. The office in my life. I was elected in this and frequently successful course of remarks confuse me. body at the age of 32 with so much to military action. The commander on the ground of our learn. It is so especially when conducted by forces in Baghdad just said on January But I have never forgotten about the a capable commander. We have already 26, that this is about Iraqis taking soldier, the sailor, the airman, the ma- agreed that General Petraeus is such a charge of their own security. In order rine and the coast guardsman. I am so commander. Many of us know that this for them to do that, we have to buy proud of them and what they do. is what our troops yearn to do. It is them time to continue to train and for The world of an American soldier is what Americans yearn for us to do, the government to become more legiti- more complex today than ever before, prevail. mate in the eyes of the Iraqi people. with technology, intricate rules of en- Now, lest one of my colleagues is Earlier what I said, the mission is to gagement designed to eliminate the tempted to try some contextual mis- govern, sustain and defend. You have loss of noncombatant life and a tough, chief, we all know that military vic- the political, economic and security innovative and savvy enemy. Our sol- tory with the right strategy is only necessities to accomplish that mission. diers who are in the fight are watching part of the equation of success in Iraq. I think everybody in this body is going and listening. Real success is not a quick, easy affair. to agree. One wrote from Iraq 2 weeks ago: I might offer success as defined by the When I met with President Talabani ‘‘Until victory or until the persever- establishment of a stable, popularly in August, we talked about the estab- ance and the spirit of the American elected government, the rise of the rule lishment of the rule of law, we talked will arose, victory in Iraq is achievable of law, and the stability necessary to about the implementation of the na- by our amazingly capable and deter- foster the growth of a strong middle tional plan of reconciliation, the dis- mined Armed Forces. Their effort will class. tribution of the oil revenue, the mod- only be undercut by self-serving poli- That will take a combined and con- ernization of their electrical grid. Pro- ticking and pointless impatience. If we tinued effort using diplomatic, infor- moting Iraqi unity was really deep on decide we want victory, we will have it. mational and economic levers. But the President’s mind. If we quit on our effort, we will have those levers cannot fully operate with- I wrote a note here after I met with defeat.’’ out security. And that is the challenge him. The note I wrote was I believe the Contending with the complexity of I have in listening to this debate. We in unity federal government has a real today’s battlefield and the ripple ef- Congress have confirmed General challenge. Their challenge is to con- fects of politics 6,000 miles away, our Petraeus and sent him now into battle. vince the Iraqi political, religious and soldiers live and measure value by sim- And what now do some want to do civil society leaders to compromise for ple enduring imperatives. They place a with him? They seek to turn the House a sustainable settlement to support the lot of value in loyalty. They count on floor into a cockpit of battlefield wis- new federalism. That is the challenge. each other, loyal to each other, to dom to disavow his strategy. Some So I am challenged when I hear indi- their commanders and to their oath to may say, go to Iraq, Commander. Dis- viduals say, well, on the security appa- defend the Constitution, and their love regard the strategy that you talked ratus, let’s just get U.S. forces out of of country helps them do their duty. A about in the Senate. Instead use your there, we’ll let the Iraqis take care of warrior bears true faith and allegiance. brilliance to conduct a feckless cam- this. The question is, are the Iraqis paign of status quo. prepared to do it alone? I haven’t heard b 2350 The resolution before us disavows the anybody say they are, that they can do Members of our Armed Forces live human assets our commander needs to it alone. and die by the readiness of their bud- accomplish his mission. But then it The Iraqis in turn said we still need dies to express their loyalty in the con- says, we support the troops. How can coalition assistance, and so the com- duct of faithful duty. They expect no you say we support the troops but you manders on the ground say we need less of their leaders up the chain, don’t give the commander that which these more troops to do this. We are whether they wear the stripes and dia- he says he needs? I do not understand. sending General Petraeus, our best mond of a first sergeant, the eagles of I am a colonel in the Army Reserve. commander, to the field. a colonel, or the stars of an admiral or I have served for 26 years this Nation. Mr. Speaker, a father-in-law of a sol- general, or their leaders in govern- How can you say to me, Steve, I sup- dier wrote this 10 days ago: ‘‘From ment, both executive and legislative port you. I will give you the beams, the where I am sitting, it seems that branches. bullets, the ammo, the water. I will

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00100 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE February 15, 2007 CONGRESSIONAL RECORD — HOUSE H1771 give you anything you need, but do not The President’s plan fails to ac- As Iraq continues to deteriorate into ask me for any troops and good luck on knowledge the lack of willingness and a failed state of endless killing, Presi- your mission. Because you do not get capacity by the Iraqi political and reli- dent Bush has decided not only to stay to ask for reinforcements. You do not gious leaders to achieve these nec- the course but to escalate America’s even get to ask for anybody else. essary goals. Sectarian factions are di- combat presence. As we know the Pelosi-Murtha real vided more than ever. Without the seri- The resolution we debate tonight strategy is to slowly bleed our battle- ous involvement and motivation of the puts Congress in step with the Amer- field commander dry. They know he Iraqi people, the President’s proposals ican people in rejecting the President’s cannot prevail waging a campaign of to send more American troops into escalation of the war. This resolution the status quo. So some will slowly re- harm’s way amounts to little more supports our troops and sends a clear duce funding for his Army in an effort than having 21,000 more soldiers stay message to President Bush that he is for it to wither on the vine. And it to the course. increasingly isolated in believing that me is disgraceful. This I cannot support. The President Iraq’s future can only be salvaged by Ladies and gentlemen, does this fit should consider the views of many ac- sending more Americans into their the definition of loyalty and support of tive and retired military generals who civil war. members of the United States Armed advised him to change his strategy in Let us remember that year 5 in Iraq Forces serving bravely in Iraq? Iraq. Instead of adding more soldiers, will start with over 150,000 U.S. troops Mr. Speaker, I reserve the balance of he should instead focus on some of the in the midst of an Iraq civil war. Year my time. best recommendations set forward by 5 in Iraq will start with 2,600 Minnesota Mrs. DAVIS of California. Mr. Speak- the bipartisan Iraq Study Group that National Guardsmen and -women who er, I yield 5 minutes to the gentle- he commissioned. woman from Arizona (Ms. GIFFORDS). These recommendations include have already served and sacrificed for a Ms. GIFFORDS. Mr. Speaker, as keeping Iraq rapid reaction and special year, being ordered to serve an addi- Members of the 110th Congress we are operation forces in Iraq to strike al tional 4 months of duty. Year 5 in Iraq about to cast one of our most impor- Qaeda militias, setting performance starts with over 3,100 American troops tant votes yet. Americans in my dis- benchmarks for the Iraqi Government having sacrificed their lives and nearly trict of southern Arizona and across and holding them accountable, pro- 24,000 troops having sacrificed their the country want their Representatives viding economic assistance to Iraq that bodies. to bring closure to the United States’ will help create jobs, strengthen infra- To all of our veterans and their fami- involvement in Iraq. This vote is the structure, and improve the Iraqi capac- lies, I offer my prayers, and I pledge first step towards doing precisely that. ity to be independent and stable. my support in the difficult months and A few weeks ago President Bush gave Last but not least, beginning a new years ahead. With a true sense of hu- a nationally televised speech to the dialogue with Iraq’s neighbors because mility and respect and admiration for American people to announce his new they need to be part of the solution. their service and sacrifices, I thank way forward for Iraq. But it sounded The basic message of the Iraq Study you, I thank your families for what strangely familiar. The President ac- Group and other credible experts and you have endured. knowledged that his policies and plans strategists is that the situation in Iraq Our troops have always done their in Iraq had failed to yield the promised is a political not just a military crisis. jobs with skill, with determination and results, and yet his only suggestion The President’s military escalation courage. And now it is time for the was to do more of the same. plan without a political component is elected leaders of this Nation to re- During my first few weeks in Con- bound to fail. Along with all other pa- spond with courage and skill and fore- gress serving on the House Armed triotic Americans, I strongly support thought to the challenges presented in Services Committee, the Foreign Af- our men and women in uniform who Iraq. It is time for the people of Iraq, fairs Committee, I have been listening, are risking their lives to protect and the diverse ethnic groups, the religious learning, asking tough questions. I defend our Nation. sects, their tribal leaders, to decide for have participated in many hours of Our Armed Forces must have the themselves whether their future is to hearings and briefings with top admin- tools, the training and the support that be one of ongoing murder, revenge, istration officials. they need to be successful in any mis- civil war, or reconciliation, peaceful Those people include Secretary of sion. I have serious concerns, Mr. cooperation and security. It is time to Defense Robert Gates, Chairman of the Speaker, that our Army, Marine Corps, end Iraq’s dependence on U.S. troops Joint Chiefs of Staff, General Peter along with Guard and Reserve forces and to fully transfer the responsibility Pace, Secretary of the Army Francis are being stretched too thin. for security and governance to the Harvey, Secretary of State Condoleezza Iraqis. It is time to start the process of Rice, former Congressman Lee Ham- b 0000 bringing American troops home safe, ilton, co-chairman of the bipartisan Instead of sending 21,000 more young soon. It is time to bring this war in Iraq Study Group commissioned by the American soldiers to Iraq as part of Iraq to an end. Achieving peace in Iraq President. that same failed strategy, the Presi- will require an Iraqi political solution. Since being sworn into Congress, I dent should focus on the Global War on have also been reading dozens of letters Terror. Failure is not an option. Amer- Peace requires a robust, active, tire- sent to me by my constituents, flying ica must prevail against many serious less diplomacy from the United States, home to my district almost every sin- threats around the world, whether in in partnership with Iraq’s neighbors gle weekend to meet with concerned the Middle East or elsewhere. and the entire world community. This citizens. Mr. Speaker, I will vote to support Congress has the opportunity and the Recently I attended a returning war- the resolution before this body because obligation to advance a foreign policy rior event in Arizona for Reservists our brave men and women in uniform vision rooted in the belief that Iraq’s coming back from combat. And last deserve a strategy that honors their future requires shared global commit- week I visited Walter Reed Hospital sacrifices. The President’s plan does ment. here in Washington, D.C. to speak with not do that. Tomorrow Congress will pass this bi- wounded soldiers and their families. Mrs. DAVIS of California. Mr. Speak- partisan resolution. This resolution is These collective experiences have er, I am now happy to yield 5 minutes important because it is the second step made me more confident than ever that to the gentlelady from Minnesota (Ms. in putting the White House on notice. the global war on terror and the situa- MCCOLLUM). The first notice was delivered to Presi- tion in Iraq are more complicated than Ms. MCCOLLUM of Minnesota. Mr. dent Bush by the American people last President Bush seems to realize. Com- Speaker, there is no more important November when they elected a new ma- mon sense dictates that in order for issue facing our Nation today than the jority to Congress. The American peo- any plan to succeed it must require the prolonged, painful, deadly war in Iraq. ple elected this majority because they Iraqi people to calm the sectarian vio- Next month America’s courageous and wanted this very debate to take place, lence and unify behind a workable po- determined troops start year 5 of com- because they reject the ‘‘stay the litical structure. bat operations inside Iraq. course’’ status quo in Iraq.

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00101 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE H1772 CONGRESSIONAL RECORD — HOUSE February 15, 2007 Instead of hearing the American peo- patriotic. And now, when the next Sometimes in the middle of debate ple, instead of acting on the rec- batch goes over without the proper when one gentleman refuses to yield to ommendations of the Iraq Study jammers or up-armored kits, we don’t another gentleman, it can be for a vari- Group, instead of learning from his call you unpatriotic. ety of reasons perhaps, but sometimes past mistakes in Iraq, President Bush Now we have called you incompetent. it is because the argument is pretty decided to escalate the war. We said you are incapable, and we said weak. Rather than take the counsel and the you are derelict of your oversight re- So I have listened to this debate. I advice of experienced statesmen and sponsibility. But never, Mr. Speaker, have not heard anybody on this side of trusted military leaders, President have we called anyone in this House the aisle call any of my Democratic Bush acted alone and decided to esca- unpatriotic. colleagues unpatriotic. So the gen- late the war. Now let me speak to the resolution. tleman who just spoke protests too Now our President calls himself ‘‘The This is very simple. It says two things: much. Maybe he has some deep feeling Decider.’’ In America, the people, not We support our troops and we do not inside, has some guilt inside perhaps. I the President, are the ultimate decid- support the escalation. It is very sim- don’t know. I can’t speak to that. Only ers in our democracy, and the people ple and here is why. We have already he can. I would be more than pleased to and this Congress have decided that done this, Mr. Speaker. We have al- yield to him. I would extend the cour- the escalation of combat troops into ready done this. We have already tried tesy to him. But I just don’t recall that Iraq is misguided. This Congress has the escalation and it has not worked. at all. the authority and the obligation to From November to January of 2005, we As a matter of fact, I had to turn hold the President accountable, and escalated by 18,000 troops, boots on the here to some staff that is with me be- this House is ready to exercise its con- ground, and the number of daily at- cause they are just as sensitive about stitutional powers. tacks increased by 17 percent. From this as I am and the seriousness of this The American people are demanding June to October of 2005, we increased debate. action to end this war in Iraq. Let us by 21,000 boots on the ground, and the The gentleman to my left is an Air listen to the American people. Tomor- number of daily attacks increased by 29 Force Academy grad and he is the Air row let us pass this important resolu- percent. And from May to November of Force Reserves, and he flies C–5As tion and begin the process of working 2006, 17,000 more boots on the ground, right into Baghdad. He knows what that is like. together as Americans to end the war and the number of daily attacks in- The two gentlemen right behind me, in Iraq. creased by 80 percent. this gentleman right here, Jeff Phil- Mrs. DAVIS of California. Mr. Speak- This escalation has not worked and it lips, served in the first gulf war, in the er, I am now happy to yield 5 minutes will not work. The number of insur- second gulf war, and has two Bronze to the gentleman from Ohio (Mr. gents have increased from 5,000 in 2003 Stars. This other gentleman over here, RYAN). to between 20,000 and 30,000 to October Jim Lariviere, served in Afghanistan Mr. RYAN of Ohio. Mr. Speaker, as of 2006. So this is very simple. we approach the final day of the debate and wears the Bronze Star. And I want to make just a few more So I turned to all three of these guys on this resolution, I have enjoyed the points, Mr. Speaker. One is this. With and I asked them, Have you heard any- debate thoroughly. I have found it hu- the last vote for the war, regardless of body say or make someone feel as morous at times. Our friends on the what party you were in or how you though they were unpatriotic? And the other side have tried every argument voted, we assumed that the President answer was ‘‘no’’ from these three men. they could possibly muster. They have and the Secretary of Defense would So please don’t come and pollute the talked about President Clinton, they send our troops over there with the debate because it only makes you look have talked about Vietnam, they are proper equipment. But with this esca- silly. trying to bring up Israel, and my friend lation, Mr. Speaker, we know that the ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE from Indiana also mentioned the issue 21,500 troops that are going to go over The SPEAKER pro tempore. The of consistency. And I find it funny that there will not have the proper Humvee Chair must remind Members to address the pro-life, self-proclaimed pro-life kits, the up-armor for their remarks to the Chair. party is the party that wants to keep HUMVEES. They won’t have the prop- Mr. BUYER. Mr. Speaker, it only extending the war. I find it ironic that er jamming devices or enough of them, makes Members look silly if they pol- all of the great budget hawks in the and they won’t have the number of lute the debate. Republican Party want to throw $8 bil- trucks that they need. One thing about war is that you have lion a month to keep going and going b 0010 to improvise, adapt, and overcome. and going as we borrow the money Right? You hear that a lot. We do it You now know it. So if you vote from China. and our enemies do it, and it is ex- against this resolution, you are voting But I have also found the debate, at tremely important. times, disappointing, where Members to send our troops over there without Mr. Speaker, I yield 101⁄2 minutes to of the other side have questioned our the proper equipment before it could be the former veteran of the Arizona Na- excused because we trusted the Presi- side and they have said, whose side are tional Guard, Mr. SHADEGG. we on? And how can we say that we dent, assumed, but now we know. Mr. SHADEGG. Mr. Speaker, I thank support the troops, and that we are, And, finally, Mr. Speaker, we have the gentleman for yielding. somehow, unpatriotic. heard a lot over the last couple of days And just to follow up, I was going to And I would just like to say that about the American Revolution and actually begin my remarks tonight by when the Republican Party and this the Civil War and World War II. Well, noting the tremendous speech I President didn’t send enough troops, Mr. Speaker, our President today is thought that was given by my col- we didn’t call you unpatriotic. And not Washington, he is not Lincoln, and league Mr. MCHUGH, I believe it was when you sent our young soldiers over he is not Roosevelt. So I think our Re- the night before last, in the midst of there without the body armor, we publican colleagues should take the ad- this important debate. And I think this never called you unpatriotic. vice of the Secretary of Defense, and is an extremely important debate. In- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE that is you go to war with the Presi- deed, I think this is the most impor- The SPEAKER pro tempore (Mr. dent you have. You don’t go to war tant debate in my 12 years in the HODES). The Chair must remind the with the President you wish you had. United States Congress and I would as- Members to address the Chair when ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE sert the most important debate this speaking in debate. The SPEAKER pro tempore. The Congress may, indeed, ever have. Mr. RYAN of Ohio. Mr. Speaker, we Chair must remind the Members to ad- But with regard to being unpatriotic, never called the other side unpatriotic dress their remarks in debate to the I want to make my position clear and when they sent our soldiers over with- Chair and not to others in the second I want to reference what Mr. MCHUGH out enough body armor. And when they person. said. didn’t send enough up-armored Mr. BUYER. Mr. Speaker, I yield my- First, I respect every Member on the Humvees, we never called anybody un- self such time as I may consume. other side of the aisle, and I respect

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00102 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE February 15, 2007 CONGRESSIONAL RECORD — HOUSE H1773 their right to express their views. And, In the debate earlier on this floor I against the laws of God that command quite frankly, the other evening when I asked my colleagues, I asked anyone jihad to last until judgment day or spoke in this debate, I said I respect on either side of the aisle, if you can until the entire Earth is under the rule and share their frustration, both at name for me a single radical jihadi of Islamic law.’’ where we are in this war and how we leader who has said that if America It would be nice if we could ask this got there. leaves Iraq, if America will pull back war to go away, but it won’t. So I ask But the gentleman pointed out that from Iraq, the war will end? I have again, if you do not want to confront he hadn’t heard anybody labeled unpa- asked that question on this floor at radical jihadists in Iraq, then where? triotic. I think Mr. MCHUGH’s com- least twice, maybe three times, and no- And if not now, then when? ments were quite in tone with what I body has taken it up. And the answer is This war did not begin in 2003. It have heard in the portion of this debate because that is not what they want. began not in 2001 with the attack on that I have watched, and I have I listened to the debate here tonight the World Trade Center. No. We have watched a lot. And he said, ‘‘I have lis- and I respect it. As I said, I share the been at war with these radical jihadists tened today with great interest, and I frustration over where we are in this for decades. In 1979, radical jihadists have enormous respect for Members on war. But if you listen carefully to this seized the American embassy in Tehran both sides of the aisle.’’ I have that re- debate, what you hear is: well, if we and held American hostages for 444 spect. I have the respect for the sin- will stop, the war will end. I am afraid days. In 1983, radical jihadists attacked cerity of my colleagues on both sides of it is not that true. I am afraid it is not the Marine barracks in Beirut; 241 were this aisle. We have, however, an impor- that easy. I am afraid it is not that murdered. In 1988, they brought down tant disagreement which deserves to be simple. If we were to stop, the war Pan Am Flight 103, known as the aired. would not end. Lockerbie bombing; 270 were murdered. I think there is an important ques- Listen to the words of al Qaeda, the In 1993, Islamic terrorists attacked the tion that needs to be asked. That ques- words of Osama bin Laden, the words of World Trade Center for the first time; tion is, if we do not defeat radical Ayman al Zawahiri. Over and over and six were murdered. In 1996, they at- jihadists in Iraq, the radical Islamists over again, they have told us that that tacked the Khobar Towers. I have been with whom we are at war there now, if would not be the end of the war. In- to Khobar Towers before it was brought we do not defeat them in Iraq, then deed, it would not end their war down. I saw where they killed 19 U.S. where? And if we do not defeat them against us. servicemen. 1998, al Qaeda attacked the now, then when? Let me talk first about Ayman al U.S. embassies in Tanzania and Kenya. Let me first start by making a few Zawahiri. Here is his quote: ‘‘It is jihad They killed 212 in Tanzania and 11 were points about the record and setting the for the sake of God and will last until murdered in Kenya. In 2000, the Islamic record straight. My colleague from our religion prevails . . . The entire terrorists attacked the USS Cole and 17 Texas pointed out a few moments ago world is an open battlefield for us. We are murdered there. 2001, they attacked that we are each entitled to our own will attack everywhere until Islam New York, Washington and Pennsyl- opinion, but not to our own facts. I reigns.’’ vania and they killed 3,000. would suggest that there is a fact Osama bin Laden: ‘‘The whole world This war is the heart of the war on across this Nation, an accepted fact, is watching this war and the two adver- terror, and if we do not confront them which is flat untrue. And it was re- saries; the Islamic Nation on the one now, then when? If we do not confront ferred to in the debate here just a few hand and the United States and its al- them in Iraq, then where? moments ago. And that is the notion lies on the other. It is either victory There have been parallels to prior that Shia and Sunni have been at war and glory or misery and humiliation.’’ wars. I would suggest that this debate with each other for hundreds of years b 0020 is similar, very similar, to the debate and killing each other for hundreds of that led up to our involvement both in years. Ayman al-Zawahiri again: ‘‘The jihad the World War I and World War II. Men Today, the bipartisan Antiterrorism in Iraq requires several incremental of goodwill do like not to engage in Caucus met, and we heard from an ex- goals; expel the Americans from Iraq, war. It would be nice to have been able pert from Brookings, and he said that establish an Islamic authority or to believe that Hitler would go away, is simply not true. The notion that we amarat, extend the jihad to secular and well-meaning Americans argued are in the midst of a civil war that has countries neighboring Iraq, and then that we should stay out of that war. gone on for hundreds of years simply is the clash with Israel.’’ But ultimately we couldn’t, because ul- not true. It is not a fact. And last, Osama bin Laden: ‘‘Hos- What is a fact is that we face an ex- tility toward America is a religious timately the Japanese empire attacked traordinary enemy, an enemy that duty. We hope to be rewarded by God us at Pearl Harbor and we recognized hates us, an enemy that has been for it. I am confident that Muslims will that we had to be involved in that war. taught a set of beliefs that requires be able to end the legend of the so- I would suggest to you that that is them to kill us; that requires them to called superpower that is America.’’ where we are now, and I would suggest kill all Americans, all Westerners, all There is no end to this war simply to you that there is no such thing when unbelievers; indeed, a radical jihadist because we choose to stop fighting. It you are at war as a nonbinding resolu- sect that calls for them to kill many will not go away. tion, and there is no such thing as a Muslims and to do so without excuse. Let me refer again to Mary Habeck resolution that does not do damage to To break all law in doing so. To ignore and ‘‘Knowing the Enemy,’’ which, Mr. the morale our troops. international law in doing so. Speaker, I hope you have read and all Let me conclude, if I might, just by I would call my colleagues to read others who participate in this debate pointing out that this resolution may this book, ‘‘Knowing the Enemy’’ by will read. send a message to the White House, Mary Habeck. I read it after she spoke ‘‘The three main jihadist ideologues and I understand and sympathize with to the bipartisan Antiterrorism Cau- make clear a central point of the ongo- the desire to do that. But the more im- cus. I want to read a few paragraphs ing war with falsehood: That it will portant message it will send is to our out of this book because I believe it is continue until Islam has liberated the allies around the world that America important to understand: ‘‘Jihadist entire world from darkness, tyranny cannot be trusted, that America can- ideologues use this generally accepted and servitude. Jihadists thus neither not be relied upon, that America is an belief to argue that their interpreta- recognize national boundaries within ally that will leave. tion of Islam is also intended for the the Islamic lands, nor do they believe Osama bin Laden has said it over and entire world, which must be brought to that the coming Islamic state when it over and over again: Attack them, recognize this fact peacefully if pos- is created should have permanent bor- fight them. Ultimately they will grow sible and through violence if not.’’ ders with unbelievers. The recognition weak and they will back down. We have been told over and over and of such boundaries would end the ex- Mrs. DAVIS of California. Mr. Speak- over and over again that these pansion of Islam and stop offensive er, I yield 6 minutes to the gentleman jihadists, the radical jihadists, hate us. jihad, both of which are transgressions from Florida (Mr. MEEK).

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00103 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE H1774 CONGRESSIONAL RECORD — HOUSE February 15, 2007 (Mr. MEEK of Florida asked and was what? They are not going to give up. great passion. I was not a member of given permission to revise and extend They are not going to give up, and they the military, but doggone it, I am a his remarks.) are not going to say, well, we are leav- Member of Congress. I am not going to Mr. MEEK of Florida. Mr. Speaker, I ing. They are not going to say that. let any Member of Congress make me am excited about being here. I want to So if our mission is to stay there as believe or any other Member believe thank the gentlelady for yielding. But long as the last insurgent is there, so that they are less of a Member because I am going to put my prepared notes to someone would not be looking at they do not have the credentials that the side here, because I don’t think troops leaving on the plane saying we the next person has. that is needed at this point, because we won, if that is the issue, then we have What I do know is that someone are well into debate now, Mr. Speaker, to readjust our thinking here. woke up early Tuesday morning at 7:00 on this very issue of Iraq. Let me just share something with a.m. to vote for representation in this I would like to disclose to the House you. I said to the President, ‘‘Yes, this U.S. House of Representatives, and that I am not a member of the armed is nonbinding, but it means a lot. It doggone it, they are going to get, and services. I have never served in a for- sends a message to the country that we those troops are going to get it. ward area. I wasn’t even a member of heard them last November.’’ So tomorrow it is going to be judg- the ROTC. But I am a Member of the You know the reason why this House ment time. Either you are with going U.S. Congress, and I have been federal- is in the majority for the Democrats in the old direction or in the new direc- ized to come here to represent my con- this time? You know why? Because the tion. stituents and the people of this great rubber stamp Republican Congress rub- And the only reason that I have com- country. ber stamped everything that the Presi- fort, Mr. Speaker, tonight is the fact I know sometimes we say some dent sent to this House and to the Sen- that I know that there is going to be a things on the floor that we don’t really ate. And if this was about politics, I bipartisan vote on that board, just like mean, and then there are some things would just go home and sit and watch it was on the minimum wage, just like we do really mean. this debate on television and talk to it was as it relates to prescription I had the opportunity to go to the my wife and tell my wife, guess what, drugs, just like it was in cutting back White House today to speak to the sweetheart? The Democrats are about interest rates on student loans. All President on this very issue, and I to gain a greater majority, because the these bipartisan votes, and this is shared with him, delivered the message American people are going to continue going to follow the number of those bi- from the majority of the Members of on a bipartisan way, not just Demo- partisan votes. I know that we are this House of Representatives on a bi- crats, Republicans, independents, those going to start having the kind of over- partisan basis, Republicans and Demo- that never voted before, will start vot- sight we have to have on this war. crats that have come to this floor and ing because they think that we are not I do not believe that it would be a said they are going to vote in the af- listening. full pull out of troops, and I am not Now, I am going to share this also firmative on this resolution because even looking for that, but I am looking with you, what is very, very important. they don’t believe in the escalation of for management of this war in Iraq, I said, ‘‘Mr. President, it is nonbinding, troops. and I am glad that we are having this but you are going to have a supple- A supermajority of the Members of debate. mental that is going to come through, the House have not served in the mili- Mrs. DAVIS of California. Mr. Speak- and there has to be language in there tary. Now, do we respect and honor er, I yield 6 minutes to the gentle- that speaks to the point of readiness, those that allow us still to salute one woman from Florida (Ms. WASSERMAN speaks to the point of the fact that if flag? You are 110 percent right as it re- SCHULTZ). you say we are going to send 20,000 Ms. WASSERMAN SCHULTZ. Mr. lates to my feelings towards that. And combat troops and 3,000 support per- Speaker, I am going to bring it back I respect those Members who have been sonnel, that they have what they need down a notch for a minute. in the ROTC and came up through col- to carry out the mission.’’ lege and what have you and joined the The President heard what I had to On Tuesday, I had the privilege to Reserves and active duty. I trust their say and came right back and said, spend time with some of our Nation’s judgment. They have the right to say ‘‘Kendrick, do you believe for a minute finest. I traveled to Walter Reed Army what they want to say when they want that I would put troops in harm’s way Medical Center and talked with some to say it. if the military commanders did not tell of our soldiers who dedicated their But I shared with the President that us what we had?’’ lives to protect our Nation and gave this will pass. And he shook his head Respectfully I told the President, ‘‘It their hearts, souls and bodies to the and said, ‘‘I believe it will pass too, has happened before.’’ I have sat next cause of freedom. Kendrick.’’ to Mr. RYAN in the Armed Services As I was driving out to the hospital, I said, ‘‘Mr. President, here is some- Committee and watched four star gen- I reflected upon the changes in Iraq in thing else that we have to be together erals answer the question, ‘‘Do you the year-and-a-half since my first visit on, and there has to be some level of have what you need?’’ ‘‘Yes, we have to Walter Reed. During that visit, IED compromise.’’ it.’’ was not a regular part of the American Yes, this is a nonbinding resolution, Then we went to Iraq twice. Not vocabulary, Mr. Speaker. Fatalities but this is the first time that the once. Not when somebody told me that were shocking. The mounting death President has ever had any, any, any got off the plane that came back from toll was disturbing. pressure from the Congress on his Iraq and said, ‘‘Kendrick, guess what.’’ Today, there are insurgent attacks original thoughts and what he says In Mosul, in Baghdad, folks getting almost every day. Iraq has descended military commanders call for. ready to go out on patrol did not have into a deadly civil war, and almost Now, since folks have been talking up-armored vehicles. And I am a Mem- every American has become familiar about who they are here on this floor ber of Congress. You would think some- with the term IED and the deadly im- and what they have done and chest one would bring up-armored vehicles pact they have on the young men and beating and all, I have been a member out because they have Members of Con- women that we send to fight for us in of the Armed Services Committee. I am gress there. And people are there say- this war. a member of the Ways and Means Com- ing, and the troops are there saying, The terms of war that my good friend mittee now and still on Armed Services soldiers, in the field, 18 months on the from Indiana so well knows, the casual- on a waiver. second deployment, saying, ‘‘Congress- ties, death, kidnappings, injuries, heli- I said I wanted to go back to Armed man, I know what you think, but let copter crashes, bombs, amputations, Services because we are at war and we me tell you something: We don’t have good-byes, sorrow and pain have all behave to make sense here in this House. what we need.’’ come commonplace. We just can’t say we are there and we We hear that another helicopter was got to stay there as long as we got to b 0030 shot down or that three more soldiers stay there, until the last insurgent They still do not have what they died today in Iraq, and soon enough we says that they give up. Well, guess need. So I come to this floor, yes, with become numb to the true impact that

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I cannot help but think about vember 7 and move this country in a is not mentioned, the lives, limbs, the way this war is affecting not only new direction, which unfortunately hopes and dreams. my generation, Mr. Speaker, but the you have neglected to do. They are soldiers like a young man I generations following mine. They, too, Mr. BUYER. Mr. Speaker, reclaiming met Tuesday who was travelling on recognize the sacrifices that our men my time, I have neglected to do? foot with his convey when an IED ex- and women in uniform are facing. Ms. WASSERMAN SCHULTZ. You ploded, and as he put it, blew him up. Students from two schools in my dis- collectively. He had served in Iraq twice before, and trict, Nob Hill Elementary and Silver Mr. BUYER. Mr. Speaker, are you on his third tour of duty, Mr. Speaker, Ridge Elementary, made Valentine’s questioning my motives he became a double amputee, lost his Day cards for the soldiers, and I got a PARLIAMENTARY INQUIRY arm and leg. Clearly, his total experi- chance to deliver them Tuesday during Mr. BUYER. Mr. Speaker, parliamen- ence will change him completely. my visit to Walter Reed. One of these tary inquiry. Is it proper for one Mem- Another young soldier was spending cards reads, the one right here: ‘‘Thank ber to try to question the motive of an- time with his family when I visited. He you for protecting our country and me. other Member? has a 6-year-old little boy who talked You’re the best. I would never have had b 0040 to me excitedly about how his daddy the guts to fight with guns anyways. was finally going to come home forever You are my hero. Forever and ever. Get ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE after August. He, too, had two previous well very, very soon.’’ The SPEAKER pro tempore. Even in tours and fell severely ill this third These young children recognize the heated debate, the Members should be time. Amazingly, this soldier hopes to service and sacrifice that these war- more orderly in the process of yielding go over and finish his tour with his riors are making. As Members of Con- and reclaiming time. company when he is better. gress, we owe them no less. Mr. BUYER. I thank the Speaker. I As a mom of 7-year-old twins, my It is our responsibility to provide for am thankful that the gentlewoman first thought when meeting this de- the common defense, and that includes gave the answer to her question, and lightful little boy was that his dad had vigorous debate, informed discussion the answer was that it was implicit. missed half his life so far, half his life. and responsible public policy. It is very easy in debate to come I could not help but worry that if we do I support this resolution because it down and to create a straw person and not get it right soon in Iraq it will not does just that, and Mr. Speaker, I sup- then attack the straw person. If the be long before this little boy and my port this resolution because the gen- gentlewoman has felt that way, that is twins will be part of this conflict. tleman from Indiana knows better. completely unfortunate. But please And finally, there are soldiers like It does not require words to question don’t say you have been called unpatri- the young man who shared so much patriotism. We have had plenty of im- otic. That is the exchange I had with with me and who sincerely explained to plication throughout this debate on an earlier speaker. Don’t accuse Repub- me that he was actually glad that he this floor on the other side of the aisle, licans of such things. I am disturbed by was badly injured, as opposed to his and death by a thousand cuts is the that and very bothered. gunner, because his gunner had a wife same as direct words. It is irresponsible Ms. WASSERMAN SCHULTZ. Would and kids and he did not want his bud- and unconscionable that the other side the gentlewoman yield? dy’s family to have to look into his of the aisle has questioned the patriot- Mr. BUYER. I am more than pleased eyes like that. He told me he wants to ism of the Members who disagree. to yield to the gentlewoman. run for office one day, and our Nation It is Congress’ job to disagree. It is Ms. WASSERMAN SCHULTZ. Does will be better for it. our role in the system of checks and the gentleman not understand that America’s future depends upon this balances, as our Founding Fathers en- when words are used, that they don’t generation of Americans, but while visioned them, unfortunately a role actually have to be exact words to sug- they fight to protect our country, they that was absent for the last 12 years. gest a particular opinion on the part of are depending on us to protect them. Mr. BUYER. Mr. Speaker, I yield my- the Member? And do you really think They are counting on us, the United self such time as I may consume. that it is beyond question that any of States Congress and this President, to I would like to, on my time, yield to the Members on your side of the aisle have a plan, a strategy that gets us the gentlewoman. I would like to yield as they engaged in this discussion and somewhere and to help get them home to the gentlewoman on my time, since debate did not question the patriotism and not endlessly commit their lives she would not yield on her time. Would of our Members? I mean, me thinks and their families’ lives to this war. the gentlewoman please identify by thou dost protest too much, as the gen- So, Mr. Speaker, today I join an over- name a Republican who has called a tleman stated earlier. I yield to the whelming majority of the American Democrat in this debate unpatriotic? gentleman. people, a bipartisan majority of Con- Ms. WASSERMAN SCHULTZ. Mr. Mr. BUYER. I thank the gentle- gress and some of the President’s own Speaker, will the gentleman yield? woman for her remarks. military leaders to raise my voice and Mr. BUYER. I yield to the gentle- Mr. RYAN of Ohio. Would the gen- to be the voice of the constituents, the woman from Florida. tleman yield? thousands of people who I represent in Ms. WASSERMAN SCHULTZ. I Mr. BUYER. I am more than pleased the 20th district of Florida, against es- thank you for yielding. to yield to the gentleman from Ohio. calating this war in Iraq. I was just taking my opportunity. Mr. RYAN of Ohio. As I was watching But more importantly, I raise my You have had more than 45 minutes to the debate prior to my speech, I wrote voice for my generation and for all the an hour of your own time to discuss down a quote that was stated by the little boys and girls in America whose your own view, and each us would like gentleman from Indiana looking at the mommies and daddies are in Iraq and that same opportunity. It is 12:40 in the Democrats saying, How can we say we Afghanistan fighting for this country morning. So I appreciate you yielding. support the troops? Question mark. and for freedom. I can tell you, as I just mentioned in Now, if that is not questioning the This President owes the American my remarks, that it does not require patriotism of our side, I don’t know people, but more importantly, these express words. By implication, there what is. brave troops, a strategy that makes are many Members on your side of the Mr. BUYER. Now I seek to reclaim sense, that will do the job and that will aisle who have questioned the patriot- my time, because that is a legitimate help get them home. The President’s ism of any of us who disagree with the question. policy fails that 6-year-old little boy President’s policy. The President’s pol- As the commander in the field, if you with a heart of gold and a smile that icy is inappropriate, and it is Congress’ say to the commander, ‘‘I support

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Amidst the embarrassing overabun- sure that you have been properly Now, your party and your President, dance of thorny foreign policy ques- trained, that you have your uniform, the Republican Party, Mr. Speaker, tions before this House currently, the that you have your ammunition, you and the Republican President are the question before this Chamber tonight have your helmet, you have your body ones who sent our kids to battle with- is a fairly simple one: Do we agree with Kevlar. You have what is necessary to out armor, without body armor. And it the Nation’s military establishment, accomplish your mission. But do you? took JACK MURTHA months to uncover with the country’s foreign policy com- If the commander says, ‘‘I need more it, and then to finally get it paid for munity, with popular opinion, and re- troops to accomplish that mission,’’ and distributed. It was the Republican ject this President’s very wrongheaded you say, ‘‘But you can’t have those.’’ Is Party, Mr. Speaker, who sent kids into plan to send 21,000 more troops into that then supporting the commander? battle without up-armored Humvees. Iraq? Or do we remain silent in homage That is why I pointed out the con- Now, nobody questioned the Repub- to Congress’ past and allow this poten- tradiction in that the Senate says to lican Party’s patriotism, and nobody tially disastrous escalation to move General Petraeus, ‘‘We agree, you are asked them if they supported the forward? our best commander to go over there.’’ troops. Again, we called you incom- I think the question answers itself. And before they took that vote, he petent, we said you were incapable, we And I am proud today to stand here in said, ‘‘I need those five brigades.’’ So said you were derelict in your duty, we support of this resolution, and register they passed the vote and they sent said you should have provided over- my strong support of our troops and General Petraeus over. sight and you didn’t. But we never my strong opposition to escalating this Now we are faced with a vote that called you unpatriotic. war. Mrs. DAVIS of California. Mr. Speak- says I support the troops, I support the As we finish the debate tonight, I er, I now recognize Mr. CHRIS MURPHY members of the Armed Forces. have been joined in these final remarks of Connecticut for 5 minutes. He will be How can we say, ‘‘I support you, but, by some of the younger colleagues in our last speaker, and, as we all know, Mr. Commander, we are not going to the House of Representatives. And I he is a veteran of the Iraq war. give you the troops’’? That is the point Mr. MURPHY of Connecticut. Mr. think our unity is significant. I should of the question. Speaker, I thank the gentlewoman for remind other Members of this House So please don’t try to spin it into yielding. I often get confused with my that we are discussing the fates of something that says, oh, you are call- good friend from Pennsylvania. many young men and women, my class- ing me unpatriotic. That is what I Let’s just touch for one minute, be- mates, my friends, that are this hour think is rather peculiar. fore I address the resolution on the fighting and dying in a country half- Mr. Speaker, does the gentlewoman question that our friends from the way around the world. have any other speakers? other aisle brought to us today and Mrs. DAVIS of California. Yes. Mr. that Mr. RYAN was so good enough to b 0050 Speaker, we have one additional speak- talk about as well, that is this notion er. As younger Members we also serve as that in order to support the troops, you reminders that our duty here is not Mr. BUYER. Mr. Speaker, I yield 30 have to support the commander of the seconds to the gentleman from Texas just to set policies to secure the safety troops. of our country in terms of months or (Mr. GOHMERT). Well, having spent the last 2 years years but also in terms of decades. Mr. GOHMERT. Mr. Speaker, when walking around talking to every sector Mr. Speaker, I have never fought in a people on the other side of the aisle of the constituents of the Fifth Dis- war. I haven’t shot another man on the wonder how we can ask, Do you really trict of Connecticut, having a sense of battlefield nor have I been wounded support the troops? How about this where the American people came down myself. But I have been allowed the quote that was contributed to Mr. in November on this question, the MURTHA? ‘‘They won’t be able to con- American people seem to agree with privilege to represent my constituents tinue. They won’t be able to do the de- folks on this side of the aisle, which in this body because of the selfless ployment. They won’t have the equip- says this: There is a difference between bravery of those men and women ment. They don’t have the training. supporting the troops and supporting around this country that made a dif- They won’t be able to do the work.’’ the commander. ferent choice than I did, those that vol- There is no question in my mind. It is not an issue of patriotism nec- unteered to go overseas and fight and On his Web site that has now been essarily, it is an issue of differentiating defend this country. It is my duty to taken down, it says, ‘‘Chairman MUR- between the brave men and women who stand here today and thank them for THA will describe his strategy for not are over there fighting and dying for their service, thank their families for only limiting the deployment of troops this country, and the man who sends their service, but also to be their advo- to Iraq, but undermining other aspects them into battle. You can disagree cate here tonight. Because the Presi- of the President’s foreign and national with him and you can support the dent is asking a cadre of our bravest security policy.’’ troops. You can do that out in the pub- young men and women to go house to He is the Commander in Chief. That lic as a matter of your private advo- house in Baghdad to root out an insur- is undermining the President. cacy, and you can do that here on this gency while he does virtually nothing Mrs. DAVIS of California. Mr. Speak- floor. to address the systematic causes of er, I just want to inquire of our re- That is where the American public that insurgency. One hundred thousand maining time. came down on election day. They said troops may not be able to do the job The SPEAKER pro tempore. The gen- loud and clear that day, ‘‘We support that the President is asking 21,000 to tlewoman from California has 18 min- the troops.’’ They go every day to cele- do. Escalating the number of troops in utes. The gentleman from Indiana has brations of those troops when they Baghdad hasn’t worked in the past and 16 minutes. leave and when they come home. They it most likely won’t work here. Mrs. DAVIS of California. Mr. Speak- go to much more somber ceremonies Through his actions, the President is er, I yield 3 minutes to the gentleman when they don’t return home. And then putting our soldiers’ lives at unneces- from Ohio (Mr. RYAN). on election day they come out and they sary and unconscionable risk. There is Mr. RYAN of Ohio. Mr. Speaker, it is say this: ‘‘I support those troops. I a resolution in Iraq but it’s a political entirely possible and welcomed under don’t support the man who put them solution. It’s not a military resolution. the Constitution of the United States into harm’s way in the manner that he And we owe it to our soldiers who have to have disagreements about how we did that.’’ done everything that we have asked need to handle troops deployments, Mr. Speaker, I would like to thank them to do to stand up to a President how we need to handle our situation in Speaker PELOSI and Leader HOYER for who would ask them to do a job that

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When you move and as a House Permanent Select Com- atively young age because I was fearful in to counterinsurgency and then the mittee on Intelligence report stated, that the decisions that were being enemy begins to use roadside bombs to Federal authorities have shut down at made here today would have dramatic attack our Hummers, what do we have least 25 charities contributing to ter- consequences for the world that my fu- to do? We respond. That is why I made rorist activities since September 11. ture children and grandchildren will the comment of what does our military That is here in our own country. grow up in. And I came here to begin a do? They improvise, they adapt and In South America there is a strong al conversation that acknowledges that they overcome, and that is exactly the Qaeda presence in the tri-border area of what will make this Nation safe for same thing which our enemies do. So it Argentina, Paragiau and Brazil. In Western Europe, where there have generations is not a Nation built on was a very peculiar comment to say, well, we didn’t attack you because. I been recently uncovered plans for at- bullying, not a strategy based on scat- tacks against Great Britain and the don’t know. It’s so peculiar, I don’t tershot military intervention but a United States and where insurgent fi- even want to comment anymore on it. comprehensive foreign policy that nancial networks and planning cells combines American might with Amer- What I would like to comment on is the nature of the enemy and the sig- flourish throughout Europe supporting ican diplomacy. In order to secure this insurgent activities. nificance of Iraq and the global war Nation for the next generation, we In the Southern Pacific, where the need to acknowledge that the most im- against militant Islamists. Bali bombings in October 2002 were at- Mr. Speaker, at this time I would portant question we must ask is not tributed to an al Qaeda-linked cell. who do we attack next, but instead how like to turn our attention to the nature In the Ibernian Peninsula and North do we reset our place in this world in a of the enemy we face and the signifi- Africa where North Africans were way that would prevent the forces who cance of Iraq in the global war against blamed for the May 2004 Madrid bomb- would do America harm from becoming militant Islam. We often use the term ings and where there have been bomb- stronger? ‘‘global war on terrorism’’ to describe ings in Casablanca, Morocco and Tuni- Mr. Speaker, we need to come to our efforts since the September 11 at- sia. grips with the fact that we live in a tacks. I believe this is a misnomer. In In the greater Middle East, where world in which our own supposed allies reality, we are engaged in a campaign there are ongoing Islamic insurgencies create societies that foster extremism to counter a global, radical Islamist in- in Iraq, Jordan, Egypt, Saudi Arabia, and violence amongst their most surgency, a global jihad. This global in- Yemen, Turkey, Lebanon and Israel/ marginalized members. At the same surgency is, in fact, a diverse confed- Palestine. time our Nation often strangely views eration of Islamic movements that uses In East Africa, where simultaneous cultural and political global detach- terrorism as only one of its many tac- bombings in October 1998 in Kenya and ment as a virtue rather than a weak- tics in their war against the West. Tanzania were coordinated from the ness. This combination causes those On February 23, 1998, Osama bin Sudan. that speak different tongues and those Laden, leader of al Qaeda, declared war The Caucuses and European Russia, that worship different gods to look on the United States, Israel and the where nationalist insurgencies in upon our great Nation with undeserved West in his statement ‘‘World Islamic Chechnya, Georgia, and Azerbaijan derision. This must change. Front Declaration of War against Jews have been co-opted by Islamic mili- For my mind, we do that in three and Crusaders.’’ Subsequently, bin tants. parts. First, we must pass this resolu- Laden’s deputy, Ayman al-Zawahiri, South and Central Asia, where the tion in order to pivot to a much broad- issued a statement after September 11 Taliban and al Qaeda continue to operate in Afghanistan and in Pakistan’s er conversation. And in that conversa- announcing a two-phase strategy for al federally administered tribal areas. tion in the coming days and months, Qaeda’s war. First, reestablish the Is- lamic Caliphate, the historical and And in Southeast Asia, where Islamic we must redeploy our troops both to insurgencies continue in Indonesa, the home and to fights that are central to temporal authority of all Muslims that existed from 632 A.D. until 1924 A.D, Philippines and southern Thailand. the war on terror, such as in Afghani- These Islamic insurgencies share a and, second, use the Caliphate as a stan. The gentlemen from the other common goal. They are oriented to- launch pad for a jihad against the side of the aisle are right. This battle ward the overthrow of the current with terrorists who may do harm to West. world order and its replacement with a No one believes that Osama bin this country does not end no matter pan-Islamic Caliphate. They wish to Laden directly controls this worldwide what happens on the ground in Iraq. change the status quo using violence insurgency. Rather than a single mono- But we must focus on our energies and subversion in order to initiate a there. Lastly, we need to begin, going lithic movement, al Qaeda is but one clash between Islam and the West. forward from today, to renew that mul- movement that symbolizes a broad and They use terrorism, subversion and tilateral spirit that once made this diverse confederation of militant Is- propaganda to further their goals and country great by proving ourselves in lamic movements that operate around initiate open warfare. the future to be both a strong America the world. This insurgency includes It will come as no surprise that most and a humble America. such wide-ranging organizations as the of the active Islamic insurgencies take Mr. Speaker, I stand here today in Egyptian Islamic Jihad, the Libyan Is- place either within the historical support of this resolution. lamic Fighting Group, the Islamic bounds of the Caliphate, meaning Mr. BUYER. Mr. Speaker, I yield my- Army of Aden, al Qaeda in Iraq, the Is- North Africa, Spain, Turkey and the self such time as I may consume. lamic Movement of Uzbekistan, the Middle East, or in areas claimed by the There was a peculiar comment a bit Abu Sayyaf Group in Malaysia and the new broader pan-Islamic Caliphate, ago from the gentleman from Ohio Philippines. In addition, Iran, a major- South Asia, Southeast Asia and Indo- when he said, well, I didn’t call you unity Shia country, backs numerous rad- nesia. These insurgencies contribute to patriotic when you sent troops into ical Islamic groups, including what is called an arc of instability that battle and they didn’t have their up-ar- Hezbollah and Palestine rejectionist reaches from Indonesia across South mored Humvees. What a weird state- groups such as Hamas and the Pales- Asia and the Middle East to North Af- ment to say. tinian Islamic Jihad. These wide-rang- rica. You see, we prepare our force. So, for ing and disparate groups are loosely Where does Iraq fit into this global example, when myself and Colonel linked ideologically, linguistically and jihad? Iraq has become the front line in Phillips in the first Gulf War, those culturally. They use family ties, per- the open warfare of the global insur- Hummers that we took in, they didn’t sonal relationships and financial links gency. In many ways, Iraq is a micro- even have doors on them. We didn’t to coordinate their efforts. Thus, the cosm of the complex worldwide Islamic

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In discussing Iraq, stroyer USS Cole kills 17 American what we bring to this discussion and Zawahiri stated: sailors. this debate, and I think it has been a ‘‘I want to be the first to congratu- In 2001, September 11, killed 2,973. good debate, Mr. Speaker, is I think it Until 2001, we failed to properly react late you for what God has blessed you is important, as a lot of my colleagues to this threat. The enemy perceived us with in terms of fighting battle in the have said on both sides of the aisle, as weak and believed that we lacked heart of the Islamic world, which was that we represent the people of our formerly the field for major battles in the will to fight. This resolution before us, if ap- community. Islam’s history, and what is now the I often go into schools and talk to proved, will signal our lack of resolve place for the greatest battle of Islam in students about what representation and I am troubled. It will be inter- this era.’’ means and tell them that it would be preted, I believe, by the forces of the Zawahiri went on to outline the larg- really impossible to take their entire global jihad that the United States er strategy for Iraq. First, expel the class to Washington and have every- Americans from Iraq. Second, establish lacks the will to persevere against the forces of radical Islam. It will give body there to speak on the floor of the an Islamic authority and reestablish House. Well, we are honored, and I the Caliphate. Third, extend the jihad comfort to their thoughts, for they will know that we in Congress are uncer- know that my colleague is too, to be in neighboring secular Islamic countries. the House, to be able to make those Fourth, eliminate Israel. Thus we see a tain and irresolute. In a war where in- presentations, and we do it for people clear statement from the number two formation and willpower are more im- who actually sometimes disagree with man in al Qaeda that Iraq is centrally portant than firepower, we must conus as well as agree with us. But it is important to the global jihad. tinue to send the signal that we cannot Al Qaeda is not alone in operating in and will not cease to fight the enemy’s important that we do that. I think what we bring to this debate Iraq. There have been extensive Iranian vision of the world. You see, even if is to try and understand what these involvement that has been alleged re- you have your way and you say we are strategic risks are today. You made my cently. On March 14, 2006, General John going to withdraw the troops, whether case, and I appreciate that, because Abizaid told the Senate Armed Serv- they come back to the United States or there are many conflicts, and we need ices Committee that ‘‘Iran is pursuing whether they go to an over-the-horizon to understand them. That is why only a multitrack policy in Iraq, consisting position and this new infancy govern- of covertly supporting the formation of ment fails, we cannot cower to the se- focusing on a troop escalation, which a stable, Shia Islamist-led central gov- curity of America. This front con- isn’t 20,000 troops, Mr. Speaker, we ernment while covertly working to di- tinues. know there are probably another 15,000 minish popular and military support The Bible states, ‘‘If the trumpet in support troops, and those 15,000 for U.S. and Coalition operations gives an uncertain sound, who shall troops, which are there for support of there.’’ prepare himself to the battle?’’ If the combat troops, sometimes get in the While the full extent of Iranian sup- trumpet is uncertain, who will follow? way. We know that, and we know we port is unknown, it appears that at a This resolution, I think, sends the have had many deaths from our sup- minimum Iran is supporting the 20,000- wrong signal to our friends and to our port troops as well. So we need to man Badr Brigade as well as the 2,000- enemies and I urge my colleagues to think about this as a much larger man Wolf Brigade which is an offshoot. support those troops, sound the certain troop escalation. Just this week, administration officials trumpet, and defeat the resolution. But the reality is we need to utilize announced that Iran was the source of Mr. Speaker, I reserve the balance of all of our other tools, and we want to deadly explosive form projectiles being my time. put the pressure on our country, on used in Iraq. Mrs. DAVIS of California. Mr. Speak- this administration, on the Iraqi people Iraqis also grasp that Iraq is central er, I yield myself as much time as I and its government and all of our in this global struggle. Iraqi Prime may consume. friends around the world to help us and Minister Maliki told us here in a joint Mr. Speaker, I want to thank my col- step up to the plate; not to just rely on session of Congress, ‘‘I know that some league on the other side of the aisle, our military, not to just rely on our of you here question whether Iraq is because in many ways he has really treasure. We believe that is essential to part of that war on terror, but let me made the case for us. The argument on make the statement. be very clear. This is a battle between his side has been that we can’t just use So I want to close, Mr. Speaker, by true Islam, for which a person’s liberty our military, the tools that they bring saying that this has been a good de- and rights constitute essential corner- us, the great treasure that we have in bate. It will continue. It will continue stones, and that of terrorism, which them. We cannot solely look to them. into tomorrow. Then Members will wraps itself in a fake Islamic cloak.’’ And I think our great consternation have an opportunity to vote and to let The centrality of Iraq in the larger over this war has been that we have their constituents know how and why global Islamic insurgency cannot be not used our political, our economic they chose to do that. disputed. Our enemies and our friends and our diplomatic tools to represent Mr. BUYER. Mr. Speaker, if the gen- in the region grasp its significance. To the great Nation that we are. tlewoman will yield, I just want to fail in Iraq is to fail in the larger strug- I have to tell my colleague that I was compliment her for her civility and the gle. And our enemies are watching. really saddened when the veterans of way she led the debate. It was a good They remember what America did not my community asked me, and I have discussion, and it is exactly what the grasp the scope of the threat posed by asked our generals and I have asked American people are looking for from radical Islam. Yet the signals were the President, are we in fact a military this body. I congratulate the gentle- there: at war and not a Nation at war? The woman. In 1979, 66 American diplomats taken generals told me that we are a military Mr. WALSH of New York. Mr. Speaker, I hostage, held in Iran for 444 days. at war. I think the President disagreed rise today in support of this resolution for- In 1983, a truck bomb kills 241 Ma- with that. But the reality is that we malizing this body’s resolve to support and rines at their barracks in Beirut. have not brought our Nation to this ef- protect the men and women in the United In 1988, Pan Am flight 103 bombing fort in the way that I think is appro- States Armed Forces in Iraq and disapproving kills 270, including 189 Americans, over priate to have done. And so when we of President Bush’s decision to deploy Lockerbie, Scotland. talk about the strategic risks that are 20,000+ additional combat troops to Iraq. In 1993, six killed at the first World there, when we talk about the fact that Like the overwhelming majority of my col- Trade Center bombing by militant Is- we need to understand those risks, we leagues in the House and Senate, in 2002 I lamic terrorists. are doing it in a context that we know voted to authorize the use of force in Iraq In 1996, 19 U.S. servicemembers were that when we went to this war, we should the President deem such force nec- killed at Khobar Towers. didn’t properly assess those risks. essary.

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00108 Fmt 7634 Sfmt 9920 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE February 15, 2007 CONGRESSIONAL RECORD — HOUSE H1779 Since then, the men and women of our ington to represent them, to vote on their be- But these are facts. President Bush is more Armed Services have carried out their mission half, and to ensure that their voices are heard interested in cockamamy theories. with great courage and bravery, and they suc- in every national debate. And as Members of In the run-up to the war, Bush speculated cessfully achieved every military objective we Congress we do so with a unique balance of that Iraq possessed nuclear weapons. When set forth. personal belief and public will. intelligence officers suggested that might not They removed a tyrannical, oppressive dic- The President is the Commander in Chief. be the case, he ignored them. To date, no tator who brutally slaughtered his own people, That is a fact. But he is not the sole decider. weapons of mass destruction have been including innocent women and children. We—the other elected leaders of our govern- found. They rebuilt schools and replaced a crum- ment—have a responsibility to express the will Bush also hypothesized that the attack bling infrastructure. of the American people as we perceive it. would turn Iraq into a liberal democracy. When And they provided security for the Iraqi peo- The people of my New York district over- academic scholars wrote that Iraq’s history ple to successfully conduct interim elections, whelmingly supported this mission at its start, and culture didn’t suggest such an outcome to write a new constitution, and to democrat- as did I. We still support its goals. We will al- was likely, he dismissed them. Today, despite ically elect and install new national leadership. ways support our troops. But we do not sup- the election of an Iraqi Assembly and forma- The remaining objectives articulated at the port the continued build up of U.S. troops in tion of an Iraqi government, the country is in outset—conflict resolution between Sunnis and Iraq. a full-fledged civil war. Shiites and national peace and stabilization— This resolution states the House’s disagree- During the past four years, the President can only be achieved for the Iraqis, by the ment with the President on this strategy, and has repeatedly theorized that America was Iraqis. Their success will take personal will I support this 97-word resolution before us. making progress in Iraq, and that ‘‘success’’ and political compromise from all domestic But I also say today clearly and without was just around the corner. I remember, in parties involved. equivocation that I will not support any pro- particular, Bush’s summer 2003 statement that Mr. Speaker, success in Iraq today requires posal to cut funding to our troops while they ‘‘major combat operations in Iraq have a political solution, not a military one. Twenty are in harm’s way. ended,’’ his summer 2004 claim that we were thousand more armed American men and America has kept her promises to the peo- ‘‘turning the corner’’ abroad, and CHENEY’s women on the ground in Iraq will not change ple of Iraq. Over 3,000 American soldiers have summer 2005 reference to an insurgency in its the determination or alter the strategy of the given their lives to ensure those promises ‘‘last throes.’’ Despite these promises, the situ- warring factions and militants our troops now were kept, and their families now go forward ation in Iraq has gotten worse every year, not face. with a constant reminder of the price of their better. The addition of more American forces will sacrifice. My favorite declaration came this past sum- certainly not encourage the Iraqi Forces to This resolution confronts the reality that mer, when the President said that the forma- take responsibility for their nation’s security. there are defined military objectives, defined tion of a new Iraqi government represented a This premise never became clearer than when diplomatic objectives, and defined political ob- ‘‘turning point.’’ GEN. John Abizaid told the Senate Armed jectives that can only be achieved by a sov- Unfortunately, the body count in Iraq con- Services Committee, ‘‘I believe that more ereign and selfsustaining people. tinues to grow. This past July, an average of American forces prevent the Iraqis from doing This resolution, ultimately, is about the role 110 Iraqi adults died each day, the deadliest more and from taking more responsibility for and the responsibility of the Iraqi people. This month of the war for Iraq. In October, militia their own future.’’ resolution does not call for us to step out— attacks spiked 22 percent. In December, more He continued, ‘‘I’ve met with every divisional American troops there need to remain and than 100 American troops were killed, the third commander—General Casey, the corps com- take on a different role. Rather, this resolution deadliest month of the war for the United mander, General Dempsey—we all talked to- calls for Iraq to step up. States. gether. And I said, ‘in your professional opin- For that reason, it has my support. But the November elections did represent a ion, if we were to bring in more American Mr. STARK. Mr. Speaker, I voted against turning point—in the United States. The Bush troops now, does it add considerably to our the original resolution authorizing President administration no longer has a Republican ability to achieve success in Iraq?’ And they Bush to take military action against Iraq. As a Congress to lick its boots. What’s more, voting all said no.’’ Member of the Out of Iraq and Progressive on this resolution will soon suggest President Today’s U.S. military role in Iraq should be caucuses, I have and will continue to call for Bush doesn’t even have the support of his to assist in support and training initiatives, not the immediate withdrawal of American troops. own party. to lead the charge. We must remember that I rise today in strong opposition to the Presi- When the President in January suggested this democracy does not belong to us, but to dent’s proposal to send more than 20,000 ad- sending additional troops to Iraq, Members of the Iraqi people who are responsible for pro- ditional United States combat troops to Iraq. Congress from both sides of the aisle criti- tecting and enhancing it. Today’s non-binding resolution is an important cized his foolhardy proposal. Senator CHUCK If an increase of troops is needed to sta- first step. After its passage, I will encourage HAGEL, Republican from Nebraska, termed it bilize specific regions, those troops ought to my colleagues in Congress to take further ‘‘Alice in Wonderland’’ thinking that would be Iraqi troops. At last count there were steps to end the War in Iraq. ‘‘represent the most dangerous foreign policy 325,000 trained, equipped and fielded Iraqi When a scientist uncovers facts that con- blunder since Vietnam.’’ Security Forces. At some point in time, these tradict a theory, he or she throws out that the- Retired military personnel weren’t much Iraqi Forces have to lead security efforts. ory. But when President Bush learns of facts more enthusiastic. Former General Barry What better time than now? What better op- that contradict his theories, he throws out the McCaffrey called the surge ‘‘a fool’s errand.’’ portunity could there be for the Iraqis to mani- facts. As a member of the reality-based com- Retired Colonel Paul Hughes said ‘‘sending fest their national pride and commitment to de- munity, I continue to be amazed by this Presi- more troops to Baghdad is like pouring more mocracy by concrete actions? The Iraqis are dent’s disregard for objective truths. water in the sands of Al-Anbar. It’s just going ready and the U.S. needs to stop enabling The President, however, isn’t just a scientist to disappear without accomplishing anything.’’ their dependence. experimenting with chemicals in a laboratory. I couldn’t agree more. The President’s pro- Recently, the 174th Fighter Wing of the New He is an executive whose decision to take us posal to escalate the war in Iraq in the naive York Air National Guard based in my home- to war under false pretenses has adversely af- hope of winning a lasting peace is another town of Syracuse returned from a support tour fected the lives of millions of Americans and cockamamy theory that contradicts all avail- in Iraq, and I’m proud that a young member of Iraqis. The costs of the nearly four-year old able facts. my staff deployed with them. Dozens of other conflict are grave. I strongly urge my colleagues to vote ‘‘yes’’ young men and women from New York’s 25th More than 3,100 brave American service- and take this important first step to end the Congressional District have fought in Iraq and men and women, including at least 325 from War in Iraq and bring all of our troops home. Afghanistan. I am deeply proud of them and my home state of California, have already died Mr. BAIRD. Mr. Speaker, every member of their remarkable service to our country. in the war. An additional 23,000 plus have this Congress, every member, regardless of Mr. Speaker, I stand before you as a mem- been wounded. Estimates of the number of political party, and regardless of their position ber of the greatest deliberative body in the Iraqi civilians killed since the invasion run on this war, or the resolution before us now, greatest representative democracy in the even higher, from 47,000 to 70,000. All at a is equally committed to the security of this na- world. We are the people’s House. We are all cost of $379 billion to the American people. tion, our communities, and our families. And I elected—chosen—every two years by citizens That’s more than $1250 for every man, believe every member of this Congress sup- across this land to converge here in Wash- woman, and child currently living in the U.S. ports our troops and their families while they

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00109 Fmt 7634 Sfmt 9920 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE H1780 CONGRESSIONAL RECORD — HOUSE February 15, 2007 are deployed. We must all support our vet- How will we pay for it? How will you manage needed services for our veterans and their erans and their families when they return internal conflicts among the Iraqi’s them- families when they return home. It is irrational home. selves? What will be the impact on our overall and inaccurate to believe that securing Iraq is Since this war began, I have attended, as security elsewhere in the world? the real key to keeping our nation safe from many of my colleagues have, deployment The fact is this administration has never an- terror, or that if we withdraw from Iraq the only ceremonies as we send the troops off to fight. swered any of those fundamental questions possible outcome is for our nation to be more I have been on the tarmac in the cold and honestly or fully. Never. Either they knew the vulnerable. It is immoral to leave our soldiers dark mornings when they’ve come home to answers and refused to give them, or they did dying and bleeding in the middle of a cen- their families. I have been many times to Wal- not know and went ahead anyway. If the first turies old religious conflict that is not of our ter Reed to visit the wounded. I have been to is true, they were being dishonest. If the sec- creation and is not within our power or respon- funerals for the fallen and held the hands of ond is true, they were incompetent. Sadly, it sibility to resolve. loved ones left behind. appears likely that both incompetence and du- For far too long we have given this Presi- Over the past weeks, months, and in the plicity were at work. dent far too much credibility, far too much years since this conflict began, I have heard Unfortunately, very little has changed since power, far too many lives and far too much from constituents on all sides of this issue, in- this war began. As we consider the proposed money. It is time to stop. cluding members of our armed forces who escalation of the occupation in Iraq, none of Having said how I will vote, the sad but sim- have served or are now serving in Iraq. Some the most important questions has been an- ple truth is this, neither moving forward with of our troops support the war in Iraq, others swered. the President’s proposed troop increase, nor oppose it, some support an increase, others I voted against this war from the outset and voting for this resolution of disapproval, will don’t. To suggest that opposing the Presi- believe to this day that was the right vote. But really do what is needed to secure our own dent’s planned escalation means not sup- once we were committed and engaged, I be- nation, solve the problems in Iraq or bring real porting the troops would imply that many of lieved, as most of my colleagues and most stability to the region. There are, in fact, better the troops themselves and many of their loved Americans, that we had a responsibility to alternatives to the administration proposal and ones back home don’t support the troops. support the troops and try our best to help the those of us who oppose the President’s plan That suggestion simply makes no sense and Iraqis rebuild their nation, establish a demo- should spell out what we think is the better we should put it to rest for good. cratic republic, and try to restore stability. I, course. The real question today is not whether or along with most members of this Congress, This is where I believe that better course not we are committed to security, or whether voted repeatedly to provide our troops the should take us: or not we support the troops. The real ques- needed resources to succeed, and I fervently 1. We must renew our focus on securing tion is how we believe protecting security is hoped the mission would be successful. To a and rebuilding Afghanistan and increase both best achieved. On that, there is legitimate dis- degree, there have been successes. We de- troop strength and financial investment in that agreement, which is, or should be, what this termined there were no weapons of mass de- nation along with our allied partners. The fight debate is about. To have that debate is not struction. Saddam Hussein has been removed in Afghanistan was the real and most impor- only a right, but a responsibility of the elected from power, and is now dead as a result of a tant fight against the terrorists of September representatives in a republic such as ours. In- public and open judicial process. There have 11th. It was justified from the beginning and deed, it is to defend that very right that our been free and open elections, and Iraq has a remains just today, and it has the support of troops are being asked to serve and sacrifice constitution and elected government. the world. We cannot let the Taliban regroup not just in Iraq, but around the world. Those are good things. But the costs have and reinstate their reign of terror and extre- I saw the Pentagon explode from my office been horrific and the key questions still have mism there and we still have a chance, though window on September 11th. We all knew that never been, perhaps cannot be, answered by it is slipping fast, to help the Afghanis estab- thousands of our fellow citizens were dying this Administration. As we consider the Presi- lish a successful, tolerant and secure nation. before our eyes and I was worried about the dent’s latest proposal we must ask again: How 2. In Iraq, the administration should meet safety of my own family. None of us need to many more lives? How much more will this confidentially with the Iraqi leaders and give be reminded through floor speeches or Presi- cost? How will we pay for this? What will it do them a timeline with key benchmarks by which dential homilies about the threat of terrorism. to the rest of our security internationally and at our forces will withdraw. The timeline and But let us also not forget that the terrorists of home? benchmarks should be sufficient to ensure the that day did not come from Iraq. And let no Because these questions are at the core of safety or our forces and give the elected Iraqi one forget that, with only one exception, the whether or not this policy will enhance or jeop- government a reasonable time to train their entire House of Representatives, Democrats ardize our troops and our security, and be- forces and strengthen their political processes, and Republicans alike, all voted to authorize cause the administration to this day is unwill- but there must be a timeline so there is real the use of force to destroy the Al Qaeda ing or incapable of answering these basic pressure for real progress. The process of bases and the Taliban who harbored them in questions honestly, I must vote in favor of this conveying this information and the timeline Afghanistan. That is where the terrorists of resolution, and oppose further troop increases. itself should be confidential. The elected Iraqi September 11th were based, that is where the It is irresponsible to allow a commander in government should then announce that it is central focus of the fight against terrorists was chief, who has not been honest or accurate they who are asking us to begin withdrawal, focused, and we were united, along with vir- from the outset, to continue sacrificing the thereby strengthening their credibility and tually the entire world, in that fight. lives, bodies and families of our troops to a leadership while giving our nation a graceful Iraq is different, and the focus on Iraq has mission that lacks a clear objective or any way to exit at their request. Frankly, this distracted and detracted from the mission in foreseeable endpoint. should have been done by the administration Afghanistan and the real battle against terror- It is recklessly dangerous to permit a com- before the Iraq Study Group report and before ists. Administration suggestions aside, none of mander in chief to jeopardize our nation’s se- this debate in Congress, but it is still not too the terrorists of September 11th came from, or curity by letting our military equipment, readi- late. were trained in Iraq, and there were no weap- ness and troop morale continue to decline. It 3. While beginning a measured and stra- ons of mass destruction. is shortsighted and unwise to leave our Na- tegic redeployment of our forces from Iraq, we President Bush and the rest of the adminis- tional Guard and Reserve unprepared and should increase our support for infrastructure tration took this Nation into an unnecessary under-equipped to respond to other challenges repair and shift increasing responsibility for and ill conceived war based on false threats or crises abroad or within our own borders. It that effort to Iraqi companies and workers and and with a deeply flawed plan. Our soldiers, is wasteful and foolhardy to build the largest away from foreign contractors. their families, our economy, our overall military embassy in the world in this very small nation. We should, however, maintain close over- readiness, the Iraqi people, friends in the re- It is dangerous and strategically unsound to sight of the spending to ensure the resources gion, and our coalition partners, have all suf- concentrate more of our intelligence assets in are being used as intended and we should link fered as a result of the administration’s misin- this one city, leaving the rest of the world and continued financial support to real political and formation and miscalculations. other dangerous threats less covered. It is security progress on the part of the Iraqis. Fur- Before this war, I, and many others, asked unsustainable for our economy to keep pour- ther, we should prevail upon wealthy neigh- the administration to answer fundamental ing out money, forgoing needed investments bors in the region, notably the Saudi Arabians questions. How many troops will this take? at home, and piling debt onto our children with and others, to expend some of their own vast How many lives will be sacrificed? How long no real plan to pay for it, and no real end in funds to enhance the infrastructure effort. We will we be there? What will it cost financially? sight. It is a breach of trust to not provide the should also dramatically reduce the size of the

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00110 Fmt 7634 Sfmt 9920 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE February 15, 2007 CONGRESSIONAL RECORD — HOUSE H1781 embassy complex that is now under construc- 11. Finally, but importantly, for far too long however, question the wisdom of considering tion in Baghdad and we should pledge to no our energy policy and dependence on petro- a resolution which will have no practical effect, permanent U.S. bases in Iraq. leum has distorted our foreign policy and but will have serious and inevitable con- 4. To help fund the infrastructure and secu- thereby endangered our national security, our sequences for the men and women who have rity activities within Iraq, and to give every economy, and our environment. We must rec- been asked to serve. Iraqi a stake in the success of their political ognize that energy policy is coupled with na- While we consider this resolution, our en- process. An equitable means of distributing oil tional security and we must change both poli- emies, in prosecuting their side of this war— revenues should be created that ensures all cies or we will never have real and lasting se- will little note its allegedly non-binding char- Iraqis will benefit from the oil resources and, curity. acter. In that sense, Mr. Speaker, this is very simultaneously, that all Iraqis will lose eco- I urge my colleagues to consider this much a binding resolution. It binds this House nomically if insurgents damage those re- course, but before I conclude, I must respond irreversibly to a statement of disapproval. But sources. to those who suggest that if we do not give it will do nothing to change the situation to 5. We should encourage the Iraqis to work unquestioning support to this administration which it is nominally addressed, because it more closely with moderate Arab neighbors, regardless of what they ask for, regardless of does not bind our words to any actions. notably Jordan, Egypt and others in the region history, and regardless of the evidence on the General Peter Pace, in his testimony before to help with the training of the security forces ground, we are somehow empowering the ter- the Armed Services Committee displayed con- and with the reconstruction effort. This assist- rorists or undermining our troops. The Presi- fidence in our armed forces. He said that he ance has been offered since the beginning of dent himself has implied that any questioning believes our men and women in uniform un- the conflict but the Iraqis have not taken ad- of his policies is ‘‘politically motivated’’ and derstand the intricacies of our democracy and vantage of that offer to any real degree as of anything short of further escalation is sending the nature of our vibrant debate in this Con- yet. a message that our Nation will ‘‘cut and run’’ 6. Because the Iraq conflict has had a dev- gress. Mr. Speaker, I would add that while when things get tough. they may understand our prerogatives, they astating and destabilizing economic, political I believe the evidence suggests the oppo- and social impact on friendly and moderate will seek to decipher our intent and the resolve site. The evidence from this war is clear, while of this Chamber to support them in this fight. nations such as Jordan, Egypt and others, we there may be differences of opinion about pol- should provide additional financial aid to those I also believe that they will rightfully see this icy, this Congress, and the American people resolution for what it is—mere contradiction. nations, particularly to help them deal with the have, and will continue to support our troops influx of refugees, the high costs of energy, re- Without our continued commitment to the to the fullest. The evidence is also clear that young democracy in Iraq, the political and se- ductions in trade and tourism, and other ad- our troops will serve valiantly and effectively verse impacts. We cannot leave our friends to curity situation in that country will suffer tre- whenever and wherever they are called. mendous setbacks. Without support from suffer from this conflict, and we dare not let For the elected representatives of the peo- American troops and our allies, there is a the instability spread to nations that have been ple of this great nation to exercise their con- greater chance of failure in Iraq. General models of change and moderation. stitutional responsibility and demand change is 7. We must also reach out once again to Petraeus, Commanding Officer of Multi-Na- not a sign of weakness, it is a sign of the our traditional allies in Europe, Asia and else- tional Force-Iraq, last month described what strength of our own republic. Perhaps more where in the world, openly acknowledge past failure in Iraq would look like when he said importantly, it is a sign of the strength of our mistakes, spell out this new direction, and ask that ‘‘Sectarian groups would obviously begin very form of government itself, which is, after for their financial, diplomatic, and, if nec- to stake out their turf, try to expand their turf. all, what we are hoping to promote in Iraq and essary, military help in making it succeed. They would do that by greatly increased ethnic elsewhere in the world. The rest of the world, 8. While supporting and working with friend- cleansing.’’ our allies and adversaries alike, understand ly and moderate nations in the region and Defense Secretary Robert Gates in a press this and understand that the strength, char- elsewhere, we should engage in direct discus- conference last month said that if we fail, acter, courage and commitment of this Nation, sions and negotiations with other nations in ‘‘One would see an emboldened and strength- its people, and the Congress are separate the region, notably Iran and Syria. We dis- ened Iran, a safe haven and base of oper- from, and stronger than the flaws, and mis- agree profoundly with these nations on many ations for jihadist networks in the heart of the issues, and we must not be naive or overly takes of any one President or administration. We are not turning away from the fight Middle East, a humiliating defeat in the overall optimistic, but it is in our best interests to at campaign against violent extremism world- least engage in a dialogue and search for against terrorists or terrorism by changing course in Iraq. We are changing the course of wide, and an undermining of the credibility of areas where we may find common ground. the United States.’’ Mr. Speaker, these results The administration’s refusal to do this, even a strategy that has been wrong from the beginning and has not gotten better. Our Nation, are not acceptable to Americans because they through back channels, is misguided and are not in America’s interest and because counterproductive. our Armed Forces, and our Congress are fully willing to sustain a tough fight when the fight more turmoil in Iraq or the Middle East will un- 9. It is dishonest to not include the full costs acceptably threaten our national security. of this war and the associated increases in de- is right and the strategy is sound. But our re- Mr. Speaker, we know that among the fense spending as part of the annual budget public, our people, and this Congress are also strengths that our men and women in uniform and deficit projections. We must at last fully strong enough, wise enough and courageous possess is the courage to carry on. They are account for the costs of this war and fully fund enough, to recognize the truth and change di- armed with the notion that no matter what in- our commitment to veterans when they return. rection when the time comes. That time is 10. Our focus on the Iraq situation should now. spires our enemies, we fight in defense of not cause us to lose sight, as it has for too Mr. MCKEON. Mr. Speaker, I rise today to human dignity and natural rights. This cham- long, of the real goal, which is promoting speak against the motion under consideration. ber, which would say that it supports our broad security, stability and moderation in the As the House debates this so called non-bind- troops, should not do anything that would lead region for the sake of that region itself and in ing resolution concerning the recently imple- those troops to question the meaning or sin- the interest of our own security. Even if we mented troop surge in Iraq, I think it is impor- cerity of our support. could fully secure Iraq with this surge of tant to remind my colleagues exactly what is I therefore encourage my colleagues to join troops, which is highly doubtful, if we do not being sought by this resolution and what is to me in opposing this dangerous resolution, improve our overall image and relationships in be accomplished with its passage. which in two short paragraphs declares prin- the region and the world, and if we do not do This ill-conceived resolution seeks to do two ciples while avoiding the actions those prin- more to support moderate and friendly na- incompatible and indeed conflicting things; it ciples seemingly require. tions, we will see continued and worsening attempts to speak for this chamber in dis- Mr. BILBRAY. Mr. Speaker, in the 230-year threats from extremist groups and rogue na- approving the proposed troop increase. And it history of our country, the United States has tions. simultaneously claims to support those troops, fought in conflicts both at home and abroad A key part of this effort will be playing a whose devotion to duty is essential, in pros- that have tested the resolve and unity of the constructive role in working to resolve the con- ecuting a mission which is, in part, renounced American people. During that time, the pur- flict between the Israelis and Palestinians. We by this very same resolution. view of the Commander in Chief has justly also have important and necessary work to do Mr. Speaker, I do not question that the been scrutinized and questioned. These de- to improve our image and relationships within members who serve in this chamber do so bates are a part of our past and will be a part our own hemisphere and we must not ignore with integrity and with a high regard for the of our future as long as we send our men and or neglect that work. men and women who serve in uniform. I do, women into battlefields to fight for our country.

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00111 Fmt 7634 Sfmt 9920 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE H1782 CONGRESSIONAL RECORD — HOUSE February 15, 2007 Today’s debate is no exception. The ques- did not ‘‘want the smoking gun to be a mush- APPOINTMENT OF MEMBERS TO tion we must answer for ourselves is a funda- room cloud.’’ according to the Washington THE COMMITTEE TO ATTEND FU- mental one that speaks not to our approval of Post. We now know that these assertions NERAL OF THE LATE HONOR- the War in Iraq but rather to our commitment were a fiction created by this administration to ABLE CHARLIE NORWOOD to the men and women fighting this war. It is justify the unjustifiable. The SPEAKER pro tempore. Pursu- a commitment we must reaffirm without ques- U.S. Central Command Gen. Tommy ant to House Resolution 159, and the tion or doubt. With commitment and unity. Franks, the war’s operational commander mis- order of the House of January 4, 2007, Now it seems to me that we have two judged the interests of our Afghan allies. He the Chair announces the Speaker’s ap- courses of action we can take regarding the ran the war from Tampa with no commander pointment of the following Members of War in Iraq. We can pull our troops out imme- on the scene above the rank of lieutenant the House to the committee to attend diately and leave the stability of the region up colonel. According to another Washington the funeral of the late Honorable Char- to an increasingly violent insurgency, thereby Post April 17, 2002, article; The first Ameri- lie Norwood: admitting defeat, or we can send in further re- cans did not arrive until 3 days into the fight- The gentleman from Georgia, Mr. inforcements to work with Iraqi Security ing. LEWIS Forces to seize control of their country. As a representative from NY whose con- The gentleman from Ohio, Mr. We can all agree that a change in the status stituents resent the lies and deception thrust BOEHNER quo must be made. With an increased level of upon us to justify this war and creating a dis- The gentleman from Missouri, Mr. violence between Sunni and Shia insurgent traction away from the homeland security we BLUNT groups, an escalating cost, and the loss of all desire the question is: When will Osama The gentleman from Georgia, Mr. American lives, it is imperative that we have a bin Laden be brought to justice. BISHOP legitimate and substantive debate on the di- The article continues by identifying that The gentleman from Georgia, Mr. rection of this war. Osama bin Laden slipped through the cordon DEAL However, if we are to succeed in Iraq and ostensibly placed around Tora Bora as U.S. The gentleman from Georgia, Mr. complete the mission, then the United States aircraft began bombing on Nov. 30. More pre- KINGSTON House of Representatives should not waste its cisely, bin Laden was in Tora Bora on Nov. The gentleman from Georgia, Mr. time debating a nonbinding resolution criti- 26, spoke to his fighters about ‘‘holy war’’ LINDER cizing the Commander in Chief. This resolu- then, as quickly as he had come, bin Laden The gentleman from Georgia, Mr. tion offers no real policy alternatives for Iraq vanished into the pine forests with four of his GINGREY and does not bring our men and women home loyalists walking in the direction of Pakistan. The gentleman from Georgia, Mr. any sooner. It is a political shot aimed at the bin Laden escaped according to the Christian MARSHALL President, but it is really our troops who suffer Science Monitor, somewhere between Nov. 28 The gentleman from Georgia, Mr. most from these grandstanding tactics. to Nov. 30 as confirmed by Arabs and Af- SCOTT I recently visited Walter Reed Hospital to ghans in eastern Afghanistan. The gentleman from Georgia, Mr. hear from the wounded who have been to Iraq Mr. Speaker, I support our troops and that BARROW and sacrificed so much for their country. I is why we must commence the redeployment The gentleman from Georgia, Mr. talked to a wounded soldier who had a bone of our troops today. Thus far: PRICE infection that prohibited him from returning to There are 135,544 troops in Iraq today. The gentleman from Georgia, Mr. Iraq. He was not concerned about his physical 3127 or 2.3 percent of U.S. soldiers have WESTMORELAND well-being but instead he was upset that he been killed in service to our country. The gentleman from Georgia, Mr. could not go to finish the job that he had start- Seventeen percent or 23,279 U.S. soldiers JOHNSON ed. His feelings reflected the thoughts of many have been seriously wounded in service to our The gentleman from Wisconsin, Mr. of the soldiers that I had the privilege to sit country. SENSENBRENNER and talk with that day. The gentleman from Texas, Mr. BAR- The fact is we face a moment of unparal- Twenty percent of the troops wounded have received serious brain or spinal injuries; 30 TON leled opportunity to, in voice, in one vote, fulfill The gentleman from North Carolina, percent of U.S. troops develop serious mental our promise to our troops—the promise that Mr. COBLE health problems within 3 to 4 months of re- we will give them the resources, the armor, The gentleman from Texas, Mr. GENE turning home. the manpower and reinforcements they need GREEN During the President’s tenure, he has reso that they may safely and effectively win the The gentleman from Michigan, Mr. quested a cumulative total of more than $700 War on Terror and come back home. HOEKSTRA Ms. CLARKE. Mr. Speaker, I rise today be- billion to pay for the war effort in Iraq; $9 bil- The gentleman from Illinois, Mr. lion of U.S. taxpayers money is unaccounted cause I am very supportive of our troops MANZULLO around the globe and in particular those who for. The gentleman from California, Mr. are in harms way in Iraq. I wholeheartedly The State of New York has lost 143 sol- MCKEON support H. Con. Res. 63. diers, 16 from Brooklyn. U.S. troops continue The gentleman from Florida, Mr. Mr. Speaker, in the President’s January 29, to die from improvised explosive devices MICA 2002, State of the Union address, in regards (IEDs) have been sent to Iraq with poorly con- The gentleman from New Jersey, Mr. to protecting America, responding to the ter- structed and poorly armored equipment. Pen- FRELINGHUYSEN rorist threat and capturing Osama bin Laden, tagon war planners have created a high level The gentleman from Washington, Mr. he said (meaning Iraq): . . . This is a regime task force that has spent $6.7 billion on how HASTINGS that agreed to international inspections—then to combat IEDs. The gentleman from Illinois, Mr. kicked out the inspectors. This is a regime that Thousands of Americans are dead, thou- LAHOOD has something to hide from the civilized world. sand more will die if we don’t get our troops The gentleman from Iowa, Mr. States like these, and their terrorist allies, home and get them redeployed today. I op- LATHAM constitute an axis of evil, arming to threaten pose the President’s call for 21,000 more The gentlewoman from North Caro- the peace of the world. By seeking weapons troops to go to Iraq. I support our troops and lina, Mrs. MYRICK of mass destruction, these regimes pose a that’s why I want them home where they be- The gentleman from Arizona, Mr. grave and growing danger. They provide these long. SHADEGG arms to terrorists, giving them the means to Mrs. DAVIS of California. Mr. Speak- The gentleman from Kansas, Mr. match their hatred. They could attack our al- er, I thank my colleague for that, I TIAHRT lies or attempt to blackmail the United States. thank the entire body, and I thank The gentleman from Mississippi, Mr. In any of these cases, the price of indifference you. WICKER would be Catastrophic. Mr. Speaker, I reserve the balance of The gentleman from Alabama, Mr. Secretary Rice, after being named Secretary my time. ADERHOLT of State to succeed Colin Powell, Secretary The SPEAKER pro tempore. Pursu- The gentleman from Pennsylvania, Rice warned six months before the invasion of ant to section 3 of House Resolution Mr. PITTS Iraq that Saddam Hussein could deploy a nu- 157, further proceedings on the concur- The gentleman from Texas, Mr. SES- clear weapon, saying that the administration rent resolution will be postponed. SIONS

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00112 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE February 15, 2007 CONGRESSIONAL RECORD — HOUSE H1783 The gentlewoman from California, (1) IN GENERAL.—The Rules of the House the Committee shall notify the Chairman of Mrs. CAPPS are the rules of the Committee and its sub- the filing of the request. If, within 3 calendar The gentleman from North Carolina, committees so far as applicable, except that days after the filing of the request, the a motion to recess from day to day, and a Chairman does not call the requested special Mr. HAYES motion to dispense with the first reading (in meeting to be held within 7 calendar days The gentleman from Colorado, Mr. full) of a bill or resolution, if printed copies after the filing of the request, a majority of TANCREDO are available, are non-debatable privileged the members of the Committee may file in The gentleman from Nebraska, Mr. motions in the Committee and its sub- the offices of the Committee their written TERRY committees. notice that a special meeting of the Com- The gentleman from South Carolina, (2) SUBCOMMITTEES.—Each subcommittee is mittee will be held, specifying the date and Mr. BROWN part of the Committee, and is subject to the hour thereof, and the measure or matter to The gentleman from Indiana, Mr. authority and direction of the Committee be considered at that special meeting. The and its rules so far as applicable. Committee shall meet on that date and hour. PENCE (3) INCORPORATION OF HOUSE RULE ON COM- Immediately upon the filing of the notice, The gentleman from Florida, Mr. MITTEE PROCEDURE.—Rule XI of the Rules of the clerk of the Committee shall notify all PUTNAM the House, which pertains entirely to Com- members of the Committee that such meet- The gentleman from Pennsylvania, mittee procedure, is incorporated and made ing will be held and inform them of its date Mr. SHUSTER a part of the rules of the Committee to the and hour and the measure or matter to be The gentleman from Florida, Mr. extent applicable. Pursuant to clause 2(a)(3) considered; and only the measure or matter specified in that notice may be considered at MILLER of Rule XI of the Rules of the House, the that special meeting. The gentleman from South Carolina, Chairman is authorized to offer a motion under clause 1 of Rule XXII of the Rules of (d) PROHIBITION ON SITTING DURING JOINT Mr. WILSON the House whenever the Chairman considers SESSION.—The Committee may not sit during The gentleman from Oklahoma, Mr. it appropriate. a joint session of the House and Senate or SULLIVAN (b) PUBLICATION OF RULES.—The Commit- during a recess when a joint meeting of the The gentleman from South Carolina, tee’s rules shall be published in the Congres- House and Senate is in progress. Mr. BARRETT sional Record not later than 30 days after the RULE III. MEETINGS AND HEARINGS GENERALLY. (a) OPEN MEETINGS.—Each meeting for the The gentleman from Texas, Mr. BUR- Committee is elected in each odd-numbered transaction of business, including the mark- GESS year. (c) VICE CHAIRMAN.—The Chairman shall up of legislation, and each hearing of the The gentleman from Iowa, Mr. KING appoint a vice chairman of the Committee Committee or a subcommittee shall be open The gentleman from Texas, Mr. and of each subcommittee. If the Chairman to the public, except as provided by clause NEUGEBAUER of the Committee or subcommittee is not 2(g) of Rule XI of the Rules of the House. The gentleman from Texas, Mr. present at any meeting of the Committee or (b) MEETINGS TO BEGIN PROMPTLY.—Each CONAWAY subcommittee, as the case may be, the vice meeting or hearing of the Committee shall The gentleman from Texas, Mr. chairman shall preside. If the vice chairman begin promptly at the time so stipulated in is not present, the ranking member of the the public announcement of the meeting or GOHMERT majority party on the Committee or sub- hearing. The gentlewoman from Ohio, Mrs. committee who is present shall preside at (c) ADDRESSING THE COMMITTEE.—A Com- SCHMIDT that meeting. mittee member may address the Committee The gentleman from California, Mr. RULE II. REGULAR, ADDITIONAL, AND SPECIAL or a subcommittee on any bill, motion, or BILBRAY MEETINGS. other matter under consideration— (a) REGULAR MEETINGS.— (1) only when recognized by the Chairman f (1) IN GENERAL.—Regular meetings of the for that purpose; and REMOVAL OF NAME OF MEMBER Committee shall be held on the first Wednes- (2) only for 5 minutes until such time as AS COSPONSOR OF H.R. 654 day of every month to transact its business each member of the Committee or sub- unless such day is a holiday, or the House is committee who so desires has had an oppor- Mr. RYAN of Wisconsin (during con- in recess or is adjourned, in which case the tunity to address the Committee or sub- sideration of H. Con. Res. 63). Mr. Chairman shall determine the regular meet- committee. Speaker, I ask unanimous consent to ing day of the Committee for that month. A member shall be limited in his or her re- have my name removed as a cosponsor (2) NOTICE.—The Chairman shall give each marks to the subject matter under consider- of H.R. 654. member of the Committee, as far in advance ation. The Chairman shall enforce this sub- of the day of the regular meeting as the cir- The SPEAKER pro tempore. Is there paragraph. cumstances make practicable, a written no- (d) PARTICIPATION OF MEMBERS IN SUB- objection to the request of the gen- tice of such meeting and the matters to be COMMITTEE MEETINGS AND HEARINGS.—All tleman from Wisconsin? considered at such meeting. To the max- members of the Committee who are not There was no objection. imum extent practicable, the Chairman shall members of a particular subcommittee may, provide such notice at least 3 days prior to by unanimous consent of the members of f such meeting. such subcommittee, participate in any sub- PUBLICATION OF THE RULES OF (3) CANCELLATION OR DEFERRAL.—If the committee meeting or hearing. However, a THE COMMITTEE ON TRANSPOR- Chairman believes that the Committee will member who is not a member of the sub- TATION AND INFRASTRUCTURE, not be considering any bill or resolution be- committee may not vote on any matter before the full Committee and that there is no fore the subcommittee, be counted for pur- 110TH CONGRESS other business to be transacted at a regular poses of establishing a quorum, or raise The SPEAKER pro tempore. Under a meeting, the meeting may be canceled or it points of order. previous order of the House, the gen- may be deferred until such time as, in the (e) BROADCASTING.—Whenever a meeting for the transaction of business, including the tleman from Minnesota (Mr. OBERSTAR) judgment of the Chairman, there may be markup of legislation, or a hearing is open to is recognized for 5 minutes. matters which require the Committee’s consideration. the public, that meeting or hearing shall be Mr. OBERSTAR. Madam Speaker: Pursuant (4) APPLICABILITY.—This paragraph shall open to coverage by television, radio, and to clause 2(a)(2) of Rule XI of the Rules of the not apply to meetings of any subcommittee. still photography in accordance with clause 4 House of Representatives and clause I(b) of (b) ADDITIONAL MEETINGS.—The Chairman of Rule XI of the Rules of the House. Oper- the Rules of the Committee on Transportation may call and convene, as he or she considers ation and use of any Committee Internet and Infrastructure, I submit the Rules of the necessary, additional meetings of the Com- broadcast system shall be fair and non- Committee on Transportation and Infrastruc- mittee for the consideration of any bill or partisan and in accordance with clause 4(b) ture for the 110th Congress for publication in resolution pending before the Committee or of Rule XI of the Rules of the House and all for the conduct of other committee business. other applicable rules of the Committee and the CONGRESSIONAL RECORD. On January 17, The Committee shall meet for such purpose the House. 2007, the Committee on Transportation and pursuant to the call of the Chairman. (f) ACCESS TO THE DAIS AND LOUNGES.—Ac- Infrastructure met in open session and adopt- (c) SPECIAL MEETINGS.—If at least three cess to the hearing rooms’ daises and to the ed these Committee Rules by voice vote. members of the Committee desire that a spe- lounges adjacent to the Committee hearing cial meeting of the Committee be called by RULES OF THE COMMITTEE ON TRANSPOR- rooms shall be limited to Members of Con- the Chairman, those members may file in the TATION AND INFRASTRUCTURE, UNITED gress and employees of Congress during a offices of the Committee their written re- STATES HOUSE OF REPRESENTATIVES, 110TH meeting or hearing of the Committee unless quest to the Chairman for that special meet- CONGRESS (ADOPTED JANUARY 17, 2007) specifically permitted by the Chairman or ing. Such request shall specify the measure ranking minority member. RULE I. GENERAL PROVISIONS. or matter to be considered. Immediately (g) USE OF CELLULAR TELEPHONES.—The (a) APPLICABILITY OF HOUSE RULES.— upon the filing of the request, the clerk of use of cellular telephones in the Committee

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00113 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE H1784 CONGRESSIONAL RECORD — HOUSE February 15, 2007 hearing room is prohibited during a meeting thorizing of a subpoena pursuant to para- Committee shall promptly notify the Daily or hearing of the Committee. graph (d) of Committee Rule IV, the report- Digest Clerk of the Congressional Record as RULE IV. POWER TO SIT AND ACT; POWER TO ing of a measure or recommendation pursu- soon as possible after such public announce- CONDUCT INVESTIGATIONS; OATHS; ant to paragraph (b)(1) of Committee Rule ment is made. SUBPOENA POWER. VII, and the actions described in paragraphs (b) WRITTEN STATEMENT; ORAL TESTI- (a) AUTHORITY TO SIT AND ACT.—For the (b), (c) and (d) of this rule. MONY.—So far as practicable, each witness purpose of carrying out any of its functions (b) QUORUM FOR REPORTING.—A majority of who is to appear before the Committee or a and duties under Rules X and XI of the Rules the members of the Committee or a sub- subcommittee shall file with the clerk of the of the House, the Committee and each of its committee shall constitute a quorum for the Committee or subcommittee, at least 2 subcommittees, is authorized (subject to reporting of a measure or recommendation. working days before the day of his or her ap- paragraph (d)(1))— (c) APPROVAL OF CERTAIN MATTERS.—A ma- pearance, a written statement of proposed (1) to sit and act at such times and places jority of the members of the Committee or a testimony and shall limit his or her oral within the United States whether the House subcommittee shall constitute a quorum for presentation to a summary of the written is in session, has recessed, or has adjourned approval of a resolution concerning any of statement. and to hold such hearings; and the following actions: (c) MINORITY WITNESSES.—When any hear- (2) to require, by subpoena or otherwise, (1) A prospectus for construction, alter- ing is conducted by the Committee or any the attendance and testimony of such wit- ation, purchase or acquisition of a public subcommittee upon any measure or matter, nesses and the production of such books, building or the lease of space as required by the minority party members on the Com- records, correspondence, memorandums, pa- section 3307 of title 40, United States Code. mittee or subcommittee shall be entitled, pers, and documents, as it deems necessary. (2) Survey investigation of a proposed upon request to the Chairman by a majority (b) AUTHORITY TO CONDUCT INVESTIGA- project for navigation, flood control, and of those minority members before the com- TIONS.— other purposes by the Corps of Engineers pletion of such hearing, to call witnesses selected by the minority to testify with re- (1) IN GENERAL.—The Committee is author- (section 4 of the Rivers and Harbors Act of spect to that measure or matter during at ized at any time to conduct such investiga- March 4, 1913, 33 U.S.C. 542). least one day of hearing thereon. tions and studies as it may consider nec- (3) Construction of a water resources devel- (d) SUMMARY OF SUBJECT MATTER.—Upon essary or appropriate in the exercise of its opment project by the Corps of Engineers responsibilities under Rule X of the Rules of announcement of a hearing, to the extent with an estimated Federal cost not exceed- practicable, the Committee shall make the House and (subject to the adoption of ex- ing $15,000,000 (section 201 of the Flood Con- pense resolutions as required by Rule X, available immediately to all members of the trol Act of 1965). Committee a concise summary of the subject clause 6 of the Rules of the House) to incur (4) Deletion of water quality storage in a expenses (including travel expenses) in con- matter (including legislative reports and Federal reservoir project where the benefits other material) under consideration. In addi- nection therewith. attributable to water quality are 15 percent (2) MAJOR INVESTIGATIONS BY SUBCOMMIT- tion, upon announcement of a hearing and or more but not greater than 25 percent of subsequently as they are received, the Chair- TEES.—A subcommittee may not begin a the total project benefits (section 65 of the major investigation without approval of a man shall make available to the members of Water Resources Development Act of 1974). the Committee any official reports from de- majority of such subcommittee. (5) Authorization of a Natural Resources (c) OATHS.—The Chairman of the Com- partments and agencies on such matter. Conservation Service watershed project in- mittee, or any member designated by the (e) QUESTIONING OF WITNESSES.—The ques- volving any single structure of more than Chairman, may administer oaths to any wit- tioning of witnesses in Committee and sub- 4,000 acre feet of total capacity (section 2 of ness. committee hearings shall be initiated by the P.L. 566, 83rd Congress). (d) ISSUANCE OF SUBPOENAS.— Chairman, followed by the ranking minority (d) QUORUM FOR TAKING TESTIMONY.—Two (1) IN GENERAL.—A subpoena may be issued member and all other members alternating by the Committee or subcommittee under members of the Committee or subcommittee between the majority and minority parties. paragraph (a)(2) in the conduct of any inves- shall constitute a quorum for the purpose of In recognizing members to question wit- tigation or activity or series of investiga- taking testimony and receiving evidence. nesses in this fashion, the Chairman shall tions or activities, only when authorized by (e) RECORD VOTES.—A record vote may be take into consideration the ratio of the ma- a majority of the members voting, a major- demanded by one-fifth of the members jority to minority members present and ity being present. Such authorized subpoenas present. shall establish the order of recognition for shall be signed by the Chairman of the Com- (f) POSTPONEMENT OF VOTES.— questioning in such a manner as not to dis- mittee or by any member designated by the (1) IN GENERAL.—In accordance with clause advantage the members of the majority nor Committee. If a specific request for a sub- 2(h)(4) of Rule XI of the Rules of the House, the members of the minority. The Chairman poena has not been previously rejected by ei- the Chairman of the Committee or a sub- may accomplish this by recognizing two ma- ther the Committee or subcommittee, the committee, after consultation with the rank- jority members for each minority member Chairman of the Committee, after consulta- ing minority member of the Committee or recognized. tion with the ranking minority member of subcommittee, may— (f) PROCEDURES FOR QUESTIONS.— the Committee, may authorize and issue a (A) postpone further proceedings when a (1) IN GENERAL.—A Committee member subpoena under paragraph (a)(2) in the con- record vote is ordered on the question of ap- may question a witness at a hearing— duct of any investigation or activity or se- proving a measure or matter or on adopting (A) only when recognized by the Chairman ries of investigations or activities, and such an amendment; and for that purpose; and subpoena shall for all purposes be deemed a (B) resume proceedings on a postponed (B) subject to subparagraphs (2) and (3), subpoena issued by the Committee. As soon question at any time after reasonable notice. only for 5 minutes until such time as each as practicable after a subpoena is issued (2) RESUMPTION OF PROCEEDINGS.—When member of the Committee or subcommittee under this rule, the Chairman shall notify all proceedings resume on a postponed question, who so desires has had an opportunity to members of the Committee of such action. notwithstanding any intervening order for question the witness. the previous question, an underlying propo- (2) ENFORCEMENT.—Compliance with any A member shall be limited in his or her re- subpoena issued by the Committee or sub- sition shall remain subject to further debate marks to the subject matter under consider- committee under paragraph (a)(2) may be en- or amendment to the same extent as when ation. The Chairman shall enforce this para- forced only as authorized or directed by the the question was postponed. graph. House. RULE VI. HEARING PROCEDURES. (2) EXTENDED QUESTIONING OF WITNESSES BY (e) EXPENSES OF SUBPOENAED WITNESSES.— (a) ANNOUNCEMENT OF HEARING.—The MEMBERS.—The Chairman of the Committee Each witness who has been subpoenaed, upon Chairman, in the case of a hearing to be con- or a subcommittee, with the concurrence of the completion of his or her testimony be- ducted by the Committee, and the appro- the ranking minority member, or the Com- fore the Committee or any subcommittee, priate subcommittee chairman, in the case mittee or subcommittee by motion, may per- may report to the offices of the Committee, of a hearing to be conducted by a submit a specified number of its members to and there sign appropriate vouchers for trav- committee, shall make public announcement question a witness for longer than 5 minutes. el allowances and attendance fees. If hear- of the date, place, and subject matter of such The time for extended questioning of a wit- ings are held in cities other than Wash- hearing at least one week before the hearing. ness under this subdivision shall be equal for ington, D.C., the witness may contact the If the Chairman or the appropriate sub- the majority party and minority party and counsel of the Committee, or his or her rep- committee chairman, as the case may be, may not exceed one hour in the aggregate. resentative, before leaving the hearing room. with the concurrence of the ranking minor- (3) EXTENDED QUESTIONING OF WITNESSES BY RULE V. QUORUMS AND RECORD VOTES; POST- ity member of the Committee or sub- STAFF.—The Chairman of the Committee or a PONEMENT OF VOTES committee as appropriate, determines there subcommittee, with the concurrence of the (a) WORKING QUORUM.—One-third of the is good cause to begin the hearing sooner, or ranking minority member, or the Committee members of the Committee or a sub- if the Committee or subcommittee so deter- or subcommittee by motion, may permit committee shall constitute a quorum for mines by majority vote, a quorum being committee staff for its majority and minor- taking any action other than the closing of present for the transaction of business, the ity party members to question a witness for a meeting pursuant to clauses 2(g) and 2(k)(5) Chairman shall make the announcement at equal specified periods. The time for ex- of Rule XI of the Rules of the House, the au- the earliest possible date. The clerk of the tended questioning of a witness under this

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00114 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE February 15, 2007 CONGRESSIONAL RECORD — HOUSE H1785 subdivision shall be equal for the majority taken by the Committee, and any rec- dates for hearings and meetings of their re- party and minority party and may not ex- ommendations made or actions taken there- spective subcommittees after consultation ceed one hour in the aggregate. on. with the Chairman and other subcommittee (4) RIGHT TO QUESTION WITNESSES FOL- (f) OTHER COMMITTEE MATERIALS.— chairmen with a view toward avoiding simul- LOWING EXTENDED QUESTIONING.—Nothing in (1) IN GENERAL.—All Committee and sub- taneous scheduling of full Committee and subparagraph (2) or (3) affects the right of a committee prints, reports, documents, or subcommittee meetings or hearings when- Member (other than a Member designated other materials, not otherwise provided for ever possible. under subparagraph (2)) to question a wit- under this rule, that purport to express pub- (b) CONSIDERATION BY COMMITTEE.—Each ness for 5 minutes in accordance with sub- licly the views of the Committee or any of bill, resolution, or other matter favorably re- paragraph (1)(B) after the questioning per- its subcommittees or members of the Com- ported by a subcommittee shall automati- mitted under subparagraph (2) or (3). mittee or its subcommittees shall be ap- cally be placed upon the agenda of the Com- (g) ADDITIONAL HEARING PROCEDURES.— proved by the Committee or the sub- mittee. Any such matter reported by a sub- Clause 2(k) of Rule XI of the Rules of the committee prior to printing and distribution committee shall not be considered by the House (relating to additional rules for hear- and any member shall be given an oppor- Committee unless it has been delivered to ings) applies to hearings of the Committee tunity to have views included as part of such the offices of all members of the Committee and its subcommittees. material prior to printing, release, and dis- at least 48 hours before the meeting, unless RULE VII. PROCEDURES FOR REPORTING BILLS, tribution in accordance with paragraph (d) of the Chairman determines that the matter is RESOLUTIONS, AND REPORTS. this rule. of such urgency that it should be given early (a) FILING OF REPORTS.— (2) DOCUMENTS CONTAINING VIEWS OTHER consideration. Where practicable, such mat- (1) IN GENERAL.—The Chairman of the Com- THAN MEMBER VIEWS.—A Committee or sub- ters shall be accompanied by a comparison mittee shall report promptly to the House committee document containing views other with present law and a section-by-section any measure or matter approved by the Com- than those of members of the Committee or analysis. mittee and take necessary steps to bring the subcommittee shall not be published without RULE X. REFERRAL OF LEGISLATION TO SUB- measure or matter to a vote. approval of the Committee or subcommittee. COMMITTEES. (2) REQUESTS FOR REPORTING.—The report (3) DISCLAIMER.—All Committee or sub- (a) GENERAL REQUIREMENT.—Except where of the Committee on a measure or matter committee reports printed pursuant to legis- the Chairman of the Committee determines, which has been approved by the Committee lative study or investigation and not ap- in consultation with the majority members shall be filed within 7 calendar days (exclu- proved by a majority vote of the Committee of the Committee, that consideration is to be sive of days on which the House is not in ses- or subcommittee, as appropriate, shall con- by the full Committee, each bill, resolution, sion) after the day on which there has been tain the following disclaimer on the cover of investigation, or other matter which relates filed with the clerk of the Committee a writ- such report: ‘‘This report has not been offi- to a subject listed under the jurisdiction of ten request, signed by a majority of the cially adopted by the Committee on (or per- any subcommittee established in Committee members of the Committee, for the reporting tinent subcommittee thereof) and may not Rule VIII referred to or initiated by the full of that measure or matter. Upon the filing of therefore necessarily reflect the views of its Committee shall be referred by the Chair- any such request, the clerk of the Committee members.’’. man to all subcommittees of appropriate ju- shall transmit immediately to the Chairman (4) COMPILATIONS OF LAWS.—To the max- risdiction within two weeks. All bills shall of the Committee notice of the filing of that imum extent practicable, the Committee be referred to the subcommittee of proper ju- request. shall publish a compilation of laws under the risdiction without regard to whether the au- (b) QUORUM; RECORD VOTES.— jurisdiction of each subcommittee. thor is or is not a member of the sub- (1) QUORUM.—No measure, matter, or rec- (g) AVAILABILITY OF PUBLICATIONS.—Pursu- committee. ommendation shall be reported from the ant to clause 2(e)(4) of Rule XI of the Rules (b) RECALL FROM SUBCOMMITTEE.—A bill, Committee unless a majority of the Com- of the House, the Committee shall make its resolution, or other matter referred to a sub- mittee was actually present. publications available in electronic form to committee in accordance with this rule may (2) RECORD VOTES.—With respect to each the maximum extent feasible. be recalled therefrom at any time by a vote record vote on a motion to report any meas- RULE VIII. ESTABLISHMENT OF SUBCOMMIT- of a majority of the members of the Com- ure or matter of a public character, and on TEES; SIZE AND PARTY RATIOS. mittee voting, a quorum being present, for any amendment offered to the measure or (a) ESTABLISHMENT.—There shall be 6 the Committee’s direct consideration or for matter, the total number of votes cast for standing subcommittees. These subcommit- reference to another subcommittee. and against, and the names of those mem- tees, with the following sizes (including dele- (c) MULTIPLE REFERRALS.—In carrying out bers voting for and against, shall be included gates) and majority/minority ratios, are: this rule with respect to any matter, the in the Committee report on the measure or (1) Subcommittee on Aviation (48 Mem- Chairman may refer the matter simulta- matter. bers: 26 Majority and 22 Minority). neously to two or more subcommittees for (c) REQUIRED MATTERS.—The report of the (2) Subcommittee on Coast Guard and Mar- concurrent consideration or for consider- Committee on a measure or matter which ation in sequence (subject to appropriate has been approved by the Committee shall itime Transportation (16 Members: 9 Major- ity and 7 Minority). time limitations in the case of any sub- include the items required to be included by committee after the first), or divide the mat- clauses 2(c) and 3 of Rule XIII of the Rules of (3) Subcommittee on Economic Develop- ment, Public Buildings, and Emergency ter into two or more parts (reflecting dif- the House. ferent subjects and jurisdictions) and refer (d) ADDITIONAL VIEWS.—If, at the time of Management (14 Members: 8 Majority and 6 each such part to a different subcommittee, approval of any measure or matter by the Minority). or make such other provisions as he or she Committee, any member of the Committee (4) Subcommittee on Highways and Transit considers appropriate. gives notice of intention to file supple- (53 Members: 29 Majority and 24 Minority). mental, minority, or additional views, that (5) Subcommittee on Railroads, Pipelines, RULE XI. RECOMMENDATION OF CONFEREES. member shall be entitled to not less than and Hazardous Materials (31 Members: 17 Ma- The Chairman of the Committee shall rec- two additional calendar days after the day of jority and 14 Minority). ommend to the Speaker as conferees the such notice (excluding Saturdays, Sundays, (6) Subcommittee on Water Resources and names of those members (1) of the majority and legal holidays) in which to file such Environment (40 Members: 22 Majority and party selected by the Chairman, and (2) of views in accordance with clause 2(1) of Rule 18 Minority). the minority party selected by the ranking XI of the Rules of the House. (b) EX OFFICIO MEMBERS.—The Chairman minority member of the Committee. Rec- (e) ACTIVITIES REPORT.— and ranking minority member of the Com- ommendations of conferees to the Speaker (1) IN GENERAL.—The Committee shall sub- mittee shall serve as ex officio voting mem- shall provide a ratio of majority party mem- mit to the House, not later than January 2 of bers on each subcommittee. bers to minority party members which shall each odd-numbered year, a report on the ac- (c) RATIOS.—On each subcommittee there be no less favorable to the majority party tivities of the Committee under Rules X and shall be a ratio of majority party members than the ratio for the Committee. XI of the Rules of the House during the Con- to minority party members which shall be no RULE XII. OVERSIGHT. gress ending on January 3 of such year. less favorable to the majority party than the (a) PURPOSE.—The Committee shall carry (2) CONTENTS.—Such report shall include ratio for the full Committee. In calculating out oversight responsibilities as provided in separate sections summarizing the legisla- the ratio of majority party members to mi- this rule in order to assist the House in— tive and oversight activities of the Com- nority party members, there shall be in- (1) its analysis, appraisal, and evaluation mittee during that Congress. cluded the ex officio members of the sub- of— (3) OVERSIGHT SECTION.—The oversight sec- committees. (A) the application, administration, execution of such report shall include a summary RULE IX. POWERS AND DUTIES OF SUBCOMMIT- tion, and effectiveness of the laws enacted by of the oversight plans submitted by the Com- TEES. the Congress; or mittee pursuant to clause 2(d) of Rule X of (a) AUTHORITY TO SIT.—Each subcommittee (B) conditions and circumstances which the Rules of the House, a summary of the ac- is authorized to meet, hold hearings, receive may indicate the necessity or desirability of tions taken and recommendations made with evidence, and report to the full Committee enacting new or additional legislation; and respect to each such plan, and a summary of on all matters referred to it or under its ju- (2) its formulation, consideration, and en- any additional oversight activities under- risdiction. Subcommittee chairmen shall set actment of such modifications or changes in

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those laws, and of such additional legisla- (e) RECONCILIATION.—Whenever the Com- (d) MONTHLY REPORTS.—Once monthly, the tion, as may be necessary or appropriate. mittee is directed in a concurrent resolution Chairman shall submit to the Committee on (b) OVERSIGHT PLAN.—Not later than Feb- on the budget to determine and recommend House Administration, in writing, a full and ruary 15 of the first session of each Congress, changes in laws, bills, or resolutions under detailed accounting of all expenditures made the Committee shall adopt its oversight the reconciliation process, it shall promptly during the period since the last such ac- plans for that Congress in accordance with make such determination and recommenda- counting from the amount budgeted to the clause 2(d)(1) of Rule X of the Rules of the tions, and report a reconciliation bill or res- Committee. Such report shall show the House. olution (or both) to the House or submit such amount and purpose of such expenditure and (c) REVIEW OF LAWS AND PROGRAMS.—The recommendations to the Committee on the the budget to which such expenditure is at- Committee and the appropriate subcommit- Budget, in accordance with the Congres- tributed. A copy of such monthly report tees shall cooperatively review and study, on sional Budget Act of 1974. shall be available in the Committee office for a continuing basis, the application, adminis- review by members of the Committee. tration, execution, and effectiveness of those RULE XIV. RECORDS. laws, or parts of laws, the subject matter of (a) KEEPING OF RECORDS.—The Committee RULE XVI. COMMITTEE STAFF. which is within the jurisdiction of the Com- shall keep a complete record of all Com- (a) APPOINTMENT BY CHAIRMAN.—The Chair- mittee, and the organization and operation mittee action which shall include— man shall appoint and determine the remu- of the Federal agencies and entities having (1) in the case of any meeting or hearing neration of, and may remove, the employees responsibilities in or for the administration transcripts, a substantially verbatim ac- of the Committee not assigned to the minor- and execution thereof, in order to determine count of remarks actually made during the ity. The staff of the Committee not assigned whether such laws and the programs there- proceedings, subject only to technical, gram- to the minority shall be under the general under are being implemented and carried out matical, and typographical corrections au- supervision and direction of the Chairman, in accordance with the intent of the Con- thorized by the person making the remarks who shall establish and assign the duties and gress and whether such programs should be involved; and responsibilities of such staff members and continued, curtailed, or eliminated. In addi- (2) a record of the votes on any question on delegate such authority as he or she deter- tion, the Committee and the appropriate which a record vote is demanded. mines appropriate. subcommittees shall cooperatively review (b) PUBLIC INSPECTION.—The result of each (b) APPOINTMENT BY RANKING MINORITY and study any conditions or circumstances such record vote shall be made available by MEMBER.—The ranking minority member of which may indicate the necessity or desir- the Committee for inspection by the public the Committee shall appoint and determine ability of enacting new or additional legisla- at reasonable times in the offices of the the remuneration of, and may remove, the tion within the jurisdiction of the Com- Committee. Information so available for staff assigned to the minority within the mittee (whether or not any bill or resolution public inspection shall include a description budget approved for such purposes. The staff has been introduced with respect thereto), of the amendment, motion, order, or other assigned to the minority shall be under the and shall on a continuing basis undertake fu- proposition and the name of each member general supervision and direction of the ture research and forecasting on matters voting for and each member voting against ranking minority member of the Committee within the jurisdiction of the Committee. such amendment, motion, order, or propo- who may delegate such authority as he or (d) REVIEW OF TAX POLICIES.—The Com- sition, and the names of those members she determines appropriate. mittee and the appropriate subcommittees present but not voting. (c) INTENTION REGARDING STAFF.—It is in- shall cooperatively review and study on a (c) PROPERTY OF THE HOUSE.—All Com- tended that the skills and experience of all continuing basis the impact or probable im- mittee hearings, records, data, charts, and members of the Committee staff shall be pact of tax policies affecting subjects within files shall be kept separate and distinct from available to all members of the Committee. the jurisdiction of the Committee. the congressional office records of the mem- RULE XVII. TRAVEL OF MEMBERS AND STAFF. RULE XIII. REVIEW OF CONTINUING PROGRAMS; ber serving as Chairman of the Committee; (a) APPROVAL.—Consistent with the pri- BUDGET ACT PROVISIONS. and such records shall be the property of the mary expense resolution and such additional (a) ENSURING ANNUAL APPROPRIATIONS.— House and all members of the House shall expense resolutions as may have been ap- The Committee shall, in its consideration of have access thereto. proved, the provisions of this rule shall gov- all bills and joint resolutions of a public (d) AVAILABILITY OF ARCHIVED RECORDS.— ern travel of Committee members and staff. character within its jurisdiction, ensure that The records of the Committee at the Na- Travel to be reimbursed from funds set aside appropriations for continuing programs and tional Archives and Records Administration for the Committee for any member or any activities of the Federal Government and the shall be made available for public use in ac- staff member shall be paid only upon the District of Columbia government will be cordance with Rule VII of the Rules of the prior authorization of the Chairman. Travel made annually to the maximum extent fea- House. The Chairman shall notify the rank- shall be authorized by the Chairman for any sible and consistent with the nature, require- ing minority member of the Committee of member and any staff member in connection ments, and objectives of the programs and any decision, pursuant to clause 3(b)(3) or with the attendance of hearings conducted activities involved. clause 4(b) of such rule, to withhold a record by the Committee or any subcommittee and (b) REVIEW OF MULTI-YEAR APPROPRIA- otherwise available, and the matter shall be meetings, conferences, and investigations TIONS.—The Committee shall review, from presented to the Committee for a determina- time to time, each continuing program with- which involve activities or subject matter tion on written request of any member of the in its jurisdiction for which appropriations under the general jurisdiction of the Com- Committee. are not made annually in order to ascertain mittee. Before such authorization is given (e) AUTHORITY TO PRINT.—The Committee whether such program could be modified so there shall be submitted to the Chairman in is authorized to have printed and bound tes- that appropriations therefore would be made writing the following: timony and other data presented at hearings annually. (1) The purpose of the travel. held by the Committee. All costs of steno- (c) VIEWS AND ESTIMATES.—In accordance (2) The dates during which the travel is to with clause 4(f)(1) of Rule X of the Rules of graphic services and transcripts in connec- be made and the date or dates of the event the House, the Committee shall submit to tion with any meeting or hearing of the for which the travel is being made. the Committee on the Budget— Committee shall be paid as provided in (3) The location of the event for which the (1) its views and estimates with respect to clause 1(c) of Rule XI of the House. travel is to be made. all matters to be set forth in the concurrent RULE XV. COMMITTEE BUDGETS. (4) The names of members and staff seek- resolution on the budget for the ensuing fis- (a) BIENNIAL BUDGET.—The Chairman, in ing authorization. cal year which are within its jurisdiction or consultation with the chairman of each sub- (b) SUBCOMMITTEE TRAVEL.—In the case of functions; and committee, the majority members of the travel of members and staff of a sub- (2) an estimate of the total amount of new Committee, and the minority members of committee to hearings, meetings, con- budget authority, and budget outlays result- the Committee, shall, for each Congress, preferences, and investigations involving activi- ing therefrom, to be provided or authorized pare a consolidated Committee budget. Such ties or subject matter under the legislative in all bills and resolutions within its juris- budget shall include necessary amounts for assignment of such subcommittee, prior au- diction which it intends to be effective dur- staff personnel, necessary travel, investiga- thorization must be obtained from the sub- ing that fiscal year. tion, and other expenses of the Committee. committee chairman and the Chairman. (d) BUDGET ALLOCATIONS.—As soon as prac- (b) ADDITIONAL EXPENSES.—Authorization Such prior authorization shall be given by ticable after a concurrent resolution on the for the payment of additional or unforeseen the Chairman only upon the representation budget for any fiscal year is agreed to, the Committee expenses may be procured by one by the chairman of such subcommittee in Committee (after consulting with the appro- or more additional expense resolutions proc- writing setting forth those items enumer- priate committee or committees of the Sen- essed in the same manner as set out herein. ated in subparagraphs (1), (2), (3), and (4) of ate) shall subdivide any allocations made to (c) TRAVEL REQUESTS.—The Chairman or paragraph (a) and that there has been a com- it in the joint explanatory statement accom- any chairman of a subcommittee may ini- pliance where applicable with Committee panying the conference report on such reso- tiate necessary travel requests as provided in Rule VI. lution, and promptly report such subdivi- Committee Rule XVII within the limits of (c) TRAVEL OUTSIDE THE UNITED STATES.— sions to the House, in the manner provided the consolidated budget as approved by the (1) IN GENERAL.—In the case of travel out- by section 302 of the Congressional Budget House and the Chairman may execute nec- side the United States of members and staff Act of 1974. essary vouchers thereof. of the Committee or of a subcommittee for

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the purpose of conducting hearings, inves- 607. A letter from the Director, Regula- NUNES, Mr. PLATTS, Mr. PETRI, Mr. tigations, studies, or attending meetings and tions Policy and Mgmt. Staff, Department of POE, Mr. PORTER, Mr. PRICE of Geor- conferences involving activities or subject Health and Human Services, transmitting gia, Ms. PRYCE of Ohio, Mr. REHBERG, matter under the legislative assignment of the Department’s final rule — Food Label- Mr. REICHERT, Mr. ROGERS of Ken- the Committee or pertinent subcommittee, ing: Nutrition Labeling of Dietary Supple- tucky, Mr. ROSKAM, Mr. SALI, Mr. prior authorization must be obtained from ments on a ‘‘Per Day’’Basis [Docket No. SAXTON, Mrs. SCHMIDT, Mr. SENSEN- the Chairman, or, in the case of a sub- 1998P-0043] received December 29, 2006, pursu- BRENNER, Mr. SESSIONS, Mr. SHAYS, committee from the subcommittee chairman ant to 5 U.S.C. 801(a)(1)(A); to the Committee Mr. SHUSTER, Mr. SMITH of Nebraska, and the Chairman. Before such authorization on Energy and Commerce. Mr. SMITH of Texas, Mr. STEARNS, Mr. is given there shall be submitted to the 608. A letter from the Chief, Publications TANCREDO, Mr. TIAHRT, Mr. TERRY, Chairman, in writing, a request for such au- and Regulations Branch, Internal Revenue Mr. TIBERI, Mr. THORNBERRY, Mr. thorization. Each request, which shall be Service, transmitting the Service’s final rule WALBERG, Mr. WAMP, and Mr. WILSON filed in a manner that allows for a reason- — Changes in accounting periods and in of South Carolina): able period of time for review before such methods of accounting (Rev. Proc. 2007-14) H.R. 1062. A bill to require the President to travel is scheduled to begin, shall include the received December 22, 2006, pursuant to 5 report to Congress on the extent to which following: U.S.C. 801(a)(1)(A); to the Committee on the Government of Iraq is fully cooperating (A) The purpose of the travel. Ways and Means. with United States stability efforts in Iraq (B) The dates during which the travel will 609. A letter from the Chief, Publications and is making demonstrable progress toward occur. and Regulations Branch, Internal Revenue achieving stability and security for the peo- (C) The names of the countries to be vis- Service, transmitting the Service’s final rule ple of Iraq and denying terrorists a sanc- ited and the length of time to be spent in — Notice on Temporary Section 482 Regula- tuary in Iraq, and for other purposes; to the each. tions [Notice 2007-5] received January 3, 2007, Committee on Foreign Affairs, and in addi- (D) An agenda of anticipated activities for pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- tion to the Committee on Rules, for a period each country for which travel is authorized mittee on Ways and Means. to be subsequently determined by the Speak- together with a description of the purpose to 610. A letter from the Chief, Publications er, in each case for consideration of such pro- be served and the areas of Committee juris- and Regulations Branch, Internal Revenue visions as fall within the jurisdiction of the diction involved. Service, transmitting the Service’s final rule committee concerned. (E) The names of members and staff for — TD 9281 Effective Date [Notice 2007-1] re- By Ms. ROS-LEHTINEN (for herself, whom authorization is sought. ceived January 3, 2007, pursuant to 5 U.S.C. Mr. SMITH of New Jersey, Mr. PUT- (2) INITIATION OF REQUESTS.—Requests for 801(a)(1)(A); to the Committee on Ways and NAM, Mr. SMITH of Nebraska, Mr. travel outside the United States may be ini- Means. MOLLOHAN, Mr. CRENSHAW, Mrs. tiated by the Chairman or the chairman of a 611. A letter from the Chief, Publications CUBIN, Mr. STUPAK, Mr. SALI, Mr. subcommittee (except that individuals may and Regulations Branch, Internal Revenue SHUSTER, Mr. GOODLATTE, Mrs submit a request to the Chairman for the Service, transmitting the Service’s final rule MCMORRIS RODGERS, Mr. BOUSTANY, purpose of attending a conference or meet- — Taxation of Fringe Benefits (Rev. Proc. Mr. BURTON of Indiana, Mr. DANIEL E. ing) and shall be limited to members and 2007-11) received January 3, 2007, pursuant to LUNGREN of California, Mr. LIPINSKI, permanent employees of the Committee. 5 U.S.C. 801(a)(1)(A); to the Committee on Mr. WELDON of Florida, Mr. DAVID (3) REPORTS BY STAFF MEMBERS.—At the Ways and Means. DAVIS of Tennessee, Mr. MANZULLO, conclusion of any hearing, investigation, f Mr. LAMBORN, Mr. HUNTER, Mr. CAN- study, meeting, or conference for which trav- TOR, Mr. WOLF, Mr. DAVIS of Ken- el has been authorized pursuant to this rule, REPORTS OF COMMITTEES ON tucky, Mr. RADANOVICH, Mr. BARRETT each staff member involved in such travel PUBLIC BILLS AND RESOLUTIONS of South Carolina, Mr. ROGERS of shall submit a written report to the Chair- Under clause 2 of rule XIII, reports of Kentucky, Mr. FORBES, Mr. KING- man covering the activities and other perti- STON, Mr. OBERSTAR, Mrs. SCHMIDT, nent observations or information gained as a committees were delivered to the Clerk Mr. HENSARLING, Mr. MILLER of Flor- result of such travel. for printing and reference to the proper ida, Mr. FORTENBERRY, Mr. JORDAN, (d) APPLICABILITY OF LAWS, RULES, POLI- calendar, as follows: Mr. DONNELLY, Mr. PITTS, Mr. WIL- CIES.—Members and staff of the Committee Mr. RANGEL: Committee on Ways and SON of South Carolina, Mr. BOOZMAN, performing authorized travel on official busi- Means. H.R. 976. A bill to amend the Internal Mr. CARTER, Mr. DOOLITTLE, Mr. ness shall be governed by applicable laws, Revenue Code of 1986 to provide tax relief for KLINE of Minnesota, Mr. KUHL of New resolutions, or regulations of the House and small businesses, and for other purposes; York, Mr. LINDER, Mr. MICA, Mr. of the Committee on House Administration with an amendment (Rept. 110–14). Referred SHADEGG, Mr. SHIMKUS, Mr. SUL- pertaining to such travel, and by the travel to the Committee of the Whole House on the LIVAN, Mrs. DRAKE, Mr. TERRY, Mr. policy of the Committee. State of the Union. LINCOLN DAVIS of Tennessee, Mr. LIN- f COLN DIAZ-BALART of Florida, Mr. f ˜ LEAVE OF ABSENCE FORTUNO, Mr. WESTMORELAND, Mrs. PUBLIC BILLS AND RESOLUTIONS MUSGRAVE, Mr. MARIO DIAZ-BALART By unanimous consent, leave of ab- of Florida, Mr. SOUDER, Mrs. sence was granted to: Under clause 2 of rule XII, public BLACKBURN, Mr. MCCAUL of Texas, Mr. BOUSTANY (at the request of Mr. bills and resolutions were introduced Mrs. BACHMANN, Mr. CONAWAY, Mr. BOEHNER) from noon today and for the and severally referred, as follows: FERGUSON, Mr. MCINTYRE, Mr. PENCE, balance of the week on account of at- By Mr. BOEHNER (for himself, Mr. Mr. ROGERS of Michigan, Mr. tending a family member’s funeral. BLUNT, Mr. PUTNAM, Mr. CANTOR, Mr. MCHENRY, Mr. TIBERI, Mr. RYAN of Mr. LOBIONDO (at the request of Mr. MCCOTTER, Mr. COLE of Oklahoma, Wisconsin, Mr. HOEKSTRA, Mr. KING BOEHNER) for today and the balance of Ms. GRANGER, Mr. CARTER, Mr. of New York, Mr. SESSIONS, Mr. the week on account of attending the DREIER, Ms. ROS-LEHTINEN, Mr. ROSKAM, Mr. GINGREY, Mr. HALL of Texas, Mr. NEUGEBAUER, Mr. LAHOOD, funeral of his father-in-law. HUNTER, Mr. HOEKSTRA, Mr. KING of New York, Mr. LEWIS of California, Mr. BAKER, Mr. RENZI, Mr. BISHOP of f Mr. ALEXANDER, Mr. BACHUS, Mrs. Utah, Mr. HAYES, Mr. WICKER, Mr. ADJOURNMENT BIGGERT, Mr. BONNER, Mr. BOUSTANY, LEWIS of Kentucky, Mr. BARTLETT of Mr. BURTON of Indiana, Mr. CALVERT, Maryland, Mr. BLUNT, Mr. SAM JOHN- Mrs. DAVIS of California. Mr. Speak- Mr. CHABOT, Mr. CULBERSON, Mr. SON of Texas, Mr. GARRETT of New er, I move that the House do now ad- DAVID DAVIS of Tennessee, Mr. DOO- Jersey, Mr. BUYER, Mr. CHABOT, Mr. journ. LITTLE, Mrs. DRAKE, Ms. FALLIN, Mr. KING of Iowa, Mr. PEARCE, Mr. The motion was agreed to; accord- FORTENBERRY, Mr. FORTUN˜ O, Ms. LATOURETTE, Mrs. MYRICK, Mr. POE, ingly (at 1 o’clock and 13 minutes FOXX, Mr. GALLEGLY, Mr. GILCHREST, Mr. TIM MURPHY of Pennsylvania, a.m.), under its previous order, the Mr. GOHMERT, Mr. HASTINGS of Wash- Mr. WALBERG, Mr. AKIN, Mr. PLATTS, House adjourned until today, Friday, ington, Mr. INGLIS of South Carolina, Mr. TIAHRT, Mr. FEENEY, Mr. February 16, 2007, at 8 a.m. Mr. KELLER, Mr. KLINE of Minnesota, TANCREDO, Mr. FRANKS of Arizona, Mr. KNOLLENBERG, Mr. KUHL of New Mr. BUCHANAN, Mr. EHLERS, Mr. f York, Mr. LAMBORN, Mr. LAHOOD, Mr. GOODE, Ms. FOXX, and Mr. HERGER): EXECUTIVE COMMUNICATIONS, LATOURETTE, Mr. MCCARTHY of Cali- H.R. 1063. A bill to amend title 18, United ETC. fornia, Mr. MCCAUL of Texas, Mr. States Code, to prohibit taking minors MCHUGH, Mr. MCKEON, Mr. MAN- across State lines in circumvention of laws Under clause 8 of rule XII, executive ZULLO, Mr. MARCHANT, Mrs. MILLER requiring the involvement of parents in abor- communications were taken from the of Michigan, Mr. TIM MURPHY of tion decisions; to the Committee on the Ju- Speaker’s table and referred as follows: Pennsylvania, Mr. NEUGEBAUER, Mr. diciary.

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By Mr. BACA (for himself, Mr. MOORE cation and Labor, for a period to be subse- mittees on Education and Labor, and Ways of Kansas, Ms. MCCOLLUM of Min- quently determined by the Speaker, in each and Means, for a period to be subsequently nesota, Mr. VAN HOLLEN, Mr. FARR, case for consideration of such provisions as determined by the Speaker, in each case for Mrs. MALONEY of New York, Mr. fall within the jurisdiction of the committee consideration of such provisions as fall with- FORTUN˜ O, Mr. MORAN of Virginia, Mr. concerned. in the jurisdiction of the committee con- MCDERMOTT, Mr. CONYERS, Mr. By Mr. BAIRD (for himself and Mrs. cerned. CLEAVER, Mr. DINGELL, Mr. NEAL of BIGGERT): By Ms. BORDALLO (for herself and Massachusetts, Mrs. MCCARTHY of H.R. 1068. A bill to amend the High-Per- Mrs. CHRISTENSEN): New York, Mr. ELLISON, Mr. BURTON formance Computing Act of 1991; to the Com- H.R. 1075. A bill to establish the United of Indiana, Mrs. JONES of Ohio, Mr. mittee on Science and Technology. States Territories Infrastructure Bond Bank, AL GREEN of Texas, Mr. NADLER, Mr. By Mr. BACA: and for other purposes; to the Committee on STARK, Mr. SCOTT of Georgia, Ms. H.R. 1069. A bill to provide Federal coordi- Natural Resources, and in addition to the HOOLEY, Mrs. BOYDA of Kansas, Mr. nation and assistance in preventing gang vi- Committee on Ways and Means, for a period MICHAUD, Mr. KLEIN of Florida, Mr. olence; to the Committee on the Judiciary, to be subsequently determined by the Speak- er, in each case for consideration of such pro- MCINTYRE, Mr. KILDEE, Mr. GEORGE and in addition to the Committees on Edu- visions as fall within the jurisdiction of the MILLER of California, Mr. SHAYS, Mr. cation and Labor, Energy and Commerce, committee concerned. GRIJALVA, Ms. ROYBAL-ALLARD, Mr. and Financial Services, for a period to be By Mr. BURGESS (for himself, Mr. TERRY, Mr. BOSWELL, Mr. GENE subsequently determined by the Speaker, in STUPAK, Mr. MCCOTTER, and Mr. GREEN of Texas, Mr. DENT, Mr. HIN- each case for consideration of such provi- KAGEN): CHEY, Mr. HINOJOSA, Mr. CHANDLER, sions as fall within the jurisdiction of the H.R. 1076. A bill to promote health care Mr. WEINER, Mr. SHIMKUS, Ms. committee concerned. By Mr. BACA: coverage parity for individuals participating WASSERMAN SCHULTZ, Mr. COOPER, in legal recreational activities or legal Mr. HONDA, Mr. HOLT, Mr. ORTIZ, Mr. H.R. 1070. A bill to allow postal patrons to contribute to funding for gang prevention transportation activities; to the Committee YOUNG of Alaska, Mr. HALL of Texas, on Energy and Commerce, and in addition to Mrs. SCHMIDT, Mr. BERMAN, Mr. PRICE programs through the voluntary purchase of certain specially issued postage stamps; to the Committees on Ways and Means, and of North Carolina, Mr. DELAHUNT, Education and Labor, for a period to be sub- Ms. KAPTUR, Ms. KILPATRICK, Mr. the Committee on Oversight and Govern- ment Reform, and in addition to the Com- sequently determined by the Speaker, in PATRICK MURPHY of Pennsylvania, each case for consideration of such provi- Ms. HIRONO, Mr. ENGEL, Mr. ABER- mittee on the Judiciary, for a period to be subsequently determined by the Speaker, in sions as fall within the jurisdiction of the CROMBIE, Ms. BERKLEY, Mr. SHERMAN, committee concerned. Mr. KING of New York, and Mr. each case for consideration of such provisions as fall within the jurisdiction of the By Mr. CAMPBELL of California (for DOGGETT): himself, Mr. DANIEL E. LUNGREN of H.R. 1064. A bill to amend title 39, United committee concerned. By Mrs. MALONEY of New York (for California, Mr. CANTOR, Mr. FEENEY, States Code, to extend for 2 years the provi- Mr. GOODE, Mr. GOHMERT, Mr. PRICE sions under which the special postage stamp herself, Mr. KING of New York, Mr. of Georgia, Mr. DOOLITTLE, Mr. for breast cancer research is issued; to the NADLER, Mr. SERRANO, Mr. ISRAEL, LAMBORN, Mr. SALI, Mr. GOODLATTE, Committee on Oversight and Government Mr. ENGEL, Mr. BERMAN, Ms. Ms. ZOE LOFGREN of California, Mr. Reform, and in addition to the Committees SCHAKOWSKY, Mr. HARE, and Mr. RAN- MILLER of Florida, Mr. MACK, Mr. on Energy and Commerce, and Armed Serv- GEL): GARRETT of New Jersey, Mr. GARY G. ices, for a period to be subsequently deter- H.R. 1071. A bill to provide the non- MILLER of California, Mr. SESSIONS, mined by the Speaker, in each case for con- immigrant spouses and children of non- Mr. MCCARTHY of California, Mr. sideration of such provisions as fall within immigrant aliens who perished in the Sep- ROHRABACHER, Mrs. BLACKBURN, Mr. the jurisdiction of the committee concerned. tember 11 terrorist attacks an opportunity FOSSELLA, Mr. DREIER, Mr. PENCE, By Mr. MOORE of Kansas (for himself, to adjust their status to that of an alien law- Mr. KLINE of Minnesota, Mr. WILSON Ms. GINNY BROWN-WAITE of Florida, fully admitted for permanent residence, and of South Carolina, and Mr. BARRETT Mr. KANJORSKI, Mrs. MALONEY of New for other purposes; to the Committee on the of South Carolina): York, Mr. SCOTT of Georgia, Mr. Judiciary. By Mrs. MALONEY of New York (for H.R. 1077. A bill to amend the Internet Tax KLEIN of Florida, Ms. BEAN, Mrs. Freedom Act to make permanent the mora- herself, Ms. PRYCE of Ohio, Mr. VAN MCCARTHY of New York, Ms. MOORE torium on certain taxes relating to the HOLLEN, Mrs. CAPPS, Ms. DELAURO, of Wisconsin, Mr. CLEAVER, Ms. Internet and to electronic commerce; to the Ms. NORTON, Mr. CROWLEY, Mrs. WASSERMAN SCHULTZ, Mr. CROWLEY, Committee on the Judiciary. LOWEY, Mr. MARSHALL, Ms. SLAUGH- Mr. ISRAEL, Mr. CLAY, Mr. MURPHY of By Mrs. CAPPS (for herself and Mr. Connecticut, Mr. DELAHUNT, Mr. TER, Ms. SUTTON, and Mr. FATTAH): H.R. 1072. A bill to improve the health of TOM DAVIS of Virginia): WEXLER, Mr. MILLER of North Caro- H.R. 1078. A bill to amend title XVIII of the women through the establishment of Offices lina, Mr. DONNELLY, Mr. SHERMAN, Social Security Act to provide for coverage Mr. BACHUS, Mr. BAKER, Mr. KING of of Women’s Health within the Department of of comprehensive cancer care planning under New York, Mr. MARIO DIAZ-BALART of Health and Human Services; to the Com- the Medicare Program and to improve the Florida, Mrs. BIGGERT, Mr. GARRETT mittee on Energy and Commerce. care furnished to individuals diagnosed with of New Jersey, Mr. FEENEY, Mr. BILI- By Mr. FILNER (for himself and Mr. cancer by establishing a Medicare hospice RAKIS, Mr. PUTNAM, Mr. BUCHANAN, MCHUGH): care demonstration program and grants pro- H.R. 1073. A bill to amend the definition of Mr. CAMPBELL of California, Mr. grams for cancer palliative care and symp- a law enforcement officer under subchapter MANZULLO, Mr. SHAYS, Mr. GILLMOR, tom management programs, provider edu- III of chapter 83 and chapter 84 of title 5, Mr. MCHENRY, Mrs. CAPITO, Mr. GARY cation, and related research; to the Com- United States Code, respectively, to ensure G. MILLER of California, Mr. PEARCE, mittee on Energy and Commerce, and in ad- the inclusion of certain positions; to the Mr. FOSSELLA, Mr. LUCAS, Mr. dition to the Committee on Ways and Means, Committee on Oversight and Government NEUGEBAUER, Ms. CASTOR, Mr. CAS- for a period to be subsequently determined Reform. TLE, Mr. RENZI, and Mr. HOLDEN): by the Speaker, in each case for consider- H.R. 1065. A bill to streamline the regula- By Mr. RYAN of Ohio (for himself, Ms. ation of such provisions as fall within the ju- tion of nonadmitted insurance and reinsur- DELAURO, Mr. LANGEVIN, Ms. risdiction of the committee concerned. ance, and for other purposes; to the Com- HERSETH, Mr. EMANUEL, Ms. ESHOO, By Mr. CARNAHAN (for himself, Mr. mittee on Financial Services, and in addi- Ms. KAPTUR, Mr. KILDEE, Ms. MCCOL- SKELTON, Mr. HOEKSTRA, Mr. tion to the Committee on the Judiciary, for LUM of Minnesota, Mr. PRICE of North LATOURETTE, Mr. MCCOTTER, and Mr. a period to be subsequently determined by Carolina, Mr. DOYLE, Mrs. MALONEY GRAVES): the Speaker, in each case for consideration of New York, Mr. KENNEDY, Mr. H.R. 1079. A bill to amend title 49, United of such provisions as fall within the jurisdic- GEORGE MILLER of California, Mr. States Code, to limit fees imposed in connection of the committee concerned. KUCINICH, Mr. MORAN of Virginia, Mr. tion with background checks for the By Mr. FRANK of Massachusetts (for CROWLEY, Mr. SMITH of Washington, issuance of licenses to operate a motor vehi- himself and Mr. BACHUS): Mr. COURTNEY, Mr. MCGOVERN, Ms. cle transporting a hazardous material, and H.R. 1066. A bill to increase community de- WASSERMAN SCHULTZ, Mr. LARSON of for other purposes; to the Committee on velopment investments by depository insti- Connecticut, Mr. PATRICK MURPHY of Homeland Security, and in addition to the tutions, and for other purposes; to the Com- Pennsylvania, Mr. OBEY, Mr. Committee on Transportation and Infra- mittee on Financial Services. DEFAZIO, and Mr. BLUMENAUER): structure, for a period to be subsequently de- By Mr. BAIRD: H.R. 1074. A bill to provide for programs termined by the Speaker, in each case for H.R. 1067. A bill to establish a Federal co- that reduce the number of unplanned preg- consideration of such provisions as fall with- ordination and planning process for advanced nancies, reduce the need for abortion, help in the jurisdiction of the committee con- research instrumentation and facilities; to women bear healthy children, and support cerned. the Committee on Science and Technology, new parents; to the Committee on Energy By Mrs. CUBIN (for herself and Mr. and in addition to the Committee on Edu- and Commerce, and in addition to the Com- UDALL of Colorado):

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00118 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE February 15, 2007 CONGRESSIONAL RECORD — HOUSE H1789 H.R. 1080. A bill to modify the boundaries placed a child for adoption; to the Com- H.R. 1095. A bill to prohibit any Federal of- of Grand Teton National Park to include cer- mittee on Education and Labor. ficial from expending any Federal funds for tain land within the GT Park Subdivision, By Mr. LANGEVIN (for himself, Mr. any population control or population plan- and for other purposes; to the Committee on MCCAUL of Texas, Mr. THOMPSON of ning program or any family planning activ- Natural Resources. Mississippi, Mr. KING of New York, ity; to the Committee on Foreign Affairs, By Mr. DEFAZIO (for himself, Mr. TAY- Mr. DICKS, Mr. SHAYS, Ms. ZOE and in addition to the Committee on Energy LOR, Mr. JINDAL, Mr. MELANCON, Mr. LOFGREN of California, Mr. TOM and Commerce, for a period to be subse- ALEXANDER, and Mr. JONES of North DAVIS of Virginia, Ms. JACKSON-LEE quently determined by the Speaker, in each Carolina): of Texas, Mr. DENT, Mrs. case for consideration of such provisions as H.R. 1081. A bill to further competition in CHRISTENSEN, Mr. DAVID DAVIS of fall within the jurisdiction of the committee the insurance industry; to the Committee on Tennessee, and Mr. LINDER): concerned. the Judiciary, and in addition to the Com- H.R. 1089. A bill to amend the Public By Mr. PAUL: mittees on Energy and Commerce, and Fi- Health Service Act to require the Secretary H.R. 1096. A bill to restore the second nancial Services, for a period to be subse- of Homeland Security to improve and expe- amendment rights of all Americans; to the quently determined by the Speaker, in each dite the assessment and determination of Committee on the Judiciary, and in addition case for consideration of such provisions as current and emerging chemical, biological, to the Committee on Ways and Means, for a fall within the jurisdiction of the committee radiological and nuclear material threats, to period to be subsequently determined by the concerned. group such agents to facilitate the assess- Speaker, in each case for consideration of By Ms. DELAURO (for herself, Ms. ROS- ment and acquisition of countermeasures such provisions as fall within the jurisdic- LEHTINEN, Mr. KENNEDY, Mr. JOHNSON that would address more than one of such tion of the committee concerned. of Georgia, Ms. LEE, Ms. JACKSON- agents or adverse health consequences com- By Mr. ROTHMAN (for himself, Mr. mon to exposure to different agents, and for LEE of Texas, and Mr. MOORE of Kan- HIGGINS, Mr. PATRICK MURPHY of other purposes; to the Committee on Home- sas): Pennsylvania, and Mr. BACA): land Security, and in addition to the Com- H.R. 1082. A bill to amend the Juvenile Jus- H.R. 1097. A bill to improve the grant pro- mittee on Energy and Commerce, for a pe- tice and Delinquency Prevention Act of 1974 gram for secure schools under the Omnibus to improve the health and well-being of mal- riod to be subsequently determined by the Speaker, in each case for consideration of Crime Control and Safe Streets Act of 1968; treated infants and toddlers through the cre- to the Committee on the Judiciary. ation of a National Court Teams Resource such provisions as fall within the jurisdiction of the committee concerned. By Mr. SALAZAR (for himself and Mr. Center, to assist local Court Teams, and for KUHL of New York): other purposes; to the Committee on Edu- By Mr. LEWIS of Kentucky: H.R. 1090. A bill to amend the Social Secu- H.R. 1098. A bill to amend the National cation and Labor. rity Act and the Internal Revenue Code of Dam Safety Program Act to establish a pro- By Mr. ENGLISH of Pennsylvania (for 1986 to preserve and strengthen the Social gram to provide grant assistance to States himself, Mr. ALTMIRE, Mr. DOYLE, Security Program through the creation of for the rehabilitation and repair of deficient Mr. PITTS, Mr. TIM MURPHY of Penn- personal Social Security guarantee accounts dams; to the Committee on Transportation sylvania, Ms. SCHWARTZ, Mr. HOLDEN, ensuring full benefits for all workers and and Infrastructure. Mr. FATTAH, Mr. PETERSON of Penn- their families, restoring long-term Social Se- By Ms. SCHWARTZ (for herself, Mr. sylvania, Mr. CARNEY, Mr. KAN- curity solvency, to make certain benefit im- MURTHA, and Ms. BORDALLO): JORSKI, Mr. GERLACH, Mr. PLATTS, provements, and for other purposes; to the H.R. 1099. A bill to amend the Robert T. Mr. SHUSTER, Mr. SESTAK, Mr. BRADY Committee on Ways and Means, and in addi- Stafford Disaster Relief and Emergency As- of Pennsylvania, Mr. DENT, Mr. MUR- tion to the Committees on the Budget, and sistance Act to protect disaster assistance THA, and Mr. PATRICK MURPHY of Rules, for a period to be subsequently deter- employee reservists when activated by the Pennsylvania): mined by the Speaker, in each case for con- Federal Emergency Management Agency for H.R. 1083. A bill to amend the Act estab- sideration of such provisions as fall within work at a specific disaster site from termi- lishing the Rivers of Steel National Heritage the jurisdiction of the committee concerned. nation or demotion in their places of em- Area in order to include Butler County, By Mr. MACK (for himself, Mr. BU- ployment; to the Committee on Transpor- Pennsylvania, within the boundaries of that CHANAN, and Ms. CASTOR): tation and Infrastructure. heritage area; to the Committee on Natural H.R. 1091. A bill to reauthorize the Harmful By Mr. SHULER (for himself, Ms. Resources. Algal Bloom and Hypoxia Research and Con- JACKSON-LEE of Texas, Ms. KIL- By Mr. FARR (for himself and Mr. trol Act of 1998, and for other purposes; to PATRICK, Mr. PRICE of North Caro- SAXTON): the Committee on Science and Technology, lina, Mr. TANNER, Mr. MCINTYRE, Mr. H.R. 1084. A bill to amend the Foreign As- and in addition to the Committee on Natural ETHERIDGE, Mr. THOMPSON of Cali- sistance Act of 1961, the State Department Resources, for a period to be subsequently fornia, Mr. BUTTERFIELD, Mr. EMAN- Basic Authorities Act of 1956, and the For- determined by the Speaker, in each case for UEL, Mr. HARE, Mr. MILLER of North eign Service Act of 1980 to build operational consideration of such provisions as fall with- Carolina, Mr. UDALL of Colorado, Mr. readiness in civilian agencies, and for other in the jurisdiction of the committee con- KIRK, Ms. BEAN, and Mr. ELLSWORTH): purposes; to the Committee on Foreign Af- cerned. fairs. H.R. 1100. A bill to revise the boundary of By Mrs. MALONEY of New York (for the Carl Sandburg Home National Historic By Mr. GARRETT of New Jersey: herself, Mr. WEINER, Mr. LYNCH, Mr. H.R. 1085. A bill to amend the Internal Rev- Site in the State of North Carolina, and for SHAYS, Mr. ACKERMAN, Mr. HIGGINS, other purposes; to the Committee on Natural enue Code of 1986 to exclude combat zone Mr. BERMAN, Mr. SCOTT of Georgia, compensation of members of the Armed Resources. Ms. SCHAKOWSKY, and Mr. CLAY): By Mr. SNYDER: Forces from employment taxes; to the Com- H.R. 1092. A bill to authorize the Secretary mittee on Ways and Means. of Education to make grants to educational H.R. 1101. A bill to provide for the payment By Mr. GARRETT of New Jersey: organizations to carry out educational proof certain annuities under section 376 of title H.R. 1086. A bill to amend the Internal Rev- grams about the Holocaust; to the Com- 28, United States Code, and for other pur- enue Code of 1986 to exclude from gross in- mittee on Education and Labor. poses; to the Committee on the Judiciary. come the earned income of a spouse of a By Mr. MEEK of Florida (for himself, By Mr. SNYDER (for himself, Mr. BOOZMAN, Ms. HERSETH, Ms. LORETTA member of the Armed Forces of the United Mr. PORTER, and Ms. CASTOR): States serving in a combat zone; to the Com- H.R. 1093. A bill to amend title XVIII of the SANCHEZ of California, Mr. REYNOLDS, mittee on Ways and Means. Social Security Act to increase the Medicare and Mr. LATHAM): By Ms. EDDIE BERNICE JOHNSON of caps on graduate medical education posi- H.R. 1102. A bill to amend title 38, United Texas: tions for States with a shortage of residents; States Code, to recodify as part of that title H.R. 1087. A bill to amend the Clean Air to the Committee on Ways and Means, and in certain educational assistance programs for Act to require that mercury emissions from addition to the Committee on Energy and members of the reserve components of the electric utility steam generating units be Commerce, for a period to be subsequently Armed Forces, to improve such programs, subject to the MACT standard for hazardous determined by the Speaker, in each case for and for other purposes; to the Committee on air pollutants, and for other purposes; to the consideration of such provisions as fall with- Veterans’ Affairs, and in addition to the Committee on Energy and Commerce. in the jurisdiction of the committee con- Committee on Armed Services, for a period By Ms. KAPTUR (for herself and Mrs. cerned. to be subsequently determined by the Speak- MYRICK): By Mr. PAUL (for himself, Mr. GAR- er, in each case for consideration of such pro- H.R. 1088. A bill to establish a pilot pro- RETT of New Jersey, and Mr. BART- visions as fall within the jurisdiction of the gram to provide grants to encourage eligible LETT of Maryland): committee concerned. institutions of higher education to establish H.R. 1094. A bill to provide that human life By Ms. SOLIS (for herself, Mr. WYNN, and operate pregnant and parenting student shall be deemed to exist from conception; to Mr. HASTINGS of Florida, Mr. UDALL services offices for pregnant students, par- the Committee on the Judiciary. of Colorado, Mr. CONYERS, and Mr. enting students, prospective parenting stu- By Mr. PAUL (for himself, Mr. BART- ELLISON): dents who are anticipating a birth or adop- LETT of Maryland, Mr. FEENEY, and H.R. 1103. A bill to codify Executive Order tion, and students who are placing or have Mr. GARRETT of New Jersey): 12898, relating to environmental justice, to

VerDate Aug 31 2005 01:41 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00119 Fmt 7634 Sfmt 0634 E:\RECORD07\H15FE7.REC H15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE H1790 CONGRESSIONAL RECORD — HOUSE February 15, 2007 require the Administrator of the Environ- MICHAUD, Mrs. MILLER of Michigan, PRIVATE BILLS AND mental Protection Agency to fully imple- Mr. GEORGE MILLER of California, Mr. RESOLUTIONS ment the recommendations of the Inspector MOORE of Kansas, Mr. MORAN of Vir- General of the Agency and the Comptroller ginia, Mr. NADLER, Ms. NORTON, Mr. Under clause 3 of rule XII, General of the United States, and for other OBERSTAR, Mr. OLVER, Mr. PASCRELL, Mr. Pastor introduced A bill (H.R. 1109) for purposes; to the Committee on Energy and Mr. PAYNE, Mr. PLATTS, Ms. PRYCE of the relief of Alejandro E. Gonzales; which Commerce, and in addition to the Committee Ohio, Mr. RAMSTAD, Mr. REICHERT, was referred to the Committee on the Judici- on Natural Resources, for a period to be sub- Mr. ROTHMAN, Mr. RUSH, Ms. ary. sequently determined by the Speaker, in SCHAKOWSKY, Ms. SCHWARTZ, Mr. f each case for consideration of such provi- SHERMAN, Mr. SMITH of New Jersey, sions as fall within the jurisdiction of the Ms. SOLIS, Mr. STARK, Mrs. ADDITIONAL SPONSORS committee concerned. TAUSCHER, Mr. TERRY, Mr. TIBERI, By Mr. STARK (for himself, Mr. Mr. VAN HOLLEN, Mr. WALDEN of Or- Under clause 7 of rule XII, sponsors MCDERMOTT, Mr. GEORGE MILLER of egon, Mr. WEINER, Mr. WELLER, Mr. were added to public bills and resolu- California, Ms. BORDALLO, Mr. WEXLER, and Mr. WYNN): tions as follows: GRIJALVA, Mrs. CAPPS, Ms. WOOLSEY, H.R. 1108. A bill to protect the public H.R. 25: Mr. THORNBERRY. and Ms. DELAURO): health by providing the Food and Drug Ad- H.R. 73: Mr. DAVIS of Kentucky, Mr. BU- H.R. 1104. A bill to ensure that foster chil- ministration with certain authority to regu- CHANAN, and Mr. CALVERT. dren are able to use their social security and late tobacco products; to the Committee on H.R. 89: Mr. FOSSELLA. supplemental security income benefits to ad- Energy and Commerce. H.R. 156: Mr. GRIJALVA. dress their needs and improve their lives; to By Mr. WAXMAN (for himself, Mr. H.R. 180: Mr. WEINER and Mr. KLEIN of the Committee on Ways and Means. LANTOS, Mr. CANNON, Mr. CANTOR, Florida. By Mr. TANNER (for himself and Mr. and Mr. LATOURETTE): H.R. 189: Mr. JOHNSON of Georgia. HULSHOF): H. Con. Res. 66. Concurrent resolution per- H.R. 1105. A bill to amend title XVIII of the H.R. 211: Mr. CUMMINGS. mitting the use of the rotunda of the Capitol Social Security Act to provide for the treat- H.R. 243: Mr. MEEKS of New York and Mr. for a ceremony as part of the commemora- ment of certain physician pathology services ROGERS of Alabama. tion of the days of remembrance of victims under the Medicare Program; to the Com- H.R. 279: Mr. KNOLLENBERG. of the Holocaust; to the Committee on House mittee on Energy and Commerce, and in ad- H.R. 303: Mr. GOODE, Mrs. CAPITO, Mr. Administration. dition to the Committee on Ways and Means, FOSSELLA, and Mr. REYES. By Mr. HOYER: for a period to be subsequently determined H.R. 328: Mr. LEVIN, Mr. PLATTS, Ms. by the Speaker, in each case for consider- H. Res. 165. Resolution to inform the Sen- DEGETTE, Mr. CUMMINGS, Mr. MCGOVERN, ation of such provisions as fall within the ju- ate of the election of the Clerk; considered Mrs. LOWEY, Mr. HONDA, Mr. UDALL of Colo- risdiction of the committee concerned. and agreed to. rado, and Mr. BOUCHER. By Mr. TIAHRT (for himself, Mr. By Mr. HOYER: H.R. 339: Mr. MEEKS of New York. H. Res. 166. Resolution authorizing the MORAN of Kansas, Mr. MOORE of Kan- H.R. 343: Mr. RAHALL, Ms. BORDALLO, and Clerk to inform the President of the election sas, and Mrs. BOYDA of Kansas): Mrs. CAPITO. H.R. 1106. A bill to amend title 49, United of the Clerk; considered and agreed to. H.R. 353: Mr. INSLEE. States Code, to restore the mission of the By Mr. RAHALL (for himself and Mr. H.R. 359: Mr. HARE. Federal Aviation Administration to promote YOUNG of Alaska): H.R. 402: Mr. GORDON. civil aeronautics; to the Committee on H. Res. 167. A resolution providing H.R. 403: Mr. MEEKS of New York. Transportation and Infrastructure. amounts for the expenses of the Committee H.R. 406: Mr. MCGOVERN. By Mr. TOWNS (for himself, Mr. CAN- on Natural Resources in the One Hundred H.R. 463: Ms. BORDALLO. NON, Mr. JEFFERSON, Mr. THOMPSON Tenth Congress; to the Committee on House H.R. 468: Ms. WATERS, Mr. DAVIS of Illinois, of Mississippi, Mr. SESSIONS, Mr. Administration. and Mr. COHEN. PAUL, Mr. FRANKS of Arizona, Mr. By Mr. GEORGE MILLER of California H.R. 477: Mr. CUMMINGS, Mr. AL GREEN of SHAYS, Mr. WEXLER, Mr. WALSH of (for himself and Mr. MCKEON): Texas, Mr. SHIMKUS, Mr. YOUNG of Alaska, New York, Mr. BOREN, and Mr. DUN- H. Res. 168. A resolution providing Mr. FARR, Mr. KING of New York, Ms. JACK- CAN): amounts for the expenses of the Committee SON-LEE of Texas, Mr. OBERSTAR, Ms. H.R. 1107. A bill to amend the Internal Rev- on Education and Labor in the One Hundred HIRONO, Mr. ETHERIDGE, and Mr. CRAMER. enue Code of 1986 to treat expenses for cer- Tenth Congress; to the Committee on House H.R. 493: Mr. COHEN, Mr. MELANCON, and tain meal replacement and dietary supple- Administration. Mr. OBEY. ment products that qualify for FDA-ap- By Mr. MOORE of Kansas (for himself, H.R. 539: Mr. WAMP, Ms. GIFFORDS, Mr. proved health claims as expenses for medical Mr. BACHUS, Mrs. BOYDA of Kansas, PATRICK MURPHY of Pennsylvania, and Mr. care; to the Committee on Ways and Means. Mr. CLEAVER, Mr. LINCOLN DAVIS of FILNER. By Mr. WAXMAN (for himself, Mr. TOM Tennessee, Mr. DOGGETT, Mrs. H.R. 562: Mr. SAM JOHNSON of Texas and DAVIS of Virginia, Mr. DINGELL, Mr. GILLIBRAND, Mr. GILLMOR, Ms. Mr. TIBERI. PALLONE, Mr. ABERCROMBIE, Mr. ACK- HERSETH, Ms. JACKSON-LEE of Texas, H.R. 566: Ms. LEE. ERMAN, Mr. ALLEN, Ms. BALDWIN, Mr. Mr. JOHNSON of Georgia, Mr. KIND, H.R. 579: Ms. GIFFORDS, Mr. CLEAVER, Mr. BARTLETT of Maryland, Mr. Mrs. MCCARTHY of New York, Mr. RAHALL, Mrs. JO ANN DAVIS of Virginia, Ms. BLUMENAUER, Ms. BORDALLO, Mrs. MEEK of Florida, Mr. MILLER of Flor- CORRINE BROWN of Florida, Ms. MCCOLLUM of CAPPS, Mr. CAPUANO, Mr. CASTLE, ida, Mrs. MYRICK, Mr. RAMSTAD, Mr. Minnesota, Mr. CARNEY, Mr. BUCHANAN, Ms. Mrs. CHRISTENSEN, Mr. CUMMINGS, SALAZAR, Mr. SHAYS, Mr. VAN BERKLEY, Mr. CRAMER, Mr. LAHOOD, Mr. Mr. DAVIS of Illinois, Mrs. DAVIS of HOLLEN, and Mr. PATRICK MURPHY of GORDON, Mr. COURTNEY, and Mrs. BOYDA of California, Ms. DEGETTE, Mr. Pennsylvania): Kansas. DELAHUNT, Ms. DELAURO, Mr. H. Res. 169. A resolution amending the H.R. 583: Mr. FILNER, Mr. SHIMKUS, and Mr. ELLISON, Mr. EMANUEL, Mrs. EMER- Rules of the House of Representatives to re- RAHALL. SON, Mr. ENGEL, Ms. ESHOO, Mr. FER- quire that the lists of earmarks be made H.R. 592: Mr. CLEAVER. GUSON, Mr. FILNER, Mr. FRANK of available to the general public on the Inter- H.R. 610: Mr. MICHAUD. Massachusetts, Ms. GIFFORDS, Mr. net; to the Committee on Rules. H.R. 614: Ms. BORDALLO. GENE GREEN of Texas, Mr. GRIJALVA, By Mr. PETERSON of Minnesota: H.R. 620: Mr. JOHNSON of Georgia and Mr. Mr. GUTIERREZ, Mr. HIGGINS, Mr. HIN- H. Res. 170. A resolution amending the CARNAHAN. CHEY, Ms. HIRONO, Mr. HOLT, Mr. Rules of the House of Representatives to H.R. 621: Ms. ROS-LEHTINEN, Mr. JOHNSON HONDA, Mr. INSLEE, Mr. ISRAEL, Mr. clarify the treatment of reimbursements to of Georgia, and Mr. TIERNEY. JACKSON of Illinois, Ms. JACKSON-LEE Members for the use of personally owned air- H.R. 625: Ms. ESHOO and Ms. LEE. of Texas, Mr. KENNEDY, Mr. KILDEE, planes in the performance of official or cam- H.R. 627: Mr. SCOTT of Georgia. Mr. KING of New York, Mr. KIRK, Mr. paign travel; to the Committee on Standards H.R. 631: Mr. PITTS, Mrs. MUSGRAVE, and LAHOOD, Mr. LANTOS, Mr. LARSEN of of Official Conduct. Mr. UDALL of Colorado. Washington, Mr. LARSON of Con- By Mr. SKELTON (for himself, Mr. H.R. 642: Mr. JOHNSON of Georgia, Mr. LAN- necticut, Ms. LEE, Mr. LEWIS of Geor- OBERSTAR, Mr. BOOZMAN, Mr. TOS, Ms. CORRINE BROWN of Florida, Mr. gia, Mr. LIPINSKI, Mr. LOBIONDO, Ms. CARNAHAN, Mr. COHEN, Mr. GILLMOR, HINOJOSA, Mr. CHANDLER, Ms. KILPATRICK, ZOE LOFGREN of California, Mr. Mr. JEFFERSON, Mr. MCCRERY, Mr. Mr. CLAY, and Mr. LATOURETTE. LYNCH, Mrs. MCCARTHY of New York, MCGOVERN, Mr. PETRI, Mr. SNYDER, H.R. 643: Mr. LEWIS of Georgia, Mrs. Ms. MCCOLLUM of Minnesota, Mr. and Ms. WATSON): MALONEY of New York, Mr. TOWNS, Mr. MCDERMOTT, Mr. MCGOVERN, Mr. H. Res. 171. A resolution honoring the Mar- ENGLISH of Pennsylvania, and Mr. SAXTON. MCNULTY, Mrs. MALONEY of New quis de Lafayette on the occasion of the H.R. 649: Mr. PATRICK MURPHY of Pennsyl- York, Mr. MARKEY, Mr. MATHESON, 250th anniversary of his birth; to the Com- vania. Ms. MATSUI, Mr. MEEHAN, Mr. mittee on Armed Services. H.R. 653: Mr. MEEKS of New York.

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H.R. 688: Mr. ENGLISH of Pennsylvania, Mr. H.R. 819: Mr. WELCH of Vermont, Ms. GIF- H. Con. Res. 53: Mr. GRIJALVA, Mr. CLEAV- CLAY, Mr. COSTELLO, Mr. POE, and Mr. LIPIN- FORDS, Mr. ARCURI, Mr. CAPUANO, and Mr. ER, Ms. BORDALLO, Mr. MCCOTTER, Mr. LIPIN- SKI. RYAN of Ohio. SKI, and Mr. DOYLE. H.R. 690: Mrs. JO ANN DAVIS of Virginia. H.R. 821: Mr. SCOTT of Georgia. H. Con. Res. 60: Ms. BORDALLO and Mr. H.R. 692: Mr. WALZ of Minnesota and Ms. H.R. 829: Mr. PLATTS. MCCOTTER. BERKLEY. H.R. 840: Mr. CLEAVER, Ms. BORDALLO, Mr. H. Con. Res. 63: Ms. EDDIE BERNICE JOHN- H.R. 693: Ms. VELA´ ZQUEZ. STARK, Mr. LYNCH, and Mr. PATRICK MURPHY SON of Texas, Mr. RUSH, and Ms. JACKSON- H.R. 695: Mr. LYNCH and Mr. MCDERMOTT. of Pennsylvania. LEE of Texas. H.R. 698: Mr. TIERNEY, Mr. WICKER, Mr. H.R. 843: Mr. GOODE. H. Res. 37: Ms. HIRONO and Mr. CUELLAR. YARMUTH, Mr. CARNAHAN, and Ms. SUTTON. H.R. 855: Mr. MICA and Mr. WELDON of Flor- H. Res. 71: Mr. GRIJALVA and Mr. H.R. 699: Mr. EVERETT. ida. MCDERMOTT. H.R. 718: Mr. MEEHAN, Ms. HOOLEY, Mr. H.R. 876: Ms. KILPATRICK, Ms. JACKSON-LEE H. Res. 76: Ms. SOLIS, Ms. HIRONO, and Mr. BISHOP of Utah, and Ms. BORDALLO. of Texas, and Mr. FORTENBERRY. ELLISON. H.R. 721: Mr. CALVERT, Mr. WHITFIELD, Mr. H.R. 878: Mr. STARK. H. Res. 87: Mr. ENGLISH of Pennsylvania. BLUMENAUER, Mr. YOUNG of Alaska, Mrs. H.R. 891: Mr. PASTOR. H. Res. 95: Mr. LEWIS of Georgia and Mr. MYRICK, Mr. COBLE, Mr. GINGREY, Mr. H.R. 895: Mr. LINDER, Mr. FOSSELLA, and MCDERMOTT. NEUGEBAUER, and Mr. CRAMER. Mr. VISCLOSKY. H. Res. 100: Mrs. MCCARTHY of New York, H.R. 724: Mr. EVERETT. H.R. 909: Mr. KING of New York and Mr. Ms. MILLENDER-MCDONALD, Ms. DELAURO, H.R. 729: Mrs. DAVIS of California, Mr. PUTNAM. Mr. CONYERS, and Mr. GORDON. GUTIERREZ, Ms. BALDWIN, and Mr. UDALL of H.R. 920: Mrs. CHRISTENSEN and Mr. THOMP- H. Res. 107: Mr. COSTA, Mr. BLUMENAUER, Colorado. SON of Mississippi. Mr. PUTNAM, Mr. MANZULLO, Ms. WASSERMAN H.R. 731: Mr. SESSIONS. H.R. 925: Mr. CALVERT. SCHULTZ, Mr. GENE GREEN of Texas, Mrs. H.R. 741: Mr. RUPPERSBERGER, Mr. FER- H.R. 938: Mrs. MYRICK, Mr. BARTLETT of DRAKE, and Mr. PATRICK J. MURPHY of Penn- GUSON, and Mr. MCNULTY. Maryland, Mr. DAVID DAVIS of Tennessee, sylvania. H.R. 743: Mr. RADANOVICH. and Mr. TANCREDO. H. Res. 113: Mr. MATHESON and Ms. JACK- H.R. 748: Mr. FRANK of Massachusetts, Mr. H.R. 942: Mr. MCDERMOTT. SON-LEE of Texas. LEWIS of Kentucky, Mr. KUCINICH, Mr. NEAL H.R. 947: Ms. ZOE LOFGREN of California. H. Res. 128: Ms. HIRONO. of Massachusetts, and Mr. TANNER. H.R. 971: Mr. EVERETT, Mr. GRAVES, and H. Res. 147: Mr. BARRETT of South Carolina H.R. 758: Mr. VAN HOLLEN. Mrs. EMERSON. and Mr. Jordan. H.R. 768: Mr. CALVERT. H.R. 972: Ms. HIRONO. H. Res. 163: Ms. KILPATRICK and Mr. H.R. 769: Mr. CALVERT and Mr. WESTMORE- H.R. 976: Mr. HALL of New York. GRIJALVA. LAND. H.R. 997: Mr. GOODE, Mr. KNOLLENBERG, and H.R. 784: Mr. PLATTS and Mrs. JO ANN Mr. CAMPBELL of California. f DAVIS of Virginia. H.R. 1012: Mr. SHAYS. H.R. 787: Ms. ZOE LOFGREN of California, H.R. 1039: Mr. COLE of Oklahoma. DELETIONS OF SPONSORS FROM Mr. DOYLE, Mr. JOHNSON of Georgia, and Mr. H.R. 1055: Mr. SHAYS. PUBLIC BILLS AND RESOLUTIONS OBERSTAR. H. J. Res. 3: Mr. ACKERMAN. Under clause 7 of rule XII, sponsors H.R. 797: Mr. CARNEY, Ms. CARSON, and Ms. H. J. Res. 18: Mr. INSLEE. BORDALLO. H. J. Res. 22: Mr. EVERETT. were deleted from public bills and reso- H.R. 805: Mr. INGLIS of South Carolina. H. Con. Res. 33: Mr. PASTOR and Ms. EDDIE lutions as follows: H.R. 814: Mr. TIERNEY. BERNICE JOHNSON of Texas. H.R. 654: Mr. RYAN of Wisconsin.

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Vol. 153 WASHINGTON, THURSDAY, FEBRUARY 15, 2007 No. 29 Senate The Senate met at 10 a.m. and was This, our prayer, we offer to You in these nominations is limited to a total called to order by the Honorable faith, and with thanksgiving in the of 10 minutes equally divided and con- BARACK OBAMA, a Senator from the strong Name of our God. Amen. trolled between the chairman and State of Illinois. f ranking member of the Judiciary Com- mittee. At 10:30, the Senate will pro- PRAYER PLEDGE OF ALLEGIANCE ceed to vote on confirmation of these The PRESIDING OFFICER. Today’s The Honorable BARACK OBAMA led the two nominations. prayer will be offered by the Reverend Pledge of Allegiance, as follows: I would like to indicate to Members Dr. J. Layton Mauze, III, of Gastonia, I pledge allegiance to the Flag of the that a third rollcall vote is likely NC. United States of America and to the Repub- shortly after these votes on the ad- The guest Chaplain offered the fol- lic for which it stands, one nation under God, journment of the Senate, so Members lowing prayer: indivisible, with liberty and justice for all. should plan on three votes instead of Let us pray. f two. Gracious God, Creator of life and the APPOINTMENT OF ACTING Following these votes there will be sustainer of all things, including polit- PRESIDENT PRO TEMPORE morning business, with the first hour ical things, we bow before You this day controlled by Senator LEAHY and then in humility and with thankful hearts The PRESIDING OFFICER. The clerk will please read a communication the Republican leader or his designee to acknowledge that our lives are a gift will control an hour. of Your grace, renewed every morning to the Senate from the President pro and nurtured every day in Your tender tempore (Mr. BYRD). Mr. President, in a short time, we care. The assistant legislative clerk read will approve the first circuit court We begin this time together by ac- the following letter: judge of this Congress. The distin- knowledging our faith in You and our U.S. SENATE, guished Republican leader and I have dependence upon You. We begin by say- PRESIDENT PRO TEMPORE, had conversations about having as lit- Washington, DC, February 15, 2007. tle acrimony—in fact, hopefully none— ing that our religious faith and com- To the Senate: mitment do influence our opinions and on circuit court judges. The last Con- Under the provisions of rule I, paragraph 3, gress will be noted for a number of convictions, our daily and political of the Standing Rules of the Senate, I hereby life. appoint the Honorable BARACK OBAMA, a things and one will be the So help us never to let our politics or Senator from the State of Illinois, to per- contentiousness of the circuit court our religion become dirty by default, form the duties of the Chair. judges that came before the Senate. I but help us to keep the moral inte- ROBERT C. BYRD, have made a commitment to my friend grally related to the political, and give President pro tempore. from Kentucky that we will move for- us the wisdom and courage to stand for Mr. OBAMA thereupon assumed the ward on these. We have had conversa- the hard right against the easy wrong. chair as Acting President pro tempore. tions with the President, and he is Strengthen and encourage each of f going to do his best to send us circuit these Senators today, we pray, and court judges that are not people who guide and protect our beloved Nation, RECOGNITION OF THE MAJORITY cause a lot of heartburn on this side, particularly in these ethically difficult LEADER and we think that is totally possible times. May justice prevail and leader- The ACTING PRESIDENT pro tem- and in keeping with the standards ship based on integrity be the domi- pore. The majority leader is recognized President Bush wants for these circuit court judges. So this is a time when we nant note. f Keep us all faithful to the opportuni- are going to try to work together to ties and challenges this day will bring, SCHEDULE move forward. and make us a blessing to all those our Mr. REID. Mr. President, this morn- Randy Smith is the first, and I say to lives will touch. ing there will be a brief period of morn- everyone, it wasn’t easy to get him To that end, grant us that illumina- ing business until 10:20, and then we here. He has been nominated for one tion without which we walk in dark- will proceed to executive session to position and then another position. ness, that inspiration without which consider the nomination of Randy There was a little holdup to begin with, we spend our days in mediocrity, and Smith, to be a U.S. Circuit Court but we are beginning to work through that intelligence without which we Judge, and Marcia Morales Howard, to this, as we wish to do. We have mem- stumble in folly. be a U.S. District Judge. Debate on bers of the Judiciary Committee who

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

S1983

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But irrespective, we know there MCCONNELL and myself, and we are imous consent that there be 2 minutes are a majority in the United States going to do our very best to make sure equally divided between the votes on who are in opposition to the troop this is not our last circuit court judge the judicial nominations with the time surge. but the first of a significant number equally divided and controlled between The Senator from Nebraska and I, in who can at least meet the standards of the chairman and ranking member of fact, moved across the political aisle and joined the Senator from Delaware Congresses similarly situated as ours. the Judiciary Committee. and the Senator from Michigan on the f The ACTING PRESIDENT pro tem- Biden-Levin-Hagel-Snowe resolution pore. Without objection, it is so or- RECOGNITION OF THE MINORITY on January 17, when it was introduced dered. LEADER in the Senate. Here we are today, a The ACTING PRESIDENT pro tem- f month later, and there has been no pore. The minority leader is recog- RESERVATION OF LEADER TIME consequential action on the question of nized. Iraq. The ACTING PRESIDENT pro tem- f The House of Representatives is de- pore. Under the previous order, the bating and will be voting. As I said on NOMINATIONS leadership time is reserved Monday, when our troops are on the Mr. MCCONNELL. Mr. President, let f frontlines, the Senate is on the side- me echo the remarks of my good lines. While the House of Representa- MORNING BUSINESS friend, the majority leader, about the tives is debating and voting, the Sen- circuit court judge situation. We are The ACTING PRESIDENT pro tem- ate is dithering. That is regrettable be- off to a good start. I wish to thank pore. Under the previous order, there cause we have some serious questions him, and I wish to thank Chairman will now be a period for the transaction about the President’s troop surge. We LEAHY for moving the Randy Smith of morning business until 10:20 a.m., ought to be able to express our views nomination to the Ninth Circuit. As with Senators permitted to speak for on the floor of the Senate and to have the majority leader has indicated, that up to 10 minutes and the time equally those votes. This is a critical moment vote will be at 10:30. We have had very divided between the two leaders or in our Nation. The Senate has lost its good conversations, the majority lead- their designees. sense of the place it now occupies—or er and myself, about restoring comity The Senator from Maine is recog- should occupy—in history. to the Senate on the business of deal- nized. If we look back at major moments of ing fairly with the President’s nomina- f the Senate historically, the Senate has tions for circuit court judgeships. risen to the occasion, but we haven’t The President has met the Senate IRAQ on this question. So we are going to ad- halfway—some would say more than Ms. SNOWE. Mr. President, I rise journ for the recess without having a halfway—demonstrated by his actions this morning to speak to the Senate re- plan on how we are going to proceed on at the beginning of the Congress and by garding the fact that we are contem- this question, without any votes, on the people he has chosen to resubmit plating adjournment for a recess of ap- the major issue of our time. for our consideration. The President’s proximately 12 days without having So what has changed in the last 3 efforts have been recognized and lauded taken any votes on the question of days? There have been no negotiations. by the Washington Post, the Los Ange- Iraq. The Senator from Nebraska and I There has been no consensus. There has les Times, and several other publica- sent a letter to both leaders yesterday, been no agreement. There has been no understanding of how we are going to tions. These papers have noted the bur- expressing our deepest disappointment proceed and how we are going to debate den is now on the Senate to reciprocate and disapproval about the failure of this question. And we are going to re- and treat the President’s nominees this institution to address the most cess. Well, the troop surge isn’t taking fairly, and we are off to a good start in consequential issue of our time. We are a recess. The men and women in uni- doing that. at a critical crossroads with this pre- form on the frontlines in Iraq are not Moving the Smith nomination today eminent issue. Yet the Senate, in keep- taking a recess, the Iraq war is not is an act of good faith on the part of ing with its historical traditions and taking a recess, but the U.S. Senate is the majority leader and Senator practices, has failed to grapple with taking a recess. LEAHY, which I and others on this side this monumental question. My primary objection to the troop of the aisle appreciate. It is a good be- Therefore, the Senator from Ne- surge has been rooted in the fact that ginning. Of course, it is only a begin- braska and I have said we should have I examined the track record and con- ning, but it is a good beginning. As I a vote on the motion to adjourn for cluded we should not commit any more have said, the President should be this particular recess because we object troops to instilling a peace that the treated as fairly as his three imme- to recessing without the Senate having Iraqis are not willing to instill for diate predecessors, each of whom fin- any agreement, any understanding, themselves and to seek for their own ished their terms with the Senate in any debate, any votes on this most pro- nation. They are fighting amongst control of the opposition party. Yet found question. It does no honor to the themselves rather than for themselves. those Presidents received an average of Senate or to this country. As I said Yesterday, I spoke with the father of 17 circuit court nominations con- earlier in the week when I expressed a soldier who died last Friday while firmed. If this President is not treated my disappointment that we have yet to supporting our Operation Iraqi Free- as fairly as his predecessors, then, of construct an agreement on how to even dom. course, the comity and cooperation in move forward procedurally to debate a SSG Eric Ross of Maine, stationed in the Senate might be harder to come by. nonbinding resolution, irrespective of Texas, and two of his brothers in arms But there is no indication that will be where my colleagues may stand on this were killed as they entered a booby- the case, and I am not predicting it. In question, whether you are in the ma- trapped building in Baquba. What was fact, I am optimistic we are going to be jority or in the minority, various view- even more tragic is the Iraqi squad able to move through these nomina- points ought to be able to be expressed, that was accompanying them, who tions with a high level of fairness and and we ought to be able to have votes were supposed to go in with them, re- comity. Again, I wish to thank both in the Senate. Unfortunately and refused to go in. What did they know? Senator REID and Chairman LEAHY for grettably, that has not occurred, at a Why did they refuse to go in? Where their fair treatment of this first judge time in which the President has al- were their allegiances? Who were they as we begin to move down the path to- ready indicated his plan for the troop fighting for? Those are the kinds of cir- ward getting a reasonable number of surge and which is already underway. cumstances and situations to which

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2007 CONGRESSIONAL RECORD — SENATE S1985 our troops have been subjected. There friend regarding an Iraq debate. While I The ACTING PRESIDENT pro tem- will be infinitely more of those exam- respect the Senator from Maine and, as pore. The Republican leader is recog- ples, given the mission the President I have said I appreciate her sense of ur- nized. has proposed in Baghdad. gency, I say with all due respect, she is f The father of the soldier told me: My coming late to the party. son’s first interpreter was a spy. Those Last week, when Senators had the ISSUE OF FAIRNESS are the kinds of precarious and dan- opportunity to hold an important de- Mr. MCCONNELL. Mr. President, gerous circumstances under which our bate about Iraq, she and others chose using some of my leader time, let me soldiers are facing extraordinary chal- to prevent that debate. Some of them, respond briefly to my good friend, the lenges. Now they are being requested including my friend from Maine, voted majority leader. against their own resolution by not in- to go door-to-door in Baghdad, as this The Senate Republicans are fully pre- voking cloture. While it is heartening soldier was doing in Baquba. His father pared to have a debate on the Iraq war. to know that they would like to have said they were going door to door, We were prepared to have a debate on an Iraq debate now, where were they clearing them out, only to find they the Iraq war last week. We anticipated were coming back in. That is the cir- last week? Where were they when the Senate was trying to send a message to it. The issue is whether the Senate will cumstance our troops will face in this operate like the House. It will not. very dangerous mission in Baghdad. President Bush to stop the escalation? Where were they when we were trying In the House, they have one Iraq res- While we are on recess, all of this to send a message in standing up for olution. The minority gets no voice at will be underway. Yet we have no plan our troops in Iraq? The answer: Ob- all, up or down, on one proposal. As my to debate and to vote on our respective structing. Playing politics. good friend, the majority leader, and views and positions on this question. Don’t tell me about politics. They certainly the majority whip said re- This is not in keeping and consistent were putting the political needs of the peatedly over the years, the Senate is with the traditions and practices of the White House ahead of our troops’ need not the House. Senate Republicans are Senate. I have served in both the House for a new direction in Iraq. anxious to have the Iraq debate. We are of Representatives and the Senate for If not for the actions that took place not trying to avoid it in any way, 29 years. I have witnessed and been last week, we could have been finished whatever. But there will be, at the very part of debates that range from Leb- with this debate regarding the esca- least, a proposal that a majority of anon to the Persian Gulf to Somalia to lation in Iraq. We could have already Senate Republicans support in the Bosnia to Panama. We were able to ex- sent a strong message to President queue to be considered so that we will ercise our views, whether we were in Bush that he stands alone in sup- have an alternative. the House of Representatives or in the porting escalation. We could have Now, the majority leader and I have Senate. I am deeply disappointed that joined the House in expressing our sup- had a number of discussions about this we are at this juncture, that we are port for the troops and our opposition issue over the week. I am still hopeful planning to adjourn for a previously to the so-called surge. But because we can work this out and have a proc- scheduled recess without having estab- there was a political game being played ess for going forward that is fair to lished a record on behalf of the Senate with the war, the American people still Senate Republicans. However, I am for the people of this country. We are do not know where their Senators very confident that Senate Republicans their voice. We reflect their will. We stand on escalation. will insist on having at least one alter- should have the opportunity to debate I take it from comments I have native favored by a majority of our and to vote on the various questions. heard—not only from the Senator from Members. Again, I am not anticipating The fact is, we have allowed the Maine but from others on the other that we will end up in the same posi- gears of this deliberative process to be- side of the aisle—that a number of tion we were last week. The majority come jammed with the monkey Members had a change of heart; that, leader and I are continuing to talk wrenches of timidity and partisanship. in the future, I would hope, many of about it. I reject that because at a time in which them will be joining us in an important But fundamental fairness is essential the American people are deeply con- Iraq debate. on the most important issue concerned about the direction of our mis- Everyone within the sound of my fronting the country. sion in Iraq, the Senate is deadlocked voice should understand, we are in the I yield the floor. and stalemated. Senate. Procedurally it is very dif- The ACTING PRESIDENT pro tem- That is why I object to the motion to ficult, many times, to get from here to pore. The Senator from Pennsylvania. adjourn. I hope my colleagues will ex- there. I started as quickly as I could to Mr. SPECTER. Mr. President, we press their objections, likewise, irre- process this matter. On Tuesday, I have two votes scheduled at 10:30. We spective of where Members stand on moved to rule XIV so we could have the were supposed to have 15 minutes re- House resolution before the Senate. I the question. I hope Members express served for Senator LEAHY and myself, would hope we will have that oppor- disappointment and disapproval that and I know Senator HAGEL is in the tunity soon. we will recess without having taken a Senate and wants a little time. This week, the House of Representa- stand on this monumental issue. With the majority leader in attend- tives is debating a bipartisan resolu- I yield the floor. ance, I wonder if we might adjust the tion on escalation. Last night, as I The ACTING PRESIDENT pro tem- timing so we can talk about these have indicated, I started the process— pore. The majority leader is recog- judges at least for a few minutes? nized. again, moving one step further to bringing the legislation closer to the Mr. REID. I say to my friend, the f floor of the Senate, a resolution saying question is an excellent question. We have, as the Senator knows, a funeral IRAQ DEBATE we support our troops and we oppose the escalation. taking place today for Dr. Norwood. We Mr. REID. Mr. President, I will use When the Senate returns after the changed the vote around from 11 leader time. break, we will deal with the House res- o’clock until 10:30 today so a large con- Mr. President, I have the deepest re- olution in some manner. The American tingent of Senators and House Mem- spect for the Senator from Maine. I people deserve, as I have said, to know bers can attend the funeral. If we do care about her a lot. She is a good leg- where every Member of the Senate not start the votes at 10:30, they will islator and a very strong woman, stands on the so-called surge. It is an not be able to attend. strong person, someone who stands up important issue facing our country. Mr. SPECTER. I accept that. May I for what she thinks is right. I admire I repeat what I said about the Sen- use the last 4 minutes to speak? her for that. ator from Maine. I care about her a lot. I will yield to the Senator from Ne- However, those are interesting com- But I really am somewhat lost in the braska for a minute. ments that I have just heard from my logic of her debate. Mr. HAGEL. I appreciate that.

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1986 CONGRESSIONAL RECORD — SENATE February 15, 2007 EXECUTIVE SESSION port Judge Smith’s nomination last hearing because it was at the same Thursday. Today, at long last, Senator time as the Senators briefing on the CRAIG and Senator CRAPO and the peo- new National Intelligence Estimate NORMAN RANDY SMITH TO BE ple of Idaho will have a judge on this about the deteriorating situation in UNITED STATES CIRCUIT JUDGE important court from their home Iraq. As I did after 9/11, and after the FOR THE NINTH CIRCUIT State. Senate buildings were shut down by We have worked hard since convening the anthrax letters, I chose to go for- this Congress to make significant ward with the nominations hearing. MARCIA MORALES HOWARD TO BE progress in our consideration of judi- I know some on the other side of the UNITED STATES DISTRICT cial nominations. At our first execu- aisle have tried to raise a scare since I, JUDGE FOR THE MIDDLE DIS- tive business meeting, the Judiciary again, became Chairman of the Judici- TRICT OF FLORIDA Committee reported out five judicial ary Committee. They rant as if the sky The ACTING PRESIDENT pro tem- nominations little more than 2 weeks is falling and as if we would not pro- pore. The Senate will proceed to execu- after they were sent to us. Three of ceed on any judicial nominations. On tive session to consider the following these were for vacancies determined by the contrary, we have proceeded nominations en bloc. the Administrative Office of the U.S. promptly and efficiently. The clerk will report. Courts to be judicial emergencies. All I have long urged the President to fill The assistant legislative clerk read five were among those returned to the vacancies with consensus nominees. After this week’s confirmations, ac- the nominations of Norman Randy President without Senate action at the cording to the Administrative Office of Smith, of Idaho, to be United States end of last year when Republican Sen- the U.S. Courts there will be 51 judicial Circuit Judge for the Ninth Circuit and ators objected to proceeding with cer- vacancies, 24 of which have been Marcia Morales Howard, of Florida, to tain of the President’s judicial nomi- be United States District Judge for the deemed to be judicial emergencies. Of nees in September and December last those 24 judicial emergency vacancies, Middle District of Florida. year. All five were confirmed only 3 Mr. LEAHY. Mr. President, today, we the President has yet to send us nomi- weeks after they were nominated. nees for 17 of them. That means two- consider nominations for lifetime ap- Last week, we reported another five pointments to the Federal bench, in- thirds of the judicial emergency vacan- nominations, including the nomina- cies are without a nominee from the cluding Judge Norman Randy Smith to tions we consider today. We reported the Court of Appeals for the Ninth Cir- President. nominees from the home States of Sen- We will continue moving forward ef- cuit. Judge Smith was nominated to a ator SPECTER and Senator GRASSLEY ficiently as long as the President sends seat on the Ninth Circuit designated a and I want to thank Senator CASEY and us qualified, consensus nominees. judicial emergency by the Administra- Senator BROWN for expediting their IRAQ tive Office of the Courts. Judge Smith’s consideration of nominees from their Mr. HAGEL. Mr. President, just a nomination easily could have been con- home States and approving them so brief response to the distinguished ma- firmed in the last Congress—and the quickly after taking office. I have jority leader about motives as to de- emergency addressed many months worked cooperatively with Members bate on Iraq. ago—had the Bush administration cho- from both sides of the aisle on our I don’t know a Senator who has been sen the common-sense approach it has Committee, and in the Senate, to con- clearer or more concise on this admin- now followed of nominating Judge sider quickly and report 10 judicial istration’s positions on Iraq than the Smith—who is from Idaho—to Idaho’s nominations so far this year, allowing senior Senator from Nebraska. To sug- seat on the Ninth Circuit. us to fill vacancies and improve the ad- gest that some on this side are imped- Instead, the President picked a fight ministration of justice in our Nation’s ing or trying to protect the Bush ad- by insisting on nominating Judge Federal courts. ministration’s policy on Iraq, specifi- Smith to a California seat on the Ninth With the five confirmations last cally escalating our military involve- Circuit. Judge Smith had been nomi- week we have confirmed more of Presi- ment in Iraq, is a bit off the mark. nated to fill the seat last occupied by dent Bush’s nominations in the 18 The fact is, the minority leader is Judge Stephen Trott, an appointee months I have served as Judiciary very clear in his purpose. I have sup- from California who made a personal Committee Chairman than in the more ported that. Minority rights are the es- decision to move to Idaho. I know of no than two years when Senator HATCH sence, the foundation of this body. The precedent for shifting a circuit seat chaired the Committee with a Repub- minority should have an opportunity based on a judge’s personal decision to lican Senate majority or during the en- to present their resolution or resolu- change his or her personal residence. tire last Congress with a Republican tions. It should not be dictated to by That generated opposition from the Senate majority. the majority. California Senators and created an im- With Judge Smith’s confirmation Make it very clear, those on this side passe. I supported the California Sen- today, we will have confirmed a nomi- who have pushed for this debate are ators, as I had Senators Sarbanes and nation to one of the Nation’s impor- very clear in our position. I doubt if MIKULSKI in a similar circumstance tant circuit courts little more than a there is anyone who has been clearer when this President sought to fill a month after the Republicans agreed to than this Senator. Maryland seat on the Fourth Circuit resolution allowing the Senate to orga- I yield the floor. with someone from Virginia. nize. That is more than the total of Mr. SPECTER. Mr. President, there is only a minute left before 10:30, not I have tried for some time to get the President Clinton’s nominations to cir- enough time to discuss. I ask unani- President to redesignate the Smith cuit court vacancies confirmed by the mous consent I be recognized at the nomination and nominate him to fill Republican-controlled Senate during conclusion of the third vote for 10 min- the Idaho vacancy. At long last, the the entire 1996 session. Today, with utes. President has done the right thing. The this one confirmation we will surpass Mr. LEAHY. I did not hear the re- White House finally changed course the Republican total for an entire ses- quest. and the President nominated Judge sion of the Congress. Mr. SPECTER. My request—we were Smith for the Idaho seat on the Ninth Last week, we also held the first judi- supposed to speak, but the time has Circuit. I thank the President for ficial nominations hearing of the new been consumed otherwise. With only nally doing the right thing. Congress and considered three more less than a minute left until 10:30, I With the cooperation of the Senators nominees, two of whom are nominated have asked for consent to speak for 10 from California and the other Members to fill judicial emergency vacancies. minutes at the conclusion of the third of the Judiciary Committee, we were We held that hearing on February 6. vote. able to avoid having a hearing on When a Republican chaired the Com- Mr. LEAHY. At the conclusion of the Judge Smith’s nomination in this Con- mittee in 1999 and there was a Demo- third vote? gress and to expedite his consideration, cratic President, the first hearing on a Mr. SPECTER. Let me amend that to now that he has been designated for judicial nominee was not held until ask for 10 minutes for the chairman of the Idaho vacancy. We were able to re- June 16. We could have postponed this the Judiciary Committee.

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2007 CONGRESSIONAL RECORD — SENATE S1987 Mr. LEAHY. I have an hour reserved Who yields time? Mr. LEAHY. Mr. President, Judge after the third vote anyway. Certainly, The Senator from Florida. Marcia Morales Howard, nominated to if the Senator from Pennsylvania Mr. NELSON of Florida. Mr. Presi- the Middle District of Florida, has the wants to take his 10 minutes ahead of dent, two Senators from Florida rise to bipartisan support of both Florida Sen- that hour, I have no objection. lend our support to Judge Howard, who ators. With valuable experience as a Mr. SPECTER. I ask consent to that is currently a magistrate judge and is Federal magistrate judge and as a request. an excellent choice. It is the privilege former civil litigator, Judge Howard is The ACTING PRESIDENT pro of Senator MARTINEZ and myself to well versed in litigation matters in terrpore. Without objection, it is so or- support the outstanding choice of Federal court. Judge Howard graduated dered. Judge Howard to be a Federal district from Vanderbilt University with a B.S. VOTE ON NOMINATION OF NORMAN RANDY SMITH judge. in 1987, and received her J.D. with hon- Mr. LEAHY. Mr. President, I ask for Judge Howard is a graduate of Van- ors in 1990, from the University of Flor- the yeas and nays. derbilt University and the University ida, College of Law, where she served The ACTING PRESIDENT pro tem- of Florida Law School. as Symposium Editor for the Florida pore. Is there a sufficient second? I want to make reference to a note I Law Review. There is a sufficient second. received from Judge Howard telling a As a litigator in private practice, The question is, Will the Senate ad- bit about something unusual, because Judge Howard worked mostly on com- vise and consent to the nomination of her parents arrived here from Cuba. plex civil litigation matters in Federal Norman Randy Smith, of Idaho, to be This is what she writes: court as an Associate with the law firm United States Circuit Judge for the My parents arrived here with very little of Foley and Lardner, and later worked Ninth Circuit? The clerk will call the other than an education and a willingness to on labor and employment law cases as roll. work. Their success and my nomination are an Associate, and then Partner, at the The assistant legislative clerk called truly a testament to the opportunity that law firm of McGuireWoods, LLP. Judge the roll. exists here simply by virtue of being an Howard has also shown her dedication Mr. DURBIN. I announce that the American. My parents never let my brother, my sister, or me forget how fortunate we to serving others by providing pro bono Senator from California (Mrs. BOXER), legal services through the Jacksonville the Senator from Connecticut (Mr. were to be in a country where we could be whatever we wanted to be or that we had a Area Legal Aid and pro bono seminars DODD), and the Senator from South Da- duty to give back to our country. through the Jacksonville Center for kota (Mr. JOHNSON) are necessarily ab- That is the kind of person who will Independent Living to disabled individ- sent. uals informing them of their rights Mr. LOTT. The following Senators be a successful Federal district judge. The PRESIDING OFFICER. The Sen- under the Americans with Disabilities were necessarily absent: the Senator Act. from Nevada (Mr. ENSIGN), the Senator ator from Florida. Mr. MARTINEZ. Mr. President, I am I understand that Judge Howard is a from New Hampshire (Mr. GREGG), and first generation Cuban-American. She the Senator from Texas (Mrs. delighted to join my colleague Senator NELSON in advancing the nomination of is being called upon to fill a position in HUTCHISON). one of the fastest growing areas in The ACTING PRESIDENT pro tem- Marcia Morales Howard as a Federal district court judge for the Middle Dis- Florida. Senator NELSON has been a pore. Are there any other Senators in strong supporter of this nomination the Chamber desiring to vote? trict of Florida. This outstanding woman lawyer from Florida not only and has pressed for early action. I The result was announced—yeas 94, thank both Senators from Florida for nays 0, as follows: has a distinguished academic background, having graduated from the their interest in this nomination. I also [Rollcall Vote No. 49 Ex.] understand that Judge Howard’s grand- YEAS—94 University of Florida College of Law, being an editor of the Law Review father celebrated his 100th birthday Akaka Dorgan Murkowski there, but she also has been an accom- just 2 weeks ago, on February 1. Her Alexander Durbin Murray confirmation today is testimony to the Allard Enzi Nelson (FL) plished litigator for 13 years with two Baucus Feingold Nelson (NE) very fine law firms in the State of great promise that America holds for Bayh Feinstein Obama people from all parts of the world, that Bennett Graham Florida, Foley & Lardner and Pryor McGuireWoods. In 2003, she became a the granddaughter of someone who Biden Grassley Reed came to America can become a Federal Bingaman Hagel Reid Federal magistrate. As a magistrate, Bond Harkin judge. Roberts she has distinguished herself in the Brown Hatch I congratulate the nominee and her Rockefeller Middle District of Florida where she Brownback Inhofe family on her confirmation today. Bunning Inouye Salazar would be serving as a Federal district Burr Isakson Sanders The PRESIDING OFFICER. The Sen- Schumer court judge. ator from Pennsylvania. Byrd Kennedy I know her and her family. I know Cantwell Kerry Sessions Mr. SPECTER. Mr. President, may I Cardin Klobuchar Shelby what an outstanding American she is. I claim 1 minute as ranking member of Carper Kohl Smith am very proud that with the mag- the Judiciary Committee? Casey Kyl Snowe nitude of importance of a Federal ap- Chambliss Landrieu Specter I think Senator NELSON and Senator Clinton Lautenberg Stabenow pointment for a lifetime, we have MARTINEZ had important things to say Coburn Leahy Stevens someone of this competence, this dedi- about the nominee, but I don’t think Cochran Levin Sununu cation, and this quality to serve in this anybody heard them. So if I could have Coleman Lieberman Tester important post. I am delighted not Collins Lincoln the attention of my colleagues. Thomas only for the opportunity to advance Conrad Lott Thune The PRESIDING OFFICER. The Sen- Corker Lugar Vitter the nomination but also to tell of the ator from Pennsylvania. Cornyn Martinez Voinovich judicial nominating commission Sen- Mr. SPECTER. The nominee has an Craig McCain Warner Crapo McCaskill ator NELSON and I have formed in the outstanding record, having served as a Webb DeMint McConnell State of Florida, which I frankly be- United States magistrate. She grad- Dole Menendez Whitehouse Wyden lieve is a model for bipartisan coopera- uated from Vanderbilt in 1987, and from Domenici Mikulski tion and also seeking the best and most the University of Florida College of NOT VOTING—6 qualified on the merits by positioning Law, with honors, in 1990. She has an Boxer Ensign Hutchison the nomination before a group of dis- outstanding professional record. I urge Dodd Gregg Johnson tinguished lawyers who then see the my colleagues to support her nomina- The nomination was confirmed. applicants, study their qualifications, tion. VOTE ON NOMINATION OF MARCIA MORALES and make recommendations. The PRESIDING OFFICER. The HOWARD I am delighted to urge my colleagues question is, Will the Senate advise and The PRESIDING OFFICER (Mr. to support the nomination of Marcia consent to the nomination of Marcia BROWN). There are now 2 minutes Morales Howard for Federal district Morales Howard, of Florida, to be a equally divided before a vote on the judge for the Middle District of Flor- U.S. District Judge for the Middle Dis- Howard nomination. ida. trict of Florida.

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1988 CONGRESSIONAL RECORD — SENATE February 15, 2007 Mrs. MURRAY. I ask for the yeas and I suggest the absence of a quorum. the Iraq surge issue within a matter of nays on the nomination. The PRESIDING OFFICER. The hours, as I indicated, so that we could The PRESIDING OFFICER. Is there a clerk will call the roll. move within a day, 1 day, to 9/11 and sufficient second? The legislative clerk proceeded to amendments—Warner, Gregg, McCain, There is a sufficient second. call the roll. whatever amendments the minority The clerk will call the roll. Mr. REID. Mr. President, I ask unan- wanted to offer; they would certainly The bill clerk called the roll. imous consent that the order for the be permitted to do that. Mr. DURBIN. I announce that the quorum call be rescinded. We find ourselves in a very unusual Senator from California (Mrs. BOXER), The PRESIDING OFFICER. Without position, Mr. President. We tried to the Senator from Connecticut (Mr. objection, it is so ordered. proceed to this matter before. Every- DODD), and the Senator from South Da- f one has heard the arguments used to kota (Mr. JOHNSON) are necessarily ab- stop us from going forward on this sent. UNANIMOUS CONSENT REQUESTS issue. Cloture was not invoked. We Mr. LOTT. The following Senators Mr. REID. Mr. President, I ask unan- need not go over all the reasons, some were necessarily absent: the Senator imous consent that when the Senate of which have been outlined by the dis- from Nevada (Mr. ENSIGN), the Senator convenes on Monday, February 26, the tinguished Republican leader just a few from New Hampshire (Mr. GREGG), the Senate proceed to the consideration of minutes ago. But there have been those Senator from Texas (Mrs. HUTCHISON), H. Con. Res. 63, the House Iraq resolu- on the other side of the aisle who think and the Senator from Oklahoma (Mr. tion; that there be 12 hours of debate; we should be in next week. Mr. Presi- INHOFE). that the debate be divided equally be- dent, speaking for this Senator, I am Further, if present and voting, the tween the two leaders; that no amend- happy to be in next week. If you want Senator from Oklahoma (Mr. INHOFE) ments or motions be in order; and that to be in next week, we can do that. I would have voted ‘‘yea.’’ the Senate vote on passage of the con- have things in Nevada I have wanted to The PRESIDING OFFICER. Are there current resolution at the conclusion of do for a while because I have been here any other Senators in the Chamber de- that time. for 5 weeks, but that is OK, I can take siring to vote? The PRESIDING OFFICER. Is there care of that, as everyone else can, if The result was announced—yeas 93, objection? necessary. But we find ourselves in the nays 0, as follows: Mr. MCCONNELL. Reserving the same position, that there is a hesi- [Rollcall Vote No. 50 Ex.] right to object. tation on behalf of the minority to go YEAS—93 The PRESIDING OFFICER. The Re- forward on now a very simple matter— Akaka Domenici Mikulski publican leader. a very simple matter. Alexander Dorgan Murkowski Mr. MCCONNELL. Mr. President, of The Warner-Levin amendment was a Allard Durbin Murray Baucus Enzi Nelson (FL) course, I will object. This is right back little more complicated than the sim- Bayh Feingold Nelson (NE) where we were a week ago. As the dis- ple House measure which says we sup- Bennett Feinstein Obama tinguished majority leader and the dis- port the troops and we are against the Biden Graham Pryor surge. That is what we think should be Bingaman Grassley Reed tinguished majority whip have said on Bond Hagel Reid numerous occasions in the last couple disposed of quickly. We can move to 9/ Brown Harkin Roberts of years, the Senate is not the House. 11, all the debates on other things peo- Brownback Hatch Rockefeller Senate Republicans are going to insist ple want to do with Iraq and other Bunning Inouye Salazar issues. Certainly, they can do that. We Burr Isakson Sanders on fair treatment on the most impor- Byrd Kennedy Schumer tant issue on the minds of the Amer- can spend considerable time on that. Cantwell Kerry Sessions ican people today; that is, the war in As long as progress is being made, Cardin Klobuchar Shelby there is no reason to file cloture. There Carper Kohl Smith Iraq. The Senate simply cannot—and I Casey Kyl Snowe have heard Senator BYRD make these are other things we need to do the fol- Chambliss Landrieu Specter points on numerous occasions—cannot lowing week during the work period. Clinton Lautenberg Stabenow operate this way. The Senate Repub- We are anxious to go forward on this Coburn Leahy Stevens licans insist on one or more amend- issue. We have, again, been stopped Cochran Levin Sununu from doing that. All the plaintive cries Coleman Lieberman Tester ments on the most important issue Collins Lincoln Thomas confronting our country—the war in about not being able to debate Iraq— Conrad Lott Thune there were opportunities to debate Corker Lugar Vitter Iraq. What I had hoped was that the distin- Iraq, and they were turned down. I was Cornyn Martinez Voinovich disappointed, as I said earlier today, Craig McCain Warner guished majority leader and myself Crapo McCaskill Webb would be able to work out a consent that the people crying the loudest are DeMint McConnell Whitehouse the people against going forward on agreement that would allow us to Dole Menendez Wyden Iraq. have—he would pick his amendment, NOT VOTING—7 It is my understanding, Mr. Presi- and it is apparent the amendment the dent, that the order is Senator LEAHY Boxer Gregg Johnson majority would like to have is the Dodd Hutchison has 1 hour right now. Ensign Inhofe House-passed concurrent resolution, The PRESIDING OFFICER. The Sen- The nomination was confirmed. and then there would be an alternative, ator from Pennsylvania is to be recog- The PRESIDING OFFICER. Under at least one alternative. Many of my nized first for 10 minutes and then Sen- the previous order, the motion to re- Members would like to have more than ator LEAHY. consider and lay on the table is agreed one alternative in this extremely im- The Republican leader is recognized. to, and the President will be imme- portant debate, but at least one alter- Mr. MCCONNELL. Mr. President, we diately notified of the Senate’s action. native on this side of the choosing of are not here today, I assume, to debate the majority of Republicans. So, there- f the substance of the Iraq matter, but it fore, I object. is important to remember that both LEGISLATIVE SESSION The PRESIDING OFFICER. Objec- the majority leader and the majority Mr. REID. Mr. President, I announce tion is heard. The majority leader is whip in December were saying a surge to all Democratic Senators: We are recognized. might be a good idea, and now they are having a caucus in Room S–219. The Mr. REID. Mr. President, I have told saying the only resolution we should subject matter of this caucus is inter- the distinguished Republican leader have before the Senate is one con- esting. that when we get to the matter dealing demning a surge. Let me repeat, that is I have a unanimous consent request with implementing the 9/11 rec- not the way the Senate works. that I am going to propound. ommendations, that will be a vehicle So I would like to propose a unani- Mr. President, I ask you and the which will be open to debate and mous consent request, Mr. President. other Members to be patient. I am hav- amendment. I ask unanimous consent that on ing a little script prepared for me to The unanimous consent request I Tuesday, February 27, at a time deter- read. propounded would complete work on mined by the majority leader, after

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2007 CONGRESSIONAL RECORD — SENATE S1989 consultation with the Republican lead- jority leader and myself ought to sit have on the resolution that was passed er, the Senate proceed en bloc to the down, work out a consent agreement, a in the House, which I feel I could not following concurrent resolutions under reasonable consent agreement to both vote for because it is nonbinding—it is, the following agreement: a concurrent sides, and structure the debate for our again, to support the troops but not resolution, if received from the House, return. the mission, which I think is certainly the text of which is at the desk; S. Con. Mr. MCCAIN. Mr. President, will the unique in regards to how people feel Res. 7, the Warner resolution which is Senator yield for a question? about this—and that, basically, the to be discharged from the Foreign Re- Mr. MCCONNELL. I will yield to the McCain resolution, which I support, lations Committee; the McCain-Gra- Senator from Arizona. which sets out the benchmarks to give ham-Lieberman amendment regarding Mr. MCCAIN. Mr. President, is the to General Petraeus and to give to benchmarks; the Gregg amendment re- minority leader aware of the content of Prime Minister Maliki to gain some lated to funding. the measure that is proposed by my- kind of catalyst or effort that would I further ask unanimous consent that self, Senator LIEBERMAN, Senator GRA- say: Look, this is where the Senate there be a total of 12 hours of debate HAM, and others? What it is, is a pro- stands, and hopefully we can get these equally divided between the two lead- posal to set up benchmarks but also to things done so that we can see some ers or their designees; provided further, support the surge or the change in progress, to see if it is possible to that no amendments be in order to any strategy. achieve some security in Iraq and give of the measures; further, that at the Can the Republican leader explain to that Government a political settle- use or yielding back of time, the Sen- me why it is we shouldn’t have a pro- ment. And the second amendment I am ate proceed to four consecutive votes posal that opposes the surge, with a talking about is the one of Senator on the adoption of the concurrent reso- vote on that, and a proposal that sup- GREGG, as I understand it. lutions in the following order, with no ports it and a vote on that? Mr. REID. Mr. President, I ask for further action or intervening debate: I have only been around here 20 regular order. first, McCain-Lieberman-Graham, then years, not nearly as long as Senator The PRESIDING OFFICER. Senators Gregg, then Warner. BYRD has, whom Senator MCCONNELL are allowed to yield for questions. Finally, I ask unanimous consent referred to, but aren’t we allowed to Mr. ROBERTS. Mr. President, I that any resolution that does not re- have competing resolutions to debate, would just ask what the play is, if I can ceive 60 votes in the affirmative, the with time agreements, such as the mi- do that? vote on the adoption be vitiated and nority leader proposed? Why in the Mr. MCCONNELL. Mr. President, I the concurrent resolution be returned world would we not agree to a resolu- say to my friend from Kansas that the to its previous status. tion that would be in opposition to the status of the majority here is that we The PRESIDING OFFICER. Is there resolution the majority leader insists would have no alternatives at all. objection? on voting on by itself? I have never Mr. ROBERTS. Mr. President, the Mr. REID. Reserving the right to ob- seen the Senate work this way. I have one I would ask about, if I can ask a ject. The PRESIDING OFFICER. The ma- never seen the Senate only allow one further question, is that of Senator jority leader. proposal to be debated and voted on. FEINGOLD. It seems to me, if we are Mr. REID. Mr. President, again, this We have a proposal that we think de- going to have a full debate, all choices is an attempt to divert attention from serves debate and votes. need to be considered, and the amend- the issue before this body; that is, I ask the Senator from Kentucky, ment offered by Senator FEINGOLD whether there should be a surge in who has been here longer than I have should be considered and should be Iraq. That is it—an escalation. And been, if he has ever seen anything quite made in order. That has taken a lot of this attempt by my friend, the Repub- like this on a major, compelling, over- courage for him to offer such an lican leader, to divert attention from whelming issue before the American amendment in a very forthright man- this very important resolution—we people? ner. I will say that I don’t agree with support the troops, we oppose the esca- Mr. MCCONNELL. Mr. President, I it, but in discussions about the rami- lation—is now going to be obfuscated would say to my friend from Arizona fications of all of these resolutions, if, in fact, we agree to this request, and that I am as astonished as he is. which are nonbinding and which I call therefore we will not. This side was willing, after consider- confetti resolutions because they do This body is going to have the oppor- able discussion back and forth, to go not do anything except send very dif- tunity to vote up or down if, in fact, we down to one alternative, and the Sen- ficult messages to everybody, I think can proceed to the resolution. This ator from Arizona graciously agreed that ought to be made in order and body will have an opportunity to vote that his would not be the one, that we that ought to be a choice. up or down: Do you support the troops? would offer the Gregg amendment. Mr. MCCONNELL. Mr. President, I Do you support the surge? Even that was an astonishing conces- would certainly agree with my friend I object. sion on the part of the minority, an as- from Kansas that it might be in order The PRESIDING OFFICER. Objec- tonishing concession on the part of the to have multiple amendments on the tion is heard. The Republican leader is minority to a rather narrow majority other side, but certainly that would be recognized. to get the debate going. The vote we up to the other side to decide. Mr. MCCONNELL. Mr. President, if had a week or so ago was to continue Let me just conclude before yielding this were to be allowed, this would be the debate. the floor that the message here is the second bill in a row where no The message is clear: The majority clear: Senate Republicans are going to amendments would have been offered can gridlock the Senate over this issue insist on being treated fairly. Sec- to a 49-member Republican minority. I with its insistence there be no choices ondly, I am hoping the majority leader have been here a couple of decades now, or the majority leader and I can sit and myself can structure an appro- and I am having a hard time recalling down and do what we should do, which priate consent agreement so that we a situation such as this. This is the is to reach a reasonable consent agree- can consider this matter in the near fu- kind of thing Senator BYRD would get ment for the consideration of alter- ture. on his feet and decry as inappropriate natives on the single biggest issue con- I yield the floor. in a body that thrives on debate and fronting America today. The PRESIDING OFFICER. The ma- resolution. It is astonishing to me that Mr. ROBERTS. Mr. President, will jority leader is recognized. it is being suggested, on the single big- the minority leader yield for a ques- Mr. REID. Mr. President, I wrote gest issue confronting the American tion? down the plaintive cries from my people, that we would have 1 choice, Mr. MCCONNELL. I will yield to the friends on the other side of the aisle: dictated by a Democratic majority of Senator from Kansas for a question. never seen the Senate work this way. 51 in a body of 100. That is simply unac- Mr. ROBERTS. Mr. President, I just I say to my friend, the distinguished ceptable to this side of the aisle. wanted to make it clear to myself and senior Member of this body, Senator I think the message here from this others what we are facing here; that is, BYRD, who has a fine memory, we have discussion this morning is that the ma- there would be only one vote we would memories. Now, there are 10 Senators

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1990 CONGRESSIONAL RECORD — SENATE February 15, 2007 here who may not, but we remember, a concurrent resolution, if received a motion to proceed, and they voted on a multitude of issues when we were from the House, the text of which is at against it. They have come back since in the minority, when we had no oppor- the desk; S. Con. Res. 7, the Warner saying they want the opportunity to tunity to debate anything or to offer resolution which is to be discharged debate. They can’t have it both ways. amendments on anything. from the Foreign Relations Com- The PRESIDING OFFICER. Regular One of the other words issued was mittee; McCain-Lieberman-Graham re- order to proceed is called for. Under ‘‘astonished.’’ Mr. President, we are in garding benchmarks; and Gregg related the previous order, the Senator from the U.S. Senate. Anyone with any to funding. Pennsylvania is to be recognized for 10 memory whatsoever understands how I would further ask consent there be minutes. we were treated before, but when I be- a total of 12 hours of debate equally di- Mr. SPECTER. Mr. President, I had came the majority leader, I said that I vided between the two leaders or their requested 10 minutes to speak on the believed in the Golden Rule. I said I designees; provided further that no judges, but I want to use a few mo- would treat people the way I want to amendments be in order to any of those ments here to talk about what is on be treated, that this is not any time to measures; further, that at the use or the table. retaliate. In fact, I have followed the yielding back of time, the Senate pro- We have just seen the Senate, for the Golden Rule. We have had bills, such as ceed to four consecutive votes on the better part of an hour, with a majority the matter dealing with ethics or the adoption of the concurrent resolutions of the Senators on the floor, dem- matter dealing with minimum wage, in the following order, with no further onstrate gridlock and paralysis. I have and, of course, the CR we just finished action or intervening debate: the Gregg an observation to make—and perhaps had input from both sides or it would amendment; S. Con. Res. 7, the Warner it would be an admonition or a warn- not have passed. resolution; the House resolution; and ing—that the Senate is about to be- So I would say this: We can go with the McCain-Lieberman-Graham bench- come irrelevant. We have, on the other the unanimous consent request I have marks. side of the Rotunda, the House of Rep- propounded, and within a few hours, Finally, I ask consent that any reso- resentatives taking up the issue of when that day ended, the 12 hours lution that does not receive 60 votes in Iraq, which all Members here, with the ended, we could be on whatever amend- the affirmative, the vote on the adop- speeches just made, agree is the most ments they wanted to offer to the tion be vitiated and the concurrent res- pressing issue facing the country, but homeland security measure. olution be returned to its previous sta- the Senate can’t address it. And the I will go one step further than that. tus. Senate can’t address it because the ma- My friend from Arizona has suggested Mr. REID. Mr. President, I ask that jority leader has exercised his right that he be allowed to offer his amend- the request be modified to say that the under rule XV to fill the tree, which ment. I would accept that, that we do amendments that would be in order precludes any action by the Repub- the House-passed resolution and we do would be the House measure to which licans, unless we Republicans exercise the McCain amendment and we spend we referred, where we are in favor of our right to withhold cloture. Mr. BYRD. Mr. President, will the 12 hours on those two matters the supporting the troops and against the Senator yield? minute we get back here after this surge, and the McCain amendment. Mr. SPECTER. I will be glad to yield break, or if they want to do it tomor- I would say editorially, Mr. Presi- dent, that is what the Senator from Ar- but on additional time. row or Monday, I would agree to that. The PRESIDING OFFICER. Without izona asked, and we will give it to him. So my proposal, without a lot of objection, it is so ordered. We will have that debate, one in favor fancy words here, Mr. President, is we Mr. SPECTER. I will yield to the of the surge and one against the surge. would take up the House measure that Senator from West Virginia for a ques- I ask my friend to modify his re- is now before this body—it is going tion. quest. through the process and is at the Mr. BYRD. Mr. President, I just want The PRESIDING OFFICER. Will the desk—and also do the McCain amend- to interpose a point here. Republican leader modify his request? ment. Those two matters, those two I think I heard the Senator make ref- Mr. MCCONNELL. Mr. President, I resolutions, one opposing the surge and erence to the majority leader having think the majority has already offered one in favor of the surge. No other the right to fill the tree. No, he amendments would be in order. We this suggestion just a while back. Mr. REID. I am asking if the minor- doesn’t. He does not. He has the right if could do that. We can have a debate on ity leader will modify his request. no other Senator seeks recognition. that, and then still, just a matter of Mr. MCCONNELL. I, therefore, ob- But once the majority makes a motion hours later, we can move to homeland ject. or sends an amendment to the desk, at security, and the people who believed Mr. REID. I object. that second he loses the floor until the they had been left out of the debate The PRESIDING OFFICER. Objec- Chair states its business, and while he could offer whatever amendments they tion is heard. has lost the floor, another Senator can wanted to on homeland security. That The assistant majority leader is rec- seek recognition. I merely make the is my proposal. ognized. point the majority leader does not have The PRESIDING OFFICER. Is there Mr. DURBIN. Mr. President, the Sen- ‘‘the right.’’ No other Senator has ‘‘the objection? ate has heard this song before. We right’’ to fill the tree. If other Senators Mr. MCCONNELL. Reserving the heard it 2 weeks ago, and we have lis- do not intervene, then of course he will right to object, and I will object mo- tened as seven or eight Members on the fill it. mentarily, once again the majority other side have come to the floor re- Mr. SPECTER. Mr. President, if I leader seeks to choose the Republican peatedly day after day. They have sent may regain the floor because I have a amendment. We were there last week letters and held press conferences say- very limited time, my observations when the majority leader indicated ing they earnestly want us to move for- after being here for 26 years-plus are that he would agree to an amendment ward on this issue, though they voted that when the majority leader then on each side but that he wanted to pick against it. They voted against the mo- seeks recognition again, he gets it. our amendment. So I am constrained tion for cloture that would have Mr. BYRD. Yes. to object on the basis that we on this brought us to a debate on the issue, Mr. SPECTER. And when he makes side would choose, if we were to only and it is on their own legislation. the amendment in the first-degree and have one resolution, what it would be. We offered them two Republican then he seeks recognition again, he I, therefore, object. amendments, the Warner amendment gets it, an amendment in the second Mr. President, I ask unanimous con- and the McCain amendment, one oppos- degree, and he does fill the tree. sent that on Tuesday, February 27, at a ing the surge and one supporting the Last week I proposed to change the time determined by the majority lead- surge. They wouldn’t accept it. rule. This rule has been exercised by er, after consultation with the Repub- Mr. SPECTER. Regular order, Mr. Senator Dole, Senator Mitchell, Sen- lican leader, the Senate proceed en President. ator BYRD, and all the majority leaders bloc to the following concurrent reso- Mr. DURBIN. When they did not ac- in the last two decades. I think it is lutions under the following agreement: cept this, a cloture motion was filed on time we change the rule.

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2007 CONGRESSIONAL RECORD — SENATE S1991 We are not going to change the rule rights as Senators and they ought to relevant and we do not present a pic- now. But I do believe that the Senate is speak up so they can be heard and they ture to the American people of grid- in real danger of becoming irrelevant. I ought to pay attention. We don’t need lock and paralysis, but we show we are don’t think we ought to be dominant new rules. We have rules that have still the world’s greatest deliberative over the House of Representatives, but been here for many years, and they body because we are about to cede that I think we ought to at least be equal. have been tried and tried and tried title to the House of Representatives Mr. BYRD. Will the Senator yield? again. We need to read the rules. Sen- which as we speak is deliberating, Mr. SPECTER. No; I wish to finish. I ators should read the rules and Sen- which we are not doing—and that we think we ought to at least be equal. ators should understand that they are take up the Iraqi issue and we show the What we have is that we are close to Senators and they should be proud of American people and the world we can anarchy. We have been debating the de- that fact. We should demand that the reach an accommodation, we can debate all week. The House has rules rules be observed. I could do that. bate in accordance with the traditions which we wouldn’t want, where the Every Senator can. We don’t need new of the Senate. Rules Committee goes off and comes rules. We simply need to understand I ask my colleagues to seriously con- back and limits what the House of Rep- the rules we have. We need to insist on sider the resolution I introduced to resentatives can do. Sometimes that is those rules, and the Chair ought as change rule XV. despotism, and between anarchy and well to insist that the rules be ob- I agree with Senator BYRD. We do not despotism, it is a fairly tough choice. served. need more rules, but we need a little But right now, I am finding it dif- No Senator needs to seek recognition modification of rule XV. ficult—impossible—to answer my con- to have the rules observed. I thank my colleague from Vermont stituents about what the Senate is Mr. SPECTER. Mr. President, reg- and yield the floor. The PRESIDING OFFICER. The Sen- doing. I tell them the tree is filled. ular order. May I reclaim my time? ator’s time has expired. The Senator They think I am talking about an or- The PRESIDING OFFICER. The Sen- from Alaska is recognized. chard. I tell them we are debating ator from Pennsylvania. Mr. STEVENS. Mr. President, I have Mr. SPECTER. How much time re- whether we are going to have a debate, not been here as long as my good friend mains, Mr. President? and they can’t understand what we are from West Virginia, but I am the senior The PRESIDING OFFICER. Three doing. Member of this side. I cannot remem- I counted the Senators on the floor minutes. ber a time when we tied together the during the exchange between the ma- Mr. STEVENS. Will the Senator concept of filing a first-degree amend- yield to me for a parliamentary in- jority leader and the Republican lead- ment, then a second-degree amend- quiry? What is the time situation? The er. We had more than 50 Senators here ment, with cloture so it entirely shut Senator has 3 more minutes. What fol- sitting around on the debate for a de- off any participation by the minority. bate without reaching a resolution. I lows the Senator? It has been stated here it has happened. The PRESIDING OFFICER. The Sen- think Senator MCCONNELL is correct. I I do not recall that. I do recall back in ator from Vermont has 1 hour in morn- do not say that in the partisan sense, if the days of the Clinton administration, I can attract the attention of the dis- ing business, succeeded by the Repub- Senator BYRD had a proposal, a similar tinguished Republican leader. I think lican leader. proposal, but we had a big ruckus. I am Mr. STEVENS. I have been around he is correct. But I repeat I do not say sure the Senator remembers. Senator it in a partisan sense. There ought to for a little while. I would like to see if Dole was our minority leader then. be an accommodation and there ought I could have 3 minutes following the This is a defining moment for the to be an agreement reached between Senator from Pennsylvania. Senate. Because as the Senator from the leaders. When you have the pro- The PRESIDING OFFICER. Is there Pennsylvania has indicated, if the ma- posal to have a variety of resolutions, objection? jority of one can go to the House and that is the way of the Senate. Mr. LEAHY. Mr. President, reserving negotiate a bill and bring it back and Senator MCCAIN has been here for 20 the right to object, I have yielded al- there are not going to be any amend- years. Senator MCCONNELL has been ready to Senator SPECTER on my hour. ments, we are going to file a first-de- here for 22 years. I have been here for So far I have been dramatically chang- gree amendment, a second-degree 26 years. Senator BYRD has been here ing and changing the schedule of my amendment, and have cloture or else— for—I can’t count that high—48 years, office to accommodate everybody. The the Senate is totally irrelevant. going onto 49. This is not the way the Senator from Alaska is one of the old- Having been in the minority and in Senate ought to work. But it is the est and dearest friends I have here. If the majority, I think the majority way the Senate has worked, with all he wants 3 minutes, I will not object to ought to think twice. There is only one the majority leaders in the last two him following Senator SPECTER for 3 vote difference here right now, two decades exercising their right of rec- minutes. But then I will insist and will votes when our good friend from South ognition and filling the tree and tying not yield on my hour after that be- Dakota comes back. But as a practical up the Senate. cause we created too many problems matter, the rights of the minority— Now the Senate is finally caught. We already in my schedule. really the whole country—depend upon are finally caught where America and Mr. STEVENS. I thank the Senator. the minority in the Senate having an the world sees what we are doing. It is The PRESIDING OFFICER. Without opportunity to voice some of the con- a little ridiculous to have this kind of objection, it is so ordered. The Senator cerns about what has happened in the gridlock and this kind of paralysis. from Pennsylvania. House. How much time do I have left, Mr. Mr. SPECTER. Mr. President, on the I say, in all sincerity, this is a defin- President? I have to talk about the sequence of speakers, I ask that fol- ing moment. I believe the message we judges. lowing Senator LEAHY’s 1 hour, there are trying to send on this Iraq resolu- The PRESIDING OFFICER. The Sen- be 5 minutes for Senator CRAPO and 5 tion is wrong. I think it is harming the ator has 4 minutes 40 seconds. minutes for Senator CRAIG to talk people who represent us in Iraq and Af- Mr. SPECTER. Let me yield to the about a judicial nomination. ghanistan. Even Afghanistan is coming Senator from West Virginia who want- The PRESIDING OFFICER. Is there back. We are going to have to send a ed recognition—for a question. objection? Without objection, it is so new group, the 175th, over there to deal Mr. BYRD. Mr. President, I thank ordered. with al-Qaida in Afghanistan, again. the distinguished Senator for yielding. Mr. SPECTER. As a final statement, Our people need support, and we need I have this comment. First of all, I it is my hope that the majority leader, to be able to articulate the reasons wish to congratulate the Senator. He is Senator REID, and Republican leader, why we support them. If we follow the very observant. He is concerned about Senator MCCONNELL, before the day is outline of the majority leader, we will the Senate. He understands the rules. up, will come to terms and will an- not have that chance except by talking But while he understands the rules, we nounce some accommodation so that and talking. But no amendments. do not need any more rules. We have there can be a fair resolution of the de- It is not right. It is not the Senate. I rules. Senators need to insist on their bate—so this body does not become ir- do not intend to stand by and see the

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1992 CONGRESSIONAL RECORD — SENATE February 15, 2007 Senate lose its role under the Constitu- about the war in Iraq. My guess is it is Remember how the Vice President tion to be the second House of the Con- no different in any other State. confidently said we would be welcomed gress. This is not a rubberstamp for the These are very patriotic, very honest, as liberators? Some welcome. Remem- House. That is what we will be if we very concerned people, and they have ber the President, dressed up in a flight follow the intention of the majority legitimate questions. They always ask: suit on an aircraft carrier so he could leader now. Why isn’t the Senate debating the war make a rousing speech under the sign Mr. LOTT. What is the order, Mr. in Iraq? ‘‘Mission Accomplished.’’ Thousands of President? A week ago, Senator REID, the distin- Americans have been killed or injured guished majority leader, tried every f in Iraq in the years since that phony which way to provide the Senate with photo op. LEGISLATIVE SESSION an opportunity to debate a bipartisan The flawed policies of this adminis- The PRESIDING OFFICER (Mr. resolution on Iraq. That effort failed, tration have thrust our troops into the TESTER). Under the previous order, the and it failed again earlier today. It was maw of a bloody civil war. Our troops Senate will resume legislative session. blocked by some in the Republican are not responsible for the mistaken Party who insisted on a separate vote policies they have been asked to imple- f that was nothing more than a political ment. Policymakers in Washington are MORNING BUSINESS ploy. Instead of a debate on the Presi- responsible for that and only we can dent’s policy, they wanted the debate The PRESIDING OFFICER. Under change those policies. to be about who supports the troops. My youngest son was a member of the previous order, the Senate will con- We all support the troops, but we have the Marine Corps. He was called up duct a period of morning business. some very different views about the during the first Gulf War. He saluted The Senator from Vermont is recog- President’s policy that put brave and was ready to do his duty, as are all nized for 60 minutes. American men and women in harm’s the loyal men and women in our armed Mr. LEAHY. Mr. President, I am way. services. That was a different war. going to speak on Iraq, but first—I see As so often is the case when anyone Thank God it was over so quickly. Nei- the distinguished Senator from Mis- asked a question, expressed reserva- ther he nor many others called up were sissippi and the distinguished Senator tions or outright opposed the Presi- in harm’s way. from Pennsylvania on the floor—I will dent’s policy in Iraq, the President’s But the policymakers made this pol- introduce a bill on behalf of myself, defenders accuse his detractors of not icy and only they can change it, not Senator SPECTER, Senator LOTT, and being patriotic or of not supporting the the troops on the ground. The polls Senator REID, regarding the insurance troops. What blatant balderdash that show, unmistakably, that a majority of industry. is. the American people want the Congress (The remarks of Mr. LEAHY, Mr. LOTT For years I have fought for veterans’ to debate and vote on the Iraq war. and Mr. SPECTER pertaining to the in- benefits, for fair treatment for the Na- They know it is the key issue of the troduction of S. 618 are located in to- tional Guard, for armor for our troops day. They see it is a widening civil war. day’s RECORD under ‘‘Statements on In- who were sent by this administration They want their sons and daughters to troduced Bills and Joint Resolutions.’’) into battle unprepared—and still, 5 come home pursuant to as sensible a f years later don’t have the armor their plan as we can muster. vehicles need to withstand the roadside It is that simple. We ought to be de- IRAQ bomb blasts. I have fought to replace bating that. If there are Senators who Mr. LEAHY. Mr. President, earlier the depleted stocks of equipment that feel the troops should be there longer, today there was a lot of discussion here our troops need and depend upon so that more of them should be sent about whether and how we should have their families do not have to send to there, then come to the Senate and say a debate on the Iraq war. I cannot them what the Government should be so. But also, there are those who feel think of any issue more important to providing. The absurd accusation that we have to do all we can to bring our the Senate. it is unpatriotic to disagree with a pol- men and women home. We should have I have said many times that the 100 icy that has resulted in the deaths of the opportunity to debate and vote on men and women who serve here are thousands of American soldiers and it. privileged to do so. Someday, someone created a terrorists’ haven in a country The costs of this misadventure have from our State will replace us. That is that, before our invasion, posed no not just been onerous, they have been the genius of the Founders of this threat to the United States, has worn catastrophic. More than 3,000 Ameri- country. However, there are only 100 thin. cans killed, more than 20,000 wounded. Members. There are 300 million Ameri- It reminds me of my days as a pros- My wife and I have visited some of the cans. The 300 million Americans expect ecutor, when a defendant was caught wounded. These are devastating the 100 Senators to speak for them. red-handed. What would they do? They wounds, crippling wounds, blinding They do not have that opportunity would usually attack the accuser. They wounds, wounds that disable people for themselves. could not say ‘‘You caught me break- the rest of their lives. And tens of I consider it a great privilege to be ing and entering.’’ Rather, their de- thousands of innocent Iraqis have lost here. I used to sit up in the gallery fense was ‘‘I was set up.’’ Or ‘‘He made their lives. when I was a law student and watch me do it.’’ That is what has been going In material terms, we are fast ap- the Senate, and I thought then as I do on since President Bush, Vice Presi- proaching the $1 trillion mark. We are today that the Senate should be and dent CHENEY, and former Secretary of throwing money out the door at a rate often is the conscience of the Nation. Defense Rumsfeld ignored all advice to of more than $2 billion per week to I heard the debates during the time the contrary and led us into this costly fund this war. We are told about the of the Vietnam war. I became the only fiasco. things we cannot afford in America be- Vermonter to actually vote on whether These are the people who, when they cause we have to fund the war in Iraq. to continue that war. Today, we have a had a chance to get Osama bin Laden— We are cutting funds for law enforce- different war but many people in this and we all want to see Osama bin ment, for police on our streets so we country are as concerned. Those for the Laden brought to justice for the at- can pay for police in Iraq. We can’t up- war in Iraq, those against the war in tacks on September 11—when they had grade our hospitals. And on and on. Iraq. him cornered in Afghanistan, they de- And the international reputation of I go to my State of Vermont and ev- cided instead to invade Iraq. Iraq did America, which has brought us great erywhere I go, whether I am in buying not pose a threat. Iraq did not have influence, has now been tarnished, es- groceries and people come talk to me weapons of mass destruction. The in- pecially among our allies, tarnished or I am at the gas station or if I am telligence was as equivocal as it was and diminished. shoveling snow—and yesterday we had distorted and manipulated. But the Where are we in Iraq? We are in the 21⁄2 feet of snow at my home in President was fixated on Iraq, and he midst of a civil war among religious Vermont—people stop and want to talk has remained so ever since. and ethnic factions, an insurgency that

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2007 CONGRESSIONAL RECORD — SENATE S1993 shows no signs of diminishing and out- ignore it. He has already said so. We The PRESIDING OFFICER. Twenty- of-control organized crime. It is hard know it is only a first step. eight minutes. to say we have made any real progress I will support binding legislation by Mr. LEAHY. Mr. President, I know toward the larger objective of bringing Senators OBAMA and FEINGOLD to begin people are about to object. I can assure democracy to Iraq and the Middle East. a phased redeployment of our troops the Senator from New York—so he will It is time we face this grim reality. out of Iraq. It is not our role to choose not have to repeat his request—that he Our soldiers’ lives are in the balance. sides in this civil war, and it is a pre- is going to be getting time after the ob- America’s reputation is in the balance. scription for disaster. It is not our jection is made. I am going to make a America’s ability to set an example for troops’ role to die trying to force these statement, a very short statement, but the rest of the world is in the balance. warring factions to settle their age-old I will yield at the appropriate time. I made a brief statement on Tuesday differences. Mr. SCHUMER. Mr. President, I about a column in last Sunday’s Wash- We need to continue to fight the thank my colleague. ington Post by retired LTG William Taliban and al-Qaida in Afghanistan. The PRESIDING OFFICER. Is there Odom. I know General Odom. I worked We need to deploy sufficient forces and objection to the request of the Senator with him on some of the most signifi- intelligence assets to track down inter- from Vermont? cant intelligence matters in this coun- national terrorists around the world. The Senator from Idaho. try. He has one of the most distin- We need to do a lot better job of polic- Mr. CRAPO. Mr. President, it is my guished military intelligence careers. ing our borders, without denying entry understanding the Senator from Ari- He continues to provide powerful in- to innocent people who are fleeing per- zona does desire to object to this unan- sights on national security. In his piece secution. imous consent proposal and could not entitled ‘‘Victory Is Not An Option,’’ General Odom is right, keeping our be here on the floor, so on his behalf, I he outlines how this administration’s troops in Iraq is not making us safer. do object. entire policy in Iraq, including the so- We should be bringing our troops home. The PRESIDING OFFICER. Objec- called surge strategy, is based on a We should be bringing them home with tion is heard. self-defeating inability to face reality. the thanks of a nation for doing their The Senator from Vermont. The reality, according to the general, duty. Congress has the power to force Mr. LEAHY. Mr. President, last is that we are not going to make Iraq the President to change course. That is week, the Judiciary Committee a democracy. The longer we stay, the what the American people want. That reached a bipartisan consensus to re- more likely Iraq will be anti-American is what we should be debating. verse recent changes to the law gov- at the end of our intervention. Think f erning appointments of interim U.S. of that, after $1 trillion. UNANIMOUS-CONSENT REQUEST— attorneys. These changes were made, Our invasion made civil war and in- S. 214 with little transparency, during final creased Iranian influence inevitable. negotiations of the reauthorization of Mr. LEAHY. Mr. President, I am No amount of military force will pre- the USA Patriot Act. Through my about to propound a unanimous con- staff, I had objected at the time, but to vent those outcomes. Meanwhile, our sent request. I saw the distinguished no avail. These changes invited and presence is only stoking al-Qaida’s in- Senator from Arizona on the floor a abetted an apparent abuse of power by volvement in Iraq. moment ago, and I told him I would no- The reality is that supporting our this administration that threatens to tify him because I know he is going to troops does not mean keeping them undermine the effectiveness and profes- object. I also see the distinguished Sen- there to carry out a failed strategy. It sionalism of U.S. attorneys offices ator from Idaho, who will. But, Mr. means pursuing a course that protects around the country. President, what I am going to do is the the country’s interests and prevents I continue to support Senator FEIN- following: I ask unanimous consent more Americans from dying in pursuit STEIN’s efforts to combat these abuses. that the Senate proceed to the imme- of an ill-defined, open-ended strategy I thank Senator SCHUMER for chairing diate consideration of Calendar No. 24, that cannot succeed. our hearing into this matter last week S. 214, a bill to preserve the independ- General Odom knows we need to and Senator SPECTER for his active in- ence of U.S. attorneys, that the com- begin an orderly withdrawal from Iraq. volvement, which helped lead to a bi- mittee-reported amendment be agreed He argues we should join with other partisan solution. I urge the Senate to to, the bill, as amended, be read three countries in the region, those whose follow the committee’s lead and ap- times, passed, and the motion to recon- input this administration has often ig- prove the Specter, Feinstein, Leahy sider be laid upon the table, without nored, and seek to stabilize the region substitute to S. 214, the Preserving any intervening action or debate. United States Attorney Independence through sustained, high-level diplo- The PRESIDING OFFICER. Is there Act of 2007. macy. These views are in line with objection? those of some of our senior military of- Mr. SCHUMER. Mr. President, re- During the Patriot Act reauthoriza- ficers, national security experts and serving the right to object. tion last year, checks on the authority many in Congress, and I might say a The PRESIDING OFFICER. The Sen- of the Attorney General to appoint in- majority of the American people. The ator from New York. terim U.S. attorneys to fill a vacancy people we are here to represent. Mr. SCHUMER. And I will not object, temporarily were removed. The change Look at what the administration and but I wish to say a word before we pro- to the law removed the 120-day limit defenders of the Republican Party offer ceed further. I just want to urge my for such appointments and removed the instead: We get filibusters when it is colleagues to accept this unanimous district court’s role in making any sub- time to debate the President’s Iraq pol- consent request by Senator LEAHY to sequent interim appoints. This change icy, we get the same old rhetoric about move forward legislation on restoring in law, accomplished over my objec- not supporting the troops, and we get a the longtime procedure for appointing tion, allowed the Attorney General for bill from the President for another $100 interim U.S. attorneys. the first time to make so-called in- billion to send 20,000 more troops and I ask unanimous consent that after terim appointments that could last in- continue the war. If the President can- objection is heard, if it is heard, Sen- definitely. not face the reality that even some ator LEAHY be permitted to yield 5 Regrettably, we do not have to imag- Members of his own party increasingly minutes to me and then he imme- ine the effects of this unfettered au- have come to accept, then it is our re- diately regain the floor. thority. We learned recently that the sponsibility—I would also say our pa- The PRESIDING OFFICER. There is Department of Justice has asked sev- triotic duty and our moral duty—to one unanimous consent request pend- eral outstanding U.S. attorneys from act. ing at this time, and that needs to be around the country to resign their po- A nonbinding resolution that sends a resolved before we move forward. sitions. Some are engaged in difficult clear message in opposition to an esca- Mr. LEAHY. Mr. President, par- and complex public corruption cases. lation of troops is far better than the liamentary inquiry: How much time is Yesterday, one of the U.S. attorneys years of silence of a rubberstamp Con- remaining of the hour the Senator who has been told to resign, Carol Lam gress. But we know the President will from Vermont has? of the Southern District of California,

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1994 CONGRESSIONAL RECORD — SENATE February 15, 2007 announced two indictments stemming to make a time-limited interim ap- munication, Illinois State University, from her office’s investigation of now- pointment has not proven to be a prob- found that between 2001 and 2006, 79 convicted former Congressman Randall lem. For example, last Congress, the percent of the elected officials and can- ‘‘Duke’’ Cunningham. A Federal grand time from nomination to confirmation didates who have faced a Federal inves- jury handed up indictments of San of U.S. attorney nominations took an tigation were Democrats and only 18 Diego defense contractor Brent R. average of 71 days, with only three tak- percent Republicans. The administra- Wilkes for bribery and of Wilkes and ing longer than 120 days and two of tion’s track record is not good and it the former No. 3 official at the CIA, those only a few days longer. again appears caught with its hand in Kyle ‘‘Dusty’’ Foggo, for conspiring to The Department opposes the district the cookie jar. defraud the United States. Apparently, court’s role in the law that existed Before 1986, 28 U.S.C. 546, the law gov- Ms. Lam’s reward for her efforts at prior to the changes enacted in a Pa- erning the appointment of U.S. attor- rooting out serious public corruption is triot Act reauthorization conference. neys, authorized the district court a pink slip. This was a conference in which Demo- where a vacancy exists to appoint a We also understand the Attorney cratic Members were excluded. The De- person to serve until the President ap- General has or is planning to appoint partment claims the district court’s pointed a person to fill that vacancy interim replacements for the U.S. at- role in filling vacancies beyond 120 with the advice and consent of the Sen- torneys he is removing, raising a po- days to be inconsistent with sound sep- ate. When Congress changed the law in tential of avoiding the Senate con- aration of powers principles. That is 1986 to allow the Attorney General to firmation process altogether. This is an contrary to the Constitution, our his- appoint an interim U.S. attorney, it end-run around our system of checks tory and our practices. In fact, the carefully circumscribed that authority and balances. practice of judicial officers appointing by limiting it to 120 days, after which Many Senators have raised concerns officers of the court is well established the district court would make any fur- about this practice, and several have in our history and from the earliest ther interim appointment needed. I was asked the Attorney General about the days. Morrison v. Olson should have pleased that Senator FEINSTEIN worked reasons for the interim appointments. laid to rest the so-called separation of so hard with Senator SPECTER to craft The situation in Arkansas highlights powers concern now being trumpeted a worthwhile consensus measure to re- the troubling nature of this new au- to justify these political maneuvers instate these vital limits on the Attor- thority and its abuse. The Attorney within the Justice Department. It is ney General’s authority and bring back General removed respected U.S. attor- not just a red hearing but a bright red incentives for the administration to ney Bud Cummins and replaced him herring. Certainly no Republicans now fill vacancies with Senate-confirmable with the interim appointment of Tim defending this administration voiced nominees. This measure has bipartisan Griffin, a former political operative for concern when a panel of judges ap- support on the committee. We reported Karl Rove. This appointment was not pointed Ken Starr to spend millions in it out 13–6 after debating and voting made pursuant to an agreement with taxpayer dollars going after President down several amendments. U.S. attorneys around the country the two home State Senators. Clinton as a court-appointed pros- are the chief Federal law enforcement In our hearing last week, Paul ecutor. McNulty, the second in command at I have heard not a word from the officers in their States, and they have the Department of Justice, testified apologists who seek to use the Con- an enormous responsibility for implementing antiterrorism efforts, bringing that Mr. Cummins’ dismissal was not stitution as a shield for these activities important and often difficult cases, and related to how well he did his job. In about what the Constitution says. The taking the lead to fight public corrup- fact, Mr. MCNULTY said he had no ‘‘per- Constitution provides congressional tion. It is vital that those holding formance problems,’’ but was removed power to direct the appointment power. these vital positions be free from any merely to give an opportunity to Mr. In article II, the part of the Constitu- inappropriate influence and subject to Griffin, a person whom he admitted tion that this administration reads as the check and balance of the confirma- was not the ‘‘best person possible’’ for if it says that all power resides with tion process. The Specter, Feinstein, the job and who is reported to have the President, the President’s appoint- Leahy substitute to S. 214 is a measure been involved in an effort during the ment power is limited by the power of that passed our committee with bipar- 2004 election to challenge voting by pri- Congress. Indeed, between its provi- tisan support and I urge the Senate to marily African-American voters serv- sions calling for appointments with the take it up and pass it today so that we ing in the Armed Forces overseas. This advice and consent of the Senate and was not a vacancy created by necessity can curb the abuses we have seen. for the President’s limited power to Mr. President, how much time is re- or emergency. This was a vacancy cre- make recess appointments, the Con- maining? ated by choice to advance a political stitution provides: The PRESIDING OFFICER. Twenty- crony. But the Congress may by law vest the ap- one minutes. Since this administration has been pointment of such inferior officers, as they Mr. LEAHY. Mr. President, I ask creating these vacancies by removing think proper, in the President alone, in the unanimous consent that 7 minutes of U.S. attorneys as it chooses for what- courts of law, or in the Heads of Depart- ments. my time be yielded to the Senator from ever reason—or no good reason—on a New York—does the Senator want Thus, the Constitution contemplates timeline it dictates, how can it now more than that? claim not to have had time to fill spots exactly what our statutes and prac- Mr. SCHUMER. I will take 5. with Senate-confirmed nominees? Why tices have always provided. Congress is Mr. LEAHY. That 5 minutes of my were agreed upon replacements not well within its authority when it vests time be yielded to the Senator from lined up before creating these vacan- in the courts a share of the appoint- New York and the remainder of my cies? Why were home State Senators ment power for those who appear be- time be yielded to the Senator from not consulted in advance? I would note fore them. California. that every one of the U.S. attorneys Regrettably, this latest abuse of The PRESIDING OFFICER. Without who was asked to resign was someone power follows this administration’s objection, it is so ordered. chosen by this administration, while politicization of U.S. attorneys offices. The Senator from New York. the Attorney General served as White A recent study of Federal investiga- Mr. SCHUMER. Mr. President, first, I House counsel, nominated by this tions of elected officials and candidates thank our leader on the Judiciary President, approved by the home State shows that the Bush Justice Depart- Committee, the Senator from Vermont, Senators and confirmed by the Senate. ment has pursued Democrats far more for his leadership on this issue, as well This is a problem of the administra- than Republicans. The study by Dr. as for yielding time. It is unfortunate tion’s imagination and choosing, like Donald C. Shields, professor emeritus that the unanimous consent request of so many others. from the Department of Communica- the Senator from Vermont was ob- With respect to the law that has gov- tion, University of Missouri-St. Louis, jected to. erned for the last few decades, the au- and Dr. John F. Cragan, professor Now, I would like to report to my thority given to the Attorney General emeritus from the Department of Com- colleagues on both the hearing we had,

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2007 CONGRESSIONAL RECORD — SENATE S1995 which is public record, and, more to were to reveal their names, it might years. It was critical then, as it is now, the point, the private meeting we had jeopardize the confidentiality of future that all U.S. attorneys receive Senate yesterday with the Deputy Attorney EER reports. That is a reasonable as- confirmation. By having the district General, Mr. McNulty, who was gra- sertion. So we asked, could we get the courts make that interim appointment, cious and who is a very fine person. reports and redact the names of those it assured that the confirmation would But neither the hearing nor the private who were saying this is a good or bad take place. meeting we had allayed our fears. In U.S. attorney? Mr. McNulty said he No one expected the rash of firings fact, they increased them in a variety would get back to us on the issue. We from the Department of Justice. I first of ways. await. learned about the Department’s ac- As we know, at least seven U.S. at- But make no mistake about it: We tions early in January. At that time I torneys were summarily fired in recent will get those EER reports. Either they learned that main Justice in Wash- weeks. The Attorney General has flatly will be given to us with the necessary ington had placed calls to at least denied that politics has played a part. redaction—and I have spoken to my seven, possibly more, U.S. attorneys But the bottom line is, even at the colleague from California, Senator and asked them to resign by a date spe- hearing it was admitted that one U.S. FEINSTEIN—or we will ask Senator cific in January. I was also told that attorney was fired without cause and LEAHY, our leader on this issue, the intention was to bring in outside replaced by somebody who had worked through the Judiciary Committee to lawyers from main Justice or from for Karl Rove and the Republican Na- subpoena them. We will see them. If elsewhere to take over these posts and tional Committee and did not have they show that the U.S. attorneys were to serve without confirmation for the much of a record being a prosecutor. doing a good job, if they show that remainder of the Bush presidency. Even more troubling was the firing of they were people who should be there, The Department of Justice has now the U.S. attorney from San Diego, of there will be real trouble. acknowledged in public and at a hear- the Southern District of California, It means two things. First, we will ing that such calls were made to ‘‘less who was in the midst of a very high- get to the bottom of this. There are than 10’’ U.S. attorneys asking them to level investigation that led to the con- still too many troubling questions out step aside. We also know that prior to viction of Congressman Cunningham there. If we have to have another hear- this action, there were already 13 U.S. and, yesterday, the indictment of two ing, we will. Second, it means whatever attorney vacancies pending, with only more in that. So it is hardly a con- the investigation finds, there is enough two nominations presented by the ad- cluded investigation. troubling evidence out there now that ministration to the Judiciary Com- The bottom line at yesterday’s brief- the legislation Senator FEINSTEIN has mittee. This means that if you add the ing by the Deputy Attorney General authored, and Senator LEAHY and my- 7 to 10 U.S. attorneys who were asked did little to alleviate our concerns that self have cosponsored, should be passed to resign to the current 11 vacancies politics was involved in several of immediately. Therefore, it is regret- without nominees, there could be be- these firings and, in fact, raised those table there was objection that we don’t tween 18 and 21 U.S. attorney positions concerns. move to rectify the situation and do it throughout the country that the Attor- It seems, when you have a prelimi- right now. ney General could fill without securing nary look—we did not get a look—but I yield the floor. Senate confirmation. That is over 20 a preliminary description of the EER The PRESIDING OFFICER. The Sen- percent of U.S. attorneys nationally reports, the evaluations, that most of ator from California. that could be filled for the remaining 2 the U.S. attorneys, not all but most of Mrs. FEINSTEIN. Mr. President, I years of the Bush presidency without the U.S. attorneys who were fired had thank the Senator from New York for going through Senate confirmation. very fine recommendations. holding the hearing in his sub- This new provision slipped into the There were a few policy disputes, but committee, for his leadership, for un- PATRIOT Act would also allow the particularly in the area of the U.S. at- derstanding what is at stake, and for next President to put in place all 93 torney from the Southern District of being willing to be out in front on U.S. attorneys and let them serve the California, in the midst of an ongoing doing something about it. entire 4-year term without the benefit investigation, there was some policy What I want to do for the American of confirmation. This change was a disagreement about how to deal with public is lay out the history of this mistake. I suspect the amendment to those crossing the border. She was told particular issue and place it in context. the PATRIOT Act came from the Jus- to change it. And there is no knowl- Unbeknownst to any of us, in March tice Department, was quietly put in edge or observation whether she 2006, in the PATRIOT Act reauthoriza- the bill, and none of us at the time changed it or not, and yet she was fired tion, a provision was included that al- were the wiser. And then suddenly, at a in the midst of a much more serious, lows the Attorney General to appoint certain point, the Justice Department much more high-profile political inves- an interim U.S. attorney for an indefi- said: OK, let’s begin to remove some of tigation. nite period of time. You might ask, these people and give some of our own So the idea that people were fired for what is wrong with that? What is bright young people an opportunity to no cause, the idea that some may have wrong is that it avoids Senate con- step up and become a U.S. attorney. been—and this is not proven, but cer- firmation. Prior to this change, the law This is wrong, and the Justice Depart- tainly the hearing and the private stated that the Attorney General could ment has backed away from it. meeting increased rather than de- appoint interim U.S. attorneys but Let me talk about a few of the U.S. creased my concerns—fired for polit- only for 120 days. After that time, the attorneys involved. According to press ical reasons because they may have ei- authority to appoint an interim U.S. reports, at least three were given glow- ther, in some cases, not done what the attorney would fall to the district ing reviews from their performance au- Justice Department wanted them to court. Why? Because that provided an dits in the recent past. According to do—particularly, remember, this was incentive to the administration to the Las Vegas Review-Journal, Daniel right before election time—or may present a U.S. attorney nominee to the Bogden, the U.S. Attorney for Nevada, have been going forward with a very se- Senate for hearing, for questions, for said Wednesday that he was stunned to rious investigation into local political review, and for a vote on confirmation. hear the Department of Justice re- officials remains a real possibility. This structure created in 2006 was quested that he step down from his We asked to see the EER reports at relatively new. It was enacted during post because of performance reasons. the hearing. At the private meeting the Reagan administration in a broader He went on to say: yesterday, Paul McNulty, Deputy U.S. bill by Strom Thurmond that was de- To this date, no one from the department Attorney General, said some of the in- scribed as a technical corrections bill has previously identified any issues with my formation was taken under confidence. on criminal procedures. Before that, performance or the performance of my office. These are evaluations, and they ask from 1898 until the Thurmond bill was A similar story has surfaced about lawyers, judges, fellow U.S. attorneys enacted, district courts held the sole Washington U.S. Attorney John how the office is doing and how the authority to appoint interim U.S. at- McKay. The Seattle Times reported U.S. attorney is doing. And if they torneys. That existed for almost 100 last week:

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1996 CONGRESSIONAL RECORD — SENATE February 15, 2007 Seven months before he was forced to re- valid prescription. The judge called years in Federal prison for making up sign as U.S. attorney for the western district him the kingpin and architect of an a story about Chinese terrorists sneak- of Washington, John McKay received a glow- elicit pharmaceutical ring that re- ing into the United States with a nu- ing performance review from Justice Depart- cruited many others to smuggle drugs clear warhead. That hoax prompted a ment evaluators. across the United States-Mexico border massive investigation, Federal warn- The article went on to quote the re- at San Ysidro. Ms. Lam also announced ings, discussions at one of President port which stated: that charges had been filed against five Bush’s security briefings, and a nation- ‘‘McKay is an effective, well-regarded and other individuals in a related case in- wide hunt for the group of Chinese sup- capable leader of the [U.S. attorney’s of- volving MyRxForLess.com. Thank you, posedly plotting the attack. fice]’’ . . . according to the team of 27 Jus- Thank you, Carol Lam. tice Department officials. Carol Lam. Yet on December 7th, Michael Battle, di- In July 2005, Ms. Lam brought a case In December 2006, Mel Kay, of Golden rector of the Justice Department’s executive against San Diego councilman Ralph State Fence Company, and Michael office for U.S. attorneys, called McKay and Inzunza, along with Las Vegas lobbyist McLaughlin, pleaded guilty to felony asked him to step down. Lance Malone, were convicted on mul- charges of hiring illegal immigrants ‘‘I was told to resign by the end of Janu- tiple counts of extortion, wire fraud and agreed to pay fines of $200,000 and ary,’’ McKay confirmed . . . ‘‘I asked what conspiracy, and wire fraud. They were $100,000, respectively. The company, the reason was, and they told me there was which built more than a mile of the 15- none.’’ accused of trading money for efforts to repeal a law. foot-high fence near the Otay Mesa Then, of course, there is former-Ar- In November 2005, Ms. Lam secured a border crossing in San Diego, agreed kansas U.S. Attorney Bud Cummins. In guilty plea from former Representative separately to pay $5 million on a mis- a story that ran last month, Mr. Randy ‘‘Duke’’ Cunningham for taking demeanor count, one of the largest Cummins stated that the Director of more than $2 million in bribes in a fines ever imposed on a company for an the Executive Office of U.S. Attorneys, criminal conspiracy case involving at immigration violation. Michael Battle, made it clear that al- least three defense contractors, after Thank you, Carol Lam. though he was being asked to leave, ‘‘it he accepted cash and gifts and then These are just some of the important was not about me but about their de- tried to influence the Defense Depart- cases Carol Lam has pursued during sire to give someone else the oppor- ment on behalf of donors. He also pled her tenure. She does not deserve this tunity to have the appointment.’’ guilty to a separate tax evasion viola- kind of treatment. Mr. Cummins said he specifically tion for failing to disclose income in In addition, during her previous time asked if his job performance was a 2004. Thank you, Carol Lam. in the office, Ms. Lam prosecuted and problem when he got the call: In addition, earlier this week, Carol convicted several high-ranking mem- [Mr. Battle] assured me it was exactly to Lam announced two more indictments bers of La Cosa Nostra, a Chicago- the contrary. of Kyl ‘‘Dusty’’ Foggo, former top offi- based organized crime family. She also These are three cases that have been cer at the CIA, and Brent Wilkes, a de- secured a guilty plea and settlement of documented where U.S. attorneys did fense contractor accused of bribing $110 million against National Health not have any performance-related con- Duke Cunningham and the prime bene- Laboratories, Inc., in a Medicare fraud cerns as alleged by the Department. In factor of the secret CIA contracts. case. addition, I have heard similar reports Thank you, Carol Lam. Ms. Lam has had a distinguished ca- about other U.S. attorneys. I want to This woman was called and told to reer and she served the Southern Dis- speak in specific about one. That is the resign by a date specific, after she has trict of San Diego well, and everyone U.S. Attorney from San Diego, CA. done all of this good work. Ms. Lam in that district knows that. I regret Today is U.S. Attorney Carol Lam’s and the San Diego U.S. Attorney’s of- that main Justice does not. I am quite last day in office. I want to commend fice have also pursued and successfully disappointed that main Justice chose her. I thank her for the work she has prosecuted other important cases, in- to remove her, especially given the on- done in that office. She was sworn in as cluding: going work in which the office is in- U.S. attorney in September of 2002 and In September 2005, the president of volved. was appointed by the President in No- the San Diego chapter of Hell’s Angels Now, like Senator SCHUMER, I was vember 2002. Prior to serving as U.S. pled guilty to conspiracy to commit present yesterday when the Justice De- attorney, she was a judge of the Supe- racketeering. Guy Russell Castiglione partment briefed us and several other rior Court of San Diego, and she served admitted that he conspired to kill Senators as to why they asked these as an assistant U.S. attorney in the members of a rival motorcycle gang, U.S. attorneys to leave. With the southern district of California for 11 the Mongols, and to sell methamphet- record I just pointed out, nothing that years. So she was no newcomer. She amine. Thank you, Carol Lam. was said yesterday justifies asking this has been successful in bringing many of Then in December 2005, Daymond U.S. attorney to leave without cause— the country’s most important corrup- Buchanan, member of Hells Angels, nothing. That is why this is an issue. I tion cases. I want to go through a few was sentenced to 92 months in Federal believe their intent was to bring in of them. prison for participating in a pattern of people from the outside to give some of In March of 2004, Steven Mark Lash, racketeering. He admitted in his guilty their bright young people an oppor- the former chief financial officer of plea that he and other Hell’s Angels tunity. This might not be wrong, if FPA Medical Management, was sen- also inflicted serious bodily injury they weren’t also attempting to avoid tenced for his role in defrauding share- upon one victim and that another confirmation. Without confirmation, holders and lenders of FPA. The col- Hell’s Angel brandished a firearm dur- the Department of Justice could bring lapse of the company left more than ing the offense. in political operatives or anybody else. 1,600 doctors being owed more than $60 At that time, Ms. Lam announced: That is wrong. million and patients reported being un- If I had not been given this informa- With the president, sergeant at arms, sec- able to obtain medical care because retary, treasurer, and six other members of tion, we never would have known about FPA had ceased paying providers. the Hell’s Angels convicted of racketeering these events because the likelihood is Thank you, Carol Lam. charges and facing long prison sentences, the that these U.S. attorneys would have In January 2005, Mark Anthony San Diego chapter of the Hell’s Angels has just quietly resigned and retired to an- Kolowich, owner of World Express Rx, been effectively shut down for the foresee- other job or retired into society some- pled guilty to conspiracy to selling able future. where else. This is not the way we counterfeit pharmaceuticals, con- Thank you, Carol Lam. And what should function. That is why this is a spiracy to commit mail fraud and does she get? Fired without cause. major issue. That is why the Majority smuggle pharmaceuticals, and con- In September, 2006, Jose Ernesto Leader of the Senate wishes to bring spiracy to launder money. Mr. Beltran-Quinonez, a Mexican national, this bill to the floor—to put it back to Kolowich had run an Internet phar- pleaded guilty to making false state- where it was prior to that provision macy Web site where customers could ments about weapons of mass destruc- being put into the Patriot Act without order prescription drugs without a tion. Mr. Quinonez was sentenced to 3 our knowledge and without debate.

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2007 CONGRESSIONAL RECORD — SENATE S1997 I hope the U.S. attorney bill will appointment of nonelected officials. The administration is in a position to come to the floor of the Senate, and I The power of our democracy rests with ignore the Senate and place its own hope we can change it back. I hope we the people, and that is something we loyalists in these key jobs because of a can go out and say to the American must never forget. It is for that reason little known change included in the Pa- people that this will never happen that I support Senator FEINSTEIN and triot Act last year at the insistence of again and every U.S. attorney will Senator SPECTER and urge my col- the Justice Department. This provision have confirmation before the Senate of leagues to join with them in order to lets the Attorney General make in- the United States. pass this legislation terim U.S. attorney appointments with Mrs. LINCOLN. Mr. President, I rise Mr. REID. Mr. President, I regret no time limits, no residency require- today to state my support for the legis- that we have not been allowed to move ments, and no need for Senate con- lation put forward by Senator FEIN- forward at this time on S. 214, a bill to firmation. STEIN on the interim appointment of preserve the independence of U.S. at- I applaud Senators FEINSTEIN, PRYOR, U.S. attorneys. This legislation rep- torneys. LEAHY, and others for addressing this resents a compromise between Senator This legislation is ready for floor ac- problem swiftly. Their bill will help en- SPECTER and Senator FEINSTEIN and I tion. It was the subject of a lengthy sure that the people of Nevada have a commend them for the bipartisan ex- hearing in the Judiciary Committee say in who will be their next U.S. at- ample they have set in addressing this and was favorably reported by that torney. The Senate confirmation proc- issue. committee with bipartisan support. ess for U.S. attorneys ensures trans- Senator PRYOR and I came to this de- The bill would protect U.S. attorneys parency and accountability. We need to bate because of the interim appoint- from being used as political pawns. It keep politics out of the justice system. ment of a U.S. attorney in Arkansas, would limit the power of the Justice I thank the Chair, and I yield the but the importance of this issue goes Department to appoint long-term re- floor. beyond the qualifications of Tim Grif- placements for departing U.S. Attor- The PRESIDING OFFICER (Mrs. fin for that position. The Founding Fa- neys and instead authorize the chief MCCASKILL). The Senator from Idaho is thers created this Government around Federal judge in a district to appoint a recognized. a system of checks and balances, with temporary replacement while the per- f three coequal branches. As we all manent nominee undergoes Senate confirmation. This is the process that was NOMINATION OF NORMAN RANDY know, one of those branches is filled SMITH with officials who are not elected, such followed for decades until it was Mr. CRAIG. Madam President, I am as Mr. Griffin. The Founding Fathers changed in the Patriot Act reauthor- proud to rise in support of the con- knew that if the executive branch was ization. firmation of Norman Randy Smith to allowed to appoint all of the members Last month, we learned that at least the Court of Appeals for the Ninth Cir- of the judiciary without any consulta- seven U.S. attorneys had been directed by the Department of Justice to resign. cuit. tion with the legislative branch, it There is no question about Randy would make the judiciary branch sim- One of these was the U.S. attorney in my State of Nevada, Daniel Bogden. Smith’s credentials or competence for ply an extension of the executive. this position. He has been a State dis- What we are talking about today is Let me take just a moment to thank trict judge in Idaho’s Sixth Judicial another in a long line of attempts by Dan Bogden for his service. He has been the chief Federal prosecutor in Nevada District for a decade. He has served as this administration to undermine the since his appointment in 2001. He is a a felony drug court judge and a pro tem system of checks and balances by ex- former Washoe County deputy district justice on the Idaho Supreme Court panding the authority of the executive attorney and had served as an assistant and the Idaho Court of Appeals. He has branch. These abuses of power have al- U.S. attorney for 10 years before being a wealth of experience in both the prac- most always related to provisions that appointed as chief Federal prosecutor. tice and teaching of law, and he has are necessary for the smooth operation He made it a priority to prosecute vio- been an active member of the bar asso- of government. Of course we need the lent criminals and drug traffickers and ciation and other professional associa- ability to appoint a U.S. attorney in a his efforts have made Nevada safer. I tions. time of crisis when Congress is not in appreciate all the remarkable work he There is also no question about session, but do we need that authority has done for our State. Judge Smith’s character and fitness for extended to a point where a sitting The Deputy Attorney General testi- this office. Randy Smith is deeply in- President can make a judicial appoint- fied that the U.S. attorneys who were volved in his community and State, ment with no set termination? Abso- forced out had ‘‘performance issues.’’ and he has held positions of leadership lutely not. The law the administration As far as I am concerned that is non- and responsibility in a wide variety of changed in the PATRIOT Act was well sense. Dan Bogden’s last job evaluation organizations. He is respected and well- structured to provide the ability to ap- described him as being a ‘‘capable’’ liked by Republicans and Democrats point in times of emergency, while re- leader who was highly regarded by the alike throughout the State of Idaho. specting the Senate’s role in the proc- Federal judges and investigators in our He is a fine man—the kind of person ess. The compromise put forward by State. you would want to have as a scout Senators FEINSTEIN and SPECTER seeks What is really going on here? Accord- leader for your kids. He is a principled to restore that. ing to news reports, the decision to re- and knowledgeable community cit- The Senate’s role in the confirmation move U.S. attorneys was part of a plan izen—the kind of person you would process is vital as it provides a second to ‘‘build up the back bench of Repub- want to have on your team or your review of the qualifications of a nomi- licans by giving them high-profile board. He is a thoughtful, objective nee and allows constituents a better jobs.’’ In fact, at least one of the fired judge—the kind of judge you would opportunity to evaluate a nominee and U.S. attorneys was replaced by a GOP trust to render an impartial and well- state their support or opposition. I fear opposition researcher who is known as reasoned decision. that this effort to diminish the Sen- a prote´ge´ of Karl Rove. Men and women come to the bench ate’s role in the confirmation process So what has happened might well be by many different roads, including aca- is indicative of this administration’s called ‘‘Crony-gate.’’ It may not be as demia or elected public office. Randy general attitude toward a vital provi- far reaching a scandal as Watergate, Smith’s real-world experience gives sion of our Constitution and to the sys- but it is a scandal nonetheless. It rep- him a perspective and skill-set that tem of checks and balances in general. resents a breach of the long tradition will be extremely valuable on the ap- If given the choice, it would appear of independence that allowed these pellate court. His character and com- that this administration clearly favors powerful Federal prosecutors to do petence fit him to advance to this im- less transparency in government, not their jobs without fear of political ret- portant position, and Idahoans are con- more. If allowed to continue, I feel cer- ribution. Now every U.S. attorney will fident that he would be a tremendous tain that it would result in the average be looking over his or her shoulder to asset to our region, and the Nation, as constituent having much greater dif- see if Karl Rove or other White House a judge on the Ninth Circuit Court of ficulty getting their voice heard on the aides approve of their decisions. Appeals.

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1998 CONGRESSIONAL RECORD — SENATE February 15, 2007 THE CONFIRMATION OF JUDGE It is my honor today to personally were for survival. The only way to get RANDY SMITH congratulate Judge Smith. As I said, the patient the care he needed was by Mr. CRAPO. Madam President, I rise he is a personal friend. I have known air transport. So the dependable air today to speak about a tremendous him for years and have watched him ambulance team at Benefits event that happened in the Senate, and give service to the people of the State Healthcare was called. Vince, Paul, and that is that the Senate today con- of Idaho of the highest caliber. He has Darcy responded to the call without firmed my good friend, Randy Smith, shown himself to have the principles hesitation and without concern for to be a judge on the Ninth Circuit. and values to be the kind of judge that their own safety. Madam President, today really is the America needs. He understands that we They knew that somebody’s life was conclusion of a sometimes unneces- need a conservative understanding and hanging in the balance. This is the sarily long and difficult process for the interpretation of the U.S. Constitution, type of pressure-filled situation in confirmation of Judge Smith. Judge and that the role of a judge is interpre- which they have always operated. Smith was originally nominated by the tation of the law, not creation of the Montana is a large State, it is a President back on December 16, 2005, law. He understands the value that beautiful State, with rural and isolated for a seat on the Ninth Circuit Court of comes from having solid adherence to areas, where people who are injured Appeals that was vacated when Idaho the principles of our Constitution as may need immediate rescue, may need Judge Stephen Trott took senior sta- issues are adjudicated. He will be a tre- it right away, including air ambulance tus. mendous new asset and addition to the transportation to a trauma center. Earlier this year, through negotia- Ninth Circuit Court of Appeals. Unfortunately, there are not enough hospitals in Montana that can give the tions with the White House, Judge As I said at the outset, this has been kind of care someone with severe inju- Smith was renominated to a different a long, sometimes very unnecessarily burdensome and difficult process to get ries immediately needs. Idaho seat on the Ninth Circuit that So-called level 1 hospitals have oper- his nomination to the floor. I am sure had been vacated when Judge Thomas ating rooms, surgeons, and radiologists that the strength he will bring to the Nelson took senior status. available 24 hours a day, 7 days a week, Since 1996, Judge Smith has served as Ninth Circuit was shown by the vote of waiting and ready for any patient with district judge for the Sixth Judicial confidence given to him today, a unani- severe injuries who is brought in. District of Idaho. Judge Smith earned mous vote by the Senators present, 94 There are no level 1 hospitals in Mon- his undergraduate and law degrees to 0, confirming him to be the next tana. from Brigham Young University. judge on the Ninth Circuit Court of Ap- Level 2 hospitals have the right fa- Throughout his career, both in private peals. cilities, but the doctors are not in the practice and as a judge, Judge Smith This is a tremendous day for Randy hospital around the clock to be avail- has continued to be a student and Smith, but it is also a tremendous day able immediately when a patient ar- teacher of the law. He taught courses for the Ninth Circuit Court of Appeals, rives. There are only three level 2 trau- in business law and tax law at Brigham the people who live in that circuit, and, ma centers in Montana. Young and later at Boise State Univer- frankly, for the people of America. It is very expensive to run hospitals sity. Since 1993 he has served on the Madam President, I yield the floor, and offer this high-level, specialized faculty at Idaho State University and I suggest the absence of a quorum. care. Only three hospitals in Mon- teaching legal environment and busi- The PRESIDING OFFICER. The tana—one in Missoula, one in Billings, ness law. clerk will call the roll. and one in Great Falls—offer such serv- Prior to becoming a judge, Randy The bill clerk proceeded to call the ices, so every patient who needs a trau- Smith spent more than 15 years in pri- roll. ma center has to go to one of these vate practice, gaining significant expe- Mr. BAUCUS. Madam President, I hospitals. This makes air ambulance rience before both State and Federal ask unanimous consent that the order transportation even more important, courts. He is a member of the bar of for the quorum call be rescinded. given Montana’s 800-mile span and the U.S. Supreme Court, the Ninth Cir- The PRESIDING OFFICER. Without mountainous terrain. cuit Court of Appeals, U.S. District objection, it is so ordered. The Benefits medevac program pro- Court for the State of Idaho, U.S. Tax f vides 24-hours-a-day, 7-days-a-week air Court, the Idaho Supreme Court, and HONORING THREE MONTANA ambulance transportation in Montana all of the other courts of the State of HEROES and the Northwest. Aircraft respond to Idaho. isolated areas, accident scenes, and Mr. BAUCUS. Madam President, In addition to his current position as hospitals to bring patients to the re- Saint Luke explains in his Gospel: district judge in Idaho, Judge Smith gional emergency center as quickly as also serves from time to time as pro The spirit of the Lord is upon me, because possible. tem justice on the Idaho Supreme He hath sent me to heal. These dedicated pilots, nurses, and Court, as a judge on the Idaho Court of Delivering care to the sick and in- paramedics who operate the Benefits Appeals, also, and as a temporary judge jured is the Lord’s work. To heal the medevac program provide honorable in district courts throughout the State sick at great risk to one’s own safety and essential services to Montana. The of Idaho. He literally handles approxi- reflects the best that we can be as the three Benefits professionals who lost mately 100 Federal and State civil Lord’s servants. their lives last week were trying to do cases each year. I am here to honor three healers from just that. In 2004, Judge Smith received the my home State of Montana—ambu- Darcy Dengel was a 27-year-old reg- George C. Granata, Jr., Award pre- lance pilot Vince Kirol, paramedic and istered nurse. She joined Benefits in sented by the Idaho State judiciary in firefighter Paul Erikson, and registered June 2001 and transferred to the emer- recognition of demonstrated profes- nurse Darcy Doyle. These Montana he- gency room in August 2003, where she sionalism as an Idaho trial judge, and roes died tragically during an air res- also worked as a flight nurse. for motivating and inspiring his col- cue mission on February 6. Her Benefits colleagues describe her leagues on the bench by his character Their deaths are a tremendous loss to as a bright, talented, and vibrant and actions. In 2002, he received the their families, to Benefits Healthcare, woman who loved her work because Outstanding Service Award from the and to all of Montana. These dedicated that work gave her a unique oppor- Idaho State Board of Commissioners. individuals were en route to Bozeman tunity to help people in need. Judge Smith is also a member of the from Great Falls in dangerous weather She was able to make a difficult time board of directors and is a past presi- to pick up a patient who had suffered a for a patient a little easier with her dent of the Idaho State Civic Sym- severe head injury that required imme- gentle care. She was to be married this phony. diate surgery. spring to Rob Beal and is survived by The American Bar Association has Every minute counted. The victim’s parents Rich and Donna Dengel of given him its unanimous ‘‘well quali- injury had to be treated as quickly as Lewistown, MT. fied’’ rating for his nomination to the possible. The longer it took to get him A long-time friend of Darcy Dengel’s Ninth Circuit. to the hospital, the worse his chances family described Darcy this way:

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2007 CONGRESSIONAL RECORD — SENATE S1999 She was a light . . . She didn’t worry about ternal civil war while we are trying to the tactics they are using now with danger in her work as a flight nurse. She figure out what we do to protect our shooting down helicopters. That wasn’t wanted to help people. people. something we saw before. Paul Erickson was 33 years old and What is it that we want to accom- Suddenly now, in the past couple of was the medic on the flight. Paul was plish with the votes that have been weeks, three helicopters have been a firefighter who worked on the Mercy taken here? I think it is fair to say taken down by enemy fire. That Flight on his days off. He worked side that what we would like on this side of changes the complexity of things be- by side with his wife Rachelle, who is the aisle, and I am sure there are many cause helicopters were an integral part the trauma coordinator for Benefits. colleagues on the other side who feel as of our capacity to fight back. If we They had a baby boy last July named we do but would be out of step politi- can’t do that, does that mean we have Spencer Pilot. cally if they took the vote we want to to put more people on the ground, that Assistant fire chief Steve Hester said take, to approve or disapprove of send- we have to lose more people? It ought this of his colleague: ing more troops into that death trap, not to be that way. Paul considered it a service to the commu- to say how long we want to stay there. Last week, we took a vote here, and nity. He was all about service to others. He What do we have to prove by sup- it was a vote that would limit debate. knew that in rural Montana the only way porting the President’s order, the We, the Democrats, led the charge you can get help sometimes is by air. President’s interest in the so-called there because we wanted to get on with Vince Kirol was 58 years old and had surge? They try to disguise the word. the issue of whether we wanted to send been flying for 40 years. He was a The word is ‘‘escalate.’’ It is not more troops than we have there now. Mercy Flight fixed-wing pilot for 13 ‘‘surge.’’ ‘‘Surge’’ can be interpreted The number, estimated to be at 21,000 years after working for Metro Aviation many ways, but ‘‘escalate’’ is very in combat, means that 48,000, roughly, in Shreveport, LA. He is survived by clear: Put more people there. Put more would be the total number because you his wife Diana and two sons. Vince’s people in harm’s way. Put more people need the support groups as well. That pastor noted that he loved the moun- in an abyss from which there is no way, vote was disguised as something else, tains and he loved skiing and hiking that anyone has told us, out of the sit- which is what our friends are doing with his sons. uation. today—disguising what their intent is. Billy Darnell, a friend of Vince’s We get the argument: Oh, you want Their intent is to escape the responsi- from his church, said this about him: to cut and run. No. Do you want to bility they took when they voted He cared about people. That’s why he loved stay and die? Is that what the alter- against closing the debate the other his job. native is? Ask the families who have day. That is what happened. Darcy, Paul, and Vince selflessly put children, brothers, fathers, and moth- They have a lot of discomfort over their lives at risk, transporting criti- ers there. They come in to see me, peo- there. I see my colleague from the cally ill patients even in perilous ple who have someone who is in Iraq, State of Minnesota is here now, and if weather conditions. They gave their and they are scared to death about I am not mistaken, he was one of those own lives trying to save others. Their what kind of news they will get some who said: Let’s cut the debate and get deaths are a tremendous loss to Mon- night. on with the issue. That is what his tana. They were good servants, and I had a woman in the office one day, message was that day. And so there is they are heroes. Our hearts and our with a group of other people, sobbing abject discomfort with the vote that prayers go out to their families and to so hard that she couldn’t talk. Why? was taken because people at home in- their friends. Because her son had been wounded—a terpreted that in a different way. They Madam President, I yield the floor, light wound but enough to earn him a are not interested so much in our tac- and I suggest the absence of a quorum. Purple Heart—and he was being sent tical maneuvering here or the process; The PRESIDING OFFICER. The back on hazardous duty. He was willing they want to know: Do we want to send clerk will call the roll. to do it. His mother didn’t want him to more troops into that inferno or do we The legislative clerk proceeded to do it. But at what point do we say the want to try to figure out a way to get call the roll. pain is so excruciating that we can’t out of there as quickly as practicable? Mr. LAUTENBERG. Mr. President, I stand it? That is the question. ask unanimous consent that the order It has nothing to do with cut-and- So they voted the wrong way. And for the quorum call be rescinded. run. I wore a uniform in World War I. now, Heaven forbid, we had something The PRESIDING OFFICER (Mr. Others here have worn the country’s we could vote on, and that was voted SALAZAR). Without objection, it is so uniform, some in Vietnam, some in on by way of closing the debate, which ordered. Korea. We have had a lot of experience was developed by Senator CARL LEVIN The senior Senator from New Jersey with wars. But in each case, if we of Michigan, chairman now of the is recognized. didn’t have an objective, we fared very Armed Services Committee, and sup- f badly. That was true, unfortunately, in ported fully by Senator JOHN WARNER, Vietnam, where we finally had to wrap who himself was a veteran and served IRAQ it up and go home, leaving 58,000 of our at the time of World War II, who Mr. LAUTENBERG. Thank you, Mr. brothers and sisters still there, if not agreed with him that we ought to show President. physically, in sharp memory. And now our displeasure. There wasn’t anything I wanted to take just a few minutes we see what is happening here. radical in it. We weren’t calling the to kind of review where we are here in I bring to our attention the fact that other side names. We just said we want the silence that abounds in this Sen- in Iraq, in the month of January, we to stop this escalation. We don’t want ate. The question about what is going lost 83 of our bravest. Thus far in Feb- to put more troops out there in harm’s on is kind of mystifying for much of ruary, we have already lost 48 members way. We don’t want to see more limb- the public looking in and saying: What of the American military. And the less veterans. We have almost 800 now, are they doing wasting time? Iraqis have suffered deaths. Look at veterans who have lost one limb at There was some talk about the ter- the number of people who have been least, and we have 25,000 who have been rible situation we are in in Iraq, and I murdered there with suicide bombs, injured. And there are a lot of severe spoke as one of those who say we have roadside bombs, and brutal murders, injuries that you can’t see because had enough. We have had enough there. with hands tied behind their backs and they are internal injuries. They are in- We have lost over 3,000 people, and the blindfolded. It goes on and on. If we juries of the mind. They are injuries of Iraqis have lost substantial numbers. could wish it away, if we could see an the spirit. There are a lot of them; One would have to be really hard- end to it, I would be more than willing 30,000 with PTS, post-traumatic stress, hearted not to be moved when you look to leave troops there to kind of mon- in addition to those who have the phys- in the paper and you see a child weep- itor the last parts of a war that is one ical, visible wounds we see. ing over a dead mother or a brother or of the worst America has been in, but So we want to get on with the vote. a sister or people lying in the street what we see is not only the numbers Let us have an honest count here about dead from brutal attacks from this in- that are perishing daily, weekly, but whether you are for escalation or

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2000 CONGRESSIONAL RECORD — SENATE February 15, 2007 against it. Do you want to throw more once, served twice—a year each—and HEALTH CARE into the Iraqi war? Do you want to put now a third callup is being talked Mr. COLEMAN. Let me focus on an more sons and daughters there or do about because the President has de- issue of concern to me. I represent the you want them to start coming home cided—against the will of many out- State of Minnesota. They call it the and reuniting them with their fami- standing military experts, those who ‘‘flyover country.’’ They may say the lies? That is the question. Instead, it is have served at the highest rank. They same thing about Colorado on occa- dressed up here. If we voted to adjourn, say no, it will not help. But the Presi- sion. I saw a New Yorker’s view of the it would be a sign that we are not sup- dent of the United States is very stub- world. No offense to my colleagues porting the troops. Baloney. We sup- born on this issue, despite all of the op- from New York. It is New York, Flor- port the troops fully. Each and every position—opposition here, opposition ida, L.A., maybe Chicago was in be- one of them over there now is a hero to across this country. The numbers are tween. I didn’t see Denver or St. Paul. us, each and every one, because many around 70 percent of the people do not There are smaller towns on there, but of them disagree with the policy that want us to continue to do this, or send they are on the map and they are im- got them there, the falsification of in any more troops. I hope we can re- portant. whether there were weapons of mass solve the truth here in short order. William Jennings Bryan once said: destruction. I yield the floor with thanks again to Burn down our cities and leave our farm- The PRESIDING OFFICER. The Sen- my colleague from Minnesota. land and the cities will rise up again like ator’s 10 minutes in morning business The PRESIDING OFFICER. The Sen- magic, but burn down our farms and grass has expired. ator from Minnesota. will grow up in the streets of every city in America. Mr. LAUTENBERG. I ask unanimous Mr. COLEMAN. Mr. President, I in- consent for 5 more minutes. tend to speak in morning business and The Presiding Officer understands The PRESIDING OFFICER. Is there to talk about an issue of great impor- that. He comes from a family which objection? tance in Minnesota, access to health has worked the land. He gets that. Like Mr. COLEMAN. Reserving the right care in rural communities, but I have many great orators, there is some hy- to object. to make one comment in response to perbole there, but it still rings true, The PRESIDING OFFICER. The Sen- my colleague from New Jersey. whether it is food, values, or leader- ator from Minnesota. ship—all of America depends on what Iraq is the most important issue fac- Mr. COLEMAN. I ask further unani- our rural communities produce mous consent that the additional time ing America today. There is no ques- So what happens in America’s small of the Senator not be charged against tion about it. I want to raise some con- towns is a big deal. I would like to take the minority. It was our time. I want cerns about the surge in Baghdad. I un- this time to speak on behalf of Min- to be sure his time is not charged derstand we are fighting a war against nesotans and other folks living in rural against the minority so we can finish insurgency and foreign fighters in communities. These families face some morning business. Anbar Province. If those commanders daunting challenges when it comes to The PRESIDING OFFICER. Without on the ground need more, I am going to accessing health care. objection, it is so ordered. give it to them. I have great concerns The urgency of this issue is brought Mr. LAUTENBERG. I thank our col- about the surge. We need to debate home to me by the upcoming closure of league from Minnesota. this. It is absolutely mind boggling to a rural hospital in Ivanhoe, MN. The What we see is a deliberate attempt watch what is going on with this play- town in southwestern Minnesota, coun- to avoid the question: Yes or no, how ing around with rules. The bottom line ty seat of Lincoln County, got its name do you stand on the escalation of this is Senators should have the right to de- from Sir Walter Scott’s novel. Ivanhoe war? How do you stand on sending bate. Senators should have the right to is filled with hard-working people who more sons and daughters into that hell offer amendments and we should be have survived generations of drought, on Earth? voting on whether you support a surge, grass hoppers, blizzards, and unreliable It is time to stand up and be counted we should be voting on whether you farm prices and policies. This is yet an- and not to permit the public, across support continued funding, we should other difficult blow. As a result, this this land of ours, to be fooled by debate be voting on whether there should be community will lose jobs, access to structures, by delaying tactics. It is benchmarks. We should do what the health care and part of their commu- time to stand up and be counted, but Senate does, which is debate, have dis- nity identity. we cannot do that. The other side will cussion, and then vote. What the ma- There is an array of issues facing not permit us to do it, and we know jority is attempting to do is to fore- hospitals like Ivanhoe. For them, it how to count votes so we know we do stall that, offering something that was the declining number of admis- not have enough to do what we would they know is something the Senate sions at the hospital and declining re- like to. does not do, offering something they imbursement payments that put them But the House has taken the bull by know the American public—the public at a severe competitive disadvantage the horns. The House is considering it, wants us to debate this and vote on it. in the health care market—and ulti- and it is very favorably being consid- So instead they offer a resolution mately led to the decision. Unfortu- ered there—not yet voted—legislation which, they know, will gather objec- nately, their story is not unique. that says we are against this esca- tion, a resolution on which they will About 21 percent of the population lation. Republicans as well as Demo- allow no amendments, no discussion lives in rural areas, but only about 9 crats there are going to join. What we about other things other than a pro- percent of doctors work there. Only 2.4 are saying here is let us simply vote on posal that comes out from them. That percent of specialists work in rural that. That is what has been asked for is absurd. That is not the Senate. It is areas. by our leadership. not the greatest deliberative body in Nearly half of all rural residents have I hope we will be able to conclude the world. We should do better. The at least one major chronic illness. Yet this debate, find out and let the Amer- American public deserves better, and I they average fewer physician contacts ican people know where we stand, each hope our leaders can come together and per year than those in urban commu- one of us. When we raise our hand, each figure out a way to structure a debate nities. one of us will be making a declaration: so opinions can be laid out and they I believe that access to health care Do we think it is necessary to put more can be discussed and then we can should not be dependent on where you of our troops out there, to run them vote—not on one thing that a 51-person live. Every person in America deserves through there at the risk of their majority says, but the way the Senate the same quality care. limbs, or lives, and disrupt family life, does it: We put it on the table and vote. Unfortunately, as it stands right leaving children without a guiding par- I may disagree with some of my col- now, many rural communities in Min- ent on one side, to let the bills accumu- leagues on this side of the aisle on nesota and across the country don’t late, worry about the mortgages? some of that, but everyone has a right have the personnel capabilities, tech- These are people, for the most part, to lay out their amendments and their nology or money to provide their resi- who were reservists. They have served proposal, and we should do so on Iraq. dents with the health care they need—

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2007 CONGRESSIONAL RECORD — SENATE S2001 they are getting squeezed at every I have visited these hospitals These hospitals serve as medical homes angle. For the stability of rural com- throughout my State and have been to the folks that live nearby, but also munities and the health of the Ameri- impressed time and time again by their provide patient care to visitors who are cans that live there, we need to find so- commitment to the health of their in town to do some fishing, camping or lutions. communities and their stewardship of hunting. When a critical medical event That is why I am taking this oppor- the resources that they have been occurs, it is crucial that the physicians tunity to introduce a package of bills given. I appreciate the work of the who care for a patient have informa- which seek to give rural areas access to Minnesota Hospital Association in rep- tion about their medical history in some tools they can use to promote the resenting their Critical Access Hospital order to avoid medical errors. health of their communities. members and for being a great resource Let me tell you a story I heard re- The burden of chronic illness is heav- in protecting this important program. cently from Lori Wightman, president ier in rural areas. Rural areas report The Critical Access Hospital program of the New Ulm Medical Center. Re- higher rates of chronic diseases, includ- continues to make an important in- cently, a 55-year-old arrived in the New ing heart disease and cancer. vestment in the safety net of our rural Ulm Medical Center emergency room Mental health issues are also signifi- communities. with chest pain. He was having a heart cant. For example, a national study This program has been the single attack. Within 82 minutes this same that 41 percent of rural women were de- most important factor in helping our patient was assessed, transported, and pressed or anxious compared to less Nation’s rural hospitals not only sur- had his heart vessel opened at a ter- than 20 percent of urban women and vive also provide new quality health tiary hospital 100 miles away. that 40 percent of all visits to rural care services and resources. This situation was a success because practitioners are due to stress. Without the Critical Access Program, New Ulm Medical Center had the abil- Providing adequate mental health rural communities had been having a ity to transmit information about the care in rural communities has become difficult time supporting a local hos- patient quickly and easily. Not all hos- a national problem. pital. People were driving hours just to pitals are fortunate enough to have In rural areas, where specialized receive basic health care. Just talk to this vital service. mental health services are scarce, ac- Al Vogt, CEO of Cook Hospital & That’s why I introduced the Critical cessing the proper mental health care C&NC. He will tell you that the Crit- Access to Health Information Tech- is difficult. Primary care is often the ical Access Hospital program has pre- nology Act to help Critical Access Hos- only system for delivering mental pitals compete for Federal health tech- served care in Cook and many other health services and providers are see- nology grants. Essentially, this bill small communities across Minnesota. ing an increase in mental health issues would give smaller rural hospitals a As his community ages, Al has seen in their clinics. Today I introduced the competitive edge for H–I–T grants. Working Together for Rural Access to many seniors have to choose between Even when a situation is not imme- Mental Health and Wellness for Chil- gas or food money. If leaving town to diately life-threatening, technology dren and Seniors Act. get the very basics of health care was can play an important role in disease This legislation would allow Federal the only option, there are a number of management in rural communities. As grants to be given to States to provide folks who would forego the needed I mentioned earlier, rural areas are assistance to rural communities to care. Seniors and others living in rural facing serious personnel shortages. conduct collaborative efforts to im- areas deserve better. Critical Access They have around 20 percent of the prove access to mental health care for Hospitals provide for them. population, and only 10 percent of the youth, seniors, and families. Grants Despite the growing disparities in ac- docs and only 2.4 percent of the special- could go toward operation of mobile cess to health care for Americans in ists. mental health services vans or tele- rural areas, support for Critical Access Remote monitoring technologies col- mental health. Hospitals has not been what it should lect, analyze, and transmit clinical Rural residents face serious health be. health information. These technologies care issues not only in terms of illness Critical Access Hospitals are not are emerging to extend the provision of but also in terms of lack of easily ac- being reimbursed in a way that allows health care services to areas where cessible services. One in 5 Americans them to fully account for their costs of there is a shortage of physicians or lives in rural areas but only 1 in 10 offering services. These health pro- where patients are homebound. Essen- physicians practice in rural areas. viders, already stretched thin, are tially, these technologies allow physi- Forty percent of the rural population being asked to absorb the difference. cians to monitor and treat patients lives in a medically underserved area. With that in mind, today I intro- without a face-to-face office visit, Critical access hospitals are the foun- duced the Rural Health Services Pres- thereby increasing access to physicians dation on which is built the health of ervation Act, which ensures that Crit- for patients living in rural areas. We our Nation’s rural communities. I don’t ical Access Hospitals get reimbursed have the ability today, if you simply have the time right now—we are kind the same amount under Medicare Ad- lift up the phone the doctor can tell of pushing the envelope on morning vantage Programs as they would under what your blood pressure is and how business—but it is important that my Medicare. you are feeling. Minnesota prides itself colleagues understand. Right now, interim Critical Access as being the center of medical tech- The critical access hospital program Hospital payments reflect the previous nology. We have the Medronics, Boston was enacted as part of the Balanced year’s costs—not the current year’s Scientific, St. Jude’s cardiac pace- Budget Act of 1997 in order to preserve costs. Factoring in inflation and the makers—we can do a lot with remote access to health care services in rural rapid growth of the medical economy, access technology. We have to make communities. Critical Access Hospitals rural hospitals are being left to pay a sure it is in our rural communities. represent a separate provider type with bill that is much larger than their For that reason, I also introduced the its own conditions of participation as share. Remote Monitoring Access Act, which well as a separate reimbursement Specifically, my Rural Health Serv- would allow Medicare to cover physi- method for Medicare. ices Preservation Act ensures Critical cian services involved with the remote With 80 Critical Access Hospitals in Access Hospitals receive not less than management of specific medical condi- Minnesota, the third largest number of 101 percent of cost for inpatient, swing- tions, such as congestive heart failure Critical Access Hospitals in the Nation, bed, and outpatient hospital services and diabetes. this program is of crucial importance provided to Medicare patients covered Specifically, my bill would create a to the health care infrastructure of my under a Medicare Advantage plan. new benefit category for remote pa- State. Minnesota’s Critical Access Hos- This bill would create certainty in tient management services in the pitals provide care to 1.6 million pa- terms of payments, and accurately re- Medicare physician fee schedule. Under tients a year. They are there to provide flect the true cost of health care in our this category, Medicare would cover health care to their communities 24 Critical Access Hospitals. physician services involved with the re- hours a day, 7 days a week, 365 days a Critical Access Hospitals are impor- mote management of specific medical year. tant regional hubs in rural areas. conditions.

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2002 CONGRESSIONAL RECORD — SENATE February 15, 2007 Not only are physicians in short sup- From birth, through chronic disease we have a full debate on the full range ply in many of rural communities, but management, to end-of-life care Crit- of issues. other health professionals are as well. ical Access Hospitals meet the health- My goodness, for us to take a couple That is why I introduced today a bill care needs of our communities. And of weeks to discuss this would not be that focuses specifically on issues re- our communities trust that we will inappropriate, given the importance lated to increasing nursing faculty. I continue to do so far into the future. and the magnitude and the seriousness am told by my friends in nursing that I yield the floor and I suggest the ab- of the moment. the problem is not that people don’t sence of a quorum. I support the troops. We all support want to go into nursing, but that it is The PRESIDING OFFICER. The the troops, and we need to support the difficult to get nurses to leave the clin- clerk will call the roll. troops in the field. That doesn’t mean ic to spend time in the classroom. The legislative clerk proceeded to we can’t have a debate, but it also Personnel is one piece of the puzzle call the roll. doesn’t mean we should be limited to and building up our health care institu- Mr. BROWNBACK. Mr. President, I just one thought that we can have to tions in rural area is another. ask unanimous consent that the order vote on. We should have a multiple set The Critical Access Hospital program for the quorum call be rescinded. of ideas, fully vetted and fully dis- has provided financial stability to The PRESIDING OFFICER. Without cussed. many struggling rural hospitals that objection, it is so ordered. As I have traveled across this coun- are the cornerstones of their commu- f try and in my home State, this is one nities. It is essential that Congress pro- subject about which people have a lot IRAQ tects this program now and into the fu- of different viewpoints and a lot of dif- ture. Prior to this program, hospital Mr. BROWNBACK. Mr. President, I ferent ideas. Everybody supports the closures were common and the rural rise to speak on the issue that is pres- troops, but they may not agree with health care system was fragile. ently before this body—whether it will how the war is proceeding. They think Without the Critical Access Hospital be here formally or not we will see— there ought to be other tactics em- program and support for rural pro- the issue of Iraq. I think it is critically ployed, and they want viewpoints ex- viders, there would be a floodgate of important we discuss it. I am glad to pressed. I think that is fully appro- small community care systems closing see we are having private discussions priate. I think the President invites us and potentially converting many small about it, but I think it is time to en- to, in responsible ways, bring these towns into ghost towns. gage. ideas and viewpoints forward. But you Debra Boardman, president and CEO I want to say, as one who does not of the Riverview Healthcare Associa- don’t do that with having just one support the troop surge, I think it is viewpoint and that is it; one vote and tion in Crookston has shared her story important we have a full process. I with me: you can’t have an option; one proposal think it is important we have a full without amendments, when there is a The Critical Access Hospital program has process where amendments are allowed afforded many rural hospitals the oppor- full debate and discussion that is need- tunity to modernize their facilities and helps and where people are allowed to bring ed on this topic. assure they will remain viable and accessible forward different ideas and thoughts. It So I want to voice my opinion on this to the residents of rural America. Prior to is the key issue of our day. It is an im- issue; that is, I think the way forward receiving Critical Access Hospital designa- portant issue of our day. It is some- is for us to engage in the full process tion in 2001, RiverView Healthcare Associa- thing that shouldn’t be drug out, but I that the Senate is fully capable of tion had not done a major building project don’t think asking for three, or four doing and desirous of doing. I think it since 1976. With this designation we were even, amendments to this resolution is would be important as well to our able to afford to physically restructure our something that would drag it out be- building and update our infrastructure to ac- troops in the field to have a full debate commodate the way health care is provided cause that is what allows full discus- on this topic. I hope that we do that, in the 21st Century. sion, and we certainly need a full dis- and we could start engaging in it now Since that time we have also been able to cussion on the record on the ways for- rather than putting it off and delaying add new physicians, vital new health care ward. it further. services and programs. As the largest em- I think it is also appropriate for us to f ployer in the county, a secondary benefit of do that in light of the division of pow- the program is that it has made RiverView TRIBUTE TO CHARLIE NORWOOD Healthcare Association a more secure eco- ers between the executive and legisla- nomic engine for our local rural community. tive branches. The President is the Mr. BROWNBACK. Mr. President, I Because of the important role that Commander in Chief, and he or she want to speak briefly on one other Critical Access Hospitals play in com- must move forward in that capacity. issue aside from the war effort, as that munity stability, I have introduced a We are the funding arm, the legislative is the one that really needs to, and bill to provide direct and guaranteed body. We are entitled to put forward does, occupy our time. But a good loans to complete the reconstruction our ideas, but there is one Commander friend of mine has just recently passed and rehabilitation of the Nation’s in Chief. I think it is important we away, Congressman Charlie Norwood. Rural Critical Access Hospitals within have this discussion to put forward our Charlie and I came in together in the the 5 years covered by the new farm ideas, but it needs to be a full discus- House of Representatives in the 1994 bill. sion of the ideas. election cycle. He recently passed away In more ways than we can possibly I would urge the Democratic leader, due to complications in his liver from a measure, rural communities are the the majority leader, to bring this issue long battle that he had with pul- heart of America. They provide us with forward in a way that we could debate monary fibrosis and the difficulties food, energy and more importantly the various options. I have been in this that he had. values and leadership that keep our body certainly during debate on con- His legislative accomplishments are Nation on track. Just as we care for tentious issues wherein we are given significant, and those are in the our bodily heart, we need to care for different viewpoints to allow people to RECORD and well known. What I want our spiritual heart in rural America or vote, and on one that is so important to talk about is the person because he the whole Nation will suffer. and so critical, I think it is important was a beautiful man. He served in Viet- That is why my legislation attempts for us to have multiple viewpoints put nam as a dentist. He had this beautiful, to raise the needs of our small town forward. So even as one who does not folksy way of presenting a tough topic. neighbors to become a national pri- support the troop surge, which I don’t He would boil down the essence of a dif- ority. I encourage all of my colleagues believe is the wise route to go, I believe ficult topic in a folksy sentence or two, to consider joining me in ensuring that this body should have options. and you would listen to it and you every American has access to the care I would not support a cloture motion would say: You know, I think that is that they need to lead healthy and pro- that says we will only have one option about accurate. ductive lives. I invite you to cosponsor to vote on. I don’t think that is a fair He could take difficult things and one of my seven bills aimed at doing or an appropriate process for this body boil them down. He cared a lot about just that. to follow. I think it is important that health care issues, and he worked a lot

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2007 CONGRESSIONAL RECORD — SENATE S2003 on health care issues. What I remember nity Broadcasting Protection Act in Award of the Council for Citizens is a kindly gentleman who was very ac- 1998. Against Government Waste, and the tive and involved in the issues of the In congressional oversight action, Taxpayer’s Friend Award of National day and who cared about other people. Norwood played a key role in the 1996– Taxpayers Union. He taught adult Sunday school classes. 1998 Teamster’s investigation, the 1998– Dr. Norwood and his wife Gloria were He worked as a small businessman. He 2002 investigations of theft and fraud at longtime members of and taught adult was a dedicated public servant, even as the U.S. Department of Education, and Sunday school at Trinity-on-the-Hill he felt that the Government had grown the impeachment of former President United Methodist Church in Augusta. too big and was taking over too much Bill Clinton in 1998. He was also a past board member of the authority. Norwood received a bachelor’s degree Augusta Opera Society and a member It reminds me that, as we leave these from Georgia Southern University in of the Augusta Symphony Guild. places—and we all will—when you look Statesboro in 1964, and a doctorate in Mr. BROWNBACK. Mr. President, I back on it, there is a legislative career, dental surgery from Georgetown Uni- note the absence of a quorum. and there are a number of legislative versity Dental School in Washington, The PRESIDING OFFICER. The items that each of us are associated DC, in 1967, where he was elected presi- clerk will call the roll. with, and the cares and concerns and dent of the Dental School Student The assistant legislative clerk pro- the passions that we have of the day, Body in his senior year. He married the ceeded to call the roll. but there is also a person who is there, former Gloria Wilkinson of Valdosta in Mr. ALEXANDER. Mr. President, I and the soul and the character of that 1962 while attending Georgia Southern. ask unanimous consent that the order individual. In this case, Dr. Charlie After dental school, he volunteered for the quorum call be rescinded. The PRESIDING OFFICER. Without Norwood had a beautiful soul. He was for the U. S. Army and served as a captain in the Dental Corps from 1967 to objection, it is so ordered. someone who touched people in a posi- The Senator from Tennessee is recog- tive way. I am not sure you can say a 1969, beginning with an assignment to the U.S. Army Dental Corps at Sandia nized. lot more at the end of our days than Mr. ALEXANDER. Mr. President, are Army Base in Albuquerque, NM. In 1968 that. we now in morning business? Congressman Norwood is survived by he was transferred to the Medical Bat- The PRESIDING OFFICER. The Sen- his wife Gloria, sons Charles and talion of the 173rd Airborne Brigade in ator is correct. Carlton Norwood, and grandchildren, Vietnam, and served a combat tour at Mr. ALEXANDER. I ask unanimous all of Augusta. Quin Yon, An Khe, and LZ English at consent to speak for up to 15 minutes. During his life, Norwood has served Bon Son. In recognition of his service The PRESIDING OFFICER. Without as a Member of Congress, longtime pa- under combat conditions, he was objection, it is so ordered. tients’ and individual rights champion, awarded the Combat Medical Badge f dentist, Vietnam veteran, and small and two Bronze Stars. businessman. After Vietnam, he was assigned to REAL ID CARD Norwood, a seven-term Member of the Dental Corps at Fort Gordon, GA, Mr. ALEXANDER. Mr. President, if the U.S. House of Representatives from where he served until his discharge in the Chair would please let me know 1995 to 2007, served most of east Geor- 1969. Norwood was awarded the Asso- when I have a minute left. gia at some point during his congres- ciation of the United States Army Mr. President, when we come back sional career due to redistricting in Cocklin Award in 1998, and was in- from the recess we are going to turn 1996, 2002, and 2006. He won re-election ducted into the Association’s Audie our attention to the 9/11 Commission every year since 1998 by landslide mar- Murphy Society in 1999. He remained a recommendations which have been en- gins, and was elected to the 110th Con- lifelong member of the American Le- acted by the House. I want to discuss gress in November by a 68 percent mar- gion, the Veterans of Foreign Wars, an issue I hope will come up when we gin. His 10th District seat will be filled and the Military Order of the World discuss the 9/11 Commission rec- in a special election to be scheduled by Wars. ommendations and that has to do with Georgia Governor Sonny Perdue. Dr. Norwood began private practice the so-called REAL ID card, the de Norwood achieved national recogni- dentistry in Augusta immediately after facto national ID card. tion after introducing the first com- his discharge. During his dental career, This is a law that was enacted in prehensive managed health care reform he served as president of the Georgia early 2005. It was House-passed legisla- legislation to Congress in 1995, which Dental Association and was a delegate tion that would require States to turn subsequently passed the House of Rep- to the American Dental Association. more than 190 million driver’s licenses resentatives in both 1999 and 2001. Nor- In addition to his dental practice, into de facto national identification wood’s Patient’s Bill of Rights legisla- Norwood also founded Northwoods cards, with State taxpayers paying tion became a key issue in the 2000 Nursery in Evans, providing trees and most of the costs. I am not very much presidential election, and will likely be shrubs to wholesale outlets throughout of a prognosticator. My predictions revived in the 110th Congress. the Central Savannah River Area, and have never been all that accurate, but Norwood was instrumental in health Augusta Dental Laboratory, which at the time of that passage, I objected care reform for military retirees and manufactured dental devices for pa- to it. veterans as well as patients-at-large. tients. The first thing wrong with the REAL The former Army dentist was co-au- He became a stalwart supporter of ID law was that the House stuck the thor of the Keep Our Promises to Mili- small business and property rights in- law into an appropriations bill that tary Retirees Act in 1999, which pro- terests in Congress, receiving the 1995 supported our troops in Iraq and sent it vided fully funded health care for life Fighting Frosh award of the United over to the Senate. None of us wanted for the Nation’s military retirees. The States Business and Industrial Council, to slow down support for our troops in majority of the bill was enacted as part the Guardian of Senior’s Rights Award Iraq while we debated ID cards, so it of the Defense Authorization Act of of the 60 Plus Association, the Friend was stuck in there and we passed it. 2000. of the Family Award of the Christian But the second and larger problem with In addition to his longtime national Coalition, the Friend of the Taxpayer what the House did 2 years ago, and advocacy for patients, Norwood suc- Award of Americans for Tax Reform, which we agreed to and it became law, ceeded in passing reforms across a the Guardian of Small Business Award is that States not only got to create broad range of public policy areas, of the National Federation of Inde- the ID cards, but they will likely end spanning education, private property pendent Business, the Spirit of Enter- up paying the bill. I said to my col- rights, telecommunications, and envi- prise Award of the U.S. Chamber of leagues, and at that time we had a Re- ronmental regulations. Commerce, the Thomas Jefferson publican Congress: This is one more of Norwood is further recognized as the Award of the U.S. Food Service Coun- the unfunded Federal mandates we Re- father of the Nation’s current Class A cil, the Champion of Property Rights publicans promised to end. broadcast television service, by author- Award of the League of Private Prop- Well, now we have moved ahead ing and passing into law the Commu- erty Owners, the Taxpayer’s Hero about 2 years, and I believe I have

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2004 CONGRESSIONAL RECORD — SENATE February 15, 2007 turned out to be right about that. Just When I was Governor of Tennessee, I are only hiring people legally in the last month, the Maine Legislature be- twice vetoed the photo driver’s license United States. Swift and other compa- came the first State to approve a reso- which we all now carry around in our nies do that. Even if they do that, they lution urging Congress to overturn the pockets. I did that, first, because I cannot be assured that the people they Real ID Act before it takes effect on thought it was an infringement upon are hiring are legally here because the States in May of 2008. Only 4 of the civil liberties; and, second, I did it be- many of the Social Security numbers 186 Maine lawmakers voted no. In the cause I thought what would happen was have been stolen, as it turns out, and it following other States there are bills, we would have lines around the block is against our laws to inquire too far according to USA Today, that are con- of people waiting to get their photo ID into someone who applies for a job and sidering asking us to overturn the law: card—and that still happens some- presents evidence they are a citizen. Hawaii, Georgia, Massachusetts, New times—but I was gradually overruled Our laws say you cannot ask more Mexico, Oklahoma, Vermont, and by the State legislature and we got an questions to second-guess that. Washington. ID card. We have some work to do. All of us One reason they are asking us to What helped getting overruled was who think about the immigration overturn it is that according to the Na- when I showed up at the White House issue—which is what brought all this tional Governors Association, imple- once to see the President at the Na- up, along with the September 11 dis- menting the law will cost more than tional Governor’s Conference and they aster—we think of the immigration $11 billion over 5 years. We have pro- asked to see my photo ID. I said: I issue and we think of the need for em- vided $40 million of the $11 billion. don’t have one. They asked: Why not? I ployer verification. For employers in That is an enormous unfunded Federal said: Because I vetoed it. And I had to this country to verify that people they mandate. be vouched for by the Governor of hire are legally here, we are going to The Presiding Officer is a former Georgia. The push for this was law en- have to supply those employers, in State official. I don’t know if he had forcement saying it would help with some way, with the ability to ask for a these same feelings when he was in his check cashing and other identification. good identification card. Perhaps it is State of Colorado, but nothing used to the Social Security card, perhaps it is make me madder when I was Governor While as a liberty-loving country, we say we do not want a national ID card, at the a travel card, perhaps it is a passport, of Tennessee than for some group of same time, we have allowed a de facto na- perhaps it is a bank card, maybe there Congressmen to come up with a big tional ID card. That is a State driver’s li- are two or three of those. That might idea, turn it into law, hold a big press cense. We have over 190 million of these. We be a way to avoid having a single card conference, take credit for it, and send all know the de facto driver’s license ID the bill to the States to pay for it. cards are very ineffective. They are easily and could diminish the concern about Then that same Congressman would duplicated, they are often stolen, and we go civil liberties. Or maybe the needed ID usually be back home making a Lin- around not just using them to prove we can is the driver’s license, but I doubt it is coln Day speech, bragging about local drive, but we use them to get on airplanes, the driver’s license. we use them to cash checks, and we use them Certainly, we should not expect the control. to get a passport. They are not an effective men and women in the Tennessee De- I am afraid that is what we have with ID card. REAL ID. It sounds pretty good maybe partment of Public Safety who are in I have reluctantly come to my con- to say: Oh, we have a war against ter- charge of issuing a few million driver’s rorism, and we have illegal immigra- clusion. Despite the fact I vetoed those licenses, to be turned into CIA agents tion and other immigration issues. We early ID cards, on September 11, one whose job it is to catch terrorists. I need some sort of identification card way our world has changed is we do don’t think they are expected to do that will make it possible to do a bet- need a national ID card. Maybe our dis- that. They are not prepared to do that. ter job of fighting terrorists and im- cussion in committees would show we What we will be requiring is the citi- pose the rule of law on our border. do not want one but that we want au- zens of the various States to show up That sounds good, but there is a right thorized two or three forms of identi- to get their driver’s license or a re- way to do it and a wrong way to do it. fication cards which meet certain newal with different forms of identi- Here is what we should have done and standards which can be used for dif- fication, some of which they may not what I hope we will do. I hope the week ferent ways. have. It will be a very expensive proc- For example, there could be a travel after next, when Senator COLLINS of ess and a big mess. My first impression Maine comes to the Senate, which I card that one could use to get on an is that the State driver’s license sys- hope she will, and offers an amendment airplane. If you had that travel card tem is not the best place to look if we that will, in effect, set up a thoughtful that allowed you to get on the air- want to create an identification card. process for, first, delaying the imple- plane, you might use it for other pur- Here is my suggestion. My suggestion mentation of this bill and, second, give poses, as we have come to use the driv- is we pay close attention to the Sen- us a chance to consider all of its rami- er’s licenses in that way or we might ator from Maine, SUSAN COLLINS, when fications, I hope we will adopt that as use the passport. About a quarter of we come back after the recess. She has part of the 9/11 Commission Report. In Americans have passports, 68 million a thoughtful recommendation to the other words, give the idea of a national Americans. That is one form of an ID Senate which suggests, over the next identification card the kind of thought- card though not as common as 196 mil- couple of years, we have time to look ful attention it deserves in the Senate. lion driver’s licenses. There is also the at this issue of whether we need a na- No. 1, we should do it because it is a Social Security card. My initial in- tional identification card and what huge break with our tradition of lib- stinct is that a Social Security card kind of identification card we might erty in this country. We do not have to that had the proper technology at- need. I hope the hearings would be held look very far around the world—South tached to it would be the wisest, the this year in the Homeland Security and Africa is the first place to look—to see most effective, and most useful ID card Governmental Affairs Committee and the abuse a national identification because most of the immigration prob- the Judiciary Committee or whatever card can cause. In South Africa, it was lems we have are related to work, ei- the appropriate committees might be, used to classify people according to ther as a student or as a worker. It and then we might deal with this issue race. Everybody had to have one. Ev- would be natural to have an ID card, to in the immigration bill which I hope erybody had to carry it around. have a Social Security card such as the we pass this year. In this age of technology in a coun- card we carry around in our pockets We need a comprehensive immigra- try that values liberty above every- that also serves as a de facto national tion bill. That bill needs to have an thing else, there are a lot of questions ID card. employer verification system. I don’t about whether we should have a na- There was a case of the Swift Com- see how we can have an employer tional ID card. Those ought to be ex- pany, which was using, under our anti- verification system without a good plored in the Senate. We ought not quated immigration laws, the basic form of identification card. I hope we push one through in a bill no one wants pilot program, which is what we say to will deal with this in the way the Sen- to vote against because it is primarily businesses to use if we want them to do ate normally deals with issues; that is, about supporting troops. everything they can to make sure they through its committees, considering all

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2007 CONGRESSIONAL RECORD — SENATE S2005 of the options. In the meantime, we immigration, probably the most logical idea er was the Attorney General of the have the Real ID law in place with the is to upgrade the Social Security card, which United States, and would eventually estimate that it may cost up to $11 bil- directly relates to the reason most immi- join TED in the Senate in 1965. grants come to the United States: to work. lion, a huge unfunded mandate. We As for Senator EDWARD ‘‘TED’’ KEN- I have fought government ID cards as long NEDY, himself, he had attended two of have States saying we are going to opt and as hard as anyone. In 1983, when I was out of that program. If they do, that governor of Tennessee, our legislature voted our country’s premier educational in- means the citizens of Maine or Mon- to put photographs on driver’s licenses. Mer- stitutions, Harvard College, and, yes, tana or some other State will not be al- chants and policemen wanted a state ID card the University of Virginia. And he, TED lowed to fly on airplanes, for example, to discourage check fraud and teenage drink- KENNEDY, had already accumulated a because they will not be from a State ing. I vetoed this photo driver’s license bill lifetime of political experience by the that has an approved ID card. That will twice because I believed driver’s licenses tender age of 30 when he came to this create a lot more confusion and a lot should be about driving and that state ID Senate. How remarkable—just burst cards infringed on civil liberties. upon the landscape. I remember. There- more angry constituents. That same year, on a visit to the White I am here today to wave a yellow House, when a guard asked for my photo ID, fore, as the Scripture tells us, we had a flag, to remind Members of the Real ID I said, ‘‘We don’t have them in Tennessee. I right to expect much from TED KEN- issue. It may not be part of the 9/11 vetoed them.’’ The guard said, ‘‘You can’t NEDY when he came to the Senate. We Commission recommendation when get in without one.’’ The governor of Geor- had a right to expect much. What they come to the floor, but it is rel- gia, who had his photo ID driver’s license, about our expectations? He delivered. evant and certainly germane. I hope vouched for me. I was admitted to the White He delivered. the Senator from Maine will provoke a House, the legislature at home overrode my In the Senate, TED KENNEDY became veto and I gave up my fight against a state the heart and the conscience, yes, of discussion of it, and we will move to ID card. delay its implementation until we can For years state driver’s licenses have American liberalism. And he has been think this through and do it right. served as de facto national ID cards. They one of the most effective—I know. I I ask unanimous consent to have have been unreliable. All but one of the Sept. have been here. I have watched him. I printed in the RECORD an article I 11 terrorists had a valid driver’s license. did not particularly like him at the be- wrote for the Washington Post on Even today, when I board an airplane, secu- ginning. He did not like me. Each of us Wednesday, March 30, 2005, about the rity officials look at the front of my driver’s knew that. We did not care who else Real ID and my views. license, which expired in 2000, and rarely knew it. It did not matter. There being no objection, the mate- turn it over to verify that it has been ex- In the Senate, Senator KENNEDY be- tended until 2005. came the heart and the conscience of rial was ordered to be printed in the I still detest the idea of a government ID RECORD, as follows: card. South Africa’s experience is a grim re- American liberalism. He has been one [From the Washington Post, Mar. 30, 2005] minder of how such documents can be of the most effective national legisla- MUCH AS I HATE IT, WE NEED A NATIONAL ID abused. But I’m afraid this is one of the ways tors—read the RECORD; read the history (By Lamar Alexander) Sept. 11 has changed our lives. Instead of of the Senate—he has been one of the pretending we are not creating national ID The House recently passed legislation re- most effective national legislators of cards when we obviously are, Congress quiring states to turn 190 million driver’s li- the 20th century. And as one who should carefully create an effective federal censes into national ID cards, with state tax- knows something about American his- document that helps prevent terrorism— payers paying most of the cost. tory and the history of the Senate, he with as much respect for privacy as possible. The first thing wrong here is that the has been one of the most effective na- House stuck the ID card proposal on the ap- f tional legislators of all time in the propriations bill that supports troops in Iraq HAPPY BIRTHDAY, SENATOR Senate. I have not lived all time, but I and sent it over to the Senate. We should not know something about all time. I know slow down money for our troops while we de- KENNEDY bate ID cards. something about the Senate and know Mr. BYRD. Mr. President, President something about the history of the The second problem is that states not only John F. Kennedy was fond of quoting get to create these ID cards, they’ll likely Senate. end up paying the bill. This is one more of the Biblical passage of the New Testa- TED KENNEDY has been one of the the unfunded federal mandates that we Re- ment: most effective national legislators of publicans promised to stop. For unto whomsoever much is given of him the 20th century or of all time as far as Supporters argue that this is no mandate shall be much required. this Republic stands. His imprint is on because states have a choice. True, states That was quoted from the 12th chap- nearly every piece of progressive legis- may refuse to conform to the proposed fed- ter of the Gospel of St. Luke, verse 48, eral standards and issue licenses to whom- lation crafted during the past 45 years. ever they choose, including illegal immi- the King James version. I will read that again. I want to make grants—but if they do, that state’s licenses When I think of that passage, I think sure I believe that myself. His imprint will not be accepted for ‘‘federal purposes,’’ of the life, the career, and the accom- is on nearly every piece of progressive such as boarding an airplane. Some choice. plishments thus far of my dear friend, legislation crafted during the past 45 What governor will deny his or her citizens my dear friend and colleague, Senator years: the Occupational Safety and the identification they need to travel by air TED KENNEDY, who will turn 75 years Health Act, OSHA; the Voting Rights and cash Social Security checks, or for old—Oh, to be 75 again—he will turn 75 Act; the Age Discrimination Act; the ‘‘other federal purposes?’’ Of course, the ID card may still backfire on years old, on February 22. The Senate Freedom of Information Act; the Amer- Congress. Some feisty governor may say, will be out of session on February 22. icans with Disabilities Act; health care ‘‘Who are these people in Washington telling When TED KENNEDY came to the Sen- reform; increases in the Federal minus what to do with our drivers’ licenses and ate in 1962, I would already have been imum wage. These are but a few of his, making us pay for them, too? California will here 4 years. So when he, TED KEN- TED KENNEDY’s, legislative monu- use its licenses for certifying drivers, and NEDY, came to the Senate in 1962, much ments. Additionally, he has been Congress can create its own ID card for peo- had already been given to Senator TED among those few at the very forefront ple who want to fly and do other federally KENNEDY. He had been born into a regulated things—and if they do not, I will of promoting women’s rights and wom- put on the Internet the home telephone num- wealthy and remarkably, remarkably en’s equality. bers of all the congressmen.’’ talented family. His father, a financial He, EDWARD M. KENNEDY, TED KEN- If just one state refused to do the federal genius, had been an Ambassador to NEDY, is the Senate’s Mr. Health Care. government’s ID work, Congress would be England—think of that, Ambassador to He is the Senate’s Mr. Civil Rights, to forced to create what it claims to oppose—a England—and the very first Commis- a great extent. He is the Senate’s Mr. federal ID card for citizens of that state. sioner of the Securities and Exchange Human Rights. As his Senate record re- Finally, if we must have a better ID card Commission. veals, Senator KENNEDY is a man—a for some federal purposes, then there are bet- One of his brothers, one of TED KEN- ter ideas than turning state driver’s license Senator—of remarkable compassion, examiners into CIA agents. Congress might NEDY’s brothers, had been a Senator—I who has labored mightily on behalf of create an airline traveler’s card. Or there can see him now, as it were—and was his fellow citizens. could be an expanded use of U.S. passports. then President of the United States, Although born to a life of privilege, Since a motive here is to discourage illegal but had been a Senator. Another broth- TED KENNEDY has dedicated his life—if

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2006 CONGRESSIONAL RECORD — SENATE February 15, 2007 I ever saw a dedication to public serv- I close this brief statement about ad- In this body, we speak often of the ice—dedicated his life to public service. miration for TED KENNEDY with these value of public service. These three Senator EDWARD M. KENNEDY, TED words: Montanans lived it every day. Too KENNEDY, has spent more than half of ‘‘How far away is the temple of fame?’’ often, we are reminded of the sacrifices his life in the Senate. I have done that, Said a youth at the dawn of the day. of our first responders, firefighters, po- too. I was just contemplating and fig- He toiled and strove for a deathless name; lice officers, nurses, and doctors. I ask uring in my head. Yes, that is a long The hours went by and the evening came, my colleagues and all Americans to time. He has spent more than half of Leaving him old and feeble and lame, take a moment, when we can, to thank his life in the Senate, yes. Yes, I have To plod on his cheerless way. those who put their lives on the line spent more than half of mine, but I am ‘‘How far away is the temple of good?’’ serving this country at home. We owe not the subject of this. Said another youth at the dawn of the day. them so much. He, TED KENNEDY, is now second in He toiled in the spirit of brotherhood, To help and succor as best he could With great respect for these fine seniority in the Senate. He, TED KEN- The poor and unfortunate multitude, three Montanans, I yield the floor. NEDY, is the third longest serving Sen- In its hard and cheerless way. The PRESIDING OFFICER. The Sen- ator in the history of the United States ator from Massachusetts. of America. He was careless alike of praise or blame, But after his work was done, f As I wish my dear friend TED KEN- An angel of glory from heaven came SENATOR KENNEDY NEDY the happiest of birthdays, perhaps To write on high his immortal name, I should point out that our relation- And to proclaim the truth that the temple of Mr. KERRY. Mr. President, I thank ship—his and mine—did not begin—I fame the Senator from West Virginia for his think I have already hinted at that—on And the temple of good are one. comments about my colleague, Senator the friendliest of terms. I first encoun- For this is the lesson that history KENNEDY, who I know, if he were here, tered TED KENNEDY during the bitter Has taught since the world began; would be equally grateful. I am not and famous 1960 West Virginia Demo- That those whose memories never die, going to be addressing the issue of Sen- But shine like stars in the human sky, cratic primary. TED KENNEDY was in ator KENNEDY’s birthday today. I will the State helping his brother John F. And brighter glow as the years go by, Are the men who live for man. do so tomorrow. But we are all grateful Kennedy, who was running for Presi- for Senator BYRD and what he rep- dent. I, ROBERT C. BYRD, was sup- Senator TED KENNEDY is a public resents in the Senate. There is nobody porting the other guy. servant. He is a dedicated legislator. who knows the record of my colleague In 1971, he, TED KENNEDY, was run- He is a great Senator of our times who better, who has served with him longer, ning for reelection to his position as endeavors to live for his fellow man. or who has been through more battles the Senate Democratic whip. Again, I Happy birthday, TED KENNEDY. God with him than Senator BYRD. We are supported the other guy—me. bless you. Because of you, we are a bet- grateful for those comments. In 1976, I was running for the position ter country. of Senate majority leader. This time, I yield the floor. f he, TED KENNEDY, was supporting the The PRESIDING OFFICER. The Sen- IRAQ other guy. ator from Montana. Mr. KERRY. Four years ago, as we This hardly seemed the beginning of all know too well, we sent our young a beautiful relationship, but it was. f During our service together in the men and women to Iraq for a war that HONORING VINCE KIROL, DARCY many of us now believe was a grave and Senate, I came to admire TED KEN- DENGEL, AND PAUL ERICKSON tragic mistake. Day after day, month NEDY—yes, I came to admire him—as a dedicated Senator of incredible tenac- Mr. TESTER. Mr. President, I rise after month, the administration has re- ity and admirable legislative skills. I today in honor of three Montanans, peatedly exacerbated that mistake by found him to be an indefatigable work- three true public servants and Amer- leaving our soldiers in the field wither who could accomplish, yes, what ican heroes who passed away last week out the equipment and without the seemed to be legislative miracles. in my home State of Montana. protection they need and deserve, Sometimes they were. Today, Senator BAUCUS and I grieve knowing full well what the lethal con- I, personally, will always be grateful with the city of Great Falls and the sequences would be. for the support, the unstinting support, State of Montana. I ask that we keep There will be and there is disagree- that Senator TED KENNEDY gave to me the families of the three victims of a ment in this body over the next dif- during the years that it was my privi- Mercy Flight air ambulance crash in ficult steps to take in Iraq. We can dis- lege to serve, yes, serve as the Senate our thoughts and prayers. Their col- agree on troop numbers. We can dis- Democratic leader. And I was. I was leagues at Benefis Hospital in Great agree on a timetable. We can disagree the leader, the Senate Democratic Falls and across my State are mourn- on the shape of a future political set- leader. When times got tough, as they ing, remembering, and honoring the tlement in Iraq. Surely, we can all rec- sometimes do for a Senate leader, I lives of Vince Kirol, Darcy Dengel, and ognize those are honest differences of knew that I could always count—I Paul Erickson. opinion. But there is no difference of could always count; yes, even without Vince, Darcy, and Paul died when opinion and there is no disagreement asking him, I knew where he stood—I their plane went down on a routine here that we ought to be giving our could always count on him. It may flight from Great Falls to Bozeman troops absolutely everything they need have been a needed vote. It may have Tuesday night to pick up a patient. I in order to accomplish this mission. been his assistance in building support ask that we in this body hold these There is no disagreement that those for a legislative proposal. Whatever three in highest esteem as public serv- troops deserve everything they need to was needed, he, EDWARD M. KENNEDY, ants who selflessly risked their own be as safe as possible, and there should TED, was there. He was there, he was lives to help others. be no disagreement that when we ask always there for me, and I am grateful. Vince Kirol was a pilot for 40 years. young men and women to leave their As a result, our friendship has devel- He flew for Mercy Flight the last 12 of families to fight deadly foreign en- oped and strengthened. those years. Vince has left an ever- emies halfway across the globe, when Today I am proud to call TED KEN- lasting footprint on Montana. we ask them to put their lives on the NEDY one of my best and dearest Darcy Dengel, a registered flight line, the least we owe them is the friends. I have to say he is my best and nurse, was only 27 years of age. She equipment they need to protect them- dearest friend. I will always value his was engaged to be married to a Great selves and get the job done. One soldier friendship. I especially appreciate the Falls police officer. Darcy will not be dying from a roadside bomb because he way he has extended that friendship forgotten. or she does not have the body armor is not only to me but also to all the peo- Paul Erickson was a Great Falls fire- one too many. ple of West Virginia. And he did much fighter and paramedic. We will never The fact is, when it comes to body of that before he became a friend of forget the service Paul left behind. It armor, when it comes to armored vehi- mine. has changed lives forever. cles in Iraq, our troops do not have

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2007 CONGRESSIONAL RECORD — SENATE S2007 what they need. According to the Reed minus their limbs? Oh, sorry, we the fact that we have never been mobi- Washington Post this week, our sol- just didn’t get them over there in time, lized to actually do what you do in diers are short more than 4,000 of the even though we had a couple of years war. We talk about war; the rhetoric is latest humvee armor kit, the FRAG to make the plans and respond, the all about war; but there is no request of Kit 5. Fewer than half of the Army’s most powerful, richest Nation on the Americans to behave as if we are at 14,500 up-armored HMMWVs in Iraq and face of the planet, one that prides itself war. Certainly, for the people waiting Afghanistan have the latest equipment. on its technology and on its support for for that equipment, there is no showing As Lieutenant General Stevens, the the troops. How do you explain that to that we are serious about it. Army’s Deputy Chief of Staff for Force one of those soldiers? From the time we invaded, the need Development, said: Eighteen months into the war, Don- for a fleet of vehicles that could keep We don’t have the kits and we don’t have ald Rumsfeld told troops in Kuwait a our troops safe has been unmistakable. the trucks. now famous line: From the time we first got there, peo- It is not just armored vehicles that As you know, you go to war with the Army ple knew you would drive down the would keep our troops safer. They need that you have. streets and be exposed to these kinds of better body armor, too. People are ac- Well, in addition to being a pretty risks. Yet we kept relying on one sin- tually holding bake sales in our States smug and even cavalier thing to say at gle provider of uparmored HMMWVs, in order to raise the money to pri- that point in time, you ought to meas- and given the chronic shortfalls we vately purchase and send to their loved ure it by where we are today. That was have seen, that is a pretty amazing re- ones the armor or the helmets they about a year and a half ago. You may liance. Still, the Administration want. go into war with the Army you have, doesn’t seem to respond. Over a year ago, the Pentagon issued but smart people adapt to their en- The President’s defense budget for a report that many of the deaths in emy’s tactics. You exploit their weak- next year does not include enough Iraq caused by upper-body injuries nesses, and you certainly work to mini- funds for armored vehicles, so the Ma- could be prevented if all the body mize your own. We ended World War II rine Corps had to ask Congress for an armor issued to our troops included in less time than it has taken to pros- additional $2.8 billion to buy more side armor plates. Some of my col- ecute the current war in Iraq. We ended mine-resistant, ambush-protected vehi- leagues raised this issue with Sec- it with a weapon that didn’t even exist cles. Going back to 2002, the Adminis- retary Rumsfeld, and he assured them when World War II began, when Pearl tration terminated funding for one al- that the Pentagon was going to begin Harbor took place. ternative vehicle that was more suited the procurement and delivery of an ad- We have known for years now that to the battlefield in Iraq—because of ditional 230,000 sets of side armor the technologies our enemies are using what they called ‘‘budget priorities.’’ I plates. to kill our troops are outpacing the want to know what the budget priority Last month, another Pentagon report equipment we use to protect them. And was that came ahead of providing a ve- found continued shortages in force pro- the gap between their offensive weap- hicle to our troops that would have tection equipment for our soldiers, a ons and our defensive armor is only been more suited to the battlefield. shortage of body armor, a shortage of growing, thanks in part to a major in- Was it the tax cuts? What was the pri- up-armored vehicles, a shortage of crease in an especially lethal kind of ority? communications equipment, and a roadside bomb, the so-called EFP or While this is an urgent short-term shortage of electronic countermeasure explosively formed penetrator. This is concern, we also need to think about devices. a diabolical contraption which has what our soldiers will need in the long We have also heard firsthand from been described as a ‘‘spear that rips term for 21st century warfare. Enemies troops that many are still being issued right through the vehicle.’’ It can are taking book on the weaknesses body armor without the side armor shoot a metal projectile through the that we are showing them on a daily plates. How can someone be content to side of even an up-armored HMMWV basis. Unfortunately, this will not be send our soldiers on the most dan- and turn pieces of the vehicle itself the last war in which our troops are gerous patrols in the roughest neigh- into shrapnel that kills or maims the targeted in the vehicles they ride. borhoods of Baghdad without the best soldiers inside. Since Somalia, in 1993, we have possible protection being afforded Ninety percent of American fatalities known that humvees, with their thin them? from these terrible weapons have come skin and square-bottom chassis, are ill- In the last 4 years, over 1,100 Ameri- in Baghdad. Against the warnings of suited for counterinsurgency and the cans have died from roadside bombs, former Secretary of State Colin Pow- modern battlefield. We need to bridge and thousands of our best troops have ell, against the warnings of GEN John this short-term gap and we need to in- suffered debilitating injuries or had Abizaid, against the warnings of the vest in the armored vehicles to keep their lives permanently altered by entire Joint Chiefs of Staff last year, our soldiers safe in the future. This is these terrible weapons. who said we don’t need more troops serious business, and we cannot afford Knowing full well you don’t have and don’t want them, the President is to be vulnerable or reluctant to engage enough armor for the troops already in now sending five brigades to referee a with the urgency it requires. the field, how do you responsibly turn Sunni/Shia civil war. We are sending No Commander in Chief and no Con- around and say: That is OK. We will them without the protection they need gress should knowingly put the lives of just go ahead and put another 21,500 or to survive EFP attacks. our soldiers at risk unnecessarily. But more right there alongside them, par- Unfortunately, even with the latest that is exactly what is happening as we ticularly when it is a job that Iraqis armor, soldiers will still die from road- escalate this war. It is long past time themselves ought to be doing? By side bombs. But the new armor rein- that we had an honest conversation themselves, these shortages are trou- forces the doors, slows down the projec- about what protecting our troops ble. But the President’s plan to send tile, will keep soldiers safer, and it will means. Some of our colleagues have over this additional force makes them save many lives. When GEN James come to the floor, even after blocking a even more questionable. Conway, Commandant of the Marine vote on what we might or might not do Now we hear that the troops pouring Corps, talked about the armor kits, he with respect to Iraq and the Presi- into Iraq will not even have enough up- said the following: dent’s escalation plan, and they say armored HMMWVs or other armored They are expensive, but they are going to they want an amendment saying that vehicles until July. So what is the ra- save lives. if Congress were to use the power of tionale for putting in the over 20,000 The technology exists right now to the purse to force this Administration now, when the armor their lives depend keep our troops safer. So why, 4 years to change its failed policy, that that on is not going to arrive until July? later, do our troops not have it? Partly, somehow would be putting our troops How do you turn around and say to a it is due to the gross incompetence at at risk. parent or to one of those young people the highest levels of this Administra- Let me tell you what puts our troops themselves that they are the next peo- tion in their commitment to the pro- at risk. It is sending them on a mission ple to be over in Bethesda or in Walter curement process itself. Mostly, it is without the equipment, without the

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2008 CONGRESSIONAL RECORD — SENATE February 15, 2007 armor, without the vehicles that we Mr. GRASSLEY. Madam President, I week or Monday of this week when I know how to produce and are not being ask unanimous consent to speak in said the IRS estimates that the tax- produced, and which they don’t have. morning business for such time as I payers spend an average of 63 hours That is what puts our troops at risk. It might consume and that it be roughly computing the alternative minimum seems to me it is unfair, if not neg- 20 to 30 minutes. tax liability. The alternative minimum ligent, to put our troops at risk in the The PRESIDING OFFICER. Without tax is truly a very cruel way of raising crossfire of a civil war without the objection, it is so ordered. revenue. While there seems to be gen- equipment they need. f eral agreement that the AMT is a prob- So we ought to make certain we give ALTERNATIVE MINIMUM TAX lem, there has been less agreement on our soldiers the extra body armor and the solution for that problem. Perhaps the latest uparmored HMMWVs in Mr. GRASSLEY. Madam President, I shouldn’t be surprised that there are order to do their job. That is why I will you and other Senators have seen me more problems than there are solu- again introduce a resolution in the on the floor in the last few days in tions, but I am surprised by some of Senate that offers us the best chance order to bring some clarity to our dis- the obstacles preventing a solution to to salvage some measure of success in cussion we have every year about what the alternative minimum tax. Iraq. I am convinced the real way you to do with the alternative minimum protect the troops is to give them a tax. When I say ‘‘every year,’’ for at There are some who make the argu- mission that indeed invites success. least the last 3 years we have had some ment that any revenue not collected in And absent the kind of summit and di- discussion about the alternative min- the future as a result of the alternative plomacy necessary to resolve the fun- imum tax. I would remind people that minimum tax repeal, or reform, ought damental political differences between in 1999 we passed a repeal of the alter- to be offset. I explained this before, but Shia and Sunni, between the funda- native minimum tax, but President you can’t say it too many times around mental stakeholders in Iraq, our sol- Clinton vetoed it and we haven’t been here: The alternative minimum tax is a diers, no matter how brave or coura- able to repeal it since. phony revenue source and should not geous—and they are both—cannot do Now, this alternative minimum tax be offset. Since the alternative min- the job. The job has to be done at a was originally created in 1969 targeting imum tax collects revenues, it was table negotiating out those differences. wealthy taxpayers who were able to le- never intended to collect from people It is long since time we had a policy gally eliminate their entire income tax who were never intended to pay it in that sought to get Iraqis to take re- liabilities. The AMT has turned into a the first place. sponsibility for Iraq. The Iraqis have monster that has threatened to hurt Although the alternative minimum shown again and again that they only the middle class and maybe eventually tax is still with us, it is not because so- respond to a deadline. About 6 months touch lower income taxpayers if we lutions have not been considered and ago, General Casey and Ambassador don’t do something about it. Obviously, proposed. Right now I will walk Khalilzaid said publicly that the Iraqis if it is a monster, that ought to indi- had about 5 months to make a series of through some of those solutions that cate to my colleagues that I think it have been suggested. Before I begin, I decisions in order to resolve their dif- ought to be repealed. ferences, or it may become almost im- wish to emphasize a point I made a The reason for this, as I have ex- couple days ago. With surprising regu- possible to make it happen. Those 5 plained, is the failure a long time ago months came and went. Nothing hap- larity over the past 38 years, Congress to index the alternative minimum tax has been meddling with the AMT, in- pened. Nothing was required of the for inflation. Thirty-eight years of in- Iraqis that was firm. Nothing happened cluding the year I said we passed legis- flation has allowed the alternative lation to repeal it and President Clin- to change the equation on the ground minimum tax to spread to literally in Iraq. I believe it is only with a dead- ton vetoed it. Since 1969, more than 20 millions of taxpayers who were never bills have made changes to the alter- line that urges them to take those intended to pay it in the first place. Al- steps that we will ultimately be suc- native minimum tax. Sometimes the though more middle and lower income rate was adjusted. Sometimes the ex- cessful. That is what I believe we owe taxpayers will be hit by the alternative our soldiers. emption amounts were modified. More minimum tax, it has not decreased the than once, graduated rates were intro- The PRESIDING OFFICER (Ms. KLO- percentage of high-income taxpayers BUCHAR). The Senator from Oregon is duced. My point is that for 38 years, who have no tax liability. So here we Congress has hoped to tinker with the recognized. have the anomaly of a tax that was (The remarks of Mr. WYDEN per- alternative minimum tax in just the supposed to hit just the very wealthy. taining to the introduction of S. 647 are right, very right way, very perfect way, In the year 1969, we were talking located in today’s RECORD under to finally get it right but not suc- about a study which showed 155 people. ‘‘Statements on Introduced Bills and ceeded. Unless we truly believe we are Now it is hitting millions of people. Joint Resolutions.’’) the smartest Congress in 38 years, any- This year, if we don’t act, it is going to Mr. WYDEN. I yield the floor, and I thing short of complete repeal of the hit another 9 million or 10 million. And suggest the absence of a quorum. AMT will probably require yet further the anomaly is, there are people who The PRESIDING OFFICER. Without action down the road in a few years. objection, it is so ordered. have figured a way to even not pay the The bill clerk proceeded to call the alternative minimum tax, and those I would also like to draw attention to roll. people obviously are the wealthy whom the revenue estimates done by the The PRESIDING OFFICER. The Sen- it was supposed to hit in the first Joint Committee on Taxation in 2005 ator from Iowa is recognized. place. that is reproduced on this chart, and Mr. GRASSLEY. Madam President, I The alternative minimum tax also these numbers are so small I am only ask unanimous consent that the order takes more than the taxpayers’ money; going to talk around them and not spe- for the quorum call be rescinded. it takes an awful lot of time to figure cifically to those numbers. I ask unani- The PRESIDING OFFICER. Without through this when you are doing your mous consent that this estimate be objection, it is so ordered. taxes. I think it was on Tuesday of this printed in the RECORD. COMMITTEE ON FINANCE—ESTIMATED REVENUE EFFECTS OF VARIOUS INDIVIDUAL AMT OPTIONS—FISCAL YEARS 2006–2015 [Billions of dollars]

Provision Effective 2006 2007 2008 2OO9 2010 2011 2012 2013 2014 2015 2006–10 2006–15

1. Fully repeal the AMT ...... tyba 12/31/ ¥23.4 ¥61.2 ¥71.1 ¥83.9 ¥97.4 ¥79.3 ¥38.3 ¥44.4 ¥51.9 ¥60.1 ¥337.0 ¥611.0 05. 2. Allow certain preference items in the calculation of AMT: a. Personal exemption ...... tyba 12/31/ ¥11.2 ¥30.3 ¥37.0 ¥44.9 ¥53.0 ¥43.8 ¥23.1 ¥27.6 ¥33.2 ¥39.1 ¥176.4 ¥343.2 05. b. Standard deduction ...... tyba 12/31/ ¥1.8 ¥5.1 ¥6.8 ¥8.8 ¥10.8 ¥8.6 ¥3.9 ¥4.8 ¥5.9 ¥7.2 ¥33.3 ¥63.7 05. c. State and local taxes ...... tyba 12/31/ ¥16.1 ¥42.4 ¥49.1 ¥56.5 ¥63.5 ¥51.9 ¥28.6 ¥32.9 ¥38.1 ¥43.7 ¥227.6 ¥422.8 05.

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2007 CONGRESSIONAL RECORD — SENATE S2009 COMMITTEE ON FINANCE—ESTIMATED REVENUE EFFECTS OF VARIOUS INDIVIDUAL AMT OPTIONS—FISCAL YEARS 2006–2015—Continued [Billions of dollars]

Provision Effective 2006 2007 2008 2OO9 2010 2011 2012 2013 2014 2015 2006–10 2006–15

3. Permanent extension of present-law exemption amounts ...... tyba 12/31/ ¥11.8 ¥31.7 ¥37.4 ¥43.7 ¥50.2 ¥41.0 ¥23.1 ¥27.2 ¥32.1 ¥37.2 ¥174.8 ¥335.4 05. 4. Permanent extension of the treatment of nonrefundable credits tyba 12/31/ ¥0.6 ¥2.9 ¥3.2 ¥3.5 ¥3.9 ¥4.7 ¥6.7 ¥7.4 ¥8.3 ¥9.0 ¥14.1 ¥50.2 under the AMT. 05. 5. Extend and index the present-law exemption amount and lower tyba 12/31/ ¥12.5 ¥33.9 ¥41.5 ¥50.4 ¥59.9 ¥49.7 ¥27.4 ¥32.9 ¥39.7 ¥47.2 ¥198.2 ¥395.1 bracket endpoint. 05. 6. Provide an exemption from the AMT system for taxpayers with adjusted gross income less than: a. $50,000 ...... tyba 12/31/ ¥0.2 ¥0.5 ¥0.6 ¥0.7 ¥0.8 ¥0.8 ¥0.8 ¥0.9 ¥1.0 ¥1.1 ¥2.8 ¥7.4 05. b. $100,000 ...... tyba 12/31/ ¥3.3 ¥8.9 ¥10.6 ¥12.5 ¥14.4 ¥12.6 ¥9.0 ¥10.2 ¥11.5 ¥13.0 ¥49.7 ¥106.0 05. c. $150,000 ...... tyba 12/31/ ¥7.9 ¥21.2 ¥25.1 ¥29.8 ¥35.1 ¥29.1 ¥16.7 ¥19.4 ¥22.8 ¥28.2 ¥119.1 ¥233.3 05. 7. Increase the lower bracket endpoint from $175,000 to: a. $200,000 ...... tyba 12/31/ ¥0.4 ¥1.0 ¥1.1 ¥1.3 ¥1.5 ¥1.3 ¥0.9 ¥1.1 ¥1.2 ¥1.4 ¥5.3 ¥11.2 05. b. $250,000 ...... tyba 12/31/ ¥0.9 ¥2.3 ¥2.7 ¥3.2 ¥3.7 ¥3.2 ¥1.9 ¥2.3 ¥2.7 ¥3.2 ¥12.8 ¥26.1 05. 8. Reduce the rates from 26% and 28% to 24% and 26% ...... tyba 12/31/ ¥10.8 ¥28.9 ¥34.1 ¥40.0 ¥45.7 ¥37.0 ¥19.7 ¥23.1 ¥27.1 ¥31.4 ¥159.5 ¥297.8 05. Note.—Details may not add to totals due to rounding. Legend for ‘‘Effective’’ column: tyba = taxable years beginning after. Source: Joint Committee on Taxation.

Mr. GRASSLEY. This is an estimate can show you some taxpayers who 31. But as one who was involved in of how various proposed fixes to the al- ought to be paying it who have found that, they were never intended to be a ternative minimum tax will impact ways of getting around a provision that permanent solution. The patches were revenues expected to be collected under no wealthy taxpayer was supposed to always ‘‘kicking the can down the the current law. What you should note get around. I hope this body would be road’’ and letting somebody else worry is that full repeal aside—which I sug- ashamed to say that to anyone, that we about them. Well, I am still here, and gest is about the only way to do it but would consider going down that road, I have to worry about it, so I am cre- not considering that—each of those but there we are. ating problems for myself. But I don’t proposals will still allow the alter- The second point I wish to make is know how you can get people tuned in native minimum tax to bring hundreds Congress attempts to enact or do this to doing away with a tax, and you can’t of billions of dollars into the Treasury. every year. Every time a patch is condo away with it because you have to If you consider any proposal aside from sidered, there is another chance for offset it, but you are offsetting it with full repeal, you are saying that hun- taxpayers to be subject to a stealth tax a bunch of phantom income that was dreds of thousands, if not millions, of increase. Finally, we have to remember never supposed to be paid by these peo- people in our country deserve to bear that more than 3 million taxpayers are ple in the first place. The public listen- the burden of an alternative minimum currently caught by the AMT, and we ing to this are going to say: Well, what tax that is not even, in some instances are putting a chart up here now that planet did these Congressmen come today, taxing to people who are sup- will show more than 3 million families from? posed to pay the tax: the very wealthy. and individuals paid this tax in 2004. Well, let’s go on to another idea, to One possible solution is to continue This is the way it hits every State. In limit the reach of the alternative min- doing what we have been doing for the case the Senator who is presiding can’t imum tax based on income. We might past several years. Ever since 2001, the see this, in the case of Minnesota, decide, for instance, that anyone who Finance Committee has produced legis- there are 69,000 people in that State makes less than $125,000 a year will not lation that has kept additional tax- who paid this for the last year we know be subject to the alternative minimum payers from falling prey to the alter- about, 2004. In my State of Iowa, if I tax or maybe we could set it at the native minimum tax because of infla- can find Iowa on here, 17,000, and I will amount of $200,000 or you could say tion. In the tax increase prevention bet most of these people in Minnesota $400,000. Now, in a nutshell, I have laid and reconciliation bill of 2005, we were or Iowa who are paying it—you know, out a principal difficulty with setting a able to extend the hold-harmless clause in 1969, it was never anticipated that minimum threshold based on income. through December 31, just ended. That they pay it. But they are paying it be- How do we set a number that would be hold harmless now has expired and ac- cause that is the way our tax laws equitable throughout the country? I tion will need to be taken this very work, until you make some change in am not thinking of myself so much as year or the AMT will return to its pre- them, and because this wasn’t indexed. those who come from the so-called blue 2001 exemption levels, and tens of mil- In dealing with the alternative min- States, their taxpayers. Any Iowan who lions of taxpayers will fall into the imum tax, are we going to tell these has spent any time in Washington, DC, AMT and have to pay it this year. people we know that isn’t fair and we knows right away that it generally Suppose we are able to continue en- would like to help you, but in fact you costs more to live in those States than acting 1- or 2-year temporary patches, are out there on your own? Well, no in other States, more rural States. It as we did last year. First, this strategy taxpayer hearing me say that wants to costs more to buy a house, to buy food assumes that Congress will have the hear that. I hope this body would be at the grocery store. What I am trying time and the inclination to spend time ashamed to say to anyone, much less to get at is that prices and incomes are dealing with the alternative minimum more than 3 million families and indi- relative. Taxpayers living in areas such tax every year or two. This means that viduals, that any extension of a patch as Manhattan or San Francisco could whatever the issues of the day may or hold harmless will be fundamentally be especially hard hit by the alter- be—Iraq, unemployment, natural disas- flawed in that it doesn’t take people al- native minimum tax by income. In fix- ters such as Katrina—Congress will ready hit by the AMT into account. If ing the AMT, I don’t want to move have to stop dealing with those other we are going to decide to protect peo- problems around or reassign hardships. problems and periodically return to ple from falling into the clutches of the That is akin to reassigning the tables holding harmless people who would be AMT, it would be immoral to forget and chairs on the deck of the Titanic. otherwise hit by the alternative min- about those already subject to it. Another proposal which has been sug- imum tax. I wish to add, as someone involved in gested is to allow certain preference Is the alternative minimum tax an enacting the recent hold-harmless pro- items in the calculation of the alter- issue that we, as a legislative body, visions, so people preparing their in- native minimum tax. This would allow should revisit every year or wouldn’t it come tax right now, there aren’t any taxpayers to count items, such as a be better to do away with a piece of more of them hit by the alternative personal exemption, the standard de- legislation that was never intended to minimum tax than were hit the pre- duction, the State and local taxes, kill the middle class but will? Today I vious year, but that is ended December against their income for the purposes

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2010 CONGRESSIONAL RECORD — SENATE February 15, 2007 of calculating AMT liability. This ap- The orange line represents the estab- more who did not pay any income tax. proach is also fraught with difficulty lishment of a 24-percent rate along These 2,366 taxpayers did not use med- and unnecessary decisions. To imple- with the 2005 exemptions made perma- ical or dental expense deductions to ment this proposal, we would have to nent and indexed for inflation. This limit their tax liability. arbitrarily give some taxpayers an es- plan just described—the orange line— We must repeal the AMT. We must do cape hatch, while others would not be follows the trend of the red line as it it without offsetting any revenue the able to escape the AMT. incurs a drop before creeping back up. AMT is expected to collect in the next If we allow State and local taxes to Finally, the green line on the chart few years because it was never in- be a preferenced item, for example, we shows what would happen if we took tended in 1969 that these people pay the are giving an advantage to people who the 1985 exemption amount, which was alternative minimum tax. I have made choose to live in high-tax jurisdictions $30,000 for individuals and $40,000 for this point before but cannot make it over those who choose to live in low- joint returns, and indexed it for infla- too many times: The AMT was never tax jurisdictions. In my way of think- tion. As with the other three lines, the intended to be a significant source of ing, it is not fair for the Federal Gov- number of taxpayers affected drops revenue. It was supposed to be making ernment to give more favorable tax more before creeping back up once a point that when some of the very treatment to some taxpayers because again. wealthiest use every legal means they of where they live. Also, it seems likely Although some of these options seem can—and I stress ‘‘legal’’ because these that taxpayers who pay the most in to assist most taxpayers, do not be are not criminals—every legal means State and local taxes are going to be fooled by the large scale of this chart. to avoid paying income tax, they ought wealthy taxpayers whom the AMT was Even the option to index by 1985 ex- to pay a little bit for the privilege of supposed to tax in the very first place. emption leaves at least several hundred being in America. Not that they don’t If we were to give the standard de- thousand taxpayers exposed to the pay in other ways—it is a matter of duction preferential status in calcu- AMT. It would be difficult to explain to progressivity as much as it is the privi- lating AMT liability, then I have con- these people why others deserve fair lege of living in America, to be a mat- cerns about the impact this might treatment and they do not. ter of principle. It was never meant to have, for instance, on charitable giv- Clearly, there is only one way, then, be a significant source of income. ing. If we only allow the standard de- to fix the alternative minimum tax so Despite this, we will see the alter- duction to be taken against the AMT, that no taxpayer is subject to what has native minimum tax ballooning Fed- people may decide not to make chari- become a complete policy failure, be- eral revenues to historically high lev- table donations they might otherwise cause even some wealthy people who els if something is not done. This chart consider. On the other hand, we could were supposed to pay a minimum tax which I used a couple of days ago shows allow individuals to count their total for the privilege of living in America how revenues are projected to exceed charitable contributions when calcu- are able to get around it as well. We the 30-year historical average. This his- lating AMT. This approach favors must completely repeal the individual torical average is actually about a 50- those wealthy enough to make large alternative minimum tax. There is a year historical average, somewhere be- charitable contributions. bipartisan consensus that only com- tween 17 percent and 19 percent. We are The point I make is allowing tax- plete repeal is an adequate solution to at the historical average right now. payers to consider certain preferenced this problem. Chairman BAUCUS, with Even though we were a little bit below items when calculating their AMT li- me and with Senator CRAPO, Senator after the income tax cut of 2001, we are abilities will make it necessary to KYL, Senator ROBERTS, Senator SCHU- back up to 18.4 or 18.6 of GNP. If we do favor some taxpayers and will lead to MER, and Senator SMITH, last month in- not do something about this alter- more bills making more changes in the troduced the Individual Alternative native tax and we also continue to col- future to the AMT as various groups or Minimum Tax Repeal Act of 2007. By lect it from people who were never in- interests fight to allow a given exemp- the way, that is a bipartisan group of tended to pay it, this is where we end tion or deductibility they favor to be people. up—with income coming into the Fed- taken against the AMT liability. The alternative minimum tax was eral Treasury way above the historical These are all items which have been originally conceived as a means to en- average. floating around as suggestions to fix sure that the Tax Code was equitable I emphasize historical average, not this problem we have. I don’t think any and more progressive. Ironically, the that it is sacrosanct, but I come to the of them are very sound tax policy. only equitable thing to do is to com- conclusion that over a period of 50 They might help some people, but they pletely banish the individual AMT years, if we have a tax policy falling are going to hurt others. from the Tax Code. Any other solution between 17 percent and 19 percent—and Before I explain how we can deal with will entail we treat taxpayers in simi- this is whether there were 93 percent the AMT once and for all—and I have lar situations differently or that we ar- marginal tax rates that President Ken- already pointed out what I think that bitrarily choose winners and losers. nedy did away with or as low as 28 per- is, and that is repeal—I wish to explain As I have said many times, the alter- cent marginal tax rates that we had in how various proposals impact the num- native minimum tax has been a com- the tax year of 1986 under Reagan—if ber of taxpayers already hit by the plete and absolute failure. The alter- we overlap all of the marginal tax rates AMT as calculated by the nonpartisan native minimum tax was only supposed on top of the GNP portion the Federal Joint Committee on Taxation. to hit a very small number of wealthy Government takes, we still average 17 This chart shows numbers from last taxpayers who were able to legally percent to 19 percent, which shows that year. As the blue line on this chart eliminate their entire income tax li- it does not matter how wealthy you shows, under current law, the number ability. In reality, the AMT is gradu- are, some people come to the conclu- of AMT filers will jump by over 20 mil- ally consuming our middle class and is sion that they will only work so hard lion this year if Congress does nothing. projected to absorb more revenue com- and pay so much tax regardless of how The red line shows what would hap- ing in from the alternative minimum high the marginal tax rate is, and you pen if the exception applicable in 2005 tax than the regular income tax in just get the same amount of money coming was made permanent and indexed for a little while. Furthermore, the alter- in. inflation still at a higher level, hitting native minimum tax does not even pre- So try to tax the wealthy, raise the people who were never intended to be vent wealthy taxpayers from elimi- marginal tax rate, you get less rev- hit, but it would still moderate the im- nating their tax liabilities. If Members enue. If you want to soak the rich, pact for tens of millions of people. have heard me say that four times, I lower the marginal tax rate because Clearly, the number of taxpayers af- say it to impress that the original in- they are people who will take their fected is less, but still a very large tent of the alternative minimum tax is money out of leisure, they will take it number that, after dropping to a low of not even being met. out of nonproductive investments such 1.7 million people in 2011, begins to in- For the tax years 2003, the IRS cal- as antique and gold and put it into pro- crease again, to 2.1 million people by culated that there are 2,366 taxpayers ductive investments because probably the year 2016. with incomes of over $200,000 a year or they are greedy and they want to make

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2007 CONGRESSIONAL RECORD — SENATE S2011 more if it is worth working to make down votes on two other resolutions— is an ironic statement, considering more. the Gregg resolution and a resolution that they are stifling the democratic Regardless of where we set it, 17 per- stating simply that the Senate does process on the floor of the Senate. Re- cent to 19 percent seems to work be- not support the surge and demands cent public opinion surveys have shown cause, at least in my judgment, a very that the troops deploying to Iraq re- that a clear majority of Americans—in commonsense judgment, it is a level of ceive the body armor and other equip- some cases as many as 70 percent of taxation that there has not been a re- ment they need. The Republican lead- American citizens—when asked, say volt against. It is a level of taxation ership again rejected the offer. they oppose the President’s plan to es- that 50 years of our country shows has Finally, Senate Democrats offered to calate the war in Iraq. From our big- increased the standard of living for the allow votes on the bipartisan resolu- gest cities to our smallest towns, the American people very dramatically. tion and the McCain-Gramm resolution American people are demanding ac- If we consider the AMT to be fun- that would each have required a super- countability on the war in Iraq. They damentally an unfair tax, any tax that majority of 60 votes. The Republican have questions and they are looking to would replace it would be equally un- leadership again said no. their leaders for answers. They are fair. Anyone who wants equity to be a The pattern of obstruction has, un- looking to their leaders—to us—for fundamental value represented by our fortunately, continued. On February 5, focus and debate and a willingness to Tax Code or who wants fair treatment all but two Republican Senators opted take a position and speak out and for this country’s taxpayers must sup- to block a debate, including the distin- make change happen. port complete repeal of the alternative guished author of the resolution—chose The Traverse City Record Eagle, in minimum tax and should support the to block debate on whether we support Michigan, in their editorial page, Baucus-Grassley bill, which is the Indi- the President’s escalation plan. The re- summed it up, I believe, on January 25. vidual Alternative Minimum Tax Re- action across the country was echoed They said: peal Act of 2007, a bipartisan bill. in numerous newspaper headlines. Someone frozen in time for the past 2 years I yield the floor, and I suggest the ab- The Washington Post: could have listened to President Bush out- sence of a quorum. GOP Stalls Debate On Troops Increase. line his new Iraq policy in his State of the Union Address Tuesday and wondered what The PRESIDING OFFICER (Ms. STA- The Washington Times: BENOW). The clerk will call the roll. the fuss was about. That is because there is The assistant legislative clerk pro- Senate GOP Blocked Iraq Resolution. no ‘‘new’’ policy. ceeded to call the roll. The New York Times: Today, the road ahead looks just like the Ms. STABENOW. Mr. President, I ask GOP Senators Block Debate On Iraq Pol- road behind—stay the course. Only this time icy. there will be about 20,000 more American unanimous consent that the order for troops in harm’s way [not counting support the quorum call be rescinded. USA Today: troops]. Before we know it, we’ll be at 4,000 The PRESIDING OFFICER (Mr. Vote On Iraq Is Blocked By The GOP. Americans dead and 30,000 wounded and WHITEHOUSE). Without objection, it is Denver Post: nothing will have changed. so ordered. GOP Blocks Iraq Debate. They went on to say: f A.P.: The awful reality, as many who watched IRAQ Tuesday surely realized, is that the Presi- Republicans Block Senate Debate On Iraq. dent has no exit strategy. He has no clue how Ms. STABENOW. Mr. President, I Reuters: to get Sunnis and Shiites to stop killing rise today to speak about the contin- Republicans Block Senate Debate On Iraq. each other, let alone form a stable govern- ued obstructionism in the Senate, led CNN: ment. He has no evidence they even have any by our Republican colleagues, con- desire to do so. There is only his war, and it GOP Blocks Senate Debate On Iraq Resolu- goes on and on. cerning the vote on supporting or option. posing the President’s escalation of the Mr. President, our troops and their war in Iraq. Los Angeles Times: families, more than anybody else, de- For 2 weeks our distinguished major- GOP Bats Down Resolution Debate. serve better. They deserve better than ity leader has been trying to get an After almost 2 weeks of more stalling this strategy, and they deserve better agreement to just proceed to a fair de- by the Republican leadership, Senate than tactics designed to stop us from a bate, to just have the opportunity on majority leader HARRY REID today, full and open debate about the Presi- the floor of the Senate to have a debate again, offered a compromise that would dent’s strategy. They deserve better on whether we support the President’s have allowed all of us the opportunity than people avoiding taking a stand, escalation of the war in Iraq. He has of- to stand up and take a position and taking a vote on this President’s esca- fered an up-or-down vote on two dif- vote our conscience. Simply put, every lation in Iraq. ferent proposals—one opposing the es- Member of the Senate would be given This debate is already taking place calation, the second supporting it. At the opportunity to vote on a bill equal all across America, all across Michi- every turn he has been stymied. to the House resolution opposing the gan—in coffee shops, diners, union Our Republican minority claims they President’s escalation of the war in halls, office parks, at church dinners, want to debate the war in Iraq, but Iraq and also a resolution supporting and at VFW halls. Americans are they have done everything they can to the President’s plan to send even more speaking out and asking tough ques- obstruct the debate. I would like to go troops into combat operations in Iraq. tions about this administration’s mis- through some of the history of this ob- What could be simpler? What could guided escalation of the war. And in structionism. Since the first of the be more fair? The reaction by the Re- the Senate, in a move that clearly dis- year, Republicans have rejected at publican leadership, sadly, was not sur- regards the opinions of the majority of least three different compromises that prising. They again said no. They don’t Americans, the Republican leadership would have allowed the Senate to move want to vote. I find it interesting that has refused to allow a real debate and forward with a vote on the escalation earlier today colleagues on the other a vote on the President’s escalation. of the war in Iraq. In an effort to ob- side of the aisle who voted to stop us Four years ago, I stood in this Cham- tain an up-or-down vote on the bipar- from going ahead to a vote are now ber alongside 22 colleagues and voted tisan resolution disapproving the saying we should not adjourn until we no on giving the President the author- President’s plan, Senate Democrats of- vote. Well, in fact, our distinguished ity to go to war. It was a hard vote. It fered to schedule an up-or-down vote majority leader and the majority was a lonely vote. But I was proud to on the McCain-Graham resolution sup- agree. Therefore, we will have that do my duty, along with all of my col- porting the President’s plan. Unfortu- vote after the House votes tomorrow. leagues, and stand publicly and take a nately, the Republican leadership re- We will have that vote on Saturday. position and have our votes counted. It jected this offer on what they claimed Supporters of the war in Iraq have strikes me as sad that the Senators to support. claimed that one of their goals is to who support the President’s escalation Then we, as Senate Democrats, of- spread democracy throughout the Mid- of the war have decided to hide from fered the Republican leadership up-or- dle East, throughout the region. That this opportunity to do the same—to

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2012 CONGRESSIONAL RECORD — SENATE February 15, 2007 vote their conscience and to tell the so, and the new leaders of Iraq have accom- at procedural obstacles that prevent us American people where they stand, win plished precious little to date. from going on record whether we favor or lose. They continue: or oppose the President’s proposals. This should not be a discussion of This is certainly not the strategy the I look at what the President is sug- politics. This is a discussion of the American people had in mind last November gesting, putting additional troops in most serious policy. Any soldier will when they repudiated the President by strip- Iraq, as more of the same, not a new tell you that there are no politics in a ping his Republican Party of control of Con- plan. If we learned anything at all from foxhole. The American people—Repub- gress. It runs counter to much of what the the elections last November, it was Iraq Study Group and past military com- that the people of this Nation want to licans, Democrats, and Independents— manders have recommended. It further are asking us to take a look, long and strains a U.S. military already hard pressed see a change in direction in Iraq. They hard, at what we are doing in Iraq. We to meet its obligations. understand our plans have not worked, were not elected to stand silently by I believe the American people want a that we need to look for a new direc- while our fellow citizens demand an- new direction in Iraq. What they don’t tion. And yet the President is giving us swers. American men and women are in want is more legislative games de- more of the same. What we need to do is start by saying harm’s way. Unfortunately, it seems signed to stop debate or hide from the no to the escalation of additional that the Republican leadership doesn’t realities of the situation on the ground see it that way. troops, and then we need to look at which our men and women are facing. what are the right policies in Iraq. Let me again say, as clearly as pos- Wishful thinking and best-case sce- sible, that I believe the escalation of Quite frankly, to me, we need to have nario planning will not make the situa- the Iraqis stand up and defend their this war is not the answer. Putting tion in Iraq any better. Our troops in more Americans in harm’s way will not own country, with Iraqis assuming the field and our fellow citizens here at principal responsibility and American bring our men and women home any home demand leadership, critical anal- sooner. Why would we go further down troops starting to come home. We need ysis, a willingness to change course to engage diplomacy. We are in the a path that has led us to this point? when the evidence shows that we must, Why would we repeat our previous mis- middle of a civil war. and they deserve action. We need to engage the international takes and call it a ‘‘new strategy’’? The Republican leadership can stone- A free and stable Iraq can only be se- community to look for a political solu- wall a vote on this resolution, but they tion so that Iraqis have confidence in cured by the Iraqis. They must em- cannot silence the debate. They cannot brace responsibility for their collective their own Government and Sunnis and avoid reality. They cannot avoid the Shiites can live together in one coun- future and decide that living and dying truth. at the hands of sectarian violence is try. We need to engage the inter- To every American around the coun- national community to help rebuild not the future they want for their chil- try asking questions, I say thank you— dren and grandchildren. Iraq. They need help in the rebuilding thank you for asking questions, thank of their country, and they certainly We must support their efforts, but we you for speaking up, thank you for cannot substitute American troops for need the help of the international com- being a part of the democratic process munity in training Iraqis to take care Iraqi resolve. With the freedom of self- we hold so dear, and thank you for fol- determination comes a responsibility of their own needs. lowing your conscience. Americans have made a significant of collective security. I believe we There is nothing simple about the investment in this country. We have must continue to train the Iraqis and situation in Iraq. We all know that. given so much. Four years ago, I op- equip them and provide sensible mili- But there is nothing complicated about posed the military presence of America tary support, based on the advice of what America is asking us to do. It is in Iraq. I voted against it in the other our generals and military experts. And time for all of us—those who oppose body. I said at that time: we must lead them by example—by em- the escalation of the war and those bracing, not turning our backs on, our I have grave concerns about the con- who support it—to stand up and have sequences of a unilateral preemptive mili- own democratic process. our votes counted. tary attack by the United States. Such a The Detroit Free Press, in response This is not the time for legislative course of action could endanger our global to the President’s announcement of the games. This is too serious a time and coalition against terrorism, particularly escalation, echoed the concerns of peo- too serious a topic. The President has from our moderate Arab allies. It also may ple all across Michigan and from presented a plan. It is time for us to increase terrorism activities around the around the country, I believe, as well, vote. world. on January 11, when they wrote: The PRESIDING OFFICER. The Sen- Unfortunately, I was right. I remem- President George W. Bush at least ac- ator from Maryland. ber the predictions that were made 4 knowledged past failings and did not promise Mr. CARDIN. Mr. President, I take years ago that this would be a rel- roaring success in outlining his new strategy this time, first, to commend the major- atively brief military operation, that for Iraq in a grim-faced address to the Na- ity leader, Senator REID, for doing ev- we would be welcomed by the Iraqis, tion Wednesday night. In fact, he braced the erything in his power to bring up the that the Iraqis would be able to take American and Iraqi people for at least an- most important issue we face as a na- care of the security of their own coun- other year of bloodshed—maybe the worst yet. tion, and that is the future of Iraq. try, that the standard of living for the But that does not make this escalation of I must tell you, as I travel through average Iraqi would increase dramati- the war—the President didn’t use the word, the State of Maryland, the citizens of cally. but that’s what he intends to do—the best my State ask: What are we doing to Unfortunately, that has not come course of action. It is based on hope without change the course in Iraq? What are we true. The reality of the situation is demonstrable evidence that the Iraqi Gov- doing? that over 3,100 American soldiers have ernment and its military are truly ready to Senator REID has proposed a way lost their lives in Iraq. Over 20,000 take control of their country instead of tak- that we can have an up-or-down vote American soldiers have had life-changing sides in an internal combat. It is based on the most pressing issue of our time, on the belief that an American force of ing injuries as a result of their service 157,500 can achieve what a force of 135,000 and that is whether we are going to in- in Iraq. Hundreds of billions of dollars could not, given a little more leeway to act. troduce more American troops, esca- of U.S. taxpayer money has been spent And it is based on the President’s conviction late our presence in Iraq—an up-or- in Iraq, and terrorism is on the in- that a decisive military victory in Iraq can down vote. The other body will be hold- crease in that region, not diminished. somehow break the back of global terrorism. ing that vote some time tomorrow. And we are in the middle of a civil war, It won’t, any more than the escalation of Every Member of that body will go on with sectarian violence increasing. the war in Vietnam stopped the advance of record either for or against the Presi- The Iraqis, having passed their con- global communism. Economic and political stitution, have elected their Govern- forces played the larger roles in that. Grant- dent’s proposal to escalate our pres- ed, there are elements of each in the Presi- ence in Iraq with additional American ment, and it is time for the Iraqis to dent’s new strategy, but where is the func- troops. take responsibility for controlling the tioning government to implement them? De- We need to have that same vote in sectarian violence in their own coun- manding accomplishment does not make it this body, and we should not be looking try. More troops will not solve the

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2007 CONGRESSIONAL RECORD — SENATE S2013 problem. More American troops will a diplomatic solution so that all the from here, in the House of Representa- not solve the problem in Iraq. people in Iraq have confidence that tives, there is an ongoing debate about I am a member of the Foreign Rela- their Government will protect their the war in Iraq. It has been 2 or 3 days tions Committee. We completed over 3 rights, and then working with the of debate with Members each allowed 5 weeks of hearings concerning the cur- international community, helping minutes to express their feelings about rent status in Iraq. We heard from build a type of country where the peo- this war. It is historic. It happens rare- military experts and foreign policy ex- ple can live in peace and prosperity. ly that that procedure is used, almost perts, generals and policy people. I That should be our mission. always in cases involving war. I have must tell you, they raise serious ques- But let us start by removing the pro- been through it as a Member of the tions as to whether we can win the war cedural roadblocks. Let us start by House of Representatives and can rein Iraq on the battlefield. They are having an up-or-down vote, as the call the sleepless nights that led to telling us over and over again that other body will have, on whether we votes on questions of war. You know what we need is a surge in diplomacy, support or oppose the President’s plans that at the end of the day, if the deci- not additional American troops. We to escalate American troops. sion to go forward on a war is made, need to signal the Iraqi Government, f people will die. the international community, and, Many decisions we make on the floor most importantly, the American people IRAQ of the House and Senate have little that our presence in Iraq is not indefi- Mr. SANDERS. Mr. President, the consequence, some are purely ceremo- nite. More American troops will not issue of American presence in the Mid- nial, and some just deal with money. bring about victory in Iraq. More diplo- dle East is of great importance. We are But when it comes to war, it is a mat- macy might. More engagement of the currently engaged in a war in Iraq from ter of life and death. So I am sure international community might. But which, according to poll after poll, a every Member of the House of Rep- more American troops will not. majority of the American people be- resentatives, regardless of their feel- It is time for this body to act. It is lieve we should withdraw. ings about this war, has thought long time for us to debate the current cir- In the face of the momentous elec- and hard about what they are saying. cumstances in Iraq and the President’s tions of this past November, in which They have taken this matter very seri- policy, and it is time for us to take ac- the American electorate indicated ously because they understand that tion on the President’s plan to esca- their dissatisfaction with the Presi- America is taking this very seriously. late. That should be our first vote, and dent’s policies in Iraq, President Bush We have lost over 3,100 of our best that is what Majority Leader REID is has responded with a call for more and bravest soldiers, men and women attempting to do. But my colleagues troops, not less. At this moment, he is who have gone off to war with parents on the other side of the aisle are trying escalating the war, not redeploying our behind and families crying, wondering to use procedural roadblocks so we can- brave men and women out of harm’s if they will return safely. Unfortu- not have an up-or-down vote on the way. He is sending these troops into nately, they did not, some of them. President’s plan. We should never play the middle of a civil war. There are some 23,000 or 24,000 who politics with our American troops who Now there are reports that the Presi- have returned with serious injuries. are in harm’s way. We shouldn’t be dent may be considering expanding this Some are minor, but some are very se- doing that. But let us have a vote up or tragic war into Iran. The President has rious, such as amputations and blind- down on the President’s policy, and no constitutional authority to make ness, traumatic brain injuries and then we need to look at other options. war on Iran without congressional ap- many other injuries that will haunt The majority leader indicates that proval, nor has he historical precedent. these soldiers for a lifetime as they try we will certainly be taking up the rec- I offer today a resolution ‘‘expressing to return to normal life. ommendations of the 9/11 Commission, the sense of Congress that the Presi- We have spent a lot of money on this to implement their recommendations, dent should not initiate military ac- war, over $400 billion. As we labor with and we will have an open debate and tion against Iran without first obtain- this new budget, we see the result of the opportunity to offer amendments ing authorization from Congress.’’ The the decision to go to war. From the as to how we can bring our troops home resolution sets forth the constitutional monetary side, it shortchanges Amer- with honor, how we can engage the grant of authority to Congress for de- ica in terms of what we desperately international community, how we can claring war and funding any war, it need. Whether we are talking about ad- move forward in the Middle East. That cites Federalist Paper No. 69 on the in- ditional medical research, help for edu- we need to do. But we first must stop tention of the drafters of the Constitu- cation, money to schools that need a the escalation of American troops, and tion, and it cites Presidents Wash- helping hand to make No Child Left that is the vote the other body will be ington and Jefferson on the power re- Behind work, assistance for families to having as early as tomorrow, and I served to Congress to authorize war. have health insurance and health pro- hope, with the support of my col- The resolution strongly and un- tection, this war has been costly to leagues, we can have that vote by Sat- equivocally affirms that the President America. For those who believe the urday. That is what we should do. does not have the power to initiate money would have been better spent I urge my colleagues to allow us to military action against Iran without right here at home, that a strong have the debate on this floor and an first obtaining authorization from Con- America begins at home, there is a se- up-or-down vote on the President’s gress, that neither of the existing au- rious concern about when this war will plan to add additional American thorizations to use military force in end and what the ultimate cost will be. troops. Then I hope we will find some Iraq gives him such authority, and that We know our military is much dif- way to listen to what the experts are the President must seek congressional ferent today than when we invaded telling us, to listen to what the Amer- authority prior to taking any military Iraq. It was an invasion this President ican people are telling us, that they action against Iran. decided to make without provocation want to see from our country a Mr. President, I yield the floor, and I and, frankly, without evidence that changed policy in Iraq. They want suggest the absence of a quorum. there was any serious threat against America to exercise its international The PRESIDING OFFICER. The our country. Having made that deci- leadership that only we can do. They clerk will call the roll. sion, having gone overseas and lost want us to find a way to honorably The legislative clerk proceeded to these lives and brought back so many bring our troops home, to energize the call the roll. injured soldiers, we understand now we international community on diplomacy Mr. DURBIN. Mr. President, I ask live in a different Nation. We live in a and on rebuilding Iraq. And they want unanimous consent that the order for Nation where we watch, sadly every the Iraqis to stand up and defend their the quorum call be rescinded. day, evidence of violence in Iraq, evi- own country in the midst of a civil The PRESIDING OFFICER. Without dence of innocent people being killed war, and we will help end that civil war objection, it is so ordered. on their streets, and unfortunately our by allowing the Iraqis to take control Mr. DURBIN. Mr. President, at this own soldiers are caught in the crossfire of their own country and by energizing moment across the Rotunda, not far of their civil war.

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2014 CONGRESSIONAL RECORD — SENATE February 15, 2007 In the last election, the American Most Americans have an opinion. In vote on a fundamental issue, fair and people were finally given a chance to fact, overwhelmingly they say it is a square. What did the minority leader speak about this war, and they said: bad idea. When asked, they can give a from Kentucky do? He objected. He We want a change. We don’t want this yes or no as to whether they support didn’t want to engage in that debate. to continue. We don’t want to continue the President’s escalation. We offered That is truly unfortunate. While the to lose these brave soldiers or continue to the Republican side of the aisle not House of Representatives is deeply en- to spend this money. They elected a just a yes or no but their answer to our gaged in a debate of historic moment, Congress which was given the charge of criticism of the President’s escalation. important to everyone across this moving us in that new direction. For We said we would stand by two sepa- country and particularly to our men the first time in a long time, Demo- rate Republican resolutions to be of- and women in uniform, unfortunately, crats control both the House and the fered on the floor. One Republican reso- the minority objected. They don’t want Senate. In the Senate, it is a very lution, sponsored by JOHN WARNER, Re- to engage in a straight up-or-down de- scant margin. On a good day, it is 51 to publican of Virginia, critical of the es- bate on the fundamental issue. 49. calation of the war, was supported by The argument they make is, we have Those who know the Senate, know most Democrats, including myself. The many other things we want to talk that important measures take 60 votes. other, offered by Senator JOHN MCCAIN, about when it concerns Iraq. We may In order to achieve passage, we need bi- a Republican of Arizona, supports the want to talk about funding for Iraq. We partisan cooperation. We need to reach President’s position on the war. across the aisle and find common may want to talk about the ability of I think it would have been a spirited Congress to cut off funding—all of ground. We have tried to do that. In debate, an important and historic de- some respects, we have been successful. these issues. And we have said to them, bate, but the Republicans rejected that is all well and good, we will give We have passed bipartisan ethics re- that. They wanted more. They wanted form to deal with some of the issues of you the chance to do it. As soon as this more resolutions brought to the floor. debate is finished on the escalation of integrity that have haunted this Cham- They didn’t want us to focus on the ber and the House of Representatives troops, the President’s proposal, we very fundamental issue at hand. They will immediately, within hours, move over the last several years. We have wanted to bring in other issues, such as passed a minimum wage increase at the to the next issue, the 9/11 Commission funding for the war, support for the Federal level for the first time in 10 recommendations, open to amendment, troops, and so many things that were years—something long overdue. We and then you can offer whatever not at issue, were not what we were even passed a spending bill to finish amendment you care to on the issue of discussing. So we tried to keep the this fiscal year, to try to mop up some Iraq. of the unfinished business from last focus on the basic issue: Should we es- So it wasn’t a matter of foreclosing year’s Congress, which left town with calate the number of troops committed the debate, it was a matter of saying: many appropriations bills unresolved. to this war? Let us focus the first part of this de- We had what we call a cloture mo- The one issue we have not addressed bate on an up-or-down question on the tion, which means closing down debate in the Senate, the issue now being de- President’s escalation of the war. You on a certain issue. A cloture motion bated in the House of Representatives, can vote, as the House is about to, say- would say we are going to move to the is the war in Iraq. We feel—many of us ing this is a bad policy or you can sup- debate on the war in Iraq. We called on the Democratic side and some on port Senator MCCAIN, who believes that cloture motion, and it failed. As I the Republican side—that we should that sending more troops is the right said, we don’t have 60 votes on this side have this debate. We owe it to the policy. They rejected it. American people. Members should of the aisle. We need help on the other side of the aisle. Only two Republican So now we have been forced to a posi- stand up and state where they are, tion, which I am not happy with, but what their position is, and what they Senators said we will join you in calling for a debate on the Warner resolu- which we have to accept, and that is we think we should do as a Nation. I know have to call another cloture vote, an- if this debate took place, it would be tion and a debate on the McCain resolution. Two Republicans stepped for- other procedural vote, another attempt important not just for this institution to move us to a debate stage. That vote but for the country to know we came ward. The rest said: No, we don’t want that debate. is going to occur, as presently sched- here understanding our responsibility. uled, on Saturday afternoon. It will be Two weeks ago, we offered to the Re- Well, an odd thing happened. After a historic vote as well because, once publican side of the aisle an oppor- that vote, many of the Senators had again, the Republican minority will tunity to debate the very fundamental Senator’s remorse, I call it. It is a have a chance to join us in starting the question raised by the President’s new version of buyer’s remorse. They plan for Iraq. The President has pro- wished they had cast another vote. national debate on Iraq in the Senate. posed another 21,000 American soldiers Within days, they started coming to The question is: Will they support in combat mode going into Iraq to join the floor and saying, that isn’t what we this effort this time? I hope they will. the 130,000 already there. We know that meant to say. We didn’t want to say I hope they will come on Saturday, as 21,000 combat soldiers would require at stop the debate on Iraq. We believe inconvenient as it may be in their per- least the like number of support there should be debate on Iraq. Yes, sonal schedules, and join us in voting troops, so it is a substantial escalation they said, we voted to stop the debate for cloture. If they will, if we can bring of the war to add 42,000 or 44,000 Amer- on Iraq, but we didn’t mean to stop the 60 votes forward to close down debate ican soldiers to the 130,000 already debate on Iraq. on the procedural aspects and move there. Many of us think it would be a They were so transparent. They were forward on the real debate about Iraq, serious mistake. We question whether twisted in knots. They came to the it is a good thing for America. If they escalating this war, sending more floor repeatedly, seven or eight of continue to hold to this position that troops into harm’s way, is any way to them. They sent letters to the leader- they are going to protect this White bring it to an end. ship. They had press conferences, and House from any possibility of embar- We have tried it before unsuccess- they talked to anyone in the hallway, rassment, that they are going to some- fully. Additional troops, as good as saying they had made a mistake and how stop the Senate, which has a rep- they are, cannot overcome the ravage they wanted to return to the issue. So utation as the great deliberative body of a civil war. Unfortunately, we have we gave them that chance today. We on Capitol Hill, if they are going to learned that we suffer more casualties gave them that chance. We said: Let us stop the Senate from the debate on every time we send our brave soldiers return to the issue, let us debate the Iraq, it will be at the expense of this and marines and airmen and sailors issue on the floor of the Senate as they institution and, more importantly, at into this conflict. So we tried 2 weeks have done it in the House, and let us their own expense. ago to start the debate, to let Members also add to that another Republican The American people, whatever their stand and say whether they support the opportunity for the McCain amend- position on this issue, expect us to President’s escalation of the war or ment, which supports the President’s stand up and debate it and to say where whether they oppose it. position. We would have, again, a basic we stand. We will find on Saturday how

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2007 CONGRESSIONAL RECORD — SENATE S2015 many of the Republican Senators an- schools, in restaurants. Everywhere HONORING PRESIDENT GERALD R. swer the rollcall; how many come and you turn, in the streets, in the shop- FORD how they vote. ping centers, it is occurring. It is going Mr. DURBIN. Mr. President, like his We know that as inconvenient as it to occur right here on the Senate floor. hero, Abraham Lincoln, Gerald Ford may be for these Senators to return on They cannot hold back the tide. It is helped heal our Nation. His calm lead- Saturday, as tough as it may be for building against them. That tide is ership and fundamental decency helped many of them to get back, it can’t be going to push them over, and we are hold our Nation together at a time any tougher than the assignments we going to bring this issue to a debate on when the forces of war and scandal give to our soldiers and sailors and ma- the floor. We owe it not only to the threatened to tear it apart. rines and airmen to put on the uniform men and women in uniform, we owe it When he took the oath of office on of our United States of America and to to the people who were kind enough to August 9, 1974, President Ford declared, defend our country and to risk their give us a chance to serve in the Senate. ‘‘This is an hour of history that trou- lives every day. I yield the floor and suggest the ab- bles our minds and hurts our hearts.’’ So I hope our colleagues will be with sence of a quorum. During his Presidency, he worked to us on Saturday. I hope they will join us The PRESIDING OFFICER (Mr. ease our minds, comfort our hearts, in moving forward on this debate. TESTER). The clerk will call the roll. and restore our faith in our govern- I can recall the vote that led us into The legislative clerk proceeded to ment. the war in Iraq as if it were yesterday. call the roll. In his first official remarks as Presi- It was a time just weeks before an elec- Mr. REID. Mr. President, I ask unan- dent, Gerald Ford promised America: tion. There was almost a feeling of imous consent that the order for the In all my public and private acts as your hysteria across this country about the quorum call be rescinded. president, I expect to follow my instincts of possibility of weapons of mass destruc- The PRESIDING OFFICER. Without openness and candor with full confidence tion in Iraq. Condoleezza Rice, who was objection, it is so ordered. that honesty is always the best policy at then Security Adviser to the President, f hand. Those were not just words to Gerald suggested the possibility of mushroom- EXPRESSING THE SENSE OF THE Ford, as he proved on October 17, 1974, shaped clouds. All sorts of fears were CONGRESS ON IRAQ—MOTION TO when he appeared voluntarily before engendered in a population still very PROCEED wary after 9/11. It was not an easy vote Congress to give sworn testimony—the CLOTURE MOTION because there had been a buildup, this only time a sitting President has done Mr. REID. Mr. President, I move to drumbeat of support for invasion. And so about his pardon of Richard Nixon. proceed to calendar No. 25, S. 574, a bill the day came in October when it oc- Gerald Ford believed that pardoning to express the sense of the Congress on curred. There were 23 of us who voted Richard Nixon was the only way to end Iraq, and I send a cloture motion to the no, one from the State of Rhode Island the long national nightmare of Water- desk. on the Republican side and 22 Demo- gate. He also believed that it might end The PRESIDING OFFICER. The clo- his political career. And he did pay a crats voting no. At the time, it was not ture motion having been presented an easy vote. I look back on it now as high price at the time in lost public ap- under rule XXII, the Chair directs the proval and public trust. one of the most important votes I ever clerk to read the motion. Over time, however, many people cast. The assistant legislative clerk read came to see the Nixon pardon not as an There comes a time when Members of as follows: act of collusion, but of courage and the Senate have to face responsibility CLOTURE MOTION conciliation. In 2001, the Kennedy Li- and face a vote. There will come a time We, the undersigned Senators, in accord- brary Foundation awarded President when the Republicans have to face a ance with the provisions of rule XXII of the Ford its John F. Kennedy Profile in vote on Iraq. They cannot protect the Standing Rules of the Senate, hereby move Courage Award. President and the White House indefi- to bring to a close the debate on the motion Gerald Ford believed in hard work nitely and forever. to proceed to S. 574, a bill to express the and duty to one’s country. At the Uni- sense of Congress on Iraq. I had a great friend from the State of versity of Michigan, he washed dishes Oklahoma, a Congressman by the name Ben Nelson, Russell D. Feingold, Ben Cardin, Robert P. Casey, Jr., Byron L. at his fraternity house to earn money of Mike Synar. I have told this story for college expenses. After graduating many times, and I mention his name Dorgan, Amy Klobuchar, Daniel K. Akaka, Maria Cantwell, John Kerry, in the top quarter of his class from because I don’t want him to be forgot- Ken Salazar, Jack Reed, Chuck Schu- Yale Law School, he returned home to ten. He passed away in 1996 from a mer, Jeff Bingaman, Barbara Boxer, Grand Rapids, MI, to practice law—but brain tumor. But Mike was one of a Dick Durbin, Tom Harkin, Jay Rocke- Pearl Harbor was attacked. Like so kind. He just could not stand Members feller, Harry Reid. many young men of his generation, of the House of Representatives who Mr. REID. I ask unanimous consent Gerald Ford put his life on hold. He en- were unwilling to face tough votes. He that the live quorum be waived. listed in the Navy and spent the next 4 used to get up in our caucus over there The PRESIDING OFFICER. Without years in the service. and get the floor, and we knew what objection, it is so ordered. After the war, Gerald Ford decided to was coming when people were whining Mr. REID. Mr. President, I announce run for Congress and was supported by and complaining about facing a con- that we will have the cloture vote on Michigan’s legendary Senator Arthur troversial vote or controversial debate. Saturday at 1:45 p.m. As I always said, Vandenburg, one of the architect’s of And he said: I would keep the vote open if it ap- American internationalism. His experi- If you don’t want to fight fires don’t be a peared there were problems that Sen- ence in World War II and his friendship fireman, and if you don’t want to cast tough ators were having in advance of the with Senator Vandenberg helped turn votes don’t run for Congress. vote. I have heard from Senators on him away from isolationism. He was right. Whether you are on both sides of the aisle that there is no As President, he described himself as this side of the aisle or that side of the time that meets everyone’s expecta- ‘‘a moderate in domestic affairs, a con- aisle, you better be prepared to face a tions. So what we would do to try to servative in fiscal affairs, and a dyed- tough vote and an important vote, and handle as many people as possible, we in-the-wool internationalist in foreign nothing is more important than a war, will start the vote at 1:45, and we will affairs.’’ In the 21⁄2 years of his Presi- a war which has so many of our great act as if it starts at 2 o’clock and ter- dency, he ended America’s involvement soldiers with their lives on the line as minate the vote at 2:20. I hope that in the war in Vietnam. He helped medi- we stand in the safety of this Capitol meets with everyone’s problems as far ate a cease-fire agreement between Building. as transportation and getting to and Israel and Egypt, signed the Helsinki I hope my colleagues on the Repub- from here. human rights convention with the So- lican side will reconsider their posi- So on Saturday, because I think viet Union and traveled to Vladivostok tion. They cannot stop this debate. It these are extraordinary circumstances, to sign an arms limitation agreement is going to occur. It is occurring across we will make sure that as many people with Leonid Brezhnev, the Soviet America in family rooms, in offices, in are protected as possible. President.

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2016 CONGRESSIONAL RECORD — SENATE February 15, 2007 But what earned Gerald Ford the re- made the ultimate and most valorous To Brian’s wife Jane and his son spect and gratitude of our Nation was sacrifice so that future generations Wyatt, I cannot imagine the sorrow not only what he accomplished but how around the world will live free, peace- and loss you are feeling, and I hope he accomplished those things. He was a ful lives. Sergeant Matheny will be for- that in time your grief can be salved by master of consensus-building, coopera- ever remembered as a hero. your pride in the way Brian lived his tion, and honorable compromise. COLONEL BRIAN ALLGOOD life. Brian served his Nation with It is notable that one of the first Mr. SALAZAR. Mr. President, I rise honor and distinction and improved the calls he made after becoming Vice to praise the memory of Army COL lives of countless soldiers, families and President was to his old golfing buddy, Brian Dwayne Allgood of the 30th Med- those with whom he interacted every Tip O’Neill. He set a standard for bipar- ical Brigade, European Regional Med- day. tisanship that we would all do well to ical Command. Colonel Allgood was f follow. taken from his family late last month He was a good and honorable man in Iraq. He was only 46 years old, and BLACK HISTORY MONTH who served this Nation well. He will be the highest ranking medical officer in DR. WILLIAM NEAL BROWN missed. Iraq. Mr. LAUTENBERG. Mr. President, I f After graduating high school in Colo- rise today to join with Senator ROBERT rado Springs, Brian Allgood attended MENENDEZ and our House colleague HONORING OUR ARMED FORCES the U.S. Military Academy in West Congressman DONALD PAYNE in hon- Mr. NELSON of Nebraska. Mr. Presi- Point and medical school at the Uni- oring Dr. William Neal Brown, a distin- dent, I rise today in honor of SGT versity of Oklahoma. He completed his guished and inspiring figure in African- Randy J. Matheny, 20, of McCook, NE. residency at Brooke Army Medical American history. In recognition of Sergeant Matheny followed in the Center in San Antonio and continued Black History Month, we gathered with footsteps of his older siblings when he with his military career, rising to be- residents of New Jersey to pay tribute joined the Nebraska Army National come one of the Army’s top surgeons. to Dr. Brown on Saturday, February 10, Guard on March 28, 2005, as a heavy ve- Most recently, before being sent to 2007 at the Newark Museum in Newark, hicle driver in Detachment 1, 1057th Iraq, Colonel Allgood spent 2 years as NJ, during ‘‘A Salute to Heroes.’’ Transportation Company in the commanding officer of medical fa- Dr. Brown was born in Warrenton, Scottsbluff. His older sister, SSG cilities in Korea. GA, on February 24, 1919. His father Karen Matheny, is a full-time member It is no surprise that Brian Allgood was an ex-slave and his mother was Na- of the Nebraska Army National rose to such great heights. Brian came tive American. He grew up in Ali- Guard’s HHD, 734th Transportation from a medical family and a military quippa, PA, where his father labored as Battalion in Kearney. PFC Pat family—Brian’s father Jerry was an a farmer and steel mill worker. His Matheny, his older brother, is an ac- Army hospital administrator like his love of learning and inspiration to edu- tive-duty soldier with the U.S. Army. son, and Brian’s mother Cleo was a cate others began at an early age, when Both of Sergeant Matheny’s siblings nurse. One might say that service, both he and six of his classmates dreamed of are serving in Iraq; his sister is cur- to his country and to those in need, becoming teachers. rently serving her second tour, and his was in his blood. After graduating with honors from Brian Allgood was a healer, a quiet brother is preparing to deploy for his high school, Dr. Brown went to work in and humble man who knew the best first. the Civilian Conservation Corps, CCC, way to lead was not through anger or Sergeant Matheny graduated from President Franklin Delano Roosevelt’s boastfulness. Instead, he simply did my alma mater, McCook Senior High public works program that put over 3 what needed to be done, helping save School, in 2004. His teachers and million young men and adults to work and improve lives every day, and in friends knew him as a well-known, during the Great Depression. It was doing so led by example. soft-spoken student. In his free time, Colonel Allgood acted not only with here that he was introduced to the he enjoyed riding his motorcycle and courage but with concern for the Hampton Institute, where he would en- spending time with his friends. After troops he led. He was renowned for his roll as a work-study student and pro- joining the Nebraska Army National willingness to stick his neck out for his ceed to graduate with a bachelor of Guard in 2005, he attended basic train- troops and for his unique bond with science in 1941. ing at Fort Jackson, SC, and then ad- them. To better understand the risks Dr. Brown heeded the call to serve vanced individual training at Fort posed to paratroopers, Colonel Allgood his country and enrolled in the Army Leonard Wood, MO, in 2006. completed the grueling Ranger school Air Force, where he served in special In June 2006, he transferred as a and parachuted into Panama in 1989. services as an information education heavy vehicle driver to the Nebraska He served as the commanding officer of officer, and trained at various bases in- Army National Guard Detachment 3, the hospital at West Point. As a sur- cluding with the Tuskegee Airmen in 1074th Transportation Company based geon and later a commanding medical Tuskegee, AL. After the war, on the GI in Sidney. Sergeant Matheny was mo- officer, he played a role in the saving of bill, Dr. Brown began his graduate bilized for duty in support of Operation hundreds, if not thousands, of Amer- studies, first at Columbia University Iraqi Freedom on July 15, 2006. The ican lives. and then at City College. 1074th Transportation Company is re- And as the top Army surgeon in Iraq, After 3 years of social work at the sponsible for providing security for Colonel Allgood also oversaw the sys- Veterans’ Administration in Newark, transportation missions throughout tem that tended Iraqis in need of ur- NJ, Dr. Brown became the first Afri- Iraq. On February 4, 2007, Sergeant gent care. Every day we hear stories can-American professor at Rutgers, the Matheny passed away when an impro- from Iraq of innocent bystanders facing State University of New Jersey. vised explosive device detonated next brutality in their own streets. Who During his 41 years as a professor at to the armored security vehicle in knows how many Iraqis are alive today Rutgers, Dr. Brown mentored and in- which he was serving as a gunner. He because of the talent and wisdom of spired countless students and future was 20 years old. Then-Specialist Colonel Allgood and those he led? social workers. He has lived his life by Matheny was posthumously promoted Colonel Allgood’s parents, Jerry and a verse he often quotes from to sergeant. Cleo, have been supportive of not only Thanatopsis by William Cullen Bryant: The Matheny family from my home- their son but all Colorado veterans, ‘‘So live, that when thy summons town of McCook, NE, are the paradigm and I am privileged to have worked comes to join the innumerable caravan of courage and selflessness. In addition with them on veterans concerns in my that went to sway to the silent halls of to his brother and sister, Sergeant. State. Jerry and Cleo are good people death, thou go not like a quarry-slave Matheny is survived by his father Gary and should take great pride in having at night, scourged to his dungeon, but Matheny and mother Jan Collins. I raised their son from a young boy into sustained and soothed by an offer my condolences to Sergeant an exemplary man: a fine doctor, a unfaltering trust. Approach thy grave Matheny’s family and friends who in- thoughtful son and brother, a loving as one who lies down to pleasant spired and supported his career. He husband, and a caring father. dreams.’’

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2007 CONGRESSIONAL RECORD — SENATE S2017 Mr. President, there is no doubt that During and after World War II, Dr. It is important to honor the legacy of Dr. William Neal Brown is an exem- Unthank worked tirelessly to build his Dr. Woodson and other African-Amer- plary and committed leader and a true medical practice and promote civil ican pioneers who led the advancement role model for our State and the entire rights. He became the first Black mem- of African Americans in a nation once country. I am pleased to pay tribute to ber of Portland’s City Club in 1943. He lacking in humanity towards them. In him today, and I know my colleagues encouraged the club to publish a sig- the spirit of honoring those legacies, I will join me in wishing him continued nificant 1945 study called ‘‘The Negro pay homage to two women, claimed by success. in Portland,’’ which opened the eyes of my home State of Michigan, who DENORVAL UNTHANK many citizens to ongoing discrimina- played pivotal roles in the struggle for Mr. SMITH. Mr. President, each Con- tory practices. Dr. Unthank also served civil rights and human rights. So- gress I rise to honor February as Black as president of the local chapter of the journer Truth and Rosa Parks were History Month. Each February since NAACP and was a cofounder of the women of different times, yet similar 1926, our Nation has recognized the Portland Urban League. He played a courage, and effectively raised aware- contributions of Black Americans to strong role in the passing of Oregon’s ness for the inequality and injustice of the history of our Nation. 1953 civil rights bill, which among their eras. Both have been recently This is no accident; February is a sig- many issues, overturned a law banning honored by Congress. It was my privi- nificant month in Black American his- interracial marriages in the State. lege to cosponsor legislation, enacted tory. Abolitionist Frederick Douglass, In 1958, the Oregon Medical Society on December 20, 2006, authorizing a President Abraham Lincoln, and schol- named him Doctor of the Year. In rec- bust of Sojourner Truth to be promi- ar and civil rights leader W.E.B. ognition of his service to civil rights, nently displayed in the United States DuBois were born in the month of Feb- grateful citizens pressed the city to Capitol, and it was also my privilege to ruary. The 15th amendment to the Con- dedicate DeNorval Unthank Park in cosponsor legislation, signed into law North Portland in his honor in 1969. Dr. stitution was ratified 136 years ago this on December 1, 2005, which directs the Unthank once said, ‘‘A Negro may have month, preventing race discrimination Architect of the Capitol to place a stat- a few more doors closed to him and he in the right to vote. The National As- ue of Rosa Parks in National Statuary sociation for the Advancement of Col- may find them a little harder to open, Hall of the U.S. Capitol. Sojourner ored People was founded in February in but he can open them. He must keep Truth and Rosa Parks will become the New York City. And on February 25, trying.’’ first African-American women to be 1870, this body welcomed its first Black Dr. Unthank is only one example of represented in this place of honor of Senator, Hiram R. Revels of Mis- the Black men and women who changed the course of history in Or- notable people of History. sissippi. These are truly two phenomenal In this important month I want to egon and in the United States. During women, not just in African-American celebrate some of the contributions the remainder of Black History Month, history, but in American History. So- made by Black Americans in my home I will return to the floor to celebrate journer Truth, although unable to read State of Oregon. Since Marcus Lopez, more Oregonians like Dr. DeNorval who sailed with Captain Robert Gray Unthank, whose contributions, while and write, was widely accepted as one in 1788, became the first person of Afri- great, have not yet received the atten- of the most effective spokespersons of can descent known to set foot in Or- tion they deserve. her time. She spoke eloquently and en- egon, a great many Black Americans BLACK HISTORY MONTH ergetically about the inhumanity and have helped shape the history of my Mr. LEVIN. Mr. President, today I immorality of slavery. Truth also State. This is the second time this rise, as many do this month, to join in worked toward other social goals, espe- month I have come to the floor to high- the nationwide recognition of African- cially women’s rights. In 1851, she de- light some of their stories. American history. Every February, the livered her famous ‘‘Ain’t I a Woman?’’ Dr. DeNorval Unthank arrived in the Nation joins in the celebration of the speech at the historic Women’s Con- Portland, OR, after completing medical sacrifice, perseverance, and advance- vention in Akron, OH. Sojourner Truth school at Howard University in Wash- ment of African Americans. The idea of attacked both racist and sexist notions ington, DC. Dr. Unthank was recruited an African-American history month during her speech when she said, ‘‘Then to Portland in 1929 because the city was proposed by Dr. Carter G. Wood- that little man in back there, he says needed a Black doctor. He was quickly son, a son of former slaves. Dr. Wood- women can’t have as much rights as tested as his White neighbors greeted son, who became a prominent scholar men, ’cause Christ wasn’t a woman? his first attempt to move into a pre- in African-American studies, worked Where did your Christ come from? viously all White residential area with tirelessly to ensure that the contribu- From God and a woman! Man had noth- broken windows, threatening phone tion of African Americans would not be ing to do with Him.’’ calls, and general harassment. Dr. forgotten. Sojourner Truth settled in Battle Unthank had to move his family four In an article written for Johnson’s Creek, MI, during the mid-1850s. She times before finding a peaceful place to Publications, Lerone Bennett tells us traveled throughout the State during settle down. that one of the most inspiring and in- the Civil War to collect food and cloth- Throughout the 1930s, Dr. Unthank structive stories in African-American ing for African-American volunteer was Portland’s only Black medical history is the story of Woodson’s strug- units. Truth also traveled to Wash- practitioner. He was a dedicated doctor gle and rise from the coal mines of ington, DC, in 1864 to meet with Presi- and a friend to any minority group in West Virginia to the summit of aca- dent Abraham Lincoln. Truth became a the city. Black families could not re- demic achievement: ‘‘At 17, the young close advisor to the President on as- ceive treatment in hospitals at that man who was called by history to resisting freed slaves. While in Wash- time and house calls were necessary. veal Black history was an untutored ington, Truth also appeared at wom- Dr. Unthank made himself available coal miner. At 19, after teaching him- en’s suffrage gatherings. As a result of day and night and served African self the fundamentals of English and illness, Sojourner Truth returned to Americans, Asians, as well as many arithmetic, he entered high school and Battle Creek in 1875. Whites. mastered the four-year curriculum in Born Isabella Baumfree in 1797, she Dr. Unthank was politically active less than two years. At 22, after two- died Sojourner Truth in 1883. Although and was outspoken in his support of thirds of a year at Berea College [in she was born in chains, her legacy lives civil rights and equal opportunity. In Kentucky], he returned to the coal in fame. Michigan honored Sojourner 1940, Dr. Unthank was elected head of mines and studied Latin and Greek be- Truth and her extraordinary legacy the Advisory Council, an organization tween trips to the mine shafts. He then with the dedication of the Sojourner that hoped to pressure local leaders went on to the University of Chicago, Truth Memorial Monument. Located in into providing equal access to eco- where he received bachelor’s and mas- Battle Creek, MI, this monument was nomic opportunities related to WWII ter’s degrees, and Harvard University, unveiled on September 25, 1999. jobs. The Council documented inci- where he became the second Black to On November 2, 2005, I joined over dents of discrimination in the work- receive a doctorate in history. The rest 4,000 mourners at Greater Grace Tem- place around Portland. is history—Black history.’’ ple to celebrate the life of Rosa Parks

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2018 CONGRESSIONAL RECORD — SENATE February 15, 2007 at her funeral in Detroit, MI. Just a leads for gun trafficking investiga- respect to hospitalized veterans. Yet I few days earlier, Rosa Parks became tions. According to ATF reports, hand- do not feel that we should stop when the first woman in the history of the guns sold as part of multiple sales com- this week ends. Hospitalized veterans, United States to lie in honor in the prised nearly a quarter of all guns sold and all veterans, should remain in our Capitol Rotunda. And, a few years ear- in 1999 that were traced to crime that hearts and minds throughout the year. lier on June 15, 1999, Rosa Parks was same year. Moreover, guns with oblit- With them in mind, I want to discuss, presented with the highest honor of erated serial numbers, a clear sign of at this fitting moment, the President’s Congress, the Congressional Gold trafficking, are substantially more budget proposal for VA. Medal. The actions of Rosa Parks likely to have been part of a multiple I am concerned that President Bush’s merit such honor, as her silent resist- sale. Dealers are responsible for the budget for VA medical care is out of ance to the humiliation and demor- products they sell, and they must be touch with the demands being placed alization of racial segregation sparked held accountable to inquire about the on the VA health care system. After the civil rights movement. Over 51 purpose the buyer declares for pur- accounting for inflation and increased years ago in Montgomery, AL, she re- chasing multiple handguns at one time utilization costs, President Bush’s fused to give up her seat and move to and report such suspicious behavior to budget for VA health care translates to the back of the bus. The strength and the ATF. One step several States have a mere fourteen-hundredth of a 1-per- spirit of this courageous woman and taken in order to address the issue of cent increase in VA’s health care budg- her act of peaceful rebellion captured multiple purchases is instituting a one- et. The President proposes that the VA the conscience of the American people handgun-per-month purchasing restric- health system’s budget stays virtually and the world. For Rosa Parks, this tion. the same, while veterans’ needs are was but a small part of a lifetime of Another common tool traffickers use changing and increasing. struggle for equality and justice. In to acquire firearms from licensed deal- Nearly 3,500 men and women in uni- fact, 12 years earlier, Rosa Parks had ers is to avoid multiple sale reporting form have lost their lives in Iraq and been arrested for violating another seg- requirements by waiting short periods Afghanistan, and nearly 25,000 have regation law, which required African of time between handgun purchases. been wounded in action. Veterans of Americans to pay their fares at the During a police operation in Chicago, previous wars are increasingly facing front of the bus, then exit and reenter some dealers suggested to undercover age-related health concerns. This is a at the rear door. The driver of that bus officers that they space out their pur- critical time of critical need. At this was the same driver that would order chases in order to avoid detection by time, is a budget increase translating Rosa Parks to the back of the bus in law enforcement. Under Federal law, to less than one-seventh of one percent December of 1955. dealers are required to report only responsible? Is it really enough? The boycott of the bus system in sales of two or more handguns within a We should salute our hospitalized Montgomery was a direct result of 5 day period to the ATF. By encour- veterans by providing the funds for the Rosa Parks’ actions, which sparked a aging purchasers to stagger their pur- health care they need and have earned. movement that called attention to the chases every 6 days, a dealer would be After all, who can accept the alter- plight of African Americans nationwide able to circumvent reporting potential native? Should we turn away aging vet- and introduced the world to the civil trafficking to law enforcement. erans? Deny proper medical care to the rights movement and its young leader, Using in-store accomplices to fill out physically wounded and mentally who would one day have a national hol- the required Federal paperwork is also scarred? Is it any good to have a week iday declared in his honor, Rev. Martin a common method gun traffickers em- honoring hospitalized veterans if we do Luther King Jr. ploy. The most obvious sign of this oc- not tend to their wounds in the coming Mr. President, we have come a long curs when the person who fills out the year? way toward achieving justice and Federal purchasing forms is not the I believe serving veterans is a pri- equality for all. But we still have work person looking at, handling, or select- ority, especially those with urgent, to do. We must rededicate ourselves to ing the gun to be purchased or paying pressing medical needs. On this week continuing the struggle for civil rights for the weapon. Even if the purchaser as much as any other, we must make and human rights. is buying only a single handgun, this attending to those needs a budget pri- f type of sale should not be permitted by ority as well. a licensed gun dealer. DEALERS MUST BE HELD f These types of illegal transactions ACCOUNTABLE THE TRAGEDY AT TROLLEY likely occur every day in some licensed SQUARE Mr. LEVIN. Mr. President, the de- gun dealerships across the country. We mand for firearms by criminals and must make it harder for criminals to Mr. HATCH. Mr. President, I rise other prohibited purchasers is high. get guns to decrease the number of gun today to honor and pay tribute to the Unfortunately, there are also some violence victims. Those gun dealers many heroes who have emerged out of dealers willing to supply those fire- who willingly aid gun traffickers must a horrific tragedy that took place in arms. The simple fact is that criminals be held accountable for their actions. my home State this week. would not be able to so readily acquire f On Monday evening, February 12th, a weapons without gun dealers who are lone gunman entered Trolley Square, a willing to bypass gun sales laws. This NATIONAL SALUTE TO bustling shopping, dining, and enter- willingness by some licensed gun deal- HOSPITALIZED VETERANS WEEK tainment plaza located in Salt Lake ers to supply gun traffickers with fire- Mr. AKAKA. Mr. President, this week City. For the next several minutes he arms provides a steady flow of guns we commemorate National Salute to randomly shot and killed five people into the illegal market. Hospitalized Veterans Week. and wounded four others—leaving a Multiple sales of the same model of In recent years, more than 10 million path of destruction and a community gun to an individual are considered by letters and cards, and thousands of per- in utter shock and grief. the Bureau of Alcohol, Tobacco, Fire- sonal visits have warmed the hearts of Those who lost their lives that arms and Explosives, ATF, to be among hospitalized veterans during National evening included: Teresa Ellis and her the prime indicators that gun traf- Salute to Hospitalized Veterans Week. friend Brad Frantz; Kirsten Hinckley, a ficking is occurring from a gun shop. This wonderful outpouring of gratitude 15-year-old sophomore at Brighton Gun collectors generally do not collect has reached across the VA health care High School; Vanessa Quinn who was duplicates of the same firearm. The at- system’s 155 hospitals, their 130-plus meeting her husband at Trolley Square tempt to make multiple purchases of nursing homes, and 45 domiciliaries— to shop for a long-awaited wedding the same weapon should raise a red flag which comprise the Nation’s largest in- ring; and Jeffery Walker, a Utah mar- for the dealer to the possibility of traf- tegrated health care system. keting director. ficking, and reports of multiple sales I commend each and every person In the ensuing minutes, shoppers to the ATF by responsible gun dealers who has or will use this week as an op- scrambled for cover and feared for their provide a significant percentage of portunity to show their gratitude and lives. Shop owners corralled customers

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2007 CONGRESSIONAL RECORD — SENATE S2019 and helped them take refuge in closets, many wonderful Utahns who have established in 1988 as a tribute to backrooms, and hidden cubby holes. stepped up to lighten the burdens of Judge Fairchild, is just one reflection Frantic 9–1-1 calls were placed by many those involved. of his tremendous stature in Wisconsin. and within minutes courageous police Neighbors in the vicinity of Trolley When I delivered the Fairchild lecture officers had contained the suspect. Square opened their homes to shell- in 2005, with Judge Fairchild listening As the story unfolded, one hero stood shocked shoppers that night as a refuge in the audience, it was a great honor out in the chaotic terror. Off-duty to wait for further instructions. Total for me, and a wonderful experience. Ogden police officer Kenneth Hammond strangers hugged and comforted those I am deeply saddened by the passing was at Trolley Square having a pre- leaving the mall who desperately need- of Judge Fairchild, for the loss this Valentines Day dinner with his preg- ed a strong shoulder to lean on, and means for his family, and for all those nant wife, Sarita. As they were fin- grief counseling services are being who knew him. He was one of our ishing their meal, the Hammonds heard made available to those impacted by State’s great legal minds, and one of popping noises and looked over the this tragedy. As neighbors and fellow our most dedicated public servants. I mall balcony to see bodies laying Utahns, we are united in our grief and feel so fortunate to have known him, below. desire to comfort those suffering. and so grateful for the many things he Officer Hammond sent his wife back My home State has suffered a trag- taught me and the many kindnesses he to call the police and lockdown the res- edy of incomprehensible magnitude. showed me over the years. The work he taurant. Shouting his name to let cus- The actions of one determined to kill did, and the life he lived, will continue tomers know he was an off-duty police will have an impact on many of our to enrich Wisconsin and the Nation for officer, and not a second gunman, he wonderful citizens for years to come. many years to come. made his way to the bottom level. He As difficult as this has been and will engaged the shooter in a gun battle continue to be, the examples of selfless f hoping to distract him from killing any service and heroic acts will never be ADDITIONAL STATEMENTS other innocent people. Running out of forgotten. ammunition, he was soon joined by a I have been deeply touched by so Salt Lake City officer and members of many who truly made a difference in SPAY DAY 2007 the SWAT team. Within about 9 min- the aftermath of this tragedy. Elaine ∑ utes, the battle was over—the suspect and I pray that our Heavenly Father’s Mr. ALLARD. Mr. President, as a lay dead along with five beloved mem- peace will comfort the family members veterinarian, I often have animal bers of our community. and friends of the victims, as well as issues called to my attention by people We can only imagine the terror that all who have been forever touched by who—rightly—assume that my back- the brave Hammonds felt. Mrs. Ham- this tragedy. ground gives me a deeper appreciation of the matter. One such animal issue mond, fearing for her husband’s safety, f bravely went to protect other shoppers that goes largely unnoticed is the prob- and alert authorities. Officer Ham- REMEMBERING JUDGE THOMAS E. lem of homeless cats in urban areas. mond, fearing he would not be recog- FAIRCHILD There are an estimated 125,000 such nized as a law enforcement official Mr. FEINGOLD. Mr. President, today cats in the Denver metro area that since he was off duty and in another ju- I honor the memory of one of the great never make it to a shelter. These cats, risdiction, still selflessly reacted to jurists in the history of my State and unowned and unsocialized, continue to save lives. someone I was honored to call a friend breed and suffer in feral colonies. Without a moment’s hesitation, Offi- and mentor: Judge Thomas Fairchild. I am pleased to recognize today Spay cer Hammond put the needs of our Judge Fairchild earned the respect of Day USA, an event designed to manage community first before any thought for all who knew him for his keen mind, feral cat colonies through spaying and his own safety or well-being. his kind manner, and his humility. His neutering. On February 26, the Rocky There is no question his heroic acts long and distinguished career in public Mountain Alley Cat Alliance is saved countless other lives that could service included serving as Wisconsin’s cohosting Spay a Stray Day with the have been lost on that tragic evening. attorney general, as a State supreme Cat Care Society and the Dumb Words cannot express the vital role court justice, and as Federal appeals Friends League. A host of veterinar- his selfless service and courageous ac- court judge on the Seventh U.S. Circuit ians and other volunteers hope to spay tion played in ending the massacre. Court of Appeals, where he rose to be- and neuter 120 cats that day, thus pre- Salt Lake City Police Chief Chris come chief judge. He held that position venting the births of hundreds of un- Burbank described Officer Hammond’s from 1975 to 1981 when he became a sen- wanted kittens. quick action and courage this way: ior judge on the appeals court. The Rocky Mountain Alley Cat Alli- ‘‘Going in and engaging a subject who Judge Fairchild stood for justice and ance was founded in 1991. They work was well armed and prepared to engage equality in his work on the bench, and with volunteers, veterinarians, and him, without having the benefits of a his work in politics as he made a cou- citizens to prevent feral and stray kit- uniform, extra equipment or magazines rageous run for Senate against Joe tens from being born on the street and for his firearms, is truly heroic.’’ McCarthy in 1952. Through that and to improve the lives of those already In addition to Officer Hammond, I other efforts, he played a critical role born and abandoned. They are the only would like to take this opportunity to in efforts to revitalize the State’s local organization that specializes in recognize the many, many other police Democratic Party. nonlethal population control and hands officers from various law enforcement Judge Fairchild was a brilliant legal on assistance with feral and stray cats. agencies who responded to the calls for mind and a man of exceptional char- Last year, the alliance spayed or help. Precisely and courageously these acter. He was also an extremely special neutered over 2,000 feral and stray cats, officers went about their duties evacu- person in my family and a great friend preventing an estimated 50,000 home- ating the premises, getting immediate of my father’s. As is the case with any- less kittens from being born. They help for hurt victims, comforting the one who has known me for more than treat injuries and illnesses wherever grief-stricken shoppers, and containing 40 years, he called me Rusty. possible and find homes for abandoned the crime scene. I want to commend Whenever my father, Leon Feingold, cats and kittens. Unmanaged feral cat the rapid response of law enforcement or my mother, Sylvia Feingold, re- colonies experience the worst forms of agencies who worked together on a ferred to Judge Fairchild, it was al- suffering, yet they are the most under- crime scene of this magnitude. I am ways with reverence. Some of the big- served segment of companion animal proud of all of the officers who ren- gest decisions of his career were made, overpopulation. dered such important service. at least in part, in our living room. I I am grateful for the alliance’s con- It is hard to understand why some- have always been deeply proud of that tribution to our society and the good thing this horrific happens in life. But fact. they will do on the 26th with their in this time of our deepest sorrow, it The Thomas E. Fairchild lecture at partners. I wish them continued suc- has been comforting to witness so University of Wisconsin Law School, cess.∑

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2020 CONGRESSIONAL RECORD — SENATE February 15, 2007 CONGRATULATING KING’S DAUGH- involved in this organization is truly WWI. Pierro was given the opportunity TERS HEART AND VASCULAR an inspiration to all.∑ to fight for the Italians, an ally of the CENTER f United States, but instead chose to ∑ Mr. BUNNING. Mr. President, today I fight for his new homeland. TRIBUTE TO CAPTAIN EDUARDO Once his service was completed he congratulate King’s Daughters Medical REYES followed his father and brothers back Center, KDMC, of Ashland, Ky. KDMC ∑ Mrs. DOLE. Mr. President, today I to Swampscott, MA and spent the rest was recently selected as an award win- wish to honor CPT Eduardo Reyes, a of his life as a resident of the Bay ner in the 2006 Solucient 100 Top Hos- retired pilot who flew for Philippine State. His love for America was evident pitals: Cardiovascular Benchmarks for Airlines. to all of those he met. His nephew, Success Study, 8th Edition. On December 11, 1994, Captain Reyes Richard Pierro said, ‘‘When he left Solucient developed the 100 Top Car- was piloting Philippine Airlines flight Italy, he left for good. This was the diovascular Hospitals study to identify 434, from Manila to Tokyo, when a promised land. He didn’t want to go hospitals that are the highest per- bomb planted by now-convicted ter- back, even if you offered him free pas- formers in the Nation in cardiovascular rorist Ramzi Yousef was detonated on sage.’’ service, and to set performance targets board the aircraft. The blast imme- Pierro worked at a shoe plant, man- for improving clinical outcomes and diately killed 1 Japanese businessman aged a body shop and eventually spent management practices. To qualify, hos- and injured 10 others. It also caused 17 years at General Electric in Lynn pitals must achieve high scores across the plane’s controls to stop functioning until his retirement, 46 years ago, in eight equally weighted performance normally, putting the lives of every- 1961. His family attributes his lon- criteria that reflect clinical processes body aboard the plane at risk. gevity to his strict adherence to three and outcomes, volume, efficiency and In this most trying of situations, square meals a day and lots of sleep. cost for four treatment areas: acute Captain Reyes and his crew rose to the Pierro lived by simple rules of life and myocardial infarction, congestive challenge. Controlling the altitude of remained dedicated to leading a sim- heart failure, coronary artery bypass the plane via the throttle—which I un- ple, good life until the day he passed. graft and percutaneous coronary inter- derstand is an extremely difficult thing His is remembered as having a ‘‘twin- vention. to do—Captain Reyes kept the plane in kle in his eye’’ and a gratitude for all In addition to this prestigious award, the air for nearly an hour before mak- that life had offered him. He lived in KDMC also received a five-star rating ing an emergency landing in Okinawa. three different centuries, and he lived for cardiothoracic surgery. This placed His courageous actions and out- well. KDMC in the top 5 percent in the Na- standing skill as a pilot helped avert a I ask that we remember him today as tion and No. 1 in Kentucky for cardiac great disaster and save the lives of 272 a veteran, a true American, and a tes- surgery. passengers and 20 crew members. tament to life’s many gifts and sur- I congratulate KDMC on this out- Captain Reyes later had the courage prises. Our country is honored by his standing achievement. Their service to to testify on behalf of the United service but also thankful for the les- the citizens of the Commonwealth of States against al-Qaida master bomber sons his life offers about patriotism, Kentucky is an inspiration to all. I Ramzi Yousef. In 1994, Yousef was family, and the simple pleasures of look forward to all that KDMC accom- ∑ working on a master plan, often called life. plishes in the future.∑ the Bojinka Plot, to bomb 12 U.S. pas- f f senger jets over the Pacific Ocean in a CONGRATULATING THE MISS RECOGNIZING SAVE THE 2-day period, killing over 4000 civilians. SELMA’S SHOOTERS CHILDREN USA The bombing of Captain Reyes’ plane ∑ Mr. PRYOR. Mr. President, it is with was a test run for that plan. And, as ∑ Mr. BUNNING. Mr. President, today I the greatest pleasure that today I many here remember, Yousef was also honor the sixth grade girls’ basketball recognize Save the Children USA’s 75th responsible for the bombing of the team of Miss Selma’s school in Little anniversary. I am proud to say that World Trade Center in 1993. Captain Rock, AR, for finishing in first place of Save the Children work began in the Reyes’ testimony at Ramzi Yousef’s the regular basketball season. Commonwealth of Kentucky. Today, 1996 trial helped to put one of the This is a team that is comprised of Save the Children continues to work in world’s most dangerous terrorists in eight basketball players who have 33 different sites in Kentucky rural prison for life. played together since the third grade. communities, serving approximately For his valor and clear thinking on The talented members of the team are: 3,000 children in need. December 11, 1994, and for his contribu- Sam Anderson, Elizabeth Campbell, This program was founded on Janu- tion to the fight against terrorism by Cassidy Johnson, Paige Logsdon, Au- ary 7, 1932, in response to the needs of testifying against Ramzi Yousef, I drey Peters, Laura Russell, Gracie children and families struggling to sur- would like to commend Captain Reyes. Sloan, and Peyton Watts. vive the Great Depression in the Appa- The United States and countries While all the teams in the league are lachian mountain region of Harlan throughout the world are indebted to worthy of mention, the regular season County, KY. In 1938 Save the Children him for these brave actions.∑ came down to one game, a match-up launched a Hot School Lunch program f with the Little Rock Christian team. for undernourished children in nine Little Rock Christian has a great HONORING ANTONIO PIERRO States. Later it became one of the team. In fact, the Little Rock Chris- models for the national school lunch ∑ Mr. KERRY. Mr. President, last week tian team has a dynasty and they had program. our country and the State of Massa- never been beaten in 4 years of play Today, the organization’s U.S. pro- chusetts lost a favorite son. Antonio and had won all 70 games they had ever grams concentrate on literacy and nu- Pierro passed away last week at the played. The game showcased great trition programs benefiting over 20,000 age of 110. Today would have been his athleticism displayed by both teams. children in areas of constant rural pov- 111th birthday. The battle was intense for the duration erty in 12 States. Internationally, Save The Guinness World Records has said of the contest. The difference in the the Children works in more than 50 de- that Pierro was America’s oldest war game was decided by a free throw made veloping countries helping children by veteran, having served in World War I, in the last few seconds, which gave a 16 providing food, medical services and and the oldest American man in its to 15 victory to the Miss Selma’s shelter to those in need. records. Only seven veterans of WWI Shooters. It was a classic and will be Once again I congratulate Save the are still known to be alive. remembered for many years by all that Children USA on their 75th anniver- Pierro was born in Italy in 1896 and witnessed it and both teams deserve sary. I appreciate the dedication of lived there before he immigrated to the credit for the manner and intensity for Save the Children to this worthy cause United States in 1914. Only 3 short which they competed. and their hard work is greatly affect- years later, he was drafted into the I would like my colleagues to join me ing the lives of many people. Everyone Army and sent to France to fight in in congratulating the Miss Selma’s

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2007 CONGRESSIONAL RECORD — SENATE S2021 Shooters sixth grade girls’ basketball Canadians fled British persecution, At 11:56 a.m., a message from the team for winning the regular season. finding refuge in south Louisiana. The House of Representatives, delivered by But most of all please join me in birth of Acadiana can be attributed to Mr. Hays, one of its reading clerks, an- thanking them for the way in which the settling of 200 of these refugees in nounced that the House has agreed to they show appreciation to the game present day St. Martinville in 1765. H. Res. 159, resolving that the House and to all teams that they play.∑ There, the Acadians were introduced to has heard with profound sorrow of the f enslaved Africans tending cattle for death of the Honorable Charlie Nor- French landowners. wood, a Representative from the State TRIBUTE TO KATHERINE FORT Refugees fleeing the French Revolu- of Georgia. ∑ Mr. PRYOR. Mr. President, it is with tion as well as Spanish-speaking At 1:53 p.m., a message from the the greatest pleasure that I honor Malagans also arrived in the settle- House of Representatives, delivered by Katherine Fort who recently retired ment. Creole families from New Orle- Ms. Niland, one of its reading clerks, after 52 years of service as treasurer for ans and Mobile along with Anglo- announced that the House has agreed the City of Warren, AR. She is an Americans soon followed. German to H. Res. 165, resolving that the Sen- amazing woman who is still quite ac- wheat farmers trying to find a place in ate be informed that Lorraine C. Mil- tive at the age of 91. the rice industry, along with Italian ler, a citizen of the State of Texas, has Mrs. Fort took office on January 1, merchants and Irish workers building been elected Clerk of the House of Rep- 1955, and officially retired on December the railroads began to call St. Martin resentatives of the One Hundred Tenth 31, 2006, with uninterrupted service to Parish home in the 1880s. These found- Congress. the city of Warren. She served under ing cultures, French, Acadian, African, f seven mayors during her tenure and Italian, and Spanish, have maintained was an incredible asset to the people of their cultural identities while simulta- MEASURES READ THE FIRST TIME Bradley County. neously blending together to form one The following bill was read the first When Mrs. Fort began her service, culture that is uniquely St. Martin time: she operated with an annual budget of Parish. S. 641. A bill to express the sense of Con- $115,000 and had one account. At the St. Martin Parish encompasses the gress that no funds should be cut off or re- time of her retirement, she was respon- copious and picturesque regions that duced for American troops in the field which sible for an annual operating budget of extend from the Bayou Teche to the would result in undermining their safety or their ability to complete their assigned mis- $7 million and had 37 accounts under Atchafalaya Basin. An agriculturally sions. her jurisdiction. And one amazing fact prosperous area, St. Martin Parish is I would like to add, she handled all this comprised of sugar cane fields, low- f without any support staff or assistants lying swamps, and majestic waterways. EXECUTIVE AND OTHER in her entire 52 years as city treasurer. Regal oak trees draped with moss COMMUNICATIONS I would like my colleagues to join me frame passageways throughout the par- The following communications were in congratulating Mrs. Fort on this ish. With its distinctive cultures and laid before the Senate, together with well-deserved retirement. But most of striking scenery, St. Martin Parish has accompanying papers, reports, and doc- all, please join me in thanking Kath- come to embody the definition of the uments, and were referred as indicated: erine Fort for her dedicated service to Louisiana way of life. EC–749. A communication from the Under the city of Warren and to the State of Today, I would like to applaud the Secretary of Defense (Comptroller), trans- Arkansas.∑ good people of St. Martin Parish on the mitting, pursuant to law, a quarterly report f bicentennial and wish them continued entitled ‘‘Acceptance of Contributions for prosperity.∑ Defense Programs, Projects, and Activities; BICENTENNIAL OF ST. MARTIN Defense Cooperation Account’’; to the Com- f PARISH mittee on Armed Services. ∑ MESSAGES FROM THE PRESIDENT EC–750. A communication from the Chair- Mr. VITTER. Mr. President, today I man, Board of Governors, Federal Reserve wish to acknowledge the bicentennial Messages from the President of the System, transmitting, pursuant to law, the of St. Martin Parish. As one of the United States were communicated to Board’s semiannual Monetary Policy Report; original 19 parishes created from the the Senate by Ms. Evans, one of his to the Committee on Banking, Housing, and Territory of Orleans, St. Martin will secretaries. Urban Affairs. celebrate its 200th anniversary in 2007. f EC–751. A communication from the General Counsel, National Credit Union Administra- St. Martin Parish was initially estab- EXECUTIVE MESSAGES REFERRED lished in 1756 by the French Govern- tion, transmitting, pursuant to law, the re- As in executive session the Presiding port of a rule entitled ‘‘Accuracy of Adver- ment as the ‘‘Postes des Attakapas.’’ It tising and Notice of Insured Status’’ was originally the site of an Indian Officer laid before the Senate messages from the President of the United (RIN3133–AD18) received on February 14, 2007; trading post and was later turned into to the Committee on Banking, Housing, and a Spanish military-administrative cen- States submitting sundry nominations Urban Affairs. ter. In 1807, when the Territory of Orle- which were referred to the appropriate EC–752. A communication from the Prin- ans was divided into the original 19 committees. cipal Deputy Associate Administrator, Office parishes, St. Martin Parish was the (The nominations received today are of Policy, Economics and Innovation, Envi- ronmental Protection Agency, transmitting, last to be created. The parish at that printed at the end of the Senate proceedings.) pursuant to law, the report of a rule entitled time included the present parishes of ‘‘Approval and Promulgation of Implementa- St. Martin, St. Mary, Lafayette, f tion Plans and Operating Permits Program; Vermillion, and Iberia. MESSAGES FROM THE HOUSE State of Missouri’’ (FRL No. 8278–8) received The structure of St. Martin Parish on February 15, 2007; to the Committee on has remained virtually unchanged Environment and Public Works. since 1868. It is divided by an arm of ENROLLED JOINT RESOLUTION EC–753. A communication from the Prin- SIGNED cipal Deputy Associate Administrator, Office Iberia Parish into the upper and lower of Policy, Economics and Innovation, Envi- portions of the parish. The upper por- At 10:03 a.m., a message from the ronmental Protection Agency, transmitting, tion consists of the communities of St. House of Representatives, delivered by pursuant to law, the report of a rule entitled Martinville, Breaux Bridge, Parks, Ms. Niland, one of its reading clerks, ‘‘Approval and Promulgation of Implementa- Henderson, and a portion of announced that the Speaker has signed tion Plans; New York; Motor Vehicle En- Arnaudville. The lower portion borders the following enrolled joint resolution: hanced Inspection and Maintenance Pro- the East Atchafalaya Basin Levee and H.J. Res. 20. Joint resolution making fur- gram’’ (FRL No. 8275–5) received on February consists of the unincorporated areas of ther continuing appropriations for fiscal 15, 2007; to the Committee on Environment year 2007, and for other purposes. and Public Works. Stephensville and Belle River. EC–754. A communication from the Prin- A population rich in diversity and The enrolled joint resolution was cipal Deputy Associate Administrator, Office cultural theory calls St. Martin Parish subsequently signed by the President of Policy, Economics and Innovation, Envi- home. In the late 1700s, 3,000 French pro tempore (Mr. BYRD). ronmental Protection Agency, transmitting,

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LINCOLN, Ms. MIKULSKI, and Mrs. Analyst, Insurance Policy, Office of Per- S. 320. A bill to provide for the protection MURRAY): sonnel Management, transmitting, pursuant of paleontological resources on Federal S. 605. A bill to amend the Public Health to law, the report of a rule entitled ‘‘FEHB lands, and for other purposes (Rept. No. 110– Service Act to promote and improve the al- Coverage and Premiums for Active Duty 18). lied health professions; to the Committee on Members of the Military’’ (RIN3206–AK98) re- H.R. 57. A bill to repeal certain sections of Health, Education, Labor, and Pensions. ceived on February 13, 2007; to the Com- the Act of May 26, 1936, pertaining to the By Mr. DORGAN (for himself, Mr. mittee on Homeland Security and Govern- Virgin Islands (Rept. No. 110–19). BAYH, Mr. BINGAMAN, Mrs. BOXER, mental Affairs. By Mr. LEAHY, from the Committee on Mr. BROWN, Mrs. CLINTON, Mr. CON- EC–756. A communication from the Sec- the Judiciary, without amendment and with RAD, Mr. DURBIN, Mr. FEINGOLD, Mrs. retary of Veterans Affairs, transmitting, a preamble: FEINSTEIN, Mr. HARKIN, Mr. KENNEDY, pursuant to law, a report relative to the De- S. Res. 41. A resolution honoring the life Mr. KERRY, Ms. LANDRIEU, Mr. LAU- partment’s competitive sourcing efforts dur- and recognizing the accomplishments of Tom TENBERG, Mr. LEAHY, Mr. MENENDEZ, ing fiscal year 2006; to the Committee on Mooney, president of the Ohio Federation of Ms. MIKULSKI, Mr. NELSON of Florida, Veterans’ Affairs. Teachers. Mr. OBAMA, Mr. PRYOR, Mr. REID, and EC–757. A communication from the Sec- S. Res. 47. A resolution honoring the life Mr. WYDEN): retary of Transportation, transmitting a bill and achievements of George C. Springer, Sr., S. 606. A bill to improve Federal con- entitled ‘‘Federal Railroad Safety Account- the Northeast regional director and a former tracting and procurement by eliminating ability and Improvement Act’’; to the Com- vice president of the American Federation of fraud and abuse and improving competition mittee on Commerce, Science, and Transpor- Teachers. in contracting and procurement and by en- tation. S. Res. 49. A resolution recognizing and hancing administration of Federal contracting personnel, and for other purposes; celebrating the 50th anniversary of the entry f to the Committee on Homeland Security and of Alaska into the Union as the 49th State. Governmental Affairs. REPORTS OF COMMITTEES S. Res. 69. A resolution recognizing the Af- By Mr. VITTER: The following reports of committees rican-American spiritual as a national treas- S. 607. A bill to amend title 18, United were submitted: ure. States Code, to prevent interference with By Mr. INOUYE, from the Committee on By Mr. BINGAMAN, from the Committee Federal disaster relief efforts, and for other Commerce, Science, and Transportation, on Energy and Natural Resources, without purposes; to the Committee on the Judici- with an amendment in the nature of a sub- amendment: ary. stitute: S. 202. A bill to provide for the conveyance By Mrs. FEINSTEIN (for herself, Mr. S. 184. A bill to provide improved rail and of certain Forest Service land to the city of CORNYN, Mrs. BOXER, Mrs. HUTCHISON, surface transportation security. Coffman Cove, Alaska (Rept. No. 110–6). Mr. LAUTENBERG, Mr. SCHUMER, Mrs. S. 216. A bill to provide for the exchange of f CLINTON, Mr. MENENDEZ, and Mr. certain Federal land in the Santa Fe Na- OBAMA): tional Forest and certain non-Federal land EXECUTIVE REPORTS OF S. 608. A bill to improve the allocation of in the Pecos National Historical Park in the COMMITTEES grants through the Department of Homeland State of New Mexico (Rept. No. 110–7). Security, and for other purposes; to the Com- The following executive reports of mittee on Homeland Security and Govern- S. 232. A bill to make permanent the au- nominations were submitted: thorization for watershed restoration and en- mental Affairs. hancement agreements (Rept. No. 110–8). By Mr. LEAHY for the Committee on the By Mr. ROCKEFELLER (for himself S. 240. A bill to reauthorize and amend the Judiciary. and Ms. SNOWE): S. 609. A bill to amend section 254 of the National Geologic Mapping Act of 1992 (Rept. Dabney Langhorne Friedrich, of Virginia, Communications Act of 1934 to provide that No. 110–9). to be a Member of the United States Sen- funds received as universal service contribu- S. 241. A bill to authorize the Secretary of tencing Commission for the remainder of the tions and the universal service support pro- the Interior to enter into cooperative agree- term expiring October 31, 2009, to which posi- grams established pursuant to that section ments to protect natural resources of units tion she was appointed during the last recess are not subject to certain provisions of title of the National Park System through col- of the Senate. 31, United States Code, commonly known as laborative efforts on land inside and outside Beryl A. Howell, of the District of Colum- bia, to be a Member of the United States the Antideficiency Act; to the Committee on of units of the National Park System (Rept. Commerce, Science, and Transportation. No. 110–10). Sentencing Commission for a term expiring October 31, 2011, to which position she was By Mr. ROCKEFELLER: S. 245. A bill to authorize the Secretary of S. 610. A bill to clarify the effective date of the Interior to designate the President Wil- appointed during the last recess of the Sen- ate. the modification of treatment for retirement liam Jefferson Clinton Birthplace Home in annuity purposes of part-time service before Hope, Arkansas, as a National Historic Site (Nominations without an asterisk April 7, 1986, of certain Department of Vet- and unit of the National Park System, and were reported with the recommenda- erans Affairs health-care professionals; to for other purposes (Rept. No. 110–11). tion that they be confirmed.) the Committee on Veterans’ Affairs. S. 255. A bill to provide assistance to the f By Mrs. MURRAY: State of New Mexico for the development of S. 611. A bill to provide for secondary comprehensive State water plans, and for INTRODUCTION OF BILLS AND school reform, and for other purposes; to the other purposes (Rept. No. 110–12). JOINT RESOLUTIONS Committee on Health, Education, Labor, and By Mr. BINGAMAN, from the Committee Pensions. on Energy and Natural Resources, with an The following bills and joint resolu- By Ms. SNOWE (for herself, Ms. MIKUL- amendment: tions were introduced, read the first SKI, Mrs. BOXER, and Mrs. MURRAY): S. 260. A bill to establish the Fort Stanton- and second times by unanimous con- S. 612. A bill to improve the health of Snowy River Cave National Conservation women through the establishment of Offices Area (Rept. No. 110–13). sent, and referred as indicated: of Women’s Health within the Department of By Mr. BINGAMAN, from the Committee By Mr. PRYOR: Health and Human Services; to the Com- on Energy and Natural Resources, without S. 602. A bill to develop the next genera- mittee on Health, Education, Labor, and amendment: tion of parental control technology; to the Pensions. S. 262. A bill to rename the Snake River Committee on Commerce, Science, and By Mr. LUGAR (for himself and Mr. Birds of Prey National Conservation Area in Transportation. BIDEN): the State of Idaho as the Morley Nelson By Mr. THOMAS (for himself and Mr. S. 613. A bill to enhance the overseas sta- Snake River Birds of Prey National Con- ENZI): bilization and reconstruction capabilities of servation Area in honor of the late Morley S. 603. A bill for the relief of Ashley Ross the United States Government, and for other Nelson, an international authority on birds Fuller; to the Committee on the Judiciary. purposes; to the Committee on Foreign Rela- of prey, who was instrumental in the estab- By Mr. LAUTENBERG (for himself, tions. lishment of this National Conservation Area, Mr. HAGEL, Mr. KERRY, and Mrs. LIN- By Mr. SCHUMER (for himself, Mr. and for other purposes (Rept. No. 110–14). COLN): BROWN, Mr. CASEY, Ms. KLOBUCHAR, S. 268. A bill to designate the Ice Age S. 604. A bill to amend title 10, United Mrs. MCCASKILL, Mr. TESTER, Mr. Floods National Geologic Trail, and for other States Code, to limit increases in the certain WHITEHOUSE, Mrs. BOXER, and Mr. purposes (Rept. No. 110–15). costs of health care services under the health NELSON of Nebraska):

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S. 614. A bill to amend the Internal Rev- BINGAMAN, Ms. COLLINS, Ms. MIKUL- S. 635. A bill to provide for a research pro- enue Code to double the child tax credit for SKI, Mr. STEVENS, Mrs. MURRAY, Mr. gram for remediation of closed methamphet- the first year, to expand the credit depend- DOMENICI, Mrs. CLINTON, Mr. COCH- amine production laboratories, and for other ent care services, to provide relief from the RAN, Mrs. FEINSTEIN, Mr. LEAHY, Mr. purposes; to the Committee on Environment alternative minimum tax, and for other pur- OBAMA, Mr. SANDERS, Mr. BROWN, Mr. and Public Works. poses; to the Committee on Finance. SCHUMER, Mr. AKAKA, Mr. KOHL, Ms. By Mr. SCHUMER: By Mr. LAUTENBERG (for himself, CANTWELL, Mr. CARPER, and Mr. NEL- S. 636. A bill to amend the Internal Rev- Mr. BROWNBACK, Mr. MENENDEZ, Mr. SON of Florida): enue Code of 1986 to extend the reporting pe- REID, Mrs. CLINTON, Mr. KENNEDY, S. 625. A bill to protect the public health riod for certain statements sent to tax- Mr. DODD, Mr. LIEBERMAN, Mr. FEIN- by providing the Food and Drug Administra- payers; to the Committee on Finance. GOLD, and Mr. COLEMAN): tion with certain authority to regulate to- By Mr. SESSIONS: S. 615. A bill to provide the nonimmigrant bacco products; to the Committee on Health, S. 637. A bill to direct the Secretary of the spouses and children of nonimmigrant aliens Education, Labor, and Pensions. Interior to study the suitability and feasi- who perished in the September 11, 2001, ter- By Mr. KENNEDY (for himself, Mr. bility of establishing the Chattahoochee rorist attacks an opportunity to adjust their BOND, Mr. AKAKA, Mr. LEAHY, Mr. Trace National Heritage Corridor in Ala- status to that of an alien lawfully admitted MENENDEZ, Mr. CRAIG, and Mr. bama and Georgia, and for other purposes; to for permanent residence, and for other pur- SHELBY): the Committee on Energy and Natural Re- poses; to the Committee on the Judiciary. S. 626. A bill to amend the Public Health sources. By Ms. COLLINS (for herself and Mr. Service Act to provide for arthritis research By Mr. ROBERTS (for himself, Mr. FEINGOLD): and public health, and for other purposes; to CHAMBLISS, Mr. CRAIG, Mr. ENSIGN, S. 616. A bill to promote health care cov- the Committee on Health, Education, Labor, Mr. HAGEL, Mr. ISAKSON, Mr. LOTT, erage parity for individuals participating in and Pensions. Mr. LUGAR, and Mr. THUNE): legal recreational activities or legal trans- By Mr. HARKIN (for himself, Mr. S. 638. A bill to amend the Internal Rev- portation activities; to the Committee on SMITH, Mr. SPECTER, and Mr. MAR- enue Code of 1986 to provide for collegiate Health, Education, Labor, and Pensions. TINEZ): housing and infrastructure grants; to the By Mr. SMITH: S. 627. A bill to amend the Juvenile Justice Committee on Finance. S. 617. A bill to make the National Parks and Delinquency Prevention Act of 1974 to By Mr. PRYOR: and Federal Recreational Lands Pass avail- improve the health and well-being of mal- S. 639. A bill to establish digital and wire- able at a discount to certain veterans; to the treated infants and toddlers through the cre- less networks to advance online higher edu- Committee on Energy and Natural Re- ation of a National Court Teams Resource cation opportunities for minority students; sources. Center, to assist local Court Teams, and for to the Committee on Commerce, Science, By Mr. LEAHY (for himself, Mr. SPEC- other purposes; to the Committee on the Ju- and Transportation. diciary. TER, Mr. LOTT, Mr. REID, and Ms. By Mr. CRAPO: By Mr. COLEMAN (for himself and Mr. LANDRIEU): S. 640. A bill to amend the Public Health S. 618. A bill to further competition in the BAYH): Service Act to establish an Office of Men’s insurance industry; to the Committee on the S. 628. A bill to provide grants for rural Health; to the Committee on Health, Edu- Judiciary. health information technology development cation, Labor, and Pensions. activities; to the Committee on Health, Edu- By Mr. VITTER: By Mr. MCCONNELL (for Mr. GREGG): S. 619. A bill to prevent congressional re- cation, Labor, and Pensions. S. 641. A bill to express the sense of Con- apportionment distortions; to the Com- By Mr. COLEMAN: gress that no funds should be cut off or re- S. 629. A bill to amend the Consolidated mittee on Homeland Security and Govern- duced for American troops in the field which Farm and Rural Development Act to provide mental Affairs. would result in undermining their safety or direct and guaranteed loans, loan guaran- By Mr. FEINGOLD (for himself and Ms. their ability to complete their assigned mis- tees, and grants to complete the construc- MIKULSKI): sions; read the first time. tion and rehabilitation of rural critical ac- S. 620. A bill to establish a demonstration By Mr. DURBIN (for himself, Mr. cess hospitals; to the Committee on Agri- project to train unemployed workers for em- KERRY, and Mr. MENENDEZ): culture, Nutrition, and Forestry. ployment as health care professionals, and S. 642. A bill to codify Executive Order By Mr. COLEMAN (for himself, Mr. for other purposes; to the Committee on 12898, relating to environmental justice, to DURBIN, and Mr. HARKIN): Health, Education, Labor, and Pensions. S. 630. A bill to amend part C of title XVIII require the Administrator of the Environ- By Mr. FEINGOLD (for himself, Mr. of the Social Security Act to provide for a mental Protection Agency to fully imple- GRASSLEY, Mr. KENNEDY, Mr. LIEBER- minimum payment rate by Medicare Advan- ment the recommendations of the Inspector MAN, and Mr. INOUYE): tage organizations for services furnished by General of the Agency and the Comptroller S. 621. A bill to establish commissions to a critical access hospital and a rural health General of the United States, and for other review the facts and circumstances sur- clinic under the Medicare program; to the purposes; to the Committee on Environment rounding injustices suffered by European Committee on Finance. and Public Works. Americans, European Latin Americans, and By Mr. COLEMAN: By Mr. AKAKA: Jewish refugees during World War II; to the S. 631. A bill to amend title XVIII of the S. 643. A bill to amend section 1922A of Committee on the Judiciary. Social Security Act to provide for coverage title 38, United States Code, to increase the By Mr. HARKIN (for himself, Mr. ENZI, of remote patient management services for amount of supplemental insurance available Mr. FEINGOLD, Mr. THOMAS, Mr. DOR- chronic health care conditions under the for totally disabled veterans; to the Com- GAN, Mr. BAUCUS, and Mrs. MCCAS- Medicare Program; to the Committee on Fi- mittee on Veterans’ Affairs. KILL): nance. By Mrs. LINCOLN (for herself, Ms. COL- S. 622. A bill to enhance fair and open com- By Mr. COLEMAN (for himself and Ms. LINS, Mr. DORGAN, Ms. SNOWE, Mr. petition in the production and sale of agri- KLOBUCHAR): COLEMAN, and Mr. LEAHY): cultural commodities; to the Committee on S. 632. A bill to provide for a hospital in S. 644. A bill to amend title 38, United Agriculture, Nutrition, and Forestry. Cass County, Minnesota; to the Committee States Code, to recodify as part of that title By Mr. SCHUMER (for himself, Mrs. on Finance. certain educational assistance programs for CLINTON, Mr. VITTER, Ms. COLLINS, By Mr. COLEMAN: members of the reserve components of the Mr. LEAHY, and Ms. STABENOW): S. 633. A bill to provide assistance to rural Armed Forces, to improve such programs, S. 623. A bill to amend the Public Health schools, hospitals, and communities for the and for other purposes; to the Committee on Service Act to provide for the licensing of conduct of collaborative efforts to secure a Armed Services. comparable and interchangeable biological progressive and innovative system to im- By Mr. THOMAS (for himself, Mr. BEN- products, and for other purposes; to the Com- prove access to mental health care for youth, NETT, Mr. BINGAMAN, Mr. CONRAD, Mr. mittee on Health, Education, Labor, and seniors and families; to the Committee on CRAIG, Mr. CRAPO, Mr. DOMENICI, Mr. Pensions. Health, Education, Labor, and Pensions. ENZI, Mr. HAGEL, Ms. MURKOWSKI, By Ms. MIKULSKI (for herself and Mrs. By Mr. DODD (for himself and Mr. and Mr. SALAZAR): HUTCHISON): HATCH): S. 645. A bill to amend the Energy Policy S. 624. A bill to amend the Public Health S. 634. A bill to amend the Public Health Act of 2005 to provide an alternate sulfur di- Service Act to provide waivers relating to Service Act to establish grant programs to oxide removal measurement for certain coal grants for preventive health measures with provide for education and outreach on new- gasification project goals; to the Committee respect to breast and cervical cancers; to the born screening and coordinated followup care on Energy and Natural Resources. Committee on Health, Education, Labor, and once newborn screening has been conducted, By Mr. COLEMAN: Pensions. to reauthorize programs under part A of title S. 646. A bill to increase the nursing work- By Mr. KENNEDY (for himself, Mr. XI of such Act, and for other purposes; to the force; to the Committee on the Judiciary. CORNYN, Mr. HARKIN, Mr. MCCAIN, Committee on Health, Education, Labor, and By Mr. WYDEN (for himself and Mr. Mr. DURBIN, Mr. LUGAR, Mr. DODD, Pensions. SMITH): Mr. SMITH, Mr. REED, Ms. SNOWE, Mr. By Mr. BAUCUS (for himself and Mr. S. 647. A bill to designate certain land in LAUTENBERG, Ms. MURKOWSKI, Mr. SMITH): the State of Oregon as wilderness, and for

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other purposes; to the Committee on Energy the world; to the Committee on the Judici- S. 284 and Natural Resources. ary. At the request of Mr. CONRAD, the By Mr. CHAMBLISS: By Mr. AKAKA (for himself, Mr. CRAIG, name of the Senator from South Da- S. 648. A bill to amend title 10, United Mr. LEVIN, Mr. STEVENS, Mr. KERRY, kota (Mr. JOHNSON) was added as a co- States Code, to reduce the eligibility age for Mr. DORGAN, Mr. WEBB, Mr. BROWN, sponsor of S. 284, a bill to provide receipt of non-regular military service re- Mr. BINGAMAN, Mr. CRAPO, Mr. WAR- emergency agricultural disaster assist- tired pay for members of the Ready Reserve NER, Mr. ENSIGN, Mr. MCCAIN, Mr. in active federal status or on active duty for SALAZAR, and Ms. SNOWE): ance. significant periods; to the Committee on S. Con. Res. 12. A concurrent resolution S. 294 Armed Services. supporting the goals and ideals of a National At the request of Mr. LAUTENBERG, By Mrs. CLINTON: Medal of Honor and to celebrate and honor the name of the Senator from Ohio S. 649. A bill to require the Nuclear Regu- the recipients of the Medal of Honor on the (Mr. BROWN) was added as a cosponsor latory Commission to conduct an inde- anniversary of the first award of that medal of S. 294, a bill to reauthorize Amtrak, in 1863; considered and agreed to. pendent safety assessment of the Indian and for other purposes. Point Nuclear Power Plant; to the Com- By Mr. SANDERS: mittee on Environment and Public Works. S. Con. Res. 13. A concurrent resolution ex- S. 367 By Mr. REID: pressing the sense of Congress that the At the request of Mr. DORGAN, the S. 650. A bill to amend the Energy Employ- President should not initiate military action name of the Senator from Virginia (Mr. ees Occupational Illness Compensation Pro- against Iran without first obtaining author- WEBB) was added as a cosponsor of S. gram Act of 2000 to provide for certain nu- ization from Congress; to the Committee on 367, a bill to amend the Tariff Act of clear weapons program workers to be in- Foreign Relations. 1930 to prohibit the import, export, and cluded in the Special Exposure Cohort under f sale of goods made with sweatshop the compensation program established by labor, and for other purposes. that Act; to the Committee on Health, Edu- ADDITIONAL COSPONSORS S. 368 cation, Labor, and Pensions. S. 3 At the request of Mr. BIDEN, the By Mr. HARKIN (for himself and Mrs. At the request of Mr. CASEY, his CLINTON): name was added as a cosponsor of S. 3, name of the Senator from Pennsyl- S. 651. A bill to help promote the national a bill to amend part D of title XVIII of vania (Mr. SPECTER) was added as a co- recommendation of physical activity to kids, sponsor of S. 368, a bill to amend the the Social Security Act to provide for families, and communities across the United Omnibus Crime Control and Safe fair prescription drug prices for Medi- States; to the Committee on Health, Edu- Streets Act of 1968 to enhance the care beneficiaries. cation, Labor, and Pensions. COPS ON THE BEAT grant program, S. 4 By Mr. SMITH (for himself, Mrs. FEIN- and for other purposes. STEIN, Mr. CRAIG, and Mr. SUNUNU): At the request of Mr. CASEY, his S. 415 S. 652. A bill to extend certain trade pref- name was added as a cosponsor of S. 4, At the request of Mr. BROWNBACK, the erences to certain least-developed countries, a bill to make the United States more name of the Senator from Nebraska and for other purposes; to the Committee on secure by implementing unfinished rec- Finance. (Mr. NELSON) was added as a cosponsor ommendations of the 9/11 Commission By Mr. VOINOVICH (for himself, Mr. of S. 415, a bill to amend the Revised to fight the war on terror more effec- AKAKA, Mr. LUGAR, Ms. MIKULSKI, Statutes of the United States to pre- tively, to improve homeland security, and Mr. STEVENS): vent the use of the legal system in a S. 653. A bill to expand visa waiver pro- and for other purposes. manner that extorts money from State gram to countries on a probationary basis S. 10 and for other purposes; to the Committee on and local governments, and the Federal At the request of Mr. CASEY, his Government, and inhibits such govern- the Judiciary. name was added as a cosponsor of S. 10, By Mr. DURBIN (for himself and Mr. ments’ constitutional actions under a bill to reinstate the pay-as-you-go re- SCHUMER): the first, tenth, and fourteenth amend- S. 654. A bill to establish the Food Safety quirement and reduce budget deficits ments. by strengthening budget enforcement Administration to protect the public health S. 430 and fiscal responsibility. by preventing food-borne illness, ensuring At the request of Mr. LEAHY, the the safety of food, improving research on S. 122 name of the Senator from Arkansas contaminants leading to food-borne illness, At the request of Mr. BAUCUS, the (Mrs. LINCOLN) was added as a cospon- and improving security of food from inten- name of the Senator from Massachu- tional contamination, and for other pur- sor of S. 430, a bill to amend title 10, setts (Mr. KERRY) was added as a co- poses; to the Committee on Agriculture, Nu- United States Code, to enhance the na- trition, and Forestry. sponsor of S. 122, a bill to amend the tional defense through empowerment Trade Act of 1974 to extend benefits to f of the Chief of the National Guard Bu- service sector workers and firms, en- reau and the enhancement of the func- SUBMISSION OF CONCURRENT AND hance certain trade adjustment assist- tions of the National Guard Bureau, SENATE RESOLUTIONS ance authorities, and for other pur- and for other purposes. poses. The following concurrent resolutions S. 450 and Senate resolutions were read, and S. 184 At the request of Mrs. LINCOLN, the referred (or acted upon), as indicated: At the request of Mr. INOUYE, the name of the Senator from New Mexico name of the Senator from Washington By Mr. HAGEL (for himself, Mr. REED, (Mr. BINGAMAN) was added as a cospon- (Ms. CANTWELL) was added as a cospon- Mrs. CLINTON, Mr. BURR, Mr. REID, sor of S. 450, a bill to amend title XVIII Ms. SNOWE, Mr. KERRY, Mr. GREGG, sor of S. 184, a bill to provide improved of the Social Security Act to repeal the and Mrs. BOXER): rail and surface transportation secu- medicare outpatient rehabilitation S. Res. 82. A resolution designating August rity. therapy caps. 16, 2007 as ‘‘National Airborne Day’’; to the S. 254 At the request of Mr. ENSIGN, the Committee on the Judiciary. At the request of Mr. ENZI, the names name of the Senator from Washington By Mr. SPECTER (for himself and Mr. of the Senator from Georgia (Mr. ISAK- (Mrs. MURRAY) was added as a cospon- COBURN): SON) and the Senator from Massachu- sor of S. 450, supra. S. Res. 83. A resolution to amend the Standing Rules of the Senate to prohibit fill- setts (Mr. KENNEDY) were added as co- S. 455 ing the tree; to the Committee on Rules and sponsors of S. 254, a bill to award post- At the request of Mr. KERRY, the Administration. humously a Congressional gold medal name of the Senator from Washington By Mr. BROWNBACK (for himself and to Constantino Brumidi. (Ms. CANTWELL) was added as a cospon- Mr. PRYOR): S. 261 sor of S. 455, a bill to amend the inter- S. Res. 84. A resolution observing February At the request of Ms. CANTWELL, the nal Revenue Code of 1986 to provide tax 23, 2007, as the 200th anniversary of the aboli- name of the Senator from Indiana (Mr. relief to active duty military personnel tion of the slave trade in the British Empire, BAYH) was added as a cosponsor of S. and employers who assist them, and for honoring the distinguished life and legacy of William Wilberforce, and encouraging the 261, a bill to amend title 18, United other purposes. people of the United States to follow the ex- States Code, to strengthen prohibitions S. 494 ample of William Wilberforce by selflessly against animal fighting, and for other At the request of Mr. LUGAR, the pursuing respect for human rights around purposes. names of the Senator from Oregon (Mr.

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2007 CONGRESSIONAL RECORD — SENATE S2025 SMITH) and the Senator from Arizona 578, a bill to amend title XIX of the So- clusion of a mandatory V-Chip device, (Mr. MCCAIN) were added as cosponsors cial Security Act to improve require- and in collaboration with Congress, the of S. 494, a bill to endorse further en- ments under the Medicaid program for FCC, and the entertainment industry, largement of the North Atlantic Trea- items and services furnished in or the V-Chip was born. The V-Chip was ty Organization (NATO) and to facili- through an educational program or set- an important beginning to control tate the timely admission of new mem- ting to children, including children child access to adult material. Over a bers to NATO, and for other purposes. with developmental, physical, or men- decade has passed since the 1996 act, S. 507 tal health needs, and for other pur- and the world of communications has At the request of Mr. CONRAD, the poses. changed. However, the issues that in- name of the Senator from Washington S. 579 spired the V-Chip continue to exist (Mrs. MURRAY) was added as a cospon- At the request of Mr. REID, the today for not only television but for sor of S. 507, a bill to amend title XVIII names of the Senator from Florida (Mr. the Internet and other video streaming of the Social Security Act to provide NELSON), the Senator from Rhode Is- devices. The Child Safe Viewing Act is a prag- for reimbursement of certified midwife land (Mr. WHITEHOUSE), the Senator matic approach to addressing the pit- services and to provide for more equi- from California (Mrs. FEINSTEIN), the falls of video content not intended for table reimbursement rates for certified Senator from Indiana (Mr. BAYH), the kids, and it acts on current law. It sim- nurse-midwife services. Senator from Washington (Mrs. MUR- ply directs the Federal Communica- RAY), the Senator from Wisconsin (Mr. S. 509 tions Commission to begin a pro- KOHL) and the Senator from California At the request of Mr. INOUYE, the ceeding on the requirements in section (Mrs. BOXER) were added as cosponsors name of the Senator from Texas (Mrs. 551 of the V-Chip law. Section 551 of S. 579, a bill to amend the Public HUTCHISON) was added as a cosponsor of states that the Commission shall take Health Service Act to authorize the Di- S. 509, a bill to provide improved avia- action on alternative blocking tech- tion security, and for other purposes. rector of the National Institute of En- nology as it is developed. This mandate S. 536 vironmental Health Sciences to make is clear and the time has come. We grants for the development and oper- At the request of Mr. KOHL, the name must engage in this issue now to en- of the Senator from Wisconsin (Mr. ation of research centers regarding ensure that families have the tools to FEINGOLD) was added as a cosponsor of vironmental factors that may be re- keep inappropriate and sometimes dan- S. 536, a bill to amend the Organic lated to the etiology of breast cancer. gerous material out of their children’s Foods Production Act of 1990 to pro- At the request of Mr. HATCH, the view. hibit the labeling of cloned livestock names of the Senator from New Hamp- I am also introducing ED 1.0, a bill to and products derived from cloned live- shire (Mr. SUNUNU) and the Senator advance online higher education oppor- stock as organic. from Ohio (Mr. VOINOVICH) were added tunities for minorities. Last Congress, as cosponsors of S. 579, supra. S. 543 Senator Allen and I introduced a bill S. 597 At the request of Mr. NELSON of Ne- that would establish a digital and wire- braska, the name of the Senator from At the request of Mrs. FEINSTEIN, the less network technology program for Georgia (Mr. ISAKSON) was added as a names of the Senator from North Caro- minority-serving institutions, and it cosponsor of S. 543, a bill to improve lina (Mrs. DOLE), the Senator from Mis- was reported favorably by the Com- Medicare beneficiary access by extend- souri (Mr. BOND), the Senator from merce Committee. Regrettably, I am ing the 60 percent compliance thresh- Utah (Mr. HATCH), the Senator from concerned that the cost of the bill will old used to determine whether a hos- Arkansas (Mrs. LINCOLN) and the Sen- prohibit it from moving in this Con- pital or unit of a hospital is an inpa- ator from Kentucky (Mr. BUNNING) gress. But the needs to this Nation’s tient rehabilitation facility under the were added as cosponsors of S. 597, a minorities are not standing still. ED 1.0 would allow some of our goals Medicare program. bill to extend the special postage stamp for breast cancer research for 2 to move forward now by creating a S. 558 years. pilot online degree program at four mi- At the request of Mr. KENNEDY, the S. 601 nority-serving institutions. African- names of the Senator from Hawaii (Mr. American, Hispanic, and tribal serving INOUYE), the Senator from New York At the request of Mr. BAYH, the name of the Senator from New Mexico (Mr. colleges and universities in socially (Mrs. CLINTON), the Senator from North and economically disadvantaged areas BINGAMAN) was added as a cosponsor of Dakota (Mr. CONRAD), the Senator from would be eligible to participate in this S. 601, a bill to amend the Internal Illinois (Mr. DURBIN), the Senator from program to help define what works in Revenue Code of 1986 to require broker Minnesota (Ms. KLOBUCHAR) and the ensuring that minorities are obtaining reporting of customer’s basis in securi- Senator from Iowa (Mr. HARKIN) were higher education degrees. added as cosponsors of S. 558, a bill to ties transactions, and for other pur- With the high costs of networks and provide parity between health insur- poses. limited availability of resources, the ance coverage of mental health bene- f program would provide a national ‘‘les- fits and benefits for medical and sur- STATEMENTS ON INTRODUCED sons learned’’ about how to develop and gical services. BILLS AND JOINT RESOLUTIONS implement flexible degree programs in S. 561 fields such as health or education, By Mr. PRYOR: which are currently underserved in the At the request of Mr. BUNNING, the S. 602. A bill to develop the next gen- disadvantaged community. The goals name of the Senator from Florida (Mr. eration of parental control technology; MARTINEZ) was added as a cosponsor of of ED 1.0 will make education a reality to the Committee on Commerce, for thousands of Americans, and I hope S. 561, a bill to repeal the sunset of the Science, and Transportation. Economic Growth and Tax Relief Rec- this bill will have the support of my Mr. PRYOR. Mr. President, I wish to colleagues. onciliation Act of 2001 with respect to introduce two communications bills. the expansion of the adoption credit First, I am introducing the Child Safe and adoption assistance programs. By Mr. LAUTENBERG (for him- Viewing Act, a bill to develop the next self, Mr. HAGEL, Mr. KERRY, and S. 574 generation of parental control tech- Mrs. LINCOLN): At the request of Mr. REID, the name nology. Last year, following several S. 604. A bill to amend title 10, of the Senator from Nebraska (Mr. hearings and forums on decency, I con- United States Code, to limit increases NELSON) was added as a cosponsor of S. cluded that the V-Chip is not an ade- in the certain costs of health care serv- 574, a bill to express the sense of Con- quate solution for parents to prevent ices under the heaalth care programs of gress on Iraq. their children from viewing adult con- the Department of Defense, and for the S. 578 tent, especially in a world of 500 chan- purposes; to the Committee on Armed At the request of Mr. KENNEDY, the nels and video streaming. Services. name of the Senator from Ohio (Mr. During the 1996 Telecommunications Mr. LAUTENBERG. Mr. President, I BROWN) was added as a cosponsor of S. Act debate, President Clinton urged in- rise to introduce the Military Health

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2026 CONGRESSIONAL RECORD — SENATE February 15, 2007 Care Protection Act along with my col- traordinary demands, and make extraor- (1) the Department of Defense and the Na- leagues, Senators HAGEL, KERRY, and dinary sacrifices, over the course of 20-year tion have a committed obligation to provide LINCOLN. to 30-year careers in protecting freedom for health care benefits to retired members of This important legislation will keep all Americans. the uniformed services that exceeds the obli- (2) The nature and extent of these demands the Pentagon from dramatically rais- gation of corporate employers to provide and sacrifices are never so evident as in war- health care benefits to their employees; ing health care fees on active duty time, not only during the current Global War (2) the Department of Defense has many military personnel, National Guard, on Terrorism, but also during the wars of the additional options to constrain the growth of Reserves, retirees and their families. last 60 years when current retired members health care spending in ways that do not dis- Our bill will limit increases to of the Armed Forces were on continuous call advantage retired members of the uniformed TRICARE military health insurance to go in harm’s way when and as needed. services who participate or seek to partici- enrollment fees, deductibles, and phar- (3) The demands and sacrifices are such pate in the TRICARE program, and should macy co-payments for those military that few Americans are willing to bear or ac- pursue any and all such options rather than cept them for a multi-decade career. retirees who are enrolled in TRICARE. seeking large increases for enrollment fees, (4) A primary benefit of enduring the ex- deductibles, and copayments for such retir- Under this legislation, increases in traordinary sacrifices inherent in a military ees, and their families or survivors, who do these health care fees cannot exceed career is a range of extraordinary retirement participate in that program; the rate of growth in uniformed serv- benefits that a grateful Nation provides for (3) any percentage increase in fees, ices beneficiaries’ military compensa- those who choose to subordinate much of deductibles, and copayments that may be tion, thereby protecting beneficiaries their personal life to the national interest considered under the TRICARE program for from an undue financial burden. for so many years. retired members of the uniformed services Our bill will also cap increases to (5) Many private sector firms are cur- and their families or survivors should not in tailing health benefits and shifting signifi- any case exceed the percentage increase in TRICARE military health insurance cantly higher costs to their employees, and pharmacy co-payments at current lev- military retired pay; and one effect of such curtailment is that retired (4) any percentage increase in fees, els for those active duty military per- members of the uniformed services are turn- deductibles, and copayments under the sonnel, National Guard, Reserves mem- ing for health care services to the Depart- TRICARE program that may be considered bers, and their families. Under this leg- ment of Defense, and its TRICARE program, for members of the uniformed services who islation, increases in such fees also for the health care benefits in retirement are currently serving on active duty or in cannot exceed the rate of growth in that they earned by their service in uniform. the Selected Reserve, and for the families of (6) In some cases, civilian employers estab- such members, should not exceed the per- uniformed services beneficiaries’ mili- lish financial incentives for employees who tary compensation. centage increase in basic pay for such mem- are also eligible for participation in the bers. Just last week, the Department of TRICARE program to receive health care Defense (DOD) submitted its Fiscal benefits under that program rather than SEC. 3. LIMITATIONS ON CERTAIN INCREASES IN HEALTH CARE COSTS FOR MEMBERS Year 2008 budget to Congress. Within under the health care benefits programs of OF THE UNIFORMED SERVICES. such employers. that budget, a cut of $1.86 billion was (a) PHARMACY BENEFITS PROGRAM.—Sec- (7) While the Department of Defense has made to TRICARE out of the Defense tion 1074g(a)(6) of title 10, United Stated made some efforts to contain increases in Health Program budget. Such a cut Code, is amended by adding at the end the the cost of the TRICARE program, a large would require a doubling of fees on sen- part of those efforts has been devoted to following new subparagraph: ior enlisted retirees and a tripling of shifting a larger share of the costs of bene- ‘‘(C) The amount of any cost sharing re- such fees for officer retirees. This fits under that program to retired members quirements under this paragraph may not be would mean increases of up to $1,000 of the uniformed services. increased in any year by a percentage that annually for some military retirees. (8) The cumulative increase in enrollment exceeds the percentage increase of the most fees, deductibles, and copayments being pro- recent increase in retired pay for members of While the Department of Defense tem- the armed forces under section 1401a(b)(2) of porarily halted plans to raise fees last posed by the Department of Defense for health care benefits under the TRICARE pro- this title. To the extent that such increase year at the direction of Congress, we gram far exceeds the 33-percent increase in for any year is less than one dollar, the accu- are again faced with this challenge. We military retired pay since such fees, mulated increase may be carried over from must pass legislation now that limits deductibles, and copayments were first re- year to year, rounded to the nearest dollar.’’. the amount of any health care increase quired on the part of retired members of the (b) PREMIUMS FOR TRICARE STANDARD FOR and protects beneficiaries from ex- uniformed services 11 years ago. RESERVE COMPONENT MEMBERS WHO COMMIT treme health care fee increases in the (9) Proposals of the Department of Defense TO SERVICE IN THE SELECTED RESERVE.—Sec- tion 1076d(d)(3) of such title is amended— future. for increases in the enrollment fees, deductibles, and copayments of retired mem- (1) by striking ‘‘The monthly amount’’ and With this bill, Senator HAGEL and I bers of the uniformed services who are par- inserting ‘‘(A) Subject to subparagraph (B), reiterate our commitment to our ticipants in the TRICARE program fail to the monthly amount’’; and troops and future veterans by assuring recognize adequately that such members (2) by adding at the end the following new them that just as they protected us, we paid the equivalent of enormous in-kind pre- subparagraph: will take care of them when their serv- miums for health care in retirement through ‘‘(B) Effective as of October 1, 2007, the per- ice ends. their extended sacrifices by service in uni- centage increase in the amount of the pre- Last year, Congress rejected the form. mium in effect for a month for TRICARE same increases that the Pentagon is (10) Some of the Nation’s health care pro- Standard coverage under this section may viders refuse to accept participants in the not exceed a percentage equal to the percent- proposing again for this year. I ask the age of the most recent increase in the rate of support of my colleagues to pass this TRICARE program as patients because that program pays them significantly less than basic pay authorized for members of the uni- legislation this year to prevent these commercial insurance programs, and im- formed services for a year.’’. significant increases permanently. poses unique administrative requirements, (c) COPAYMENTS UNDER CHAMPUS.—Para- I ask unanimous consent that the for health care services. graph (3) of section 1086(b) of such title is text of the bill be printed in the (11) The Department of Defense has chosen amended in the first sentence by striking RECORD. to count the accrual deposit to the Depart- ‘‘during the period beginning on April 1, 2006, There being no objection, the text of ment of Defense Military Retiree Health and ending on September 30, 2007.’’ and in- the bill was ordered to be printed in Care Fund against the budget of the Depart- serting ‘‘after March 31, 2006’’. (d) PROHIBITION ON ENROLLMENT FEES FOR the RECORD, as follows: ment of Defense, contrary to the requirements of section 1116 of title 10, United CERTAIN PERSONS UNDER CHAMPUS.—Sec- S. 604 States Code. tion 1086(b) of such title is further amended Be it enacted by the Senate and House of Rep- (12) Senior officials of the Department of by adding at the end the following new para- resentatives of the United States of America in Defense leaders have reported to Congress graph: Congress assembled, that counting such deposits against the ‘‘(5) A person covered by subsection (c) SECTION 1. SHORT TITLE. budget of the Department of Defense is im- may not be charged an enrollment fee for This Act may be cited as the ‘‘Military pinging on other readiness needs of the coverage under this section.’’. Health Care Protection Act’’. Armed Forces, including weapons programs, (e) AUTOMATIC ENROLLMENT FOR CERTAIN SEC. 2. FINDINGS AND SENSE OF CONGRESS. an inappropriate situation which section 1116 PERSONS UNDER CHAMPUS.—Section 1086(b) (a) FINDINGS.—Congress makes the fol- of title 10, United States Code, was intended of such title is further amended by adding at lowing findings: expressly to prevent. the end the following new paragraph: (1) Career members of the uniformed serv- (b) SENSE OF CONGRESS.—It is the sense of ‘‘(6) A person covered by subsection (c) ices and their families endure unique and ex- Congress that— shall not be subject to denial of claims for

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2007 CONGRESSIONAL RECORD — SENATE S2027 coverage under this section for failure to en- and 12.7 percent for pharmacy techni- them to carry out demonstrations of roll for such coverage. To the extent enroll- cians. In my State alone, the Wash- models and best practices in allied ment may be required, enrollment shall be ington State Hospital Association re- health for the purpose of developing in- automatic for any such person filing a claim ports vacancy rates of 14.3 percent for novative strategies or approaches for under this section.’’. (f) PREMIUMS AND OTHER CHARGES UNDER ultrasound technologists, 11.3 percent retention of allied health professionals. TRICARE.—Section 1097(e) of such title is for radiology technicians, and 10.9 per- These grants will be awarded in a vari- amended— cent for nuclear medicine tech- ety of geographic regions to a range of (1) by inserting ‘‘(1)’’ before ‘‘The Sec- nologists. different types of facilities, including retary of Defense’’; and These shortages have real con- those in rural, urban, and suburban (2) by adding at the end the following new sequences for patients, often extending areas. paragraph: wait times for important test results Furthermore, this bill will give the ‘‘(2) Effective as of October 1, 2007, the percentage increase in the amount of any pre- or routine examinations. Every time I Secretary of HHS, acting through the mium, deductible, copayment or other meet with hospital officials in my Administrator of HRSA, the authority charge prescribed by the Secretary under State, I always learn how patient care to enter into an agreement with any this subsection may not exceed the percent- is hurt by the lack of available institution that offers an eligible allied age increase of the most recent increase in healthcare workers. health education program to establish retired pay for members and former mem- Enrollment figures in allied health and operate a faculty loan fund to in- bers of the armed forces under section education programs suggest we will not crease the number of qualified allied 1041a(b)(2) of this title.’’. have the individuals available to meet health faculty. Loans may be granted By Ms. CANTWELL (for herself, the challenges created by existing to faculty pursuing a full-time course Mr. BINGAMAN, Mrs. BOXER, Mr. shortages. The Association of Schools of study or, at the discretion of the KENNEDY, Ms. LANDRIEU, Mr. of Allied Health Professionals (ASAHP) Secretary, a part-time course of study LIEBERMAN, Mrs. LINCOLN, Ms. reports in a 2006 survey of 87 member in an advanced degree program. MIKULSKI, and Mrs. MURRAY): institutions that enrollment for a num- Finally, the Allied Health Reinvest- S. 605. A bill to amend the Public ber of allied health programs have not ment Act will establish a scholarship Health Service Act to promote and im- reached capacity for the seventh program modeled after the National prove the allied health professions; to straight year. The Institutional Profile Health Service Corps that provides the Committee on Health, Education, Survey, which the ASAHP conducts scholarships to individuals seeking al- Labor, and Pensions. every year, shows under-enrollment by lied health education in exchange for Ms. CANTWELL. Mr. President, 55 percent in dietetics, 54 percent in service by those individuals in rural early in the 109th Congress I intro- health administration, 49 percent in re- and other medically underserved areas. duced a bill to address the troubling habilitation counseling, 43 percent in The Allied Health Reinvestment Act shortage of allied health professionals health information management, 38 represents a serious commitment on in our country. Sadly, we were unable percent in speech language pathology/ our part to confront a problem that to act on this bill despite continuing audiology, 33 percent in emergency will only grow more serious in the fu- deficiencies in the health care work- medical sciences, 26 percent in nuclear ture. Our system of care cannot oper- force. That is why, today, I am reintro- medicine technology, 25 percent in ate without the dedicated allied health ducing the Allied Health Reinvestment clinical laboratory sciences/medical professionals working today, and we Act, along with my good colleagues, technology, and 20 percent in must take the actions necessary to en- Senators BINGAMAN, BOXER, KENNEDY, cytotechnology. sure that there is a strong workforce LANDRIEU, LIEBERMAN, LINCOLN, MIKUL- These rates cannot continue. On top that can serve in the future. SKI, and MURRAY. of existing workforce shortages, our I ask unanimous consent that the Allied health professionals constitute health system faces a growing senior text of the bill be printed in the roughly one third of the American population, a group that typically re- RECORD. healthcare workforce. These individ- quires more care. The U.S. Census Bu- There being no objection, the text of uals take x-rays, perform lab tests, and reau reports that the section of our the bill was ordered to be printed in provide emergency services. They help population age 65 and over will begin to the RECORD, as follows: rehabilitate the injured, manage rapidly increase in 2011 when the first S. 605 health records, and ensure patients are of the baby boom generation reaches Be it enacted by the Senate and House of Rep- eating right. Allied health profes- age 65. This increase will create greater resentatives of the United States of America in sionals are responsible for a critical demand on all sectors of the healthcare Congress assembled, and diverse array of functions, working workforce. SECTION 1. SHORT TITLE. with doctors and nurses to keep pa- The bill my colleagues and I intro- This Act may be cited as the ‘‘Allied tients healthy. duce today, like the Nurse Reinvest- Health Reinvestment Act’’. The allied health professions recog- ment Act in the 107th Congress, intends SEC. 2. FINDINGS AND PURPOSE. nized in this bill include professionals to provide incentives for individuals to (a) FINDINGS.—Congress makes the fol- in the areas of: dental hygiene, dietet- seek and complete high-quality allied lowing findings: (1) The United States Census Bureau and ics/nutrition, emergency medical serv- health education and training. other reports highlight the increased demand ices, health information management, The bill offers allied health edu- for acute and chronic health care services clinical laboratory sciences/medical cation, practice, and retention grants. among both the general population and a technology, cytotechnology, occupa- Education grants will be used to ex- rapidly growing aging portion of the popu- tional therapy, physical therapy, pand enrollment in allied health edu- lation. radiologic technology, nuclear medical cation programs, especially by under- (2) The calls for reduction in medical er- technology, rehabilitation counseling, represented racial and ethnic minority rors, increased patient safety, and quality of respiratory therapy, and speech lan- students, and provide educational op- care have resulted in an amplified call for al- portunities through new technologies lied health professionals to provide health guage-pathology/audiology. This is by care services. no means a complete list of allied and methods, including distance-learn- (3) Several allied health professions are health professions, which is why the ing. Practice grants will establish or characterized by workforce shortages, de- Secretary of Health and Human Serv- expand allied health practice arrange- clining enrollments in allied health edu- ices will have the authority to deter- ments in non-institutional settings to cation programs, or a combination of both mine additional professions that can demonstrate methods that will im- factors, and hospital officials have reported benefit. prove access to primary health care in vacancy rates in positions occupied by allied Today, many allied health profes- rural areas and other medically under- health professionals. sions suffer from existing workforce served communities. Retention grants (4) Many allied health education programs are facing significant economic pressure that shortages. The American Hospital As- will promote career advancement for could force their closure due to an insuffi- sociation (AHA) reports vacancy rates allied health personnel. cient number of students. of 18 percent for radiology technicians, Grants will also be made available (b) PURPOSE.—It is the purpose of this Act 15.3 percent for imaging technicians, for health care facilities to enable to provide incentives for individuals to seek

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and complete high quality allied health edu- ‘‘(b) ELIGIBLE ENTITY.—To be eligible to re- ‘‘SEC. 799C–5. ALLIED HEALTH EDUCATION, PRAC- cation and training and provide additional ceive a grant under subsection (a), an entity TICE, AND RETENTION GRANTS. funding to ensure that such education and shall— ‘‘(a) EDUCATION PRIORITY AREAS.—The Sec- training can be provided to allied health stu- ‘‘(1) be a professional, national, or State al- retary may award grants to or enter into dents so that the United States health care lied health association, State health care contracts with eligible entities to— industry with have a supply of allied health provider, or association of one or more ‘‘(1) expand the enrollment of individuals professionals needed to support the health health care facilities, allied health education in allied health education programs, espe- care system of the United States in this dec- programs, or other entities that provides cially the enrollment of underrepresented ra- ade and beyond. similar services or serves a like function; cial and ethnic minority students; and SEC. 3. AMENDMENT TO THE PUBLIC HEALTH and ‘‘(2) provide education through new tech- SERVICE ACT. ‘‘(2) prepare and submit to the Secretary nologies and methods, including distance- Title VII of the Public Health Service Act an application at such time, in such manner, learning methodologies. (42 U.S.C. 292 et seq.) is amended by adding and containing such information as the Sec- ‘‘(b) PRACTICE PRIORITY AREAS.—The Sec- at the end the following: retary may require. retary may award grants to or enter into ‘‘PART G—ALLIED HEALTH ‘‘SEC. 799C–3. ALLIED HEALTH RECRUITMENT contracts with eligible entities to— PROFESSIONALS GRANT PROGRAM. ‘‘(1) establish or expand allied health prac- ‘‘SEC. 799C. DEFINITIONS. ‘‘(a) PROGRAM AUTHORIZED.—The Secretary tice arrangements in noninstitutional set- ‘‘In this part: shall award grants to eligible entities to in- tings to demonstrate methods to improve ac- ‘‘(1) ALLIED HEALTH EDUCATION PROGRAM.— crease allied health professions education cess to primary health care in rural areas The term ‘allied health education program’ opportunities. and other medically underserved commu- means any postsecondary educational pro- ‘‘(b) ELIGIBLE ENTITY.—To be eligible to re- nities; gram offered by an institution accredited by ceive a grant under subsection (a), an entity ‘‘(2) provide care for underserved popu- an agency or commission recognized by the shall— lations and other high-risk groups such as Department of Education, or leading to a ‘‘(1) be a professional, national, or State al- the elderly, individuals with HIV/AIDS, sub- State certificate or license or any other edu- lied health association, State health care stance abusers, the homeless, and victims of cational program approved by the Secretary. provider, or association of one or more domestic violence; Such term includes colleges, universities, or health care facilities, allied health education ‘‘(3) provide managed care, information schools of allied health and equivalent enti- programs, or other eligible entities that pro- management, quality improvement, and ties that include programs leading to a cer- vides similar services or serves a like func- other skills needed to practice in existing tificate, associate, baccalaureate, or grad- tion; and and emerging organized health care systems; uate level degree in an allied health profes- ‘‘(2) prepare and submit to the Secretary or sion. an application at such time, in such manner, ‘‘(4) develop generational and cultural ‘‘(2) ALLIED HEALTH PROFESSIONS.—The and containing such information as the Sec- competencies among allied health profes- term ‘allied health professions’ includes pro- retary may require. sionals. fessions in the following areas at the certifi- ‘‘(c) USE OF FUNDS.—An entity shall use ‘‘(c) RETENTION PRIORITY AREAS.— cate, associate, baccalaureate, or graduate amounts received under a grant under sub- ‘‘(1) IN GENERAL.—The Secretary may level: section (a) to— award grants to and enter into contracts ‘‘(A) Dental hygiene. ‘‘(1) support outreach programs at elemen- with eligible entities to enhance the allied ‘‘(B) Dietetics or nutrition. tary and secondary schools that inform guid- health professions workforce by initiating ‘‘(C) Emergency medical services. ance counselors and students of education and maintaining allied health retention pro- ‘‘(D) Health information management. opportunities regarding the allied health grams described in paragraph (2) or (3). ‘‘(E) Clinical laboratory sciences and med- professions; ‘‘(2) GRANTS FOR CAREER LADDER PRO- ical technology. ‘‘(2) carry out special projects to increase GRAMS.—The Secretary may award grants to ‘‘(F) Cytotechnology. allied health education opportunities for in- and enter into contracts with eligible enti- ‘‘(G) Occupational therapy. dividuals who are from disadvantaged back- ties for programs— ‘‘(H) Physical therapy. grounds (including racial and ethnic minori- ‘‘(A) to promote career advancement for al- ‘‘(I) Radiologic technology. ties that are underrepresented among the allied health personnel in a variety of training ‘‘(J) Nuclear medical technology. lied health professions) by providing student ‘‘(K) Rehabilitation counseling. settings, cross training or specialty training scholarships or stipends, pre-entry prepara- ‘‘(L) Respiratory therapy. among diverse population groups, and the ‘‘(M) Speech-language pathology and audi- tion, and retention activities; advancement of individuals; and ology. ‘‘(3) provide assistance to public and non- ‘‘(B) to assist individuals in obtaining the ‘‘(N) Any other profession determined ap- profit private educational institutions to education and training required to enter the propriate by the Secretary. support remedial education programs for al- allied health professions and advance within lied health students who require assistance such professions, such as by providing career ‘‘(3) HEALTH CARE FACILITY.—The term ‘health care facility’ means an outpatient with math, science, English, and medical ter- counseling and mentoring. health care facility, hospital, nursing home, minology; ‘‘(3) ENHANCING PATIENT CARE DELIVERY home health care agency, hospice, federally ‘‘(4) meet the costs of child care and trans- SYSTEMS.— qualified health center, nurse managed portation for individuals who are taking part ‘‘(A) GRANTS.—The Secretary may award health center, rural health clinic, public in an allied health education program at any grants to eligible entities to improve the re- health clinic, or any similar health care fa- level; and tention of allied health professionals and to cility or practice that employs allied health ‘‘(5) support community-based partnerships enhance patient care that is directly related professionals. seeking to recruit allied health professionals to allied health activities by enhancing colin rural communities and medically under- laboration and communication among allied ‘‘SEC. 799C–1. PUBLIC SERVICE ANNOUNCE- MENTS. served urban communities, and other com- health professionals and other health care ‘‘The Secretary shall develop and issue munities experiencing an allied health pro- professionals, and by promoting allied health public service announcements that shall— fessions shortage. involvement in the organizational and clin- ‘‘(1) advertise and promote the allied ‘‘SEC. 799C–4. GRANTS FOR HEALTH CAREER ical decision-making processes of a health health professions; ACADEMIES. care facility. ‘‘(2) highlight the advantages and rewards ‘‘(a) IN GENERAL.—The Secretary shall ‘‘(B) PREFERENCE.—In making awards of of the allied health professions; and award grants to eligible entities to assist grants under this paragraph, the Secretary ‘‘(3) encourage individuals from diverse such entities in collaborating to carry out shall give preferences to applicants that communities and backgrounds to enter the programs that form education pipelines to have not previously received an award under allied health professions. facilitate the entry of students of secondary this paragraph and to applicants from rural, ‘‘SEC. 799C–2. STATE AND LOCAL PUBLIC SERVICE educational institutions, especially under- underserved areas. ANNOUNCEMENTS. represented racial and ethnic minorities, ‘‘(C) CONTINUATION OF AN AWARD.—The Sec- ‘‘(a) IN GENERAL.—The Secretary shall into careers in the allied health professions. retary shall make continuation of any award award grants to designated eligible entities ‘‘(b) ELIGIBLE ENTITY.—To be eligible to re- under this paragraph beyond the second year to support State and local advertising cam- ceive a grant under subsection (a), an entity of such award contingent on the recipient of paigns that are conducted through appro- shall— such award having demonstrated to the Sec- priate media outlets (as determined by the ‘‘(1) be an institution that offers allied retary measurable and substantive improve- Secretary) to— health education programs, a health care fa- ment in allied health personnel retention or ‘‘(1) promote the allied health professions; cility, or a secondary educational institu- patient care. ‘‘(2) highlight the advantages and rewards tion; and ‘‘(d) ELIGIBLE ENTITY.—To be eligible to re- of the allied health professions; and ‘‘(2) prepare and submit to the Secretary ceive a grant under this section, an entity ‘‘(3) encourage individuals from disadvan- an application at such time, in such manner, shall— taged communities and backgrounds to enter and containing such information as the Sec- ‘‘(1) be a health care facility, or any part- the allied health professions. retary may require. nership or coalition containing a health care

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2007 CONGRESSIONAL RECORD — SENATE S2029 facility or allied health education program; ‘‘(D) any other earnings of the fund; ‘‘SEC. 799C–8. SCHOLARSHIP PROGRAM FOR and ‘‘(3) provide that the loan fund will be used SERVICE IN RURAL AND OTHER ‘‘(2) prepare and submit to the Secretary only for the provision of loans to faculty of MEDICALLY UNDERSERVED AREAS. an application at such time, in such manner, the allied health education program in ac- ‘‘(a) PROGRAM AUTHORIZED.—The Secretary and containing such information as the Sec- cordance with subsection (c) and for the shall establish a scholarship program (re- retary may require. costs of the collection of such loans and the ferred to in this section as the ‘program’) to interest thereon; provide scholarships to individuals seeking ‘‘SEC. 799C–6. DEVELOPING MODELS AND BEST allied health education who agree to provide PRACTICES PROGRAM. ‘‘(4) provide that loans may be made from service in rural and other medically under- ‘‘(a) AUTHORIZED.—The Secretary shall such fund only to faculty who are pursuing a served areas with allied health personnel award grants to eligible entities to enable full-time course of study or, at the discretion of the Secretary, a part-time course of study shortages. such entities to carry out demonstration ‘‘(b) PREFERENCE.—In awarding scholar- in an advanced degree program; and programs using models and best practices in ships under this section, the Secretary shall ‘‘(5) contain such other provisions deter- allied health for the purpose of developing give preference to— mined appropriate by the Secretary to pro- innovative strategies or approaches for the ‘‘(1) applicants who demonstrate the great- tect the financial interests of the United retention of allied health professionals. est financial need; States. ‘‘(b) ELIGIBLE ENTITY.—To be eligible to re- ‘‘(2) applicants who agree to serve in ‘‘(c) LOAN PROVISIONS.—Loans from any ceive a grant under this section, an entity health care facilities experiencing allied shall— faculty loan fund established pursuant to an agreement under this section shall be made health shortages in rural and other medi- ‘‘(1) be a health care facility, or any part- cally underserved areas; nership or coalition containing a health care to an individual on such terms and conditions as the allied health education program ‘‘(3) applicants who are currently working facility or allied health education program; in a health care facility who agree to serve and may determine, except that— ‘‘(1) such terms and conditions are subject the period of obligated service at such facil- ‘‘(2) prepare and submit to the Secretary ity; an application at such time, in such manner, to any conditions, limitations, and requirements prescribed by the Secretary; ‘‘(4) minority applicants; and and containing such information as the Sec- ‘‘(5) applicants with an interest in a prac- retary may require. ‘‘(2) in the case of any individual, the total of the loans for any academic year made by tice area of allied health that has unmet ‘‘(c) DISTRIBUTION OF GRANTS.—In awarding an allied health education program from needs. grants under this section, the Secretary ‘‘(c) PROGRAM REQUIREMENTS.— shall ensure that grantees represent a vari- loan funds established pursuant to agreements under this section may not exceed ‘‘(1) CONTRACTS.—Under the program, the ety of geographic regions and a range of dif- Secretary shall enter into contracts with eli- ferent types and sizes of facilities, including $30,000, plus any amount determined by the Secretary on an annual basis to reflect infla- gible individuals under which such individ- facilities located in rural, urban, and subur- uals agree to serve as allied health profes- ban areas. tion; ‘‘(3) upon completion by the individual of sionals for a period of not less than 2 years ‘‘(d) USE OF FUNDS.—An entity shall use at a health care facility with a critical amounts received under a grant under this each of the first, second, and third year of full-time employment, as required under the shortage of allied health professionals in section to carry out demonstration programs consideration of the Federal Government of models and best practices in allied health loan agreement, as a faculty member in an allied health education program, the pro- agreeing to provide to the individuals schol- for the purpose of— arships for attendance in an allied health ‘‘(1) promoting retention and satisfaction gram shall cancel 20 percent of the principal and interest due on the amount of the unpaid education program. of allied health professionals; ‘‘(2) ELIGIBLE INDIVIDUALS.—In this sub- ‘‘(2) promoting opportunities for allied portion of the loan on the first day of such employment; section, the term ‘eligible individual’ means health professionals to pursue education, ca- an individual who is enrolled or accepted for reer advancement, and organizational rec- ‘‘(4) upon completion by the individual of the fourth year of full-time employment, as enrollment as a full-time or part-time stu- ognition; and dent in an allied health education program. ‘‘(3) developing continuing education pro- required under the loan agreement, as a faculty member in an allied health education ‘‘(3) SERVICE REQUIREMENT.— grams that instruct allied health profes- ‘‘(A) IN GENERAL.—The Secretary may not sionals in how to use emerging medical tech- program, the program shall cancel 25 percent of the principal and interest due on the enter into a contract with an eligible indi- nologies and how to address current and fu- vidual under this section unless the indi- ture health care needs. amount of the unpaid portion of the loan on the first day of such employment; vidual agrees to serve as an allied health ‘‘(e) AREA HEALTH EDUCATION CENTERS.— ‘‘(5) the loan may be used to pay the cost professional at a health care facility with a The Secretary shall award grants to area critical shortage of allied health profes- health education centers to enable such cen- of tuition, fees, books, laboratory expenses, and other reasonable education expenses; sionals for a period of full-time service of not ters to enter into contracts with allied less than 2 years, or for a period of part-time health education programs to expand the op- ‘‘(6) the loan shall be repayable in equal or graduated periodic installments (with the service in accordance with subparagraph (B). eration of area health education centers to ‘‘(B) PART-TIME SERVICE.—An individual work in communities to develop models of right of the borrower to accelerate repayment) over the 10-year period that begins 9 may complete the period of service described excellence for allied health professionals or in subparagraph (A) on a part-time basis if to expand any junior and senior high school months after the individual ceases to pursue a course of study in an allied health edu- the individual has a written agreement mentoring programs to include an allied that— health professions mentoring program. cation program; and ‘‘(7) such loan shall— ‘‘(i) is entered into by the facility and the ‘‘SEC. 799C–7. ALLIED HEALTH FACULTY LOAN ‘‘(A) beginning on the date that is 3 individual and is approved by the Secretary; PROGRAM. months after the individual ceases to pursue and ‘‘(a) ESTABLISHMENT.—The Secretary, act- a course of study in an allied health edu- ‘‘(ii) provides that the period of obligated ing through the Administrator of the Health cation program, bear interest on the unpaid service will be extended so that the aggre- Resources and Services Administration, may balance of the loan at the rate of 3 percent gate amount of service performed will equal enter into an agreement with any institution per year; or the amount of service that would be per- offering an eligible allied health education ‘‘(B) subject to subsection (e), if the allied formed through a period of full-time service program for the establishment and operation health education program determines that of not less than 2 years. of a faculty loan fund in accordance with ‘‘(d) REPORTS.—Not later than 18 months the individual will not complete such course this section (referred to in this section as the after the date of enactment of this part, and of study or serve as a faculty member as re- ‘loan fund’), to increase the number of quali- annually thereafter, the Secretary shall pre- quired under the loan agreement under this fied allied health faculty. pare and submit to the appropriate commit- subsection, bear interest on the unpaid bal- ‘‘(b) AGREEMENTS.—Each agreement en- tees of Congress a report describing the pro- ance of the loan at the prevailing market tered into under this section shall— gram carried out under this section, includ- rate. ‘‘(1) provide for the establishment of a loan ing statements regarding— ‘‘(d) PAYMENT OF PROPORTIONATE SHARE.— fund by the institution offering the allied Where all or any part of a loan (including in- ‘‘(1) the number of enrollees by specialty or health education program involved; terest thereon) is canceled under this sec- discipline, scholarships, and grant recipi- ‘‘(2) provide for deposit in the loan fund tion, the Secretary shall pay to the allied ents; of— health education program involved an ‘‘(2) the number of graduates; ‘‘(A) the Federal capital contributions to amount equal to the program’s propor- ‘‘(3) the amount of scholarship payments the fund; tionate share of the canceled portion, as de- made; ‘‘(B) an amount provided by the institution termined by the Secretary. ‘‘(4) which educational institution the re- involved which shall be equal to not less ‘‘(e) REVIEW BY SECRETARY.—At the recipients attended; than one-ninth of the amount of the Federal quest of the individual involved, the Sec- ‘‘(5) the number and placement location of capital contribution under subparagraph (A); retary may review any determination by an the scholarship recipients at health care fa- ‘‘(C) any collections of principal and inter- allied health education program under this cilities with a critical shortage of allied est on loans made from the fund; and section. health professionals;

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2030 CONGRESSIONAL RECORD — SENATE February 15, 2007 ‘‘(6) the default rate and actions required; fense, allied health professional associations, yet to prosecute any of the contracting ‘‘(7) the amount of outstanding default and regional centers for health workforce companies or their senior officials for funds of the scholarship program; studies to determine educational pipeline fraud. ‘‘(8) to the extent that it can be deter- and practitioner shortages, and project fu- mined, the reason for the default; ture needs for such a workforce. This legislative reform package establishes new criminal penalties for ‘‘(9) the demographics of the individuals ‘‘SEC. 799C–12. ALLIED HEALTH PROFESSIONS participating in the scholarship program; TRAINING FOR DIVERSITY. war profiteers and cheats who, for ill- and ‘‘The Secretary shall include schools of al- gotten gain, would exploit the chaos of ‘‘(10) an evaluation of the overall costs and lied health among the health professions war. I recently introduced the War benefits of the program. schools that are eligible to receive grants Profiteering Prevention Act of 2007, ‘‘SEC. 799C–9. GRANTS FOR CLINICAL EDU- under this part for the purpose of assisting and I am pleased that Senator DORGAN CATION, INTERNSHIP, AND RESI- such schools in supporting Centers of Excel- has included this legislation in the DENCY PROGRAMS. lence in health professions education for Honest Leadership and Accountability ‘‘(a) PROGRAM AUTHORIZED.—The Secretary under-represented minority individuals. in Contracting Act. shall award grants to eligible entities to de- ‘‘SEC. 799C–13. REPORTS BY GENERAL ACCOUNT- velop clinical education, internship, and ING OFFICE. This legislation also promotes open- residency programs that encourage men- ‘‘Not later than 4 years after the date of ness and fairness in contracting, and it toring and the development of specialties. enactment of this part, the Comptroller Gen- includes safeguards to end cronyism ‘‘(b) ELIGIBLE ENTITIES.—To be eligible for eral of the United States shall conduct an and eliminate conflicts of interest in a grant under this section an entity shall— evaluation of whether the programs carried contracting decisions. It also strength- ‘‘(1) be a partnership of an allied health out under this part have demonstrably in- education program and a health care facil- ens the Federal protections afforded to creased the number of applicants to allied whistleblowers who alert the public to ity; and health education programs and prepare and ‘‘(2) prepare and submit to the Secretary submit to the appropriate committees of contract fraud and misconduct. an application at such time, in such manner, Congress a report concerning the results of We have introduced antiwar profit- and containing such information as the Sec- such evaluation. eering legislation in the past, but the retary may require. ‘‘SEC. 799C–14. AUTHORIZATION OF APPROPRIA- Republican-led Congress has repeatedly ‘‘(c) USE OF FUNDS.—An eligible entity TIONS. refused to pass it. While Congress has shall use amounts received under a grant ‘‘There is authorized to be appropriated to waited to act, we have learned that pri- under this section to— carry out this part, such sums as may be ‘‘(1) develop clinical education, internship, vate contractors have stolen and de- necessary for each of fiscal years 2008 frauded, by some estimates, hundreds and residency programs and curriculum and through 2013.’’. training programs for graduates of an allied of millions of dollars from money that health education program; By Mr. DORGAN (for himself, Mr. should have supported our troops in ‘‘(2) provide support for faculty and men- Iraq and Afghanistan. The time to stop tors; and BAYH, Mr. BINGAMAN, Mrs. BOXER, Mr. BROWN, Mrs. CLIN- these shameful acts is now, and Con- ‘‘(3) provide support for allied health progress should act swiftly to enact this fessionals participating in clinical edu- TON, Mr. CONRAD, Mr. DURBIN, cation, internship, and residency programs Mr. FEINGOLD, Mrs. FEINSTEIN, vital legislation. on both a full-time and part-time basis. Mr. HARKIN, Mr. KENNEDY, Mr. I will continue my efforts on this ‘‘SEC. 799C–10. GRANTS FOR PARTNERSHIPS. KERRY, Ms. LANDRIEU, Mr. LAU- issue as chairman of the Judiciary ‘‘(a) IN GENERAL.—The Secretary shall TENBERG, Mr. LEAHY, Mr. Committee. In particular, I plan to award grants to eligible entities to enable MENENDEZ, Ms. MIKULSKI, Mr. hold a hearing next month on the war such entities to form partnerships to carry NELSON of Florida, Mr. OBAMA, profiteering bill. out the activities described in this section. Mr. PRYOR, Mr. REID, and Mr. Every penny of our taxpayers’ money ‘‘(b) ELIGIBLE ENTITY.—To be eligible to re- WYDEN): must be protected from waste, and Fed- ceive a grant under this section, and entity eral contracts—which are paid for with shall— S. 606. A bill to improve Federal con- ‘‘(1) be a partnership between an allied tracting and procurement by elimi- taxpayer funds—should be open and health education program and a health care nating fraud and abuse and improving transparent. This is an accountability facility; and competition in contracting and pro- bill, and taxpayers deserve this to be ‘‘(2) prepare and submit to the Secretary curement and by enhancing adminis- one of our highest priorities. an application at such time, in such manner, tration of Federal contracting per- and containing such information as the Sec- sonnel, and for other purposes; to the By Mrs. FEINSTEIN (for herself, retary may require. Committee on Homeland Security and Mr. CORNYN, Mrs. BOXER, Mrs. ‘‘(c) USE OF FUNDS.—An eligible entity HUTCHISON, Mr. LAUTENBERG, shall use amounts received under a grant Governmental Affairs. under this section to— Mr. LEAHY. I am proud to cosponsor Mr. SCHUMER, Mrs. CLINTON, ‘‘(1) provide employees of the health care this bill, which will create new and bet- Mr. MENENDEZ, and Mr. OBAMA): facility that is a member of the partnership ter tools to combat fraud, waste, and S. 608. A bill to improve the alloca- involved advanced training and education in abuse in government contracting. I tion of grants through the Department a allied health education program; commend our chief sponsor, Senator of Homeland Security, and for other ‘‘(2) establish or expand allied health prac- BYRON DORGAN, for his leadership on purposes; to the Committee on Home- tice arrangements in non-institutional set- this. land Security and Governmental Af- tings to demonstrate methods to improve ac- fairs. cess to health care in rural and other medi- Waste, fraud, and abuse in the name cally underserved communities; of defense is destructive and offensive, Mrs. FEINSTEIN. Mr. President, I ‘‘(3) purchase distance learning technology and it should never be tolerated. It rise today to introduce legislation that to extend general education and training saps critical resources needed by our ensures our Nation’s homeland secu- programs to rural areas, and to extend spe- troops, and it plays the taxpayers for rity grant resources are allocated in cialty education and training programs to fools, all the while hiding under the the most effective manner possible. I all areas; and cover of national defense. am pleased to be joined by my col- ‘‘(4) establish or expand mentoring, clin- league from Texas, Senator JOHN COR- ical education, and internship programs for Within the last few weeks, the Spe- training in specialty care areas. cial Inspector General for Iraq Recon- NYN, as well as Senators BOXER, HUTCHISON, LAUTENBERG, SCHUMER, ‘‘SEC. 799C–11. ALLIED HEALTH PROFESSIONS struction has reported that the prob- TRAINING FOR DIVERSITY. lems of waste, fraud, and abuse con- CLINTON, MENENDEZ, and OBAMA. ‘‘The Secretary, acting in conjunction with tinue to plague our reconstruction ef- Simply put, the current system for allied health professional associations, shall forts in Iraq, and billions of dollars are allocating homeland security grants to develop a system for collecting and ana- unaccounted for, and possibly lost, to States is fundamentally flawed. Pro- lyzing allied health workforce data gathered fraud and waste. So far, the Inspector portionate funding is not allotted to by the Bureau of Labor Statistics, the General has initiated more than 100 in- regions which face the highest risk of a Health Resources and Services Administra- tion, other entities within the Department of vestigations into this fraud and abuse, terrorist attack, and adequate assess- Health and Human Services, the Department but to date the Department of Justice ment of threats is not calculated. of Veterans Affairs, the Centers for Medicare has prosecuted just a few individuals The ‘‘Risk-Based Homeland Security & Medicaid Services, the Department of De- for wrongdoing. The Department has Grants Act of 2007’’ addresses these

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2007 CONGRESSIONAL RECORD — SENATE S2031 concerns with a common-sense ap- The 9/11 Commission report said: ceived $11.55 per capita, and Wyoming, proach that responsibly directs tax- ‘‘Homeland security assistance should $18.06 per capita. payer dollars to protect our Nation’s be based strictly on an assessment of I recognize the environment in which vital interests. risks and vulnerabilities.’’ we are operating, and understand this The methodology is straightforward Four years ago, President Bush bill is not a panacea. This bill is a first and spelled out in the language at the signed Homeland Security Presidential step towards reducing the threat of ter- beginning of the bill: Directive 8, which required the Depart- rorist attacks. The Secretary of Homeland Security shall ment of Homeland Security to allocate Congress should not act alone. The ensure that homeland security grants are al- grant funding ‘‘based on national prior- Department of Homeland Security located based on an assessment of threat, ities.’’ must embrace the concept of risk- vulnerability, and consequence to the max- In April 2005, Representatives Cox based allocation of resources. And it imum extent practicable. and TURNER, the Chair and Ranking must act on these principles. Slow This direction would apply to the Member of the House Homeland Secu- progress has been made, but the De- four major first-responder grant pro- rity Committee at the time, offered partment’s intelligence analysis and grams administered by the Department similar legislation to reform the grant vulnerability assessment capabilities of Homeland Security: the State Home- process by reducing State minimums must be improved. land Security Grant Program; the and allocating funds based upon risk We can do better. We must put aside Urban Area Security Initiative; the assessments. pork-barrel politics and take action to Law Enforcement Terrorism Preven- That effort, the ‘‘Faster and Smarter protect all Americans. The security of tion Program; and the Citizens Corps Funding for First Responders Act of our Nation hangs in the balance and we Program. 2005,’’ passed the House of Representa- cannot afford to wait until it is too The primary objective of the legisla- tives as part of the Intelligence Reform late. tion is accomplished by reducing the bill, but was dropped in conference. This bill was conceived and put forth amount of funding that each State is This bill is based on the House efforts, in the spirit of bipartisanship. I hope guaranteed. Current practice requires a and closely tracks the previous bill. that Senators LIEBERMAN and COLLINS ‘‘small state minimum,’’ giving each Again, the House has acted, passing will accept this legislation, which is a State at least 0.75 percent of much of legislation last month, by an over- reasoned alternative to their approach the grant funding. whelming vote of 299–128, to implement and a starting point for continued dis- The result is that roughly 38 percent the recommendations of the 9/11 Com- cussion. of the funds are marked for distribu- mittee. A key component is the risk- I ask my colleagues to join me in tion before any substantive risk anal- based allocation of homeland security supporting this simple, straightforward ysis has been performed. That sends resources. approach to effectively distribute our disproportionate money to low-risk, This bill, though updated to reflect Nation’s resources and make America rural areas and territories. recent changes at the Department of secure. For most, this outcome is not accept- Homeland Security, marks the con- I ask unanimous consent that the able. Funding to bolster the security of tinuation of a legislation effort we text of the bill be printed in the our country should go to where the began last session, with the FORWARD RECORD. There being no objection, the bill was threat is greatest—such as seaports, Funding Act. That bill was unsuccess- ordered to be printed in the RECORD, as airports, and national landmarks. ful. Hopefully, this time will be dif- follows: This bill lowers the ‘‘small state min- ferent. imum’’ to 0.25 percent per State. A In the post-Cold War world, America S. 608 Homeland Security Grants Board, com- needs the flexibility to defend against Be it enacted by the Senate and House of Rep- prised of seven top Department of resentatives of the United States of America in a different type of enemy. The amor- Congress assembled, Homeland Security officials, including phous nature of the threat and likeli- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. the Secretary of Homeland Security hood of asymmetric attacks demands a (a) SHORT TITLE.—This Act may be cited as and the Undersecretary of Information robust approach. the ‘‘Risk-Based Homeland Security Grants Analysis and Infrastructure Protec- But our resources are limited, and Act of 2007’’. tion, is established to rank grant appli- difficult choices must be made. (b) TABLE OF CONTENTS.—The table of con- cations based upon risk. Three factors We will never know exactly how, tents for this Act is as follows: guide this evaluation: threat, vulner- when or where the next major attack Sec. 1. Short title; table of contents. ability, and consequence. may occur. But we can refine our risk- Sec. 2. Risk-based funding for homeland security. The current system, by contrast, al- assessment capabilities, and make ob- Sec. 3. Essential capabilities, task forces, locates a significant amount of funding jective analyses and predictions. It fol- and standards. to states based upon their population. lows that our resources should be di- Sec. 4. Effective administration of homeland To ensure that grant funds are prop- rected based upon our best estimate of security grants. erly accounted for, and utilized within where the next strike might take Sec. 5. Implementation and definitions. an integrated framework to enhance SEC. 2. RISK-BASED FUNDING FOR HOMELAND place. SECURITY. domestic security, grants must be de- Two guiding principles—the ability (a) RISK-BASED FUNDING IN GENERAL.—The signed to meet ‘‘essential’’ capabilities. to predict future attacks, coupled with Homeland Security Act of 2002 (Public Law ‘‘Essential capabilities’’ refers to the the necessity of utilizing finite re- 107–296; 6 U.S.C. 361 et seq.) is amended by ability of regions to address risks by sources effectively—form the backbone adding at the end the following: reducing vulnerability to attacks and of a comprehensive strategy to make ‘‘TITLE XX—RISK-BASED FUNDING FOR diminishing the consequences of such our Nation more secure. HOMELAND SECURITY attacks by effective response. The approach is three-pronged: risks ‘‘SEC. 2001. RISK-BASED FUNDING FOR HOME- This legislation assures that States of potential terrorist attacks must be LAND SECURITY. must demonstrate that they have a de- accurately assessed; the vulnerability ‘‘(a) RISK-BASED FUNDING.—The Secretary shall ensure that homeland security grants tailed, prioritized plan for emergency of critical infrastructure and potential are allocated based on an assessment of preparedness and resource allocation, targets must be measured; and, re- threat, vulnerability, and consequence to the so that Federal funds are assigned to sources should be dispersed based upon maximum extent practicable. the most effective uses. these assessments. ‘‘(b) COVERED GRANTS.—This title applies States must then quickly distribute The Department of Homeland Secu- to grants provided by the Department to the Federal funds to regions and local- rity was created to accomplish these States, regions, or directly eligible tribes for ities. goals. Yet we find again and again that the primary purpose of improving the ability The notion of risk-based allocation of scarce resources are allocated based on of first responders to prevent, prepare for, respond to, or mitigate threatened or actual homeland security grants is not novel. factors unrelated to real security. terrorist attacks, especially those involving This is a bipartisan approach advo- For example, last year California’s weapons of mass destruction, and grants pro- cated by both the Bush Administration Urban Area Security Initiative grants vided by the Department for improving and the 9/11 Commission. totaled only $6.81 per capita. Hawaii re- homeland security, including the following:

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‘‘(1) STATE HOMELAND SECURITY GRANT PRO- ‘‘(B) EXISTING URBAN AREA SECURITY INITIA- retary shall award covered grants pursuant GRAM.—The State Homeland Security Grant TIVE AREAS.—Notwithstanding subpara- to all approved applications for such fiscal Program of the Department, or any suc- graphs (B) and (C) of section 2007(10), a geo- year as soon as practicable, but not later cessor to such grant program. graphic area that, on or before the date of than March 1 of such year. ‘‘(2) URBAN AREA SECURITY INITIATIVE.—The enactment of the Risk-Based Homeland Se- ‘‘(3) AVAILABILITY OF FUNDS.—All funds Urban Area Security Initiative of the De- curity Grants Act of 2007, was designated as awarded by the Secretary under covered partment, or any successor to such grant a high-threat urban area for purposes of the grants in a fiscal year shall be available for program. Urban Area Security Initiative, shall be cer- obligation through the end of the second sub- ‘‘(3) LAW ENFORCEMENT TERRORISM PREVEN- tified by the Secretary as a region unless the sequent fiscal year. TION PROGRAM.—The Law Enforcement Ter- Secretary determines, based on an assess- ‘‘(4) MINIMUM CONTENTS OF APPLICATION.— rorism Prevention Program of the Depart- ment of threat, vulnerability, and con- The Secretary shall require that each appli- ment, or any successor to such grant pro- sequence, that certifying the geographic area cant include in its application, at a min- gram. as a region is not in the interest of national imum— ‘‘(4) CITIZEN CORPS PROGRAM.—The Citizen homeland security. ‘‘(A) the purpose for which the applicant Corps Program of the Department, or any ‘‘(b) GRANT CRITERIA.—In awarding covered seeks covered grant funds and the reasons successor to such grant program. grants, the Secretary shall assist States, why the applicant needs the covered grant to ‘‘(c) EXCLUDED PROGRAMS.—This title does local governments, and operators of airports, meet the essential capabilities for terrorism not apply to or otherwise affect the fol- ports, or similar facilities in achieving, preparedness within the State, region, or di- lowing Federal grant programs or any grant maintaining, and enhancing the essential ca- rectly eligible tribe or at the airport, port, under such a program: pabilities established by the Secretary under or similar facility to which the application ‘‘(1) NONDEPARTMENT PROGRAMS.—Any Fed- section 2003. pertains; eral grant program that is not administered ‘‘(c) STATE HOMELAND SECURITY PLANS.— ‘‘(B) a description of how, by reference to by the Department. ‘‘(1) SUBMISSION OF PLANS.—The Secretary the applicable State homeland security plan ‘‘(2) FIRE GRANT PROGRAMS.—The fire grant shall require that any State applying to the or plans under subsection (c), the allocation programs authorized by sections 33 and 34 of Secretary for a covered grant shall submit to of grant funding proposed in the application, the Federal Fire Prevention and Control Act the Secretary a 3-year State homeland secu- including, where applicable, the amount not of 1974 (15 U.S.C. 2229, 2229a). rity plan that— passed through under section 2006(g)(1), ‘‘(3) EMERGENCY MANAGEMENT PLANNING ‘‘(A) demonstrates the extent to which the would assist in fulfilling the essential capa- AND ASSISTANCE ACCOUNT GRANTS.—The State has achieved the essential capabilities bilities specified in such plan or plans; Emergency Management Performance Grant that apply to the State; ‘‘(C) a statement of whether a mutual aid program and the Urban Search and Rescue ‘‘(B) demonstrates the needs of the State agreement applies to the use of all or any Grants program authorized by title VI of the necessary to achieve, maintain, or enhance portion of the covered grant funds; Robert T. Stafford Disaster Relief and Emer- the essential capabilities that apply to the ‘‘(D) if the applicant is a State, a descrip- gency Assistance Act (42 U.S.C. 5195 et seq.), State; tion of how the State plans to allocate the the Departments of Veterans Affairs and ‘‘(C) includes a prioritization of such needs covered grant funds to regions, local govern- Housing and Urban Development, and Inde- based on threat, vulnerability, and con- ments, and Indian tribes; pendent Agencies Appropriations Act, 2000 sequence assessment factors applicable to ‘‘(E) if the applicant is a region— (113 Stat. 1047 et seq.), and the Earthquake the State; ‘‘(i) a precise geographical description of Hazards Reduction Act of 1977 (42 U.S.C. 7701 ‘‘(D) describes how the State intends— the region and a specification of all partici- et seq.). ‘‘(i) to address such needs at the city, pating and nonparticipating local govern- ‘‘(d) EFFECT ON COVERED GRANTS.—Nothing county, regional, tribal, State, and inter- ments within the geographical area com- in this Act shall be construed to require the state level, including a precise description of prising that region; elimination of a covered grant program.’’. any regional structure the State has estab- ‘‘(ii) a specification of what governmental (b) COVERED GRANT ELIGIBILITY AND CRI- lished for the purpose of organizing home- entity within the region will administer the TERIA.—The Homeland Security Act of 2002 land security preparedness activities funded expenditure of funds under the covered (Public Law 107–296; 6 U.S.C. 361 et seq.), as by covered grants; grant; amended by subsection (a), is amended by ‘‘(ii) to use all Federal, State, and local re- ‘‘(iii) a designation of a specific individual adding at the end the following: sources available for the purpose of address- to serve as regional liaison; and ‘‘SEC. 2002. COVERED GRANT ELIGIBILITY AND ing such needs; and ‘‘(iv) a description of how the govern- CRITERIA. ‘‘(iii) to give particular emphasis to re- mental entity administering the expenditure ‘‘(a) GRANT ELIGIBILITY.— gional planning and cooperation, including of funds under the covered grant plans to al- ‘‘(1) IN GENERAL.— the activities of multijurisdictional planning locate the covered grant funds to States, ‘‘(A) GENERAL ELIGIBILITY.—Except as pro- agencies governed by local officials, both local governments, and Indian tribes; vided in subparagraphs (B) and (C), any within its jurisdictional borders and with ‘‘(F) a capital budget showing how the ap- State, region, or directly eligible tribe shall neighboring States; plicant intends to allocate and expend the be eligible to apply for a covered grant. ‘‘(E) is developed in consultation with and covered grant funds; and ‘‘(B) URBAN AREA SECURITY INITIATIVE.— subject to appropriate comment by local ‘‘(G) if the applicant is a directly eligible Only a region shall be eligible to apply for a governments within the State; and tribe, a designation of a specific individual grant under the Urban Area Security Initia- ‘‘(F) with respect to the emergency pre- to serve as the tribal liaison. tive of the Department, or any successor to paredness of first responders, addresses the ‘‘(5) REGIONAL APPLICATIONS.— such grant program. unique aspects of terrorism as part of a com- ‘‘(A) RELATIONSHIP TO STATE APPLICA- ‘‘(C) STATE HOMELAND SECURITY GRANT PRO- prehensive State emergency management TIONS.—A regional application— GRAM.—Only a State shall be eligible to plan. ‘‘(i) shall be coordinated with an applica- apply for a grant under the State Homeland ‘‘(2) APPROVAL BY SECRETARY.—The Sec- tion submitted by the State or States of Security Grant Program of the Department, retary may not award any covered grant to which such region is a part; or any successor to such grant program. a State unless the Secretary has approved ‘‘(ii) shall supplement and avoid duplica- ‘‘(2) OTHER GRANT APPLICANTS.— the applicable State homeland security plan. tion with such State application; and ‘‘(A) IN GENERAL.—Grants provided by the ‘‘(d) CONSISTENCY WITH STATE PLANS.—The ‘‘(iii) shall address the unique regional as- Department for improving homeland secu- Secretary shall ensure that each covered pects of such region’s terrorism preparedness rity, including to seaports, airports, and grant is used to supplement and support, in needs beyond those provided for in the appli- other transportation facilities, shall be allo- a consistent and coordinated manner, the ap- cation of such State or States. cated as described in section 2001(a). plicable State homeland security plan or ‘‘(B) STATE REVIEW AND SUBMISSION.—To ‘‘(B) CONSIDERATION.—Such grants shall be plans. ensure the consistency required under sub- considered, to the extent determined appro- ‘‘(e) APPLICATION FOR GRANT.— section (d) and the coordination required priate by the Secretary, pursuant to the pro- ‘‘(1) IN GENERAL.—Except as otherwise pro- under subparagraph (A) of this paragraph, an cedures and criteria established in this title, vided in this subsection, any State, region, applicant that is a region shall submit its except that the eligibility requirements of directly eligible tribe, or operator of an air- application to each State of which any part paragraph (1) shall not apply. port, port, or similar facility may apply for is included in the region for review and con- ‘‘(3) CERTIFICATION OF REGIONS.— a covered grant by submitting to the Sec- currence before the submission of such appli- ‘‘(A) IN GENERAL.—The Secretary shall cer- retary an application at such time, in such cation to the Secretary. The regional appli- tify a geographic area as a region if— manner, and containing such information as cation shall be transmitted to the Secretary ‘‘(i) the geographic area meets the criteria is required under this subsection, or as the through each such State within 30 days after under section 2007(10)(B) and (C); and Secretary may reasonably require. receipt of the application by that State, un- ‘‘(ii) the Secretary determines, based on an ‘‘(2) DEADLINES FOR APPLICATIONS AND less the Governor of such a State notifies the assessment of threat, vulnerability, and con- AWARDS.—All applications for covered grants Secretary, in writing, that such regional ap- sequence, that certifying the geographic area shall be submitted at such time as the Sec- plication is inconsistent with the State’s as a region under this title is in the interest retary may reasonably require for the fiscal homeland security plan and provides an ex- of national homeland security. year for which they are submitted. The Sec- planation of the reasons therefor.

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‘‘(C) DISTRIBUTION OF REGIONAL AWARDS.—If to improve the tribe’s access to covered ‘‘(ii) OTHER ENTITIES.—Notwithstanding the Secretary approves a regional applica- grants; and clause (i), the Board shall ensure that, for tion, then the Secretary shall distribute a ‘‘(ii) administer, in consultation with each fiscal year, American Samoa, the Com- regional award to the State or States sub- State, local, regional, and private officials, monwealth of the Northern Mariana Islands, mitting the applicable regional application covered grants awarded to such tribe. Guam, and the Virgin Islands each receive under subparagraph (B), and each such State ‘‘(E) LIMITATION ON THE NUMBER OF DIRECT 0.08 percent of the funds available for the shall, not later than the end of the 45-day pe- GRANTS.—The Secretary may make covered State Homeland Security Grant Program, as riod beginning on the date after receiving a grants directly to not more than 20 directly described in section 2001(b)(1), for that fiscal regional award, pass through to the region eligible tribes per fiscal year. year for purposes of implementing its home- all covered grant funds or resources pur- ‘‘(F) TRIBES NOT RECEIVING DIRECT land security plan in accordance with the chased with such funds, except those funds GRANTS.—An Indian tribe that does not re- prioritization of additional needs under sub- necessary for the State to carry out its receive a grant directly under this section is section (c)(1)(C). sponsibilities with respect to such regional eligible to receive funds under a covered ‘‘(4) FUNCTIONS OF UNDER SECRETARIES.— application; Provided That, in no such case grant from the State or States within the The Under Secretaries referred to in para- shall the State or States pass through to the boundaries of which any part of such tribe is graph (1) shall seek to ensure that the rel- region less than 80 percent of the regional located, consistent with the homeland secu- evant expertise and input of the staff of their award. rity plan of the State as described in sub- directorates are available to and considered ‘‘(D) CERTIFICATIONS REGARDING DISTRIBU- section (c). If a State fails to comply with by the Board.’’. TION OF GRANT FUNDS TO REGIONS.—Any State section 2006(g)(1), the tribe may request pay- SEC. 3. ESSENTIAL CAPABILITIES, TASK FORCES, that receives a regional award under sub- ment under section 2006(h)(3) in the same AND STANDARDS. paragraph (C) shall certify to the Secretary, manner as a local government. The Homeland Security Act of 2002 (Public by not later than 30 days after the expiration ‘‘(7) EQUIPMENT STANDARDS.—If an appli- Law 107–296; 6 U.S.C. 361 et seq.), as amended of the period described in subparagraph (C) cant for a covered grant proposes to upgrade by section 2, is amended by adding at the end with respect to the grant, that the State has or purchase, with assistance provided under the following: made available to the region the required the grant, new equipment or systems that do ‘‘SEC. 2003. ESSENTIAL CAPABILITIES FOR HOME- funds and resources in accordance with sub- not meet or exceed any applicable national LAND SECURITY. paragraph (C). voluntary consensus standards established ‘‘(a) ESTABLISHMENT OF ESSENTIAL CAPA- ‘‘(E) DIRECT PAYMENTS TO REGIONS.—If any by the Secretary under section 2005(a), the BILITIES.— State fails to pass through a regional award applicant shall include in the application an ‘‘(1) IN GENERAL.—For purposes of covered to a region as required by subparagraph (C) explanation of why such equipment or sys- grants, the Secretary shall establish clearly within 45 days after receiving such award tems will serve the needs of the applicant defined essential capabilities for State and and does not request or receive an extension better than equipment or systems that meet local government preparedness for terrorism, of such period under section 2006(h)(2), the or exceed such standards. in consultation with— region may petition the Secretary to receive ‘‘(f) HOMELAND SECURITY GRANTS BOARD.— ‘‘(A) the Task Force on Essential Capabili- directly the portion of the regional award ‘‘(1) ESTABLISHMENT OF BOARD.—The Sec- ties established under section 2004; that is required to be passed through to such retary shall establish a Homeland Security ‘‘(B) the Under Secretaries for Emergency region under subparagraph (C). Grants Board, consisting of— Preparedness and Response, Border and ‘‘(F) REGIONAL LIAISONS.—A regional liai- ‘‘(A) the Secretary; Transportation Security, Information Anal- son designated under paragraph (4)(E)(iii) ‘‘(B) the Deputy Secretary of Homeland Se- ysis and Infrastructure Protection, and shall— curity; Science and Technology, and the Director of ‘‘(i) coordinate with Federal, State, local, ‘‘(C) the Under Secretary for Emergency the Office of State and Local Government regional, and private officials within the re- Preparedness and Response; Coordination; gion concerning terrorism preparedness; ‘‘(D) the Under Secretary for Border and ‘‘(C) the Secretary of Health and Human ‘‘(ii) develop a process for receiving input Transportation Security; Services; from Federal, State, local, regional, and pri- ‘‘(E) the Under Secretary for Information ‘‘(D) other appropriate Federal agencies; vate sector officials within the region to as- Analysis and Infrastructure Protection; ‘‘(E) State and local first responder agen- sist in the development of the regional appli- ‘‘(F) the Under Secretary for Science and cies and officials; and cation and to improve the region’s access to Technology; and ‘‘(F) consensus-based standard making or- covered grants; and ‘‘(G) the Director of the Office of State and ganizations responsible for setting standards ‘‘(iii) administer, in consultation with Local Government Coordination. relevant to the first responder community. State, local, regional, and private officials ‘‘(2) CHAIRMAN.— ‘‘(2) DEADLINES.—The Secretary shall— within the region, covered grants awarded to ‘‘(A) IN GENERAL.—The Secretary shall be ‘‘(A) establish essential capabilities under the region. the Chairman of the Board. paragraph (1) within 30 days after receipt of ‘‘(6) TRIBAL APPLICATIONS.— ‘‘(B) EXERCISE OF AUTHORITIES BY DEPUTY the report under section 2004(b); and ‘‘(A) SUBMISSION TO THE STATE OR STATES.— SECRETARY.—The Deputy Secretary of Home- ‘‘(B) regularly update such essential capa- To ensure the consistency required under land Security may exercise the authorities bilities as necessary, but not less than every subsection (d), an applicant that is a directly of the Chairman, if the Secretary so directs. 3 years. eligible tribe shall submit its application to ‘‘(3) RISK-BASED RANKING OF GRANT APPLI- ‘‘(3) PROVISION OF ESSENTIAL CAPABILI- each State within the boundaries of which CATIONS.— TIES.—The Secretary shall ensure that a de- any part of such tribe is located for direct ‘‘(A) PRIORITIZATION OF GRANTS.—The tailed description of the essential capabili- submission to the Department along with Board— ties established under paragraph (1) is pro- the application of such State or States. ‘‘(i) shall evaluate and annually prioritize vided promptly to the States and to Con- ‘‘(B) OPPORTUNITY FOR STATE COMMENT.— all pending applications for covered grants gress. The States shall make the essential Before awarding any covered grant to a di- based upon the degree to which they would, capabilities available as necessary and ap- rectly eligible tribe, the Secretary shall pro- by achieving, maintaining, or enhancing the propriate to local governments and operators vide an opportunity to each State within the essential capabilities of the applicants on a of airports, ports, and other similar facilities boundaries of which any part of such tribe is nationwide basis, lessen the threat to, vul- within their jurisdictions. located to comment to the Secretary on the nerability of, and consequences for persons ‘‘(b) OBJECTIVES.—The Secretary shall en- consistency of the tribe’s application with and critical infrastructure; and sure that essential capabilities established the State’s homeland security plan. Any ‘‘(ii) in evaluating the threat to persons under subsection (a)(1) meet the following such comments shall be submitted to the and critical infrastructure for purposes of objectives: Secretary concurrently with the submission prioritizing covered grants, shall give great- ‘‘(1) SPECIFICITY.—The determination of es- of the State and tribal applications. er weight to threats of terrorism based on sential capabilities specifically shall de- ‘‘(C) FINAL AUTHORITY.—The Secretary their specificity and credibility, including scribe the training, planning, personnel, and shall have final authority to determine the any pattern of repetition. equipment that different types of commu- consistency of any application of a directly ‘‘(B) MINIMUM AMOUNTS.— nities in the Nation should possess, or to eligible tribe with the applicable State ‘‘(i) IN GENERAL.—After evaluating and which they should have access, in order to homeland security plan or plans, and to ap- prioritizing grant applications under sub- meet the Department’s goals for terrorism prove any application of such tribe. The Sec- paragraph (A), the Board shall ensure that, preparedness based upon— retary shall notify each State within the for each fiscal year, each State that has an ‘‘(A) the most current risk assessment boundaries of which any part of such tribe is approved State homeland security plan re- available by the Directorate for Information located of the approval of an application by ceives no less than 0.25 percent of the funds Analysis and Infrastructure Protection of such tribe. available for the State Homeland Security the threats of terrorism against the United ‘‘(D) TRIBAL LIAISON.—A tribal liaison des- Grant Program, as described in section States; ignated under paragraph (4)(G) shall— 2001(b)(1), for that fiscal year for purposes of ‘‘(B) the types of threats, vulnerabilities, ‘‘(i) coordinate with Federal, State, and implementing its homeland security plan in geography, size, and other factors that the private sector officials to assist in the devel- accordance with the prioritization of addi- Secretary has determined to be applicable to opment of the application of such tribe and tional needs under subsection (c)(1)(C). each different type of community; and

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TASK FORCE ON ESSENTIAL CAPA- logical, radiological, and nuclear terrorism, and mutual aid among State and local gov- BILITIES. and experts in providing mental health care ernments. ‘‘(a) ESTABLISHMENT.—To assist the Sec- during emergency response operations; ‘‘(2) FLEXIBILITY.—The establishment of es- retary in establishing essential capabilities ‘‘(C) experts from Federal, State, and local sential capabilities shall be sufficiently under section 2003(a)(1), the Secretary shall governments, and the private sector, rep- flexible to allow State and local government establish an advisory body pursuant to sec- resenting standards-setting organizations, tion 871(a) not later than 60 days after the officials to set priorities based on particular including representation from the voluntary date of the enactment of this section, which needs, while reaching nationally determined consensus codes and standards development shall be known as the Task Force on Essen- community, particularly those with exper- terrorism preparedness levels within a speci- tial Capabilities. fied time period. tise in first responder disciplines; and ‘‘(b) REPORT.— ‘‘(D) State and local officials with exper- ‘‘(3) MEASURABILITY.—The establishment of ‘‘(1) IN GENERAL.—The Task Force shall essential capabilities shall be designed to en- tise in terrorism preparedness, subject to the submit to the Secretary, not later than 9 condition that if any such official is an elect- able measurement of progress toward spe- months after its establishment by the Sec- ed official representing 1 of the 2 major po- cific terrorism preparedness goals. retary under subsection (a) and every 3 years litical parties, an equal number of elected of- ‘‘(4) COMPREHENSIVENESS.—The determina- thereafter, a report on its recommendations ficials shall be selected from each such tion of essential capabilities for terrorism for essential capabilities for preparedness for party. preparedness shall be made within the con- terrorism. ‘‘(2) COORDINATION WITH THE DEPARTMENT ‘‘(2) CONTENTS.—The report shall— text of a comprehensive State emergency OF HEALTH AND HUMAN SERVICES.—In the se- management system. ‘‘(A) include a priority ranking of essential lection of members of the Task Force who capabilities in order to provide guidance to ‘‘(c) FACTORS TO BE CONSIDERED.— are health professionals, including emer- the Secretary and to Congress on deter- ‘‘(1) IN GENERAL.—In establishing essential gency medical professionals, the Secretary mining the appropriate allocation of, and capabilities under subsection (a)(1), the Sec- shall coordinate the selection with the Sec- funding levels for, first responder needs; retary specifically shall consider the vari- retary of Health and Human Services. ‘‘(B) set forth a methodology by which any ‘‘(3) EX OFFICIO MEMBERS.—The Secretary ables of threat, vulnerability, and con- State or local government will be able to de- sequences with respect to the Nation’s popu- and the Secretary of Health and Human termine the extent to which it possesses or Services shall each designate 1 or more offi- lation (including transient commuting and has access to the essential capabilities that tourist populations) and critical infrastruc- cers of their respective Departments to serve States and local governments having similar as ex officio members of the Task Force. One ture. Such consideration shall be based upon risks should obtain; the most current risk assessment available of the ex officio members from the Depart- ‘‘(C) describe the availability of national ment of Homeland Security shall be the des- by the Directorate for Information Analysis voluntary consensus standards, and whether and Infrastructure Protection of the threats ignated officer of the Federal Government there is a need for new national voluntary for purposes of subsection (e) of section 10 of of terrorism against the United States. consensus standards, with respect to first re- the Federal Advisory Committee Act (5 App. ‘‘(2) CRITICAL INFRASTRUCTURE SECTORS.— sponder training and equipment; U.S.C.). The Secretary specifically shall consider ‘‘(D) include such additional matters as the ‘‘(d) APPLICABILITY OF FEDERAL ADVISORY threats of terrorism against the following Secretary may specify in order to further the COMMITTEE ACT.—Notwithstanding section critical infrastructure sectors in all areas of terrorism preparedness capabilities of first 871(a), the Federal Advisory Committee Act the Nation, urban and rural: responders; and (5 U.S.C. App.), including subsections (a), (b), ‘‘(A) Agriculture. ‘‘(E) include such revisions to the contents and (d) of section 10 of such Act, and section ‘‘(B) Banking and finance. of past reports as are necessary to take into 552b(c) of title 5, United States Code, shall ‘‘(C) Chemical industries. account changes in the most current risk as- apply to the Task Force. ‘‘(D) The defense industrial base. sessment available by the Directorate for In- ‘‘SEC. 2005. NATIONAL STANDARDS FOR FIRST RE- ‘‘(E) Emergency services. formation Analysis and Infrastructure Pro- SPONDER EQUIPMENT AND TRAIN- ‘‘(F) Energy. tection or other relevant information as de- ING. ‘‘(G) Food. termined by the Secretary. ‘‘(a) EQUIPMENT STANDARDS.— ‘‘(H) Government. ‘‘(3) CONSISTENCY WITH FEDERAL WORKING ‘‘(1) IN GENERAL.—The Secretary, in con- ‘‘(I) Postal and shipping. GROUP.—The Task Force shall ensure that its sultation with the Under Secretaries for ‘‘(J) Public health. recommendations for essential capabilities Emergency Preparedness and Response and ‘‘(K) Information and telecommunications are, to the extent feasible, consistent with Science and Technology and the Director of networks. any preparedness goals or recommendations the Office of State and Local Government ‘‘(L) Transportation. of the Federal working group established Coordination, shall, not later than 6 months ‘‘(M) Water. under section 319F(a) of the Public Health after the date of enactment of this section, The order in which the critical infrastruc- Service Act (42 U.S.C. 247d–6(a)). support the development of, promulgate, and ture sectors are listed in this paragraph shall ‘‘(4) COMPREHENSIVENESS.—The Task Force update as necessary national voluntary consensus standards for the performance, use, not be construed as an order of priority for shall ensure that its recommendations re- and validation of first responder equipment consideration of the importance of such sec- garding essential capabilities for terrorism for purposes of section 2002(e)(7). Such stand- tors. preparedness are made within the context of a comprehensive State emergency manage- ards— ‘‘(3) TYPES OF THREAT.—The Secretary spe- ment system. ‘‘(A) shall be, to the maximum extent prac- cifically shall consider the following types of ‘‘(5) PRIOR MEASURES.—The Task Force ticable, consistent with any existing vol- threat to the critical infrastructure sectors shall ensure that its recommendations re- untary consensus standards; described in paragraph (2), and to popu- garding essential capabilities for terrorism ‘‘(B) shall take into account, as appro- lations in all areas of the Nation, urban and preparedness take into account any capabili- priate, new types of terrorism threats that rural: ties that State or local officials have deter- may not have been contemplated when such ‘‘(A) Biological threats. mined to be essential and have undertaken existing standards were developed; ‘‘(B) Nuclear threats. since September 11, 2001, to prevent or pre- ‘‘(C) shall be focused on maximizing inter- ‘‘(C) Radiological threats. pare for terrorist attacks. operability, interchangeability, durability, ‘‘(D) Incendiary threats. ‘‘(c) MEMBERSHIP.— flexibility, efficiency, efficacy, portability, ‘‘(E) Chemical threats. ‘‘(1) IN GENERAL.—The Task Force shall sustainability, and safety; and ‘‘(F) Explosives. consist of 35 members appointed by the Sec- ‘‘(D) shall cover all appropriate uses of the ‘‘(G) Suicide bombers. retary, and shall, to the extent practicable, equipment. ‘‘(H) Cyber threats. represent a geographic and substantive cross ‘‘(2) REQUIRED CATEGORIES.—In carrying ‘‘(I) Any other threats based on proximity section of governmental and nongovern- out paragraph (1), the Secretary shall spe- to specific past acts of terrorism or the mental first responder disciplines from the cifically consider the following categories of known activity of any terrorist group. State and local levels, including as appro- first responder equipment: The order in which the types of threat are priate— ‘‘(A) Thermal imaging equipment. listed in this paragraph shall not be con- ‘‘(A) members selected from the emergency ‘‘(B) Radiation detection and analysis strued as an order of priority for consider- response field, including fire service and law equipment. ation of the importance of such threats. enforcement, hazardous materials response, ‘‘(C) Biological detection and analysis ‘‘(4) CONSIDERATION OF ADDITIONAL FAC- emergency medical services, and emergency equipment. TORS.—In establishing essential capabilities management personnel (including public ‘‘(D) Chemical detection and analysis under subsection (a)(1), the Secretary shall works personnel routinely engaged in emer- equipment. take into account any other specific threat gency response); ‘‘(E) Decontamination and sterilization to a population (including a transient com- ‘‘(B) health scientists, emergency and inpa- equipment. muting or tourist population) or critical in- tient medical providers, and public health ‘‘(F) Personal protective equipment, infrastructure sector that the Secretary has professionals, including experts in emer- cluding garments, boots, gloves, and hoods, determined to exist. gency health care response to chemical, bio- and other protective clothing.

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2007 CONGRESSIONAL RECORD — SENATE S2035 ‘‘(G) Respiratory protection equipment. ‘‘(12) the Emergency Management Accredi- (which, where applicable, is based on na- ‘‘(H) Interoperable communications, in- tation Program; tional, voluntary consensus standards) that cluding wireless and wireline voice, video, ‘‘(13) the National Domestic Preparedness the Secretary, in consultation with the and data networks. Consortium; and Chairman of the Federal Communications ‘‘(I) Explosive mitigation devices and ex- ‘‘(14) to the extent the Secretary considers Commission, deems best suited to facilitate plosive detection and analysis equipment. appropriate, other national voluntary con- interoperability, coordination, and integra- ‘‘(J) Containment vessels. sensus standards development organizations, tion between and among emergency commu- ‘‘(K) Contaminant-resistant vehicles. other interested Federal, State, and local nications systems, and that complies with ‘‘(L) Such other equipment for which the agencies, and other interested persons. prevailing grant guidance of the Department Secretary determines that national vol- ‘‘(d) COORDINATION WITH SECRETARY OF for interoperable communications; untary consensus standards would be appro- HHS.—In establishing any national vol- ‘‘(12) educational curricula development priate. untary consensus standards under this sec- for first responders to ensure that they are ‘‘(b) TRAINING STANDARDS.— tion for first responder equipment or train- prepared for terrorist attacks; ‘‘(1) IN GENERAL.—The Secretary, in con- ing that involve or relate to health profes- ‘‘(13) training and exercises to assist public sultation with the Under Secretaries for sionals, including emergency medical profes- elementary and secondary schools in devel- Emergency Preparedness and Response and sionals, the Secretary shall coordinate ac- oping and implementing programs to in- Science and Technology and the Director of tivities under this section with the Sec- struct students regarding age-appropriate the Office of State and Local Government retary of Health and Human Services.’’. skills to prepare for and respond to an act of Coordination, shall support the development SEC. 4. EFFECTIVE ADMINISTRATION OF HOME- terrorism; of, promulgate, and regularly update as nec- LAND SECURITY GRANTS. ‘‘(14) paying of administrative expenses di- essary national voluntary consensus stand- (a) USE OF GRANT FUNDS AND ACCOUNT- rectly related to administration of the grant, ards for first responder training carried out ABILITY.—The Homeland Security Act of 2002 except that such expenses may not exceed 3 with amounts provided under covered grant (Public Law 107–296; 6 U.S.C. 361 et seq.), as percent of the amount of the grant; and programs, that will enable State and local amended by sections 2 and 3, is amended by ‘‘(15) other appropriate activities as deter- government first responders to achieve opti- adding at the end the following: mined by the Secretary. mal levels of terrorism preparedness as ‘‘(b) PROHIBITED USES.—Funds provided as ‘‘SEC. 2006. USE OF FUNDS AND ACCOUNTABILITY a covered grant may not be used— quickly as practicable. Such standards shall REQUIREMENTS. ‘‘(1) to supplant State or local funds that give priority to providing training to— ‘‘(a) IN GENERAL.—A covered grant may be have been obligated for a homeland security ‘‘(A) enable first responders to prevent, used for— or other first responder-related project; prepare for, respond to, and mitigate ter- ‘‘(1) purchasing, upgrading, or maintaining ‘‘(2) to construct buildings or other phys- rorist threats, including threats from chem- equipment, including computer software, to ical facilities, except for— ical, biological, nuclear, and radiological enhance terrorism preparedness and re- ‘‘(A) activities under section 611 of the weapons and explosive devices capable of in- sponse; Robert T. Stafford Disaster Relief and Emer- flicting significant human casualties; and ‘‘(2) exercises to strengthen terrorism pre- gency Assistance Act (42 U.S.C. 5196); and ‘‘(B) familiarize first responders with the paredness and response; ‘‘(B) upgrading facilities to protect proper use of equipment, including software, ‘‘(3) training for prevention (including de- against, test for, and treat the effects of bio- developed pursuant to the standards estab- tection) of, preparedness for, or response to logical agents, which shall be included in the lished under subsection (a). attacks involving weapons of mass destruc- homeland security plan approved by the Sec- ‘‘(2) REQUIRED CATEGORIES.—In carrying tion, including training in the use of equip- retary under section 2002(c); out paragraph (1), the Secretary specifically ment and computer software; ‘‘(3) to acquire land; or shall include the following categories of first ‘‘(4) developing or updating response plans; ‘‘(4) for any State or local government responder activities: ‘‘(5) establishing or enhancing mechanisms cost-sharing contribution. ‘‘(A) Regional planning. for sharing terrorism threat information; ‘‘(c) MULTIPLE-PURPOSE FUNDS.—Nothing ‘‘(B) Joint exercises. ‘‘(6) systems architecture and engineering, in this section shall be construed to preclude ‘‘(C) Intelligence collection, analysis, and program planning and management, strategy State and local governments from using cov- sharing. formulation and strategic planning, life- ered grant funds in a manner that also en- ‘‘(D) Emergency notification of affected cycle systems design, product and tech- hances first responder preparedness for emer- populations. nology evaluation, and prototype develop- gencies and disasters unrelated to acts of ‘‘(E) Detection of biological, nuclear, radi- ment for terrorism preparedness and re- terrorism, if such use assists such govern- ological, and chemical weapons of mass de- sponse purposes; ments in achieving essential capabilities for struction. ‘‘(7) additional personnel costs resulting terrorism preparedness established by the ‘‘(F) Such other activities for which the from— Secretary under section 2003. Secretary determines that national vol- ‘‘(A) elevations in the threat alert level of ‘‘(d) REIMBURSEMENT OF COSTS.—In addi- untary consensus training standards would the Homeland Security Advisory System by tion to the activities described in subsection be appropriate. the Secretary, or a similar elevation in (a), a covered grant may be used to provide ‘‘(3) CONSISTENCY.—In carrying out this threat alert level issued by a State, region, a reasonable stipend to paid-on-call or volun- subsection, the Secretary shall ensure that or local government with the approval of the teer first responders who are not otherwise such training standards are consistent with Secretary; compensated for travel to or participation in the principles of emergency preparedness for ‘‘(B) travel to and participation in exer- training covered by this section. Any such all hazards. cises and training in the use of equipment reimbursement shall not be considered com- ‘‘(c) CONSULTATION WITH STANDARDS ORGA- and on prevention activities; pensation for purposes of rendering such a NIZATIONS.—In establishing national vol- ‘‘(C) the temporary replacement of per- first responder an employee under the Fair untary consensus standards for first re- sonnel during any period of travel to and Labor Standards Act of 1938 (29 U.S.C. 201 et sponder equipment and training under this participation in exercises and training in the seq.). section, the Secretary shall consult with rel- use of equipment and on prevention activi- ‘‘(e) ASSISTANCE REQUIREMENT.—The Sec- evant public and private sector groups, in- ties; and retary may not request that equipment paid cluding— ‘‘(D) participation in information, inves- for, wholly or in part, with funds provided as a covered grant be made available for re- ‘‘(1) the National Institute of Standards tigative, and intelligence-sharing activities sponding to emergencies in surrounding and Technology; specifically related to terrorism prevention; States, regions, and localities, unless the ‘‘(2) the National Fire Protection Associa- ‘‘(8) the costs of equipment (including soft- Secretary undertakes to pay the costs dition; ware) required to receive, transmit, handle, rectly attributable to transporting and oper- ‘‘(3) the National Association of County and store classified information; ating such equipment during such response. and City Health Officials; ‘‘(9) target hardening to reduce the vulner- ‘‘(f) FLEXIBILITY IN UNSPENT HOMELAND SE- ‘‘(4) the Association of State and Terri- ability of high-value targets, as determined CURITY GRANT FUNDS.—Upon request by the torial Health Officials; by the Secretary; recipient of a covered grant, the Secretary ‘‘(5) the American National Standards In- ‘‘(10) protecting critical infrastructure may authorize the grantee to transfer all or stitute; against potential attack by the addition of part of funds provided as the covered grant ‘‘(6) the National Institute of Justice; barriers, fences, gates, and other such de- from uses specified in the grant agreement ‘‘(7) the Inter-Agency Board for Equipment vices, except that the cost of such measures to other uses authorized under this section, Standardization and Interoperability; may not exceed the greater of— if the Secretary determines that such trans- ‘‘(8) the National Public Health Perform- ‘‘(A) $1,000,000 per project; or fer is in the interests of homeland security. ance Standards Program; ‘‘(B) such greater amount as may be ap- ‘‘(g) STATE, REGIONAL, AND TRIBAL RESPON- ‘‘(9) the National Institute for Occupa- proved by the Secretary, which may not ex- SIBILITIES.— tional Safety and Health; ceed 10 percent of the total amount of the ‘‘(1) PASS-THROUGH.—The Secretary shall ‘‘(10) ASTM International; covered grant; require a recipient of a covered grant that is ‘‘(11) the International Safety Equipment ‘‘(11) the costs of commercially available a State to obligate or otherwise make avail- Association; interoperable communications equipment able to local governments, first responders,

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and other local groups, to the extent re- ‘‘(h) INCENTIVES TO EFFICIENT ADMINISTRA- ‘‘(C) EFFECT OF PAYMENT.—Payment of quired under the State homeland security TION OF HOMELAND SECURITY GRANTS.— grant funds to a local government under this plan or plans specified in the application for ‘‘(1) PENALTIES FOR DELAY IN PASSING paragraph— the grant, not less than 80 percent of the THROUGH LOCAL SHARE.—If a recipient of a ‘‘(i) shall not affect any payment to an- grant funds, resources purchased with the covered grant that is a State fails to pass other local government under this para- grant funds having a value equal to at least through to local governments, first respond- graph; and 80 percent of the amount of the grant, or a ers, and other local groups funds or resources ‘‘(ii) shall not prejudice consideration of a combination thereof, by not later than the required by subsection (g)(1) within 45 days request for payment under this paragraph end of the 45-day period beginning on the after receiving funds under the grant, the that is submitted by another local govern- date the grant recipient receives the grant Secretary may— ment. funds. ‘‘(A) reduce grant payments to the grant ‘‘(D) DEADLINE FOR ACTION BY SECRETARY.— ‘‘(2) CERTIFICATIONS REGARDING DISTRIBU- recipient from the portion of grant funds The Secretary shall approve or disapprove TION OF GRANT FUNDS TO LOCAL GOVERN- that is not required to be passed through each request for payment under this para- MENTS.—Any State that receives a covered under subsection (g)(1); graph by not later than 15 days after the grant shall certify to the Secretary, by not ‘‘(B) terminate payment of funds under the date the request is received by the Depart- later than 30 days after the expiration of the grant to the recipient, and transfer the ap- ment. period described in paragraph (1) with re- propriate portion of those funds directly to ‘‘(i) REPORTS TO CONGRESS.—The Secretary spect to the grant, that the State has made local first responders that were intended to shall submit an annual report to Congress by available for expenditure by local govern- receive funding under that grant; or December 31 of each year— ments, first responders, and other local ‘‘(C) impose additional restrictions or bur- ‘‘(1) describing in detail the amount of Fed- groups the required amount of grant funds dens on the recipient’s use of funds under the eral funds provided as covered grants that pursuant to paragraph (1). grant, which may include— were directed to each State, region, and directly eligible tribe in the preceding fiscal ‘‘(3) QUARTERLY REPORT ON HOMELAND SECU- ‘‘(i) prohibiting use of such funds to pay year; RITY SPENDING.—Each recipient of a covered the grant recipient’s grant-related overtime grant shall submit a quarterly report to the or other expenses; ‘‘(2) containing information on the use of Secretary not later than 30 days after the ‘‘(ii) requiring the grant recipient to dis- such grant funds by grantees; and end of each fiscal quarter. Each such report tribute to local government beneficiaries all ‘‘(3) describing— shall include, for each recipient of a covered or a portion of grant funds that are not re- ‘‘(A) the Nation’s progress in achieving, grant or a pass-through under paragraph quired to be passed through under subsection maintaining, and enhancing the essential ca- (1)— (g)(1); or pabilities established under section 2003(a) as ‘‘(A) the amount obligated to that recipi- ‘‘(iii) for each day that the grant recipient a result of the expenditure of covered grant ent in that quarter; fails to pass through funds or resources in funds during the preceding fiscal year; and ‘‘(B) the amount expended by that recipi- accordance with subsection (g)(1), reducing ‘‘(B) an estimate of the amount of expendi- ent in that quarter; and grant payments to the grant recipient from tures required to attain across the United ‘‘(C) a summary description of the items the portion of grant funds that is not re- States the essential capabilities established purchased by such recipient with such quired to be passed through under subsection under section 2003(a).’’. (b) SENSE OF CONGRESS REGARDING INTER- amount. (g)(1), except that the total amount of such OPERABLE COMMUNICATIONS.— ‘‘(4) ANNUAL REPORT ON HOMELAND SECURITY reduction may not exceed 20 percent of the (1) FINDING.—Congress finds that— SPENDING.—Each recipient of a covered grant total amount of the grant. (A) many emergency response providers (as shall submit an annual report to the Sec- ‘‘(2) EXTENSION OF PERIOD.—The Governor defined under section 2 of the Homeland Se- retary not later than 60 days after the end of of a State may request in writing that the curity Act of 2002 (6 U.S.C. 101), as amended each fiscal year. Each recipient of a covered Secretary extend the 45-day period under by this Act) working in the same jurisdiction grant that is a region shall simultaneously section 2002(e)(5)(E) or paragraph (1) for an or in different jurisdictions cannot effec- submit its report to each State of which any additional 15-day period. The Secretary may tively and efficiently communicate with one part is included in the region. Each recipient approve such a request, and may extend such another; and of a covered grant that is a directly eligible period for additional 15-day periods, if the (B) their inability to do so threatens the tribe shall simultaneously submit its report Secretary determines that the resulting public’s safety and may result in unneces- to each State within the boundaries of which delay in providing grant funding to the local sary loss of lives and property. any part of such tribe is located. Each report government entities that will receive fund- (2) SENSE OF CONGRESS.—It is the sense of shall include the following: ing under the grant will not have a signifi- Congress that interoperable emergency com- ‘‘(A) The amount, ultimate recipients, and cant detrimental impact on such entities’ munications systems and radios should con- dates of receipt of all funds received under terrorism preparedness efforts. tinue to be deployed as soon as practicable the grant during the previous fiscal year. ‘‘(3) PROVISION OF NON-LOCAL SHARE TO for use by the emergency response provider ‘‘(B) The amount and the dates of disburse- LOCAL GOVERNMENT.— community, and that upgraded and new dig- ments of all such funds expended in compli- ‘‘(A) IN GENERAL.—The Secretary may upon ital communications systems and new dig- ance with paragraph (1) or pursuant to mu- request by a local government pay to the ital radios should meet prevailing national tual aid agreements or other sharing ar- local government a portion of the amount of voluntary consensus standards for interoper- rangements that apply within the State, re- a covered grant awarded to a State in which ability. gion, or directly eligible tribe, as applicable, the local government is located, if— (c) SENSE OF CONGRESS REGARDING CITIZEN during the previous fiscal year. ‘‘(i) the local government will use the CORPS COUNCILS.— ‘‘(C) How the funds were utilized by each amount paid to expedite planned enhance- (1) FINDING.—Congress finds that Citizen ultimate recipient or beneficiary during the ments to its terrorism preparedness as de- Corps councils help to enhance local citizen preceding fiscal year. scribed in any applicable State homeland se- participation in terrorism preparedness by ‘‘(D) The extent to which essential capa- curity plan or plans; coordinating multiple Citizen Corps pro- bilities identified in the applicable State ‘‘(ii) the State has failed to pass through grams, developing community action plans, homeland security plan or plans were funds or resources in accordance with sub- assessing possible threats, and identifying achieved, maintained, or enhanced as the re- section (g)(1); and local resources. sult of the expenditure of grant funds during ‘‘(iii) the local government complies with (2) SENSE OF CONGRESS.—It is the sense of the preceding fiscal year. subparagraph (B). Congress that individual Citizen Corps coun- ‘‘(E) The extent to which essential capa- ‘‘(B) SHOWING REQUIRED.—To receive a pay- cils should seek to enhance the preparedness bilities identified in the applicable State ment under this paragraph, a local govern- and response capabilities of all organizations homeland security plan or plans remain ment must demonstrate that— participating in the councils, including by unmet. ‘‘(i) it is identified explicitly as an ulti- providing funding to as many of their par- ‘‘(5) INCLUSION OF RESTRICTED ANNEXES.—A mate recipient or intended beneficiary in the ticipating organizations as practicable to recipient of a covered grant may submit to approved grant application; promote local terrorism preparedness pro- the Secretary an annex to the annual report ‘‘(ii) it was intended by the grantee to re- grams. under paragraph (4) that is subject to appro- ceive a severable portion of the overall grant (d) REQUIRED COORDINATION.—The Sec- priate handling restrictions, if the recipient for a specific purpose that is identified in the retary of Homeland Security shall ensure believes that discussion in the report of grant application; that there is effective and ongoing coordina- unmet needs would reveal sensitive but un- ‘‘(iii) it petitioned the grantee for the tion of Federal efforts to prevent, prepare classified information. funds or resources after expiration of the pe- for, and respond to acts of terrorism and ‘‘(6) PROVISION OF REPORTS.—The Secretary riod within which the funds or resources other major disasters and emergencies shall ensure that each annual report under were required to be passed through under among the divisions of the Department of paragraph (4) is provided to the Under Sec- subsection (g)(1); and Homeland Security, including the Direc- retary for Emergency Preparedness and Re- ‘‘(iv) it did not receive the portion of the torate of Emergency Preparedness and Re- sponse and the Director of the Office of State overall grant that was earmarked or des- sponse and the Office for State and Local and Local Government Coordination. ignated for its use or benefit. Government Coordination and Preparedness.

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(e) COORDINATION OF INDUSTRY EFFORTS.— (2) FACTORS.—In conducting the study, the ‘‘(3) COVERED GRANT.—The term ‘covered Section 102(f) of the Homeland Security Act Secretary shall analyze the volume of inter- grant’ means any grant to which this title of 2002 (6 U.S.C. 112(f)) is amended— national trade and economic significance of applies under section 2001(b). (1) in paragraph (9), by striking ‘‘and’’ each port. ‘‘(4) DIRECTLY ELIGIBLE TRIBE.—The term after the semicolon; (3) REPORT.—Not later than 90 days after ‘directly eligible tribe’ means any Indian (2) in paragraph (10), by striking the period the enactment of the Act, the Secretary tribe or consortium of Indian tribes that— and inserting ‘‘; and’’; and shall submit a report to Congress on the ‘‘(A) meets the criteria for inclusion in the (3) by adding at the end the following: study and shall include recommendations for qualified applicant pool for self-governance ‘‘(11) coordinating industry efforts, with using such factors in allocating grant funds that are set forth in section 402(c) of the In- respect to functions of the Department of to ports. dian Self-Determination and Education As- Homeland Security, to identify private sec- (i) STUDY OF ALLOCATION OF ASSISTANCE TO sistance Act (25 U.S.C. 458bb(c)); tor resources and capabilities that could be FIREFIGHTER GRANTS.— ‘‘(B) employs at least 10 full-time per- effective in supplementing Federal, State, (1) STUDY.—The Secretary of Homeland Se- sonnel in a law enforcement or emergency and local government agency efforts to pre- curity shall conduct a study of the alloca- response agency with the capacity to re- vent or respond to a terrorist attack.’’. tion of grant fund awards made under the As- spond to calls for law enforcement or emer- (f) STUDY REGARDING NATIONWIDE EMER- sistance to Firefighter Grants program and gency services; and GENCY NOTIFICATION SYSTEM.— shall analyze the distribution of awards by ‘‘(C)(i) is located on, or within 5 miles of, (1) STUDY.—The Secretary of Homeland Se- State. an international border or waterway; curity, in consultation with the heads of (2) FACTORS.—In conducting the study, the ‘‘(ii) is located within 5 miles of a facility other appropriate Federal agencies and rep- Secretary shall analyze the number of designated as high-risk critical infrastruc- resentatives of providers and participants in awards and the per capita amount of grant ture by the Secretary; the telecommunications industry, shall con- funds awarded to each State and the level of ‘‘(iii) is located within or contiguous to 1 duct a study to determine whether it is cost unmet firefighting equipment needs in each of the 50 largest metropolitan statistical effective, efficient, and feasible to establish State. The study shall also analyze whether areas in the United States; or and implement an emergency telephonic allowing local departments to submit more ‘‘(iv) has more than 1,000 square miles of alert notification system that will— than 1 annual application and expanding the Indian country, as that term is defined in (A) alert persons in the United States of list of eligible applicants for such grants to section 1151 of title 18, United States Code. imminent or current hazardous events include States will enhance the ability of ‘‘(5) ELEVATIONS IN THE THREAT ALERT caused by acts of terrorism; and State and local governments to respond to LEVEL.—The term ‘elevations in the threat (B) provide information to individuals re- fires. alert level’ means any designation (including garding appropriate measures that may be (3) REPORT.—Not later than 90 days after those that are less than national in scope) undertaken to alleviate or minimize threats the date of enactment of the Act, the Sec- that raises the homeland security threat to their safety and welfare posed by such retary shall submit a report to Congress on level to either the highest or second-highest events. the study and shall include recommenda- threat level under the Homeland Security (2) TECHNOLOGIES TO CONSIDER.—In con- tions for legislation amending the factors Advisory System referred to in section ducting the study under paragraph (1), the used in allocating grant funds to insure that 201(d)(7). Secretary shall consider the use of the tele- critical firefighting needs are addressed by ‘‘(6) EMERGENCY PREPAREDNESS.—The term phone, wireless communications, and other the program in all areas of the Nation. ‘emergency preparedness’ shall have the existing communications networks to pro- SEC. 5. IMPLEMENTATION; DEFINITIONS; TABLE same meaning that term has under section vide such notification. OF CONTENTS. 602 of the Robert T. Stafford Disaster Relief (3) REPORT.—Not later than 9 months after (a) TECHNICAL AND CONFORMING AMEND- and Emergency Assistance Act (42 U.S.C. the date of enactment of this Act, the Sec- MENT.—Section 1014 of the USA PATRIOT 5195a). retary shall submit to Congress a report re- ACT (42 U.S.C. 3714) is amended— ‘‘(7) ESSENTIAL CAPABILITIES.—The term garding the conclusions of the study con- (1) by striking subsection (c)(3); ‘essential capabilities’ means the levels, ducted under paragraph (1). (2) by redesignating subsection (c) as sub- availability, and competence of emergency (g) STUDY OF EXPANSION OF AREA OF JURIS- section (d); and personnel, planning, training, and equipment DICTION OF OFFICE OF NATIONAL CAPITAL RE- (3) by inserting after subsection (b) the fol- across a variety of disciplines needed to ef- GION COORDINATION.— lowing: fectively and efficiently prevent, prepare for, (1) STUDY.—The Secretary of Homeland Se- ‘‘(c) ADMINISTRATION.—Grants under this and respond to acts of terrorism consistent curity, acting through the Director of the section shall be administered in accordance with established practices. Office of National Capital Region Coordina- with title XX of the Homeland Security Act ‘‘(8) FIRST RESPONDER.—The term ‘first re- tion, shall conduct a study of the feasibility of 2002.’’. sponder’ shall have the same meaning as the and desirability of modifying the definition (b) TEMPORARY LIMITATIONS ON APPLICA- term ‘emergency response provider’ under of ‘‘National Capital Region’’ applicable TION.— section 2. under section 882 of the Homeland Security (1) 1-YEAR DELAY IN APPLICATION.—The fol- ‘‘(9) INDIAN TRIBE.—The term ‘Indian tribe’ Act of 2002 (6 U.S.C. 462) to expand the geo- lowing provisions of title XX of the Home- means any Indian tribe, band, nation, or graphic area under the jurisdiction of the Of- land Security Act of 2002, as added by this other organized group or community, includ- fice of National Capital Region Coordina- Act, shall not apply during the 1-year period ing any Alaskan Native village or regional or tion. beginning on the date of enactment of this village corporation as defined in or estab- (2) FACTORS.—In conducting the study Act— lished pursuant to the Alaskan Native under paragraph (1), the Secretary shall ana- (A) Subsections (b), (c), and (e)(4) (A) and Claims Settlement Act (43 U.S.C. 1601 et lyze whether expanding the geographic area (B) of section 2002; and seq.), which is recognized as eligible for the under the jurisdiction of the Office of Na- (B) In section 2002(f)(3)(A)(i), the phrase special programs and services provided by tional Region Coordination will— ‘‘by achieving, maintaining, or enhancing the United States to Indians because of their (A) promote coordination among State and the essential capabilities of the applicants status as Indians. local governments within the Region, includ- on a nationwide basis,’’. ‘‘(10) REGION.—The term ‘region’ means ing regional governing bodies, and coordina- (2) 2-YEAR DELAY IN APPLICATION.—The fol- any geographic area— tion of the efforts of first responders; and lowing provisions of title XX of the Home- ‘‘(A) certified by the Secretary under sec- (B) enhance the ability of such State and land Security Act of 2002, as added by this tion 2002(a)(3); local governments and the Federal Govern- Act, shall not apply during the 2-year period ‘‘(B) consisting of all or parts of 2 or more ment to prevent and respond to a terrorist beginning on the date of enactment of this counties, municipalities, or other local gov- attack within the Region. Act— ernments and including a city with a core (3) REPORT.—Not later than 6 months after (A) Subparagraphs (D) and (E) of section population exceeding 500,000 according to the the date of the enactment of this Act, the 2006(g)(4); and most recent estimate available from the Secretary shall submit a report to Congress (B) Section 2006(i)(3). United States Census; and on the study conducted under paragraph (1), (c) DEFINITIONS.— ‘‘(C) that, for purposes of an application for and shall include in the report such rec- (1) TITLE XX.—Title XX of the Homeland a covered grant— ommendations (including recommendations Security Act of 2002, as amended by sections ‘‘(i) is represented by 1 or more local gov- for legislation to amend section 882 of the 2, 3, and 4, is amended by adding at the end ernments or governmental agencies within Homeland Security Act of 2002 (6 U.S.C. 462)) the following: such geographic area; and as the Secretary considers appropriate. ‘‘SEC. 2007. DEFINITIONS. ‘‘(ii) is established by law or by agreement (h) STUDY OF RISK ALLOCATION FOR PORT ‘‘In this title: of 2 or more such local governments or gov- SECURITY GRANTS.— ‘‘(1) BOARD.—The term ‘Board’ means the ernmental agencies, such as through a mu- (1) STUDY.—The Secretary of Homeland Se- Homeland Security Grants Board established tual aid agreement. curity shall conduct a study of the factors to under section 2002(f). ‘‘(11) RISK-BASED FUNDING.—The term ‘risk- be used for the allocation of funds based on ‘‘(2) CONSEQUENCE.—The term ‘con- based funding’ means the allocation of funds risk for port security grants made under sec- sequence’ means the assessment of the effect based on an assessment of threat, vulner- tion 70107 of title 46, United States Code. of a completed attack. ability, and consequence.

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2038 CONGRESSIONAL RECORD — SENATE February 15, 2007 ‘‘(12) TASK FORCE.—The term ‘Task Force’ every penny be directed where it will It is our hope and intent that, by in- means the Task Force on Essential Capabili- do the most good. It is imperative that troducing this bill, we can positively ties established under section 2004. we guard the places across our Nation contribute and enrich the public dis- ‘‘(13) THREAT.—The term ‘threat’ means where terrorists are most likely to course on this critical issue, and help the assessment of the plans, intentions, and strike, and where such strikes could do move the Nation toward a more ration- capability of an adversary to implement an identified attack scenario. the most damage to our people, our al and effective distribution of our ‘‘(14) VULNERABILITY.—The term ‘vulner- government, and our national econ- homeland security resources. ability’ means the degree to which a facility omy. We believe this is the most re- Continuing to spread Homeland Secu- is available or accessible to an attack, in- sponsible way to prepare for any future rity funds throughout the Nation—irre- cluding the degree to which the facility is in- attack. spective of the actual risk to particular herently secure or has been hardened against We need to have a system that will states and communities—would be to such an attack.’’. protect our most vulnerable assets and ignore much of what we have learned (2) DEFINITION OF EMERGENCY RESPONSE populations—one that recognizes the as part of our effort to assess our PROVIDERS.—Paragraph (6) of section 2 of the need to protect the critical infrastruc- vulnerabilities since the attacks of Homeland Security Act of 2002 (6 U.S.C. ture and vital components of our na- September 11. So I would urge that we 101(6)) is amended by striking ‘‘includes’’ and all that follows and inserting ‘‘includes Fed- tional economy. I am reminded of this swiftly work to pass this legislation, to eral, State, and local governmental and non- often when I travel around my home better ensure the safety of our citizens. governmental emergency public safety, law State of Texas. Recently, I met with enforcement, fire, emergency response, officials and business leaders from By Mr. ROCKEFELLER (for him- emergency medical (including hospital emer- Houston and Southeast Texas and dis- self and Ms. SNOWE): gency facilities), and related personnel, orga- cussed their homeland security needs. S. 609. A bill to amend section 254 of nizations, agencies, and authorities.’’. Their needs are enormous considering the Communications Act of 1934 to pro- (d) TABLE OF CONTENTS.—Section 1(b) of the vast amount of critical infrastruc- vide that funds received as universal the Homeland Security Act of 2002 (6 U.S.C. ture and energy facilities in and among service contributions and the universal 101 note) is amended in the table of contents large population centers. The potential service support programs established by adding at the end the following: pursuant to that section are not sub- ‘‘TITLE XX—RISK-BASED FUNDING FOR consequences of a terrorist attack on any of these facilities would be dev- ject to certain provisions of title 31, HOMELAND SECURITY United States Code, commonly known ‘‘Sec. 2001. Risk-based funding for homeland astating, not only to the local communities, but to the economic engine of as the Antideficiency Act; to the Com- security mittee on Commerce, Science, and ‘‘Sec. 2002. Covered grant eligibility and cri- the whole country. Unfortunately, we teria got a small taste of effects of a disaster Transportation. Mr. ROCKEFELLER. Mr. President, ‘‘Sec. 2003. Essential capabilities for home- along America’s energy coast during today I join with my colleagues, Sen- land security the storms of 2005—hurricanes Katrina ‘‘Sec. 2004. Task Force on Essential Capa- ator OLYMPIA SNOWE and Vice-Chair- and Rita. bilities man TED STEVENS, to re-introduce the The legislation that Senator FEIN- ‘‘Sec. 2005. National standards for first re- Antideficiency Act to protect the Uni- STEIN and I are proposing would require sponder equipment and training versal Service Program. ‘‘Sec. 2006. Use of funds and accountability that Federal Homeland Security funds requirements This is a bipartisan effort to ensure be allocated to States according to a that all of the fundamental universal ‘‘Sec. 2007. Definitions’’. risk-based assessment. It is vital that Mr. CORNYN. Mr. President, I rise service program can continue to oper- we better allocate our limited re- ate smoothly and effectively. Last today to join with my colleague, Sen. sources to the vulnerable places in the DIANNE FEINSTEIN of California, and year, this legislation garnered the sup- country we most need to protect, and port of 55 members, and I hope that it several of our distinguished colleagues that that these funds are distributed in in introducing The Risk-Based Home- will gain additional support in the an efficient and timely manner. 110th Congress. It is also important to land Security Grants Act of 2007. Since we began this effort, I am Senator FEINSTEIN, myself, and other note that the House also has a similar pleased that there has been progress bipartisan legislation. Senators have been working now for made. The considerations of threat, several years on changing how our For many years, I have fought hard vulnerability, and consequence have for universal service, including the E- homeland security dollars are distrib- been incorporated into more homeland Rate. It is essential for all of the uni- uted throughout the country. Some security programs. But I’m concerned versal service programs to operate in a have been talking about the need for a that we haven’t done enough. And I’m timely manner. risk-based allocation of assistance as concerned that our homeland security The Universal Service Fund is ac- long as the Department of Homeland dollars are being treated as a pie in complishing its mission. Our country Security has been in existence. which all States get to claim a piece, has a strong telecommunications net- Throughout these debates, Senator regardless of risk. work, and rural customers are getting FEINSTEIN has been a tireless advocate This approach is inconsistent if we service at affordable rates. Lifeline and in this effort, and I would like to thank truly evaluate the 9/11 Commission rec- Linkup programs help the poorest of her for her fine leadership and collabo- ommendations. They clearly call for customers keep basic telephone access ration in crafting this legislation. allocation of money based on an assess- which is essential in our modern world. The attacks on our country on Sep- ment of risks. Rural health care is helping connect tember 11, 2001 were unprecedented in Our legislation provides for a dis- our rural clinics to modern medicine our history, and they brought with tribution formula for homeland secu- and specialists. them the need for similarly unprece- rity grants based on risk, which con- Over the past decade, the E-Rate dis- dented security measures. Our Nation siders three main criteria: threat, vul- counts have helped to connect our needed to respond quickly to the devas- nerability, and consequence. It requires classrooms and our libraries to the tation that day delivered to our coun- States to quickly pass on Federal funds Internet and modern technology. In try, so the Federal Government created to areas where they are most needed. It 1996, when the Telecommunications a system that worked to raise overall provides greater flexibility in using the Act passed, only 14 percent of class- national emergency preparedness to funds, allowing a State to use them for rooms were connected, and just 5 per- ensure we could better guard against other hazards consistent with federally cent of the poorest classrooms were another such terrorist attack. established capability standards. And connected. The latest data is encour- And so, we embarked on the task of it allows States to retain authority to aging with 93 percent of all classrooms shoring up our airline, transportation, administer grant programs, but there connected and 89 percent of the poorest border, and port security. We worked are penalties for states that do not classrooms connected. Since 1998, West to protect our critical infrastructure, pass funds to local governments within Virginia schools and libraries have re- to protect our cyber security, our agri- 45 days, and if a State fails to pass the ceived over $70 million in E-Rate dis- culture and food-supply systems. funds through, local governments may counts. While this is extraordinary suc- But taxpayer dollars are not limit- petition the Department of Homeland cess, the need for E-Rate discounts re- less, and Congress must work to ensure Security to receive the funds directly. mains because schools and libraries

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2007 CONGRESSIONAL RECORD — SENATE S2039 face monthly telecommunication costs House of Representatives. We have status to the State Department’s Office and Internet access fees. Every school hopes that the 110th Congress will now of the Coordinator of Reconstruction and library will periodically need to bring this idea to fruition. and Stabilization and makes the posi- upgrade its internal connections. In his State of the Union address last tion of Coordinator subject to the ad- This legislation gives the Universal month, the President endorsed the vice and consent of the Senate. The Service Fund a permanent exemption need for such a corps: legislation authorizes the establish- from the Antideficiency Act. Over the ‘‘A second task we can take on to- ment of a federal response capability last few years, we have done one year gether is to design and establish a vol- with both active and standby compo- exemptions. It makes good sense to unteer Civilian Reserve Corps. Such a nents, as well as a civilian reserve that enact a long term solution for the Uni- corps would function much like our draws upon the talent and willingness versal Service Fund. military reserve. It would ease the bur- to serve that resides among our people. den on the Armed Forces by allowing It provides flexibility in personnel By Mr. ROCKEFELLER: us to hire civilians with critical skills management, pay, and benefits to build S. 610. A bill to clarify the effective to serve on missions abroad when the corps and create surge capacity in date of the modification of treatment American needs them. It would give an emergency. Finally, it authorizes for retirement annuity purposes of people across America who do not wear expenditures for a crisis response fund, part-time service before April 7, 1986, of the uniform a chance to serve in the for the civilian response corps, and for certain Department of Veterans Affairs defining struggle of our time.’’ Presi- a substantial training, planning and health-care professionals; to the Com- dent Bush, January 23, 2007, State of operational capacity for the office. mittee on Veterans’ Affairs. the Union speech, Washington, DC. The State Department has made Mr. ROCKEFELLER. Mr. President, The legislation I am introducing progress through the Office of the Co- today, I am introducing a bill to today is an updated version of S. 3322. ordinator of Reconstruction and Sta- change an unfair administrative deci- It is the result of a conversation begun bilization that was established in July sion that hurts aging, retired VA in 2003 between Members of the Senate of 2004. The Office has already done a nurses. This bill is designed to correct Foreign Relations Committee and the great deal of the preliminary work a problem from legislation enacted in leadership of the State Department. needed to build an effective corps. But 2001, to help VA nurses’ retirement. The concept has gone through a num- now it is time for the Office to recruit, That legislation improved nurses’ pen- ber of evolutions and has passed the train, and organize the corps so that we sions, and Congress intended it to be Committee unanimously both as a free- have deployable units. retroactive. Unfortunately, adminis- standing bill and as part of the State We need to have a 250-person active trative officials took a very narrow Department authorization bill. I am duty component made up of State De- view of that law. Currently VA nurses, asking the Senate to pass it now again partment and USAID employees. We who retired between 1986 and 2002, do as a free-standing bill and send it to need a 2,000 person standby component not get the full pension benefits as cur- the House with our unanimous ap- drawn from both State and USAID, but rent retirees do. proval. also from other Federal agencies that In the 1980s, VA aggressively re- International crises are inevitable, have employees who are willing to vol- cruited nurses to fill a huge need at VA and in most cases, U.S. national secu- unteer and have the necessary skill medical centers by promising full re- rity interests will be threatened by sets. And we need to begin building a tirement for part-time work. At the sustained instability. The war on ter- civilian reserve, recruiting at least 500 time, nurses joined the VA, and they rorism necessitates that we not leave highly skilled persons and eventually believed in the promise. nations crumbling and ungoverned. We many more. Sadly, the VA and the Office of Per- have already seen how terrorists can The 250-person active duty personnel sonnel Management (OPM) will not ful- exploit nations afflicted by lawlessness should include people with skills that fill that promise. This legislation and desperate circumstances. They are more technical than the broader would explicitly require the Federal seek out such places to establish train- diplomatic requirements—civil engi- Government to honor its commitment ing camps, recruit new members, and neering, police expertise, agricultural to our retired VA nurses. Pension bene- tap into a global black market in weap- knowledge, health, education, and po- fits are a vital promise. It is disturbing ons. litical organization. They should have when we do not fulfill our obligations, In this international atmosphere, the experience in difficult situations over- and we simply must correct this error. United States must have the right seas and be trained and available for Nurses play a critical role in our structures, personnel, and resources in rapid deployment with the military for health care system, including the VA. place when an emergency occurs. A both initial assessments and program- Recruiting and retaining nurses is im- delay in our response of a few weeks, or ming purposes. They would be the first portant, and this pension shortfall does even days, can mean the difference be- civilian team on the ground in post- not help. It is time to deliver full pen- tween success and failure. Clearly we conflict situations, probably well in ad- sion benefits to the retired nurses who need a full range of tools to prevail. vance of the establishment of an em- cared for our veterans, but sadly re- Our Committee’s focus has been on bassy. tired in the wrong years, between 1986 boosting the civilian side of our sta- Such a 250-person corps would be no and 2002. bilization and reconstruction capabili- larger than a typical army company. ties, while encouraging improved But it would be a force multiplier. It By Mr. LUGAR (for himself and mechanisms for civilian and military would be equipped with the authority Mr. BIDEN): agencies to work together on these and training to take broad operational S. 613. A bill to enhance the overseas missions. responsibility for stabilization mis- stabilization and reconstruction capa- Those who were once unconvinced of sions. Establishment of such a corps is bilities of the United States Govern- the need for such a corps have only to a modest investment when seen as part ment, and for other purposes; to the look at our experience in Iraq and Af- of the overall national security budget. Committee on Foreign Relations. ghanistan to understand its value. Even in peace time, we maintain active Mr. LUGAR. Mr. President, this leg- This legislation continues to build on duty military forces of almost 1.4 mil- islation authorizes the creation of a ci- the original legislation, S. 2127, that lion men and women who train and vilian readiness corps to address post- Senators BIDEN and HAGEL and I intro- plan for the possibility of war. Given conflict situations and other emer- duced in early 2004 to encourage and how critical post conflict situations gencies overseas. The Senate already support a well-organized, sufficiently have been to American national secu- embraced the creation of such a corps resourced and strongly led civilian rity in the last decade, I believe it is when it unanimously passed S. 3322 last counterpart to the military in post- reasonable to have a mere 250 civilians June. Unfortunately, that bill, intro- conflict zones. It is our view that the who are training for these situations duced by Senator BIDEN and me and co- civilian side needs both operational ca- and are capable of being deployed any- sponsored by Senators HAGEL, ALEX- pability and a significant surge capac- where in the world, at any time they ANDER and WARNER languished in the ity. This legislation gives statutory may be needed.

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2040 CONGRESSIONAL RECORD — SENATE February 15, 2007 Congress must now be willing to pro- United States Agency for International De- interests of the United States for United vide the funding to make this corps a velopment. States civilian agencies or non-Federal em- reality. This legislation authorizes a (2) APPROPRIATE CONGRESSIONAL COMMIT- ployees to assist in stabilizing and recon- $75 million crisis response fund to be TEES.—The term ‘‘appropriate congressional structing a country or region that is at risk committees’’ means— of, in, or is in transition from, conflict or made available as a contingency for (A) the Committee on Foreign Relations of civil strife, the President may, in accordance stabilization and reconstruction crises. the Senate; and with the provisions set forth in section Of this amount, the administration is (B) the Committee on Foreign Affairs of 614(a)(3), notwithstanding any other provi- authorized to spend $25 million for the the House of Representatives. sion of law, and on such terms and condi- organization, training, and emergency (3) DEPARTMENT.—Except as otherwise pro- tions as the President may determine, fur- deployment of the response corps. This vided in this Act, the term ‘‘Department’’ nish assistance to respond to the crisis using legislation authorizes the crisis re- means the Department of State. funds referred to in paragraph (2). sponse fund and $80 million for the op- (4) EXECUTIVE AGENCY.—The term ‘‘execu- ‘‘(2) FUNDS.—The funds referred to in this tive agency’’ has the meaning given that paragraph are funds as follows: erations of the new State Department term in section 105 of title 5, United States ‘‘(A) Funds made available under this sec- office and the active duty component, Code. tion, including funds authorized to be appro- including training, equipment, and (5) SECRETARY.—The term ‘‘Secretary’’ priated by subsection (d). travel. means the Secretary of State. ‘‘(B) Funds made available under other We have a long way to go in creating SEC. 4. SENSE OF CONGRESS. provisions of this Act and transferred or re- the kind of robust civilian capacity It is the sense of Congress that— programmed for purposes of this section. that we need. Both the State Depart- (1) the civilian element of United States ‘‘(b) SPECIAL AUTHORITIES.—In furtherance ment and the Defense Department are joint civilian-military operations should be of a determination made under subsection keenly aware of the importance of this strengthened in order to enhance the execu- (a), the President may exercise the authorities contained in sections 552(c)(2) and 610 legislation. If we cannot plan better as tion of current and future reconstruction and stabilization activities in foreign coun- without regard to the percentage and aggre- a government, the United States may tries or regions that are at risk of, in, or are gate dollar limitations contained in such come to depend even more on our mili- in transition from, conflict or civil strife; sections. tary for tasks and functions far beyond (2) the capability of civilian agencies of the ‘‘(c) AVAILABILITY OF FUNDS FOR RESPONSE its current role. But I remain opti- United States Government to carry out re- READINESS CORPS.—Of the funds made avail- mistic that we can build on the construction and stabilization activities in able for this section in any fiscal year, in- progress already made to create a such countries or regions should also be en- cluding funds authorized to be appropriated strong and reliable civilian component hanced through a new rapid response corps of by subsection (d) and funds made available that boosts our stabilization and recon- civilian experts supported by the establish- under other provisions of this Act and trans- ment of a new system of planning, organiza- ferred or reprogrammed for purposes of this struction capabilities. Passing this leg- tion, personnel policies, and education and section, $25,000,000 may be made available for islation once again will demonstrate training, and the provision of adequate re- expenses related to the development, train- that there is a keen understanding in sources; ing, and operations of the Response Readi- the Senate that we need to move for- (3) the international community, including ness Corps established under section 61(c) of ward. It will support executive branch nongovernmental organizations, and the the State Department Basic Authorities Act actions already taken and encourage United Nations and its specialized agencies, of 1956. further progress. We hope that our should be further encouraged to participate ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— friends in the House of Representa- in planning and organizing reconstruction ‘‘(1) AUTHORIZATION.—There is authorized and stabilization activities in such countries to be appropriated $75,000,000 to provide as- tives, several of whom are considering or regions; introducing their own legislation, will sistance authorized in subsection (a) and, to (4) the executive branch has taken a num- the extent authorized in subsection (c), for move forward with the Senate in this ber of steps to strengthen civilian capability, the purpose described in subsection (c). Such endeavor. I urge adoption of this legis- including the establishment of an office amount is in addition to amounts otherwise lation. headed by a Coordinator for Reconstruction made available for purposes of this section, I ask unanimous consent that the and Stabilization in the Department, the including funds made available under other text of the bill be printed in the Presidential designation of the Secretary as provisions of this Act and transferred or re- the interagency coordinator and leader of re- RECORD. programmed for purposes of this section. construction and stabilization efforts, and ‘‘(2) REPLENISHMENT.—There is authorized There being no objection, the text of Department of Defense directives to the the bill was ordered to be printed in to be appropriated each fiscal year such military to support the Office of Reconstruc- sums as may be necessary to replenish funds the RECORD, as follows: tion and Stabilization and to work closely expended under this section. S. 613 with counterparts in the Department of ‘‘(3) AVAILABILITY.—Funds authorized to be Be it enacted by the Senate and House of Rep- State and other civilian agencies to develop appropriated under this subsection shall be resentatives of the United States of America in and enhance personnel, training, planning, available without fiscal year limitation.’’. Congress assembled, and analysis; (5) the Secretary and the Administrator SEC. 6. OFFICE OF THE COORDINATOR FOR RE- SECTION 1. SHORT TITLE. CONSTRUCTION AND STABILIZA- should work with the Secretary of Defense to TION. This Act may be cited as the ‘‘Reconstruc- augment existing personnel exchange pro- Title I of the State Department Basic Au- tion and Stabilization Civilian Management grams among the Department, the United thorities Act of 1956 (22 U.S.C. 2651 et seq.) is Act of 2007’’. States Agency for International Develop- amended by adding at the end the following SEC. 2. FINDING; PURPOSE. ment, and the Department of Defense, in- new section: (a) FINDING.—Congress finds that the re- cluding the regional commands and the sources of the United States Armed Forces Joint Staff, to enhance the stabilization and ‘‘SEC. 61. RECONSTRUCTION AND STABILIZATION. have been burdened by having to undertake reconstruction skills of military and civilian ‘‘(a) OFFICE OF THE COORDINATOR FOR RE- stabilization and reconstruction tasks in the personnel and their ability to undertake CONSTRUCTION AND STABILIZATION.— Balkans, Afghanistan, Iraq, and other coun- joint operations; and ‘‘(1) ESTABLISHMENT.—There is established tries of the world that could have been per- (6) the heads of other executive agencies within the Department of State the Office of formed by civilians, which has resulted in should establish personnel exchange pro- the Coordinator for Reconstruction and Sta- lengthy deployments for Armed Forces per- grams that are designed to enhance the stabilization. sonnel. bilization and reconstruction skills of mili- ‘‘(2) COORDINATOR FOR RECONSTRUCTION AND (b) PURPOSE.—The purpose of this Act is to tary and civilian personnel. STABILIZATION.—The head of the Office shall provide for the continued development, as a SEC. 5. AUTHORITY TO PROVIDE ASSISTANCE be the Coordinator for Reconstruction and core mission of the Department of State and FOR RECONSTRUCTION AND STA- Stabilization, who shall be appointed by the the United States Agency for International BILIZATION CRISES. President, by and with the advice and con- Development, of an effective expert civilian Chapter 1 of part III of the Foreign Assist- sent of the Senate. The Coordinator shall re- response capability to carry out reconstruc- ance Act of 1961 (22 U.S.C. 2351 et seq.) is port directly to the Secretary and shall have tion and stabilization activities in a country amended by inserting after section 617 the the rank and status of Ambassador at Large. or region that is at risk of, in, or is in transi- following new section: ‘‘(3) FUNCTIONS.—The functions of the Of- tion from, conflict or civil strife. ‘‘SEC. 618. ASSISTANCE FOR A RECONSTRUCTION fice of the Coordinator for Reconstruction SEC. 3. DEFINITIONS. AND STABILIZATION CRISIS. and Stabilization include the following: In this Act: ‘‘(a) ASSISTANCE.— ‘‘(A) Monitoring, in coordination with rel- (1) ADMINISTRATOR.—The term ‘‘Adminis- ‘‘(1) IN GENERAL.—If the President deter- evant bureaus within the Department of trator’’ means the Administrator of the mines that it is important to the national State, political and economic instability

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2007 CONGRESSIONAL RECORD — SENATE S2041 worldwide to anticipate the need for mobi- priate departments and agencies of the vilian Reserve shall include at least 500 per- lizing United States and international assist- United States Government, is authorized to sonnel, who may include retired employees ance for the stabilization and reconstruction establish and maintain a Response Readiness of the United States Government, contractor of countries or regions that are at risk of, in, Corps (hereafter referred to in this sub- personnel, nongovernmental organization or are in transition from, conflict or civil section as the ‘Corps’) to provide assistance personnel, State and local government em- strife. in support of stabilization and reconstruc- ployees, and individuals from the private ‘‘(B) Assessing the various types of station activities in foreign countries or regions sector, who— bilization and reconstruction crises that that are at risk of, in, or are in transition ‘‘(i) have the training and skills necessary could occur and cataloging and monitoring from, conflict or civil strife. to enable them to contribute to stabilization the non-military resources and capabilities ‘‘(2) FEDERAL COMPONENTS.— and reconstruction activities; of Executive agencies that are available to ‘‘(A) ACTIVE AND STANDBY COMPONENTS.— ‘‘(ii) have volunteered to carry out sta- address such crises. The Corps shall have active and standby bilization and reconstruction activities; and ‘‘(C) Planning to address requirements, components consisting of United States Gov- ‘‘(iii) are available for training and deploy- such as demobilization, policing, human ernment personnel as follows: ment to carry out the purpose of the Corps rights monitoring, and public information, ‘‘(i) An active component, consisting of not under paragraph (1). that commonly arise in stabilization and re- more than 250 personnel who are recruited, ‘‘(4) USE OF RESPONSE READINESS CORPS.— construction crises. employed, and trained in accordance with ‘‘(A) FEDERAL ACTIVE COMPONENT.—Mem- ‘‘(D) Coordinating with relevant Executive this paragraph. bers of the active component of the Corps agencies (as that term is defined in section ‘‘(ii) A standby component, consisting of under paragraph (2)(A)(i) are authorized to 105 of title 5, United States Code) to develop not more than 2000 personnel who are re- be available— interagency contingency plans to mobilize cruited and trained in accordance with this ‘‘(i) for activities in direct support of sta- and deploy civilian personnel to address the paragraph. bilization and reconstruction activities; and various types of such crises. ‘‘(B) AUTHORIZED MEMBERS OF STANDBY ‘‘(ii) if not engaged in activities described ‘‘(E) Entering into appropriate arrange- COMPONENT.—Personnel in the standby com- in clause (i), for assignment in the United ments with other Executive agencies to ponent of the Corps may include employees States, United States diplomatic missions, carry out activities under this section and of the Department of State (including For- and United States Agency for International the Reconstruction and Stabilization Civil- eign Service Nationals), employees of the Development missions. ian Management Act of 2007. United States Agency for International De- ‘‘(B) FEDERAL STANDBY COMPONENT AND CI- ‘‘(F) Identifying personnel in State and velopment, employees of any other executive VILIAN RESERVE.—The Secretary may deploy local governments and in the private sector agency (as that term is defined in section 105 members of the Federal standby component who are available to participate in the Re- of title 5, United States Code), and employ- of the Corps under paragraph (2)(A)(ii), and sponse Readiness Corps established under ees of the legislative branch and judicial members of the Civilian Reserve under para- subsection (c) or to otherwise participate in branch of Government— graph (3), in support of stabilization and re- or contribute to stabilization and recon- ‘‘(i) who are assigned to the standby com- construction activities in a foreign country struction activities. ponent by the Secretary following nomina- or region if the President makes a deter- tion for such assignment by the head of the ‘‘(G) Taking steps to ensure that training mination regarding a stabilization and re- department or agency of the United States of civilian personnel to perform such sta- construction crisis under section 618 of the Government concerned or by an appropriate bilization and reconstruction activities is Foreign Assistance Act of 1961.’’. official of the legislative or judicial branch adequate and, as appropriate, includes secu- (b) EMPLOYMENT AUTHORITY.—The full- of Government, as applicable; and rity training that involves exercises and sim- time personnel in the active component of ‘‘(ii) who— ulations with the Armed Forces, including the Response Readiness Corps under section ‘‘(I) have the training and skills necessary the regional commands. 61(c)(2)(A)(i) of the State Department Basic to contribute to stabilization and recon- ‘‘(H) Sharing information and coordinating Authorities Act of 1956 (as added by sub- struction activities; and plans for stabilization and reconstruction ac- ‘‘(II) have volunteered for deployment to section (a)) are in addition to any other full- tivities, as appropriate, with the United Na- carry out stabilization and reconstruction time personnel of the Department or the tions and its specialized agencies, the North activities. United States Agency for International De- Atlantic Treaty Organization, nongovern- velopment authorized to be employed under ‘‘(C) RECRUITMENT AND EMPLOYMENT.—The mental organizations, and other foreign na- recruitment and employment of personnel to any other provision of law. tional and international organizations. the Corps shall be carried out by the Sec- (c) REPORT.—Not later than 180 days after ‘‘(I) Coordinating plans and procedures for retary, the Administrator of the United the date of the enactment of this Act, the joint civilian-military operations with re- States Agency for International Develop- Secretary shall submit to the appropriate spect to stabilization and reconstruction ac- ment, and the heads of the other depart- congressional committees a report on the tivities. ments and agencies of the United States status of efforts to establish the Response ‘‘(J) Maintaining the capacity to field on Government participating in the establish- Readiness Corps under this section. The re- short notice an evaluation team to under- ment and maintenance of the Corps. port should include recommendations for take on-site needs assessment. ‘‘(D) TRAINING.—The Secretary is author- any legislation necessary to implement sec- ‘‘(b) RESPONSE TO STABILIZATION AND RE- ized to train the members of the Corps under tion 61(c) of the State Department Basic Au- CONSTRUCTION CRISIS.—If the President this paragraph to perform services necessary thorities Act of 1956 (as so added). makes a determination regarding a stabiliza- to carry out the purpose of the Corps under SEC. 8. STABILIZATION AND RECONSTRUCTION tion and reconstruction crisis under section paragraph (1). TRAINING AND EDUCATION. 618 of the Foreign Assistance Act of 1961, the ‘‘(E) COMPENSATION.—Members of the ac- Section 701 of the Foreign Service Act of President may designate the Coordinator, or tive component of the Corps under subpara- 1980 (22 U.S.C. 4021) is amended— such other individual as the President may graph (A)(i) shall be compensated in accord- (1) by redesignating subsection (g) as sub- determine appropriate, as the Coordinator of ance with the appropriate salary class for section (h); and the United States response. The individual the Foreign Service, as set forth in sections (2) by inserting after subsection (f) the fol- so designated, or, in the event the President 402 and 403 of the Foreign Service Act of 1980 lowing new subsection: does not make such a designation, the Coor- (22 U.S.C. 3962, 3963), or in accordance with ‘‘(g) STABILIZATION AND RECONSTRUCTION dinator for Reconstruction and Stabiliza- the relevant authority under sections 3101 CURRICULUM.— tion, shall— and 3392 of title 5, United States Code. ‘‘(1) ESTABLISHMENT AND MISSION.—The ‘‘(1) assess the immediate and long-term ‘‘(3) CIVILIAN RESERVE.— Secretary, in cooperation with the Secretary need for resources and civilian personnel; ‘‘(A) CIVILIAN RESERVE.—The Corps shall of Defense and the Secretary of the Army, is ‘‘(2) identify and mobilize non-military re- have a reserve (hereafter referred to in this authorized to establish a stabilization and sources to respond to the crisis; and subsection as the ‘Civilian Reserve’) of non- reconstruction curriculum for use in pro- ‘‘(3) coordinate the activities of the other United States Government personnel who grams of the Foreign Service Institute, the individuals or management team, if any, des- are trained and available as needed to per- National Defense University, and the United ignated by the President to manage the form services necessary to carry out the pur- States Army War College. United States response.’’. pose of the Corps under paragraph (1). The ‘‘(2) CURRICULUM CONTENT.—The cur- SEC. 7. RESPONSE READINESS CORPS. Civilian Reserve shall be established by the riculum should include the following: (a) IN GENERAL.—Section 61 of the State Secretary, in consultation with the Adminis- ‘‘(A) An overview of the global security en- Department Basic Authorities Act of 1956 (as trator of the Unites States Agency for Inter- vironment, including an assessment of added by section 6) is amended by adding at national Development and the heads of other transnational threats and an analysis of the end the following new subsection: appropriate departments and agencies of the United States policy options to address such ‘‘(c) RESPONSE READINESS CORPS.— United States Government. threats. ‘‘(1) IN GENERAL.—The Secretary, in con- ‘‘(B) COMPOSITION.—Beginning not later ‘‘(B) A review of lessons learned from pre- sultation with the Administrator of the than one year after the date of the enact- vious United States and international expe- United States Agency for International De- ment of the Reconstruction and Stabiliza- riences in stabilization and reconstruction velopment and the heads of other appro- tion Civilian Management Act of 2007, the Ci- activities.

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2042 CONGRESSIONAL RECORD — SENATE February 15, 2007 ‘‘(C) An overview of the relevant respon- Administrator concerning the performance carry out stabilization and reconstruction sibilities, capabilities, and limitations of of such services by such individuals). activities in accordance with this Act, grant various Executive agencies (as that term is (b) EXPERTS AND CONSULTANTS.—The Sec- such individual compensatory time off for an defined in section 105 of title 5, United States retary and the Administrator may, to the ex- equal amount of time spent in regularly or Code) and the interactions among them. tent necessary to obtain services without irregularly scheduled overtime work. Credit ‘‘(D) A discussion of the international re- delay, employ experts and consultants under for compensatory time off earned shall not sources available to address stabilization and section 3109 of title 5, United States Code, for form the basis for any additional compensa- reconstruction requirements, including re- the purpose of carrying out this Act, without tion. Any such compensatory time not used sources of the United Nations and its special- requiring compliance with any otherwise ap- within 26 pay periods shall be forfeited. ized agencies, nongovernmental organiza- plicable requirements for that employment (h) ACCEPTANCE OF VOLUNTEER SERVICES.— tions, private and voluntary organizations, as the Secretary or Administrator may de- (1) IN GENERAL.—The Secretary may accept and foreign governments, together with an termine, except that such employment shall volunteer services for the purpose of car- examination of the successes and failures ex- be terminated after 60 days if by that time rying out this Act without regard to section perienced by the United States in working the applicable requirements are not com- 1342 of title 31, United States Code. with such entities. plied with. (2) TYPES OF VOLUNTEERS.—Donors of vol- ‘‘(E) A study of the United States inter- (c) AUTHORITY TO ACCEPT AND ASSIGN DE- untary services accepted for purposes of this agency system. TAILS.—The Secretary is authorized to ac- section may include— ‘‘(F) Foreign language training. cept details or assignments of employees of (A) advisors; ‘‘(G) Training and simulation exercises for Executive agencies, members of the uni- (B) experts; joint civilian-military emergency response formed services, and employees of State or (C) consultants; and operations.’’. local governments on a reimbursable or non- (D) persons performing services in any reimbursable basis for the purpose of car- SEC. 9. SERVICE RELATED TO STABILIZATION other capacity determined appropriate by rying out this Act. The assignment of an em- AND RECONSTRUCTION. the Secretary. ployee of a State or local government under (a) PROMOTION PURPOSES.—Service in sta- (3) SUPERVISION.—The Secretary shall— bilization and reconstruction operations this subsection shall be consistent with sub- (A) ensure that each person performing overseas, membership in the Response Readi- chapter VI of chapter 33 of title 5, United voluntary services accepted under this sec- ness Corps under section 61(c) of the State States Code. tion is notified of the scope of the voluntary (d) DUAL COMPENSATION WAIVER.— Department Basic Authorities Act of 1956 (as services accepted; (1) ANNUITANTS UNDER CIVIL SERVICE RE- added by section 7), and education and train- (B) supervise the volunteer to the same ex- TIREMENT SYSTEM OR FEDERAL EMPLOYEES RE- ing in the stabilization and reconstruction tent as employees receiving compensation TIREMENT SYSTEM.—Notwithstanding sec- curriculum established under section 701(g) for similar services; and tions 8344(i) and 8468(f) of title 5, United of the Foreign Service Act of 1980 (as added (C) ensure that the volunteer has appro- States Code, the Secretary or the head of an- by section 8) should be considered among the priate credentials or is otherwise qualified to other executive agency, as authorized by the favorable factors for the promotion of em- perform in each capacity for which the vol- Secretary, may waive the application of sub- ployees of Executive agencies. unteer’s services are accepted. sections (a) through (h) of such section 8344 (b) PERSONNEL TRAINING AND PROMOTION.— (4) APPLICABILITY OF LAW RELATING TO FED- and subsections (a) through (e) of such sec- The Secretary and the Administrator should ERAL GOVERNMENT EMPLOYEES.—A person tion 8468 with respect to annuitants under take steps to ensure that, not later than 3 providing volunteer services accepted under the Civil Service Retirement System or the years after the date of the enactment of this this section shall not be considered an em- Federal Employees Retirement System who Act, at least 10 percent of the employees of ployee of the Federal Government in the per- are assigned, detailed, or deployed to assist the Department and the United States Agen- formance of those services, except for the in stabilizing and reconstructing a country cy for International Development in the purposes of the following provisions of law: or region that is at risk of, in, or is in transi- United States are members of the Response (A) Chapter 81 of title 5, United States tion from, conflict or civil strife during the Readiness Corps or are trained in the activi- Code, relating to compensation for work-re- period of their reemployment. ties of, or identified for potential deploy- lated injuries. (2) ANNUITANTS UNDER FOREIGN SERVICE RE- ment in support of, the Response Readiness (B) Chapter 11 of title 18, United States TIREMENT AND DISABILITY SYSTEM OR FOREIGN Corps. The Secretary should provide such Code, relating to conflicts of interest. SERVICE PENSION SYSTEM.—The Secretary training as needed to Ambassadors and Dep- (5) APPLICABILITY OF LAW RELATING TO VOL- may waive the application of subsections (a) uty Chiefs of Mission. UNTEER LIABILITY PROTECTION.— through (d) of section 824 of the Foreign (c) OTHER INCENTIVES AND BENEFITS.—The (A) IN GENERAL.—A person providing volun- Service Act (22 U.S.C. 4064) for annuitants Secretary and the Administrator may estab- teer services accepted under this section under the Foreign Service Retirement and lish and administer a system of awards and shall be deemed to be a volunteer of a non- Disability System or the Foreign Service other incentives and benefits to confer ap- profit organization or governmental entity, Pension System who are reemployed on a propriate recognition on and reward any in- with respect to the accepted services, for temporary basis in order to be assigned, de- dividual who is assigned, detailed, or de- purposes of the Volunteer Protection Act of tailed, or deployed to assist in stabilization ployed to carry out stabilization or recon- 1997 (42 U.S.C. 14501 et seq.). and reconstruction activities under this Act. struction activities in accordance with this (B) INAPPLICABILITY OF EXCEPTIONS TO VOL- (e) INCREASE IN PREMIUM PAY CAP.—The Act. Secretary, or the head of another executive UNTEER LIABILITY PROTECTION.—Section 4(d) SEC. 10. AUTHORITIES RELATED TO PERSONNEL. agency as authorized by the Secretary, may of such Act (42 U.S.C. 14503(d)) does not apply (a) CONTRACTING AUTHORITY.— compensate an employee detailed, assigned, with respect to the liability of a person with (1) IN GENERAL.—The Secretary, or the Ad- or deployed to assist in stabilizing and re- respect to services of such person that are ministrator with the concurrence of the Sec- constructing a country or region that is at accepted under this section. retary, may enter into contracts to procure risk of, in, or is in transition from, conflict (i) AUTHORITY FOR OUTSIDE ADVISORS.— the services of nationals of the United States or civil strife, without regard to the limita- (1) IN GENERAL.—The Secretary may estab- (as defined in section 101(a)(22) of the Immi- tions on premium pay set forth in section lish temporary advisory commissions com- gration and Nationality Act (8 U.S.C. 5547 of title 5, United States Code, to the exposed of individuals with appropriate exper- 1101(a)(22)) or aliens authorized to be em- tent that the aggregate of the basic pay and tise to facilitate the carrying out of this Act. ployed in the United States as personal serv- premium pay of such employee for a year (2) INAPPLICABILITY OF FACA.—The require- ices contractors for the purpose of carrying does not exceed the annual rate payable for ments of the Federal Advisory Committee out this Act, without regard to Civil Service level II of the Executive Schedule. Act (5 U.S.C. App.) shall not apply to the ac- or classification laws, for service in the Of- (f) EXTENSION OF CERTAIN FOREIGN SERVICE tivities of a commission established under fice of the Coordinator for Reconstruction BENEFITS.—The Secretary, or the head of an- this subsection. and Stabilization or for service in foreign other executive agency as authorized by the SEC. 11. AUTHORIZATION OF APPROPRIATIONS. countries to assist in stabilizing and recon- Secretary, may extend to any individuals as- There is authorized to be appropriated for structing a country or region that is at risk signed, detailed, or deployed to carry out each fiscal year, $80,000,000 for personnel, of, in, or is in transition from, conflict or stabilization and reconstruction activities in education and training, equipment, and trav- civil strife. accordance with this Act, the benefits or el costs for purposes of carrying out this Act (2) NOT EMPLOYEES.—Individuals per- privileges set forth in sections 412, 413, 704, and the amendments made by this Act (other forming services under contracts described and 901 of the Foreign Service Act of 1980 (22 than the amendment made by section 5). in paragraph (1) shall not by virtue of per- U.S.C. 972, 22 U.S.C. 3973, 22 U.S.C. 4024, and forming such services be considered to be 22 U.S.C. 4081) to the same extent and man- By Mr. LAUTENBERG (for him- employees of the United States Government ner that such benefits and privileges are ex- self, Mr. BROWNBACK, Mr. for purposes of any law administered by the tended to members of the Foreign Service. ENENDEZ EID LIN Office of Personnel Management (except that (g) COMPENSATORY TIME.—Notwithstanding M , Mr. R , Mrs. C - the Secretary or Administrator may deter- any other provision of law, the Secretary TON, Mr. KENNEDY, Mr. DODD, mine the applicability to such individuals of may, subject to the consent of an individual Mr. LIEBERMAN, Mr. FEINGOLD, any law administered by the Secretary or who is assigned, detailed, or deployed to and Mr. COLEMAN):

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2007 CONGRESSIONAL RECORD — SENATE S2043 S. 615. A bill to provide the non- (b) ALIENS ELIGIBLE FOR ADJUSTMENT OF (2) WORK AUTHORIZATION.—The Secretary of immigrant spouses and children of non- STATUS.—The benefits provided by sub- Homeland Security shall authorize an alien immigrant aliens who perished in the section (a) shall apply to any alien who— who has applied for cancellation of removal September 11, 2001, terrorist attacks an (1) was lawfully present in the United under subsection (a) to engage in employ- States as a nonimmigrant alien described in opportunity to adjust their status to ment in the United States during the pend- section 101(a)(15) of the Immigration and Na- ency of such application. that of an alien lawfully admitted for tionality Act (8 U.S.C. 1101(a)(15)) on Sep- (d) MOTIONS TO REOPEN REMOVAL PRO- permanent residence, and for other tember 10, 2001; CEEDINGS.— purposes; to the Committee on the Ju- (2) was, on such date, the spouse, child, de- (1) IN GENERAL.—Notwithstanding any lim- diciary. pendent son, or dependent daughter of an itation imposed by law on motions to reopen Mr. LAUTENBERG. Mr. President, I alien who— removal proceedings (except limitations pre- ask unanimous consent that the full (A) was lawfully present in the United mised on an alien’s conviction of an aggra- text of the bill be printed in the States as a nonimmigrant alien described in vated felony (as defined in section 101(a)(43) RECORD. section 101(a)(15) of the Immigration and Na- of the Immigration and Nationality Act (8 There being no objection, the mate- tionality Act (8 U.S.C. 1101(a)(15)) on such U.S.C. 1101(a)(43))), any alien who has become rial was ordered to be printed in the date; and eligible for cancellation of removal as a re- (B) died as a direct result of a specified ter- sult of the enactment of this section may file RECORD, as follows: rorist activity; and 1 motion to reopen removal proceedings to S. 615 (3) was deemed to be a beneficiary of, and apply for such relief. Be it enacted by the Senate and House of Rep- by, the September 11th Victim Compensation (2) FILING PERIOD.—The Secretary of Home- resentatives of the United States of America in Fund of 2001 (49 U.S.C. 40101 note). land Security shall designate a specific time Congress assembled, (c) STAY OF REMOVAL; WORK AUTHORIZA- period in which all such motions to reopen SECTION 1. SHORT TITLE. TION.— are required to be filed. The period shall This Act may be cited as the ‘‘September (1) IN GENERAL.—The Secretary of Home- begin not later than 60 days after the date of 11 Family Humanitarian Relief and Patriot- land Security shall establish, by regulation, enactment of this Act and shall extend for a ism Act’’. a process by which an alien subject to a final period not to exceed 240 days. SEC. 2. ADJUSTMENT OF STATUS FOR CERTAIN order of removal may seek a stay of such SEC. 4. EXCEPTIONS. NONIMMIGRANT VICTIMS OF TER- order based on the filing of an application Notwithstanding any other provision of RORISM. under subsection (a). this Act, an alien may not be provided relief (a) ADJUSTMENT OF STATUS.— (2) DURING CERTAIN PROCEEDINGS.—Not- under this Act if the alien is— (1) IN GENERAL.—The status of any alien withstanding any provision of the Immigra- (1) inadmissible under paragraph (2) or (3) described in subsection (b) shall be adjusted tion and Nationality Act (8 U.S.C. 1101 et of section 212(a) of the Immigration and Na- by the Secretary of Homeland Security to seq.), the Secretary of Homeland Security tionality Act (8 U.S.C. 1182(a)), or deportable that of an alien lawfully admitted for perma- shall not order any alien to be removed from under paragraph (2) or (4) of section 237(a) of nent residence, if the alien— the United States, if the alien is in removal (A) applies for such adjustment not later such Act (8 U.S.C. 1227(a)), including any in- proceedings under any provision of such Act than 2 years after the date on which the Sec- dividual culpable for a specified terrorist ac- and has applied for adjustment of status retary promulgates final regulations to im- tivity; or under subsection (a), except where the Sec- plement this section; and (2) a family member of an alien described retary has rendered a final administrative (B) is otherwise admissible to the United in paragraph (1). determination to deny the application. States for permanent residence, except in de- SEC. 5. EVIDENCE OF DEATH. (3) WORK AUTHORIZATION.—The Secretary of termining such admissibility the grounds for For purposes of this Act, the Secretary of Homeland Security shall authorize an alien inadmissibility specified in paragraphs (4), Homeland Security shall use the standards who has applied for adjustment of status (5), (6)(A), (7)(A), and (9)(B) of section 212(a) established under section 426 of the Uniting under subsection (a) to engage in employ- of the Immigration and Nationality Act (8 and Strengthening America by Providing Ap- ment in the United States during the pend- U.S.C. 1182(a)) shall not apply. propriate Tools Required to Intercept and ency of such application. (2) RULES IN APPLYING CERTAIN PROVI- Obstruct Terrorism (USA PATRIOT ACT) (d) AVAILABILITY OF ADMINISTRATIVE RE- SIONS.— Act of 2001 (115 Stat. 362) in determining VIEW.—The Secretary of Homeland Security (A) IN GENERAL.—In the case of an alien de- whether death occurred as a direct result of shall provide to applicants for adjustment of scribed in subsection (b) who is applying for a specified terrorist activity. status under subsection (a) the same right adjustment of status under this section— SEC. 6. DEFINITIONS. to, and procedures for, administrative review (i) the provisions of section 241(a)(5) of the (a) APPLICATION OF IMMIGRATION AND NA- as are provided to— Immigration and Nationality Act (8 U.S.C. TIONALITY ACT PROVISIONS.—Except as other- (1) applicants for adjustment of status 1231(a)(5)) shall not apply; and wise specifically provided in this Act, the under section 245 of the Immigration and Na- (ii) the Secretary of Homeland Security definitions used in the Immigration and Na- tionality Act (8 U.S.C. 1255); or may grant the alien a waiver on the grounds tionality Act (8 U.S.C. 1101 et seq.), other (2) aliens subject to removal proceedings of inadmissibility under subparagraphs (A) than the definitions applicable exclusively to under section 240 of such Act (8 U.S.C. 1229a). and (C) of section 212(a)(9) of such Act (8 title III of such Act, shall apply in the ad- SEC. 3. CANCELLATION OF REMOVAL FOR CER- ministration of this Act. U.S.C. 1182(a)(9)). TAIN IMMIGRANT VICTIMS OF TER- PECIFIED ERRORIST CTIVITY (B) STANDARDS.—In granting waivers under RORISM. (b) S T A .—For purposes of this Act, the term ‘‘specified ter- subparagraph (A)(ii), the Secretary shall use (a) IN GENERAL.—Subject to the provisions standards used in granting consent under of the Immigration and Nationality Act (8 rorist activity’’ means any terrorist activity subparagraphs (A)(iii) and (C)(ii) of such sec- U.S.C. 1101 et seq.), other than subsections conducted against the Government or the tion 212(a)(9). (b)(1), (d)(1), and (e) of section 240A of such people of the United States on September 11, (3) RELATIONSHIP OF APPLICATION TO CER- Act (8 U.S.C. 1229b), the Secretary of Home- 2001. TAIN ORDERS.— land Security shall, under such section 240A, (A) APPLICATION PERMITTED.—An alien cancel the removal of, and adjust to the sta- By Ms. COLLINS (for herself and present in the United States who has been tus of an alien lawfully admitted for perma- Mr. FEINGOLD): ordered excluded, deported, removed, or or- nent residence, an alien described in sub- S. 616. A bill to promote health care dered to depart voluntarily from the United section (b), if the alien applies for such re- coverage parity for individuals partici- States under any provision of the Immigra- lief. pating in legal recreational activities tion and Nationality Act (8 U.S.C. 1101 et (b) ALIENS ELIGIBLE FOR CANCELLATION OF or legal transportation activities; to seq.) may, notwithstanding such order, apply REMOVAL.—The benefits provided by sub- the Committee on Health, Education, for adjustment of status under paragraph (1). section (a) shall apply to any alien who— Labor, and Pensions. (B) MOTION NOT REQUIRED.—An alien de- (1) was, on September 10, 2001, the spouse, scribed in subparagraph (A) may not be re- child, dependent son, or dependent daughter Ms. COLLINS. Mr. President, I am quired, as a condition of submitting or of an alien who died as a direct result of a pleased to join with my colleague from granting such application, to file a separate specified terrorist activity; and Wisconsin, Senator FEINGOLD, in intro- motion to reopen, reconsider, or vacate such (2) was deemed to be a beneficiary of, and ducing legislation to prohibit health order. by, the September 11th Victim Compensation insurers from denying benefits to plan (C) EFFECT OF DECISION.—If the Secretary Fund of 2001 (49 U.S.C. 40101 note). participants if they are injured while of Homeland Security grants a request under (c) STAY OF REMOVAL; WORK AUTHORIZA- engaging in legal recreational activi- subparagraph (A), the Secretary shall cancel TION.— ties like skiing, snowmobiling, or the order. If the Secretary renders a final ad- (1) IN GENERAL.—The Secretary of Home- ministrative decision to deny the request, land Security shall provide by regulation for horseback riding. the order shall be effective and enforceable an alien subject to a final order of removal Among the many rules that were to the same extent as if the application had to seek a stay of such order based on the fil- issued at the end of the Clinton admin- not been made. ing of an application under subsection (a). istration was one that was intended to

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2044 CONGRESSIONAL RECORD — SENATE February 15, 2007 ensure non-discrimination in health stand, millions of Americans will be Mr. LEAHY. Mr. President, so people coverage in the group market. This forced to forgo recreational activities understand. I know the Senator from rule was issued jointly on January 8, that they currently enjoy lest they Pennsylvania has spoken briefly about 2001, by the Department of Labor, the have an accident and find out that they this and had remarks on it printed in Internal Revenue Service and the are not covered for needed care result- the RECORD. Health Care Financing Administra- ing from that accident. Our Nation’s competition laws are tion—now the Centers for Medicare and The legislation that we are intro- powerful tools to ensure that consumer Medicaid Services—in accordance with ducing today will clarify that individ- welfare is the benchmark of fair and the Health Insurance Portability and uals participating in activities rou- accountable industry practices. These Accountability Act, HIPAA, of 1996. tinely enjoyed by millions of Ameri- competition laws are what make busi- While I was pleased that the rule pro- cans cannot be denied access to health nesses work in America. The vast ma- hibits health plans and issuers from de- care coverage or health benefits as a jority of the companies doing business nying coverage to individuals who en- result of their activities. The bill in the United States are subject to our gage in certain types of recreational should not be controversial. In fact, it antitrust laws. Consumers benefit from activities, such as skiing, horseback passed the Senate by unanimous con- lower prices, more choices, better serv- riding, snowmobiling or motorcycling, sent at the end of the 108th Congress. ices. I am concerned that it would allow in- I am therefore hopeful that we will There are only a few industries that surers to deny health benefits for an be able to move quickly on this legisla- operate outside the Federal antitrust otherwise covered injury that results tion this year, and I urge all of my col- laws. The bipartisan measure I have in- leagues to join us as cosponsors. troduced would end the insurance in- from participation in these activities. dustry’s exemption from the require- The rule states that ‘‘While a person By Mr. SMITH: cannot be excluded from a plan for en- ment of those laws. I am joined in this S. 617. A bill to make the National effort, as I said before, by the ranking gaging in certain recreational activi- Parks and Federal Recreational Lands ties, benefits for a particular injury member of the Senate Judiciary Com- Pass available at a discount to certain mittee. Senator SPECTER has a strong can, in some cases, be excluded based veterans; to the Committee on Energy on the source of the injury.’’ A plan record of supporting effective competi- and Natural Resources. tion in every industry through our could, for example, include a general Mr. SMITH. Mr. President, I rise antitrust laws. Of course, as I have also exclusion for injuries sustained while today to introduce the Veterans Eagle said, I am joined by the majority lead- doing a specified list of recreational ac- Parks Pass Act. This legislation would er and by Senator LOTT, who is the dep- tivities, even though treatment for provide admission to any Federal park uty Republican leader. those injuries—a broken arm, for in- that charges an admissions fee by cre- Senator LOTT probably wishes he was stance—would have been covered under ating a ‘‘Veterans Eagle Pass’’ for hon- not in this position, but he represents the plan if the individual had tripped orably discharged veterans. I am many of the gulf coast residents who pleased to continue the efforts of my and fallen. can speak personally and painfully to Because of this loophole, an indi- colleague Congressman THOMAS REY- the abuses that insurers can wreak on vidual who was injured while skiing or NOLDS, who performed yeoman’s work their policyholders. The insurance in- to introduce and push forward this leg- running could be denied health care dustry’s practices affect us all. Perhaps islation in the House of Representa- coverage, while someone who is injured nowhere has the industry and its prac- while drinking and driving a car would tives. Currently, an annual America the tices come under as much scrutiny as be protected. along the gulf coast in the wake of hur- This clearly is contrary to Congres- Beautiful lands pass is available to ricanes Katrina and Rita. Insurers have sional intent. One of the purposes of anyone for eighty dollars. My legisla- been too often denying claims and de- HIPAA was to prohibit plans and tion would allow honorably discharged laying payments to residents along the issuers from establishing eligibility veterans to buy an annual pass for only gulf coast instead of honoring their rules for health coverage based on cer- ten dollars. I feel very strongly that those who fought so hard to protect our contractual commitments. The behav- tain health-related factors, including ior of insurers in Mississippi has been evidence of insurability. To underscore great nation should have better and easier access to its public lands. It is so outrageous that the State’s attorney that point, the conference report lan- general recently convened a grand jury guage stated that ‘‘the inclusion of evi- only fitting to offer our veterans improved entrance to America’s great to investigate some of the practices. dence of insurability in the definition It seems to me, insurance companies of health status is intended to ensure, public lands like Yosemite National Park in California, Fort Sumter Na- are very eager to collect premiums among other things, that individuals when times are good but reluctant to are not excluded from health care cov- tional Monument in South Carolina, Arthur R. Marshall Loxahatchee Na- compensate policyholders when trag- erage due to their participation in ac- edy strikes. Senator LOTT knows all tivities such as motorcycling, tional Wildlife Refuge in Florida, and Crater Lake National Park in my home too well the difficulties his constitu- snowmobiling, all-terrain vehicle ents have had with insurers. His State riding, horseback riding, skiing and State of Oregon. America’s terrain is diverse, from was hit hard by Hurricane Katrina. I other similar activities.’’ The con- flat plains to high mountains, raging commend the Senator from Mississippi ference report also states that ‘‘this rivers to still lakes. Our country is for his tireless efforts in trying to en- provision is meant to prohibit insurers truly bountiful. Many veterans are sure resources are in place to rebuild. I or employers from excluding employees avid outdoorsmen and understand the know he is joined in that effort by his in a group from coverage or charging value and quality of our land. In a time colleague from Mississippi, Senator them higher premiums based on their of such turmoil abroad, I see no more COCHRAN. health status and other related factors appropriate opportunity to reward our I have worked with others to support that could lead to higher health costs.’’ veterans for their commitment and efforts to rebuild the Gulf Coast. Most Mr. PRESIDENT, millions of Ameri- service to our nation. recently, I was pleased to assist Sen- cans participate in these legal and I am pleased that this legislation has ator LANDRIEU in her successful efforts common recreational activities which, received the support of the American to convince the Attorney General to if practiced with appropriate pre- Legion, AMVETS, and Veterans of For- dispatch additional law enforcement to cautions, do not significantly increase eign Wars. We owe it to our veterans to the New Orleans region. People in the the likelihood of serious injury. More- provide them with this service. gulf coast are Americans. They are our over, in enacting HIPAA, Congress sim- fellow citizens. They have been utterly ply did not intend that people would be By Mr. LEAHY (for himself, Mr. failed by a woefully unprepared Gov- allowed to purchase health insurance SPECTER, Mr. LOTT, Mr. REID, ernment, and they should not also be only to find out, after the fact, that and Ms. LANDRIEU): bullied and neglected by insurance they have no coverage for an injury re- S. 618. A bill to further competition companies in their time of need. sulting from a common recreational in the insurance industry; to the Com- The insurance industry has operated activity. If this rule is allowed to mittee on the Judiciary. largely beyond the reach of Federal

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2007 CONGRESSIONAL RECORD — SENATE S2045 antitrust laws for more than six dec- Katrina, and I commend him on his tireless from Hurricane Katrina, which will be ades. Assuming there ever was a jus- efforts to ensure that resources are in place amplified by the distinguished Senator tification to exempt insurers from Fed- to rebuild. I have worked with them in other from Mississippi, Mr. LOTT, there is a eral Government oversight, I find it contexts to support efforts to rebuild the more pressing need to enter into this gulf coast. Most recently, I was honored to hard to believe there is still a reason to have assisted Senator LANDRIEU in her suc- arena. exempt them—not in the age of instant cessful efforts to convince the attorney gen- There have been various attempts communication, the age of the Inter- eral to dispatch additional law enforcement over the years to limit McCarran-Fer- net, or the ability to compare not only to the New Orleans region. guson, and they have not succeeded be- risks but payments. In fact, we need Our fellow citizens on the gulf coast who cause, as amplified in a more detailed real oversight, which can be brought have had to cope with the devastation and statement which I will include for the destruction of the 2005 hurricanes, and who about by removing them from the anti- RECORD, there were safe harbors pro- trust exemption. We deserve confidence were utterly failed by their woefully unpre- posed. They became very complicated. pared government, should not also be bullied that the industry is not engaging in or neglected by insurance companies in their We have provided in this legislation the most egregious forms of anti- time of need—insurance companies whose that the Commission decide what is to competitive conduct, such as price-fix- business is based on compensating people be violative of the antitrust laws, a ing, agreements not to pay, or market after a tragic loss. line which has been successful on the allocation. Unfortunately, the insurance industry has health industry. Antitrust laws are the beacon of good operated largely beyond the reach of federal The economy of the United States competition policy. Insurers may ob- antitrust laws for more than six decades. If functions much better when the anti- there ever was, there is no longer any jus- ject to being subject to the same anti- tification to exempt the insurance industry trust laws are available and enforce- trust laws as everyone else, but why from federal government oversight. able. We see a great many problems at shouldn’t they be subject to the same Such oversight could provide confidence the present time with what is hap- laws as every other company in this that the industry is not engaging in the most pening with the sports teams. The Na- country? If they are operating in an egregious forms of anticompetitive con- tional Football League enjoys a lim- honest and appropriate and open way, duct—price fixing, agreements not to pay, ited antitrust exemption, and they are they have nothing to fear. and market allocations. proposing the Sunday ticket to I have more on this, but I ask unani- The Insurance Industry Competition Act DIRECTV, which has a monopoly. we introduce today will simply give the De- mous consent that my full statement partment of Justice and the Federal Trade Cable companies can’t get the Sunday be placed in the RECORD. Commission the authority to apply the anti- ticket. They now have the Thursday to There being no objection, the mate- trust laws to anticompetitive behavior by in- Saturday ticket. It is only on the NFL rial was ordered to be printed in the surance companies. Our antitrust laws are channel. I had a talk with the commis- RECORD as follows: the beacon of good competition policy. Com- sioner of the NFL recently, who was Mr. LEAHY. Mr. President, to reiterate, petition is good for consumers and good for living in New York City, and he our Nation’s competition laws are powerful our economy. couldn’t get the Sunday ticket because tools to ensure that consumer welfare is the Insurers may object to being subject to the his highrise wouldn’t allow him to put same antitrust laws as everyone else, but if benchmark for fair and accountable industry a dish on top of the building. practices. The vast majority of the compa- they are operating in an honest and appropriate way, they should have nothing to fear. May I note for the record the distin- nies doing business in the United States are guished junior Senator from Montana subject to the strictures of the antitrust American consumers and American busi- laws, and consumers benefit through lower nesses rely on insurance—it is a vital part of is nodding in the affirmative. He lives prices, more choices, and better services. our economy—and they have the right to be in an area—now he is smiling. He lives Only a few industries operate outside the confident that the cost of their insurance, in an area where you need a satellite, federal antitrust laws, and I am pleased to and the decisions by their insurance carriers and his constituents do, and some of introduce today a bipartisan measure that about which claims will be paid, reflect com- mine in Pennsylvania do, and in my petitive market conditions, not collusive be- will end the insurance industry’s exemption home State of Kansas. Now baseball is from the requirements of those laws. havior. I thank Senator REID and Senator SPECTER coming along with extra innings and I am joined in this effort by the ranking exclusive to DIRECTV. member of the Senate Judiciary Committee for joining me in this important effort. And who has a strong record of supporting effec- I thank Senator LOTT for his support, and for The impact of the antitrust exemp- tive competition in every industry through using the lessons of his constituents’ experi- tion on the insurance industry has our antitrust laws. I am joined as well by ences to shed light on an industry that for been even more profound. But it is too long, in too many ways, has been out of Senator REID and Senator LOTT. Senator noted when we have the Federal Trade the reach of federal antitrust authorities. LOTT represents many of the gulf coast resi- Commission authorized to issue guide- dents who can speak personally, and pain- Mr. LEAHY. Mr. President, I see the lines in identifying joint practices fully, to the abuses that insurers can wreak Senator from Mississippi on the floor where the antitrust concerns ought to on their policy holders. and the Senator from Pennsylvania. If be addressed, that is the way to ap- Insurance industry practices affect all of they are seeking time, I would ask how us. They affect each of our constituents; proach it, as the Federal Trade Com- much time they need. mission did in the health care industry. they affect every business in every state. But Mr. LOTT. Mr. President, I wish to perhaps nowhere has the industry and its I think this is a significant step for- practices come under as much scrutiny as withhold until the Senator from Penn- ward, and I am glad to see that the ma- along the gulf coast in the wake of Hurri- sylvania makes his brief remarks. jority leader, Senator REID, is behind canes Katrina and Rita. Insurers have been Mr. LEAHY. How much time does the this legislation. We can pass it out of too often denying claims and delaying pay- Senator from Pennsylvania want? Be- committee, we can take it up on the outs to residents along the gulf coast instead cause this is coming out of time I had Senate floor, and I think we can proof honoring their contractual commitments set aside for something else. to their customers, and thereby contributing vide better protection for the American Mr. SPECTER. Less than 5 minutes. consumers. to the rebuilding and rejuvenation of the Mr. LEAHY. I yield 5 minutes to the area. Mr. President, I ask unanimous con- The behavior of insurers in Mississippi has Senator from Pennsylvania. sent that the full text of my statement The PRESIDING OFFICER. Without been so outrageous that the state’s attorney be included in the RECORD. general recently convened a grand jury to in- objection, it is so ordered. There being no objection, the mate- vestigate certain practices. Hundreds of pol- Mr. SPECTER. Mr. President, I rial was ordered to be printed in the icyholders had to go to court to force the in- thank my distinguished colleague from RECORD, as follows: surance companies to fulfill their obliga- Vermont. tions. As noted earlier, legislation was in- INSURANCE INDUSTRY ANTITRUST ENFORCEMENT ACT OF 2007 It seems some insurance companies are troduced in the last Congress by Sen- eager to collect premiums when times are Mr. SPECTER. Mr. President, the Insur- ator LEAHY and myself and others to good, but reluctant to aid policyholders ance Industry Antitrust Enforcement Act of when tragedy strikes. deal with the problem of the McCarran- 2007 would subject the insurance industry to Senator LOTT knows all too well the dif- Ferguson Act. We held hearings on this the antitrust laws which apply to almost ficulties his constituents have had with in- matter in the Judiciary Committee. On every other industry in America. Congress surers. His state was hit hard by Hurricane recent matters which have evolved enacted the McCarran-Ferguson Act in 1945

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2046 CONGRESSIONAL RECORD — SENATE February 15, 2007 in response to a controversial Supreme Court try that might otherwise violate the anti- Mr. LEAHY. How much time would case in which the Court held that the busi- trust laws, this legislation would exempt the distinguished Senator need? ness of insurance constituted interstate com- that practice from the antitrust laws. Anti- Mr. LOTT. Probably 5 or 6 minutes. merce. That ruling opened the door to fed- trust law does not generally apply where a How much would you have left then? I eral regulation of insurance, a business that state is actively regulating an industry. This had historically been regulated and taxed by is as it should be and the legislation I intro- don’t want to eat up all your time. the states. McCarran-Ferguson reaffirmed duce today, the Insurance Industry Antitrust Mr. LEAHY. Again, we are using the power of the states to regulate and tax Act of 2007, incorporates that standard. time that I—Mr. President, I ask unan- insurance. The Judiciary Committee held a hearing imous consent that my time be ex- In doing so, Congress exempted the insur- on this issue in May. During the hearing, tended by 6 minutes, and that I be al- ance industry practices from antitrust scru- Marc Racicot, the President of the American lowed to yield that 6 minutes to the tiny to the extent that such practices are Insurance Association, a trade association Senator from Mississippi. ‘‘regulated by state law.’’ Since then, the composed of the nation’s largest insurers, ac- The PRESIDING OFFICER. Without courts have liberally interpreted the phrase knowledged that ‘‘every state provides some objection, it is so ordered. ‘‘regulated by state law.’’ They have held form of antitrust regulation of insurers.’’ In Mr. LOTT. Mr. President, let me say that insurance industry practices are exempt other words, many states already enforce from the antitrust laws so long as regulators their state antitrust laws with respect to in- at the beginning, I appreciate the cour- have been given jurisdiction over the chal- surers. So, I have to ask, why have we tied tesy of the Senator from Vermont and lenged practices—regardless of whether the the hands of federal antitrust enforcers? his comments on our effort here; also, regulators ever exercise that jurisdiction. The insurers will argue that repealing the my colleague from Pennsylvania, Sen- Over the years, state regulators have ei- antitrust exemption for insurers will create ator SPECTER, whom I have discussed ther chosen not to regulate, or failed to reg- uncertainty by throwing into question the this issue with several times over the ulate, practices that would have violated the legality of every joint practice engaged in by past year. antitrust laws absent McCarran-Ferguson. insurers. They will argue that the legality of Let me begin at the beginning of this each joint practice will have to be litigated With McCarran-Ferguson, such practices es- effort. I thank my colleagues for this cape both regulatory and federal antitrust in court. However, this bill has been drafted oversight. The most notorious practices to to avoid such litigation. Rather than incor- bipartisan effort. It shows what we can come to light involved bid-rigging and cus- porating a laundry list of safe harbors, an do when we work together. Now, we tomer allocation by insurance broker Marsh approach that was taken in the past, the bill have a long road to go, but this is being & McClennan and several of the nation’s would allow the Federal Trade Commission introduced as a bipartisan measure largest insurers. Under the scheme, Marsh to issue guidelines identifying joint prac- with leaders from both sides and lead- steered unsuspecting clients to insurers with tices that do not raise antitrust concerns ers of the Judiciary Committee joining which it had lucrative payoff agreements. To and would therefore not face scrutiny from in cosponsoring this legislation. make the scheme work, Marsh solicited ficti- antitrust enforcers. How did I get interested in this area? This is a job for which the Commission is tious bids from other complicit insurers to Well, it is like so many things in my make the bid submitted by the selected in- well equipped. In the past, the Commission surer—the one that offered Marsh the high- along with the Justice Department issued life that go back only until August 29, est payoff—seem competitive. ‘‘Statements of Antitrust Enforcement Pol- 2005, when Hurricane Katrina dev- Even though the scheme eliminated com- icy in Health Care.’’ The Health Care State- astated my hometown and the area of petition among the insurance companies ments identified joint conduct by health my State that I love so much, Mis- that were involved, those companies could care providers that did not raise antitrust sissippi and the gulf coast area. I had not be prosecuted under federal antitrust concerns and therefore would likely escape been active in years gone by actually law. Several states prosecuted the insurance scrutiny by antitrust enforcers. The Health in the insurance area. I had done some Care Statements were designed to give companies under a variety of state laws, in- law practice in that area. I had done cluding antitrust laws, but federal prosecu- health care providers certainty about the le- tors could not bring their significant re- gality of their joint conduct under the anti- some defense work. But I never had be- sources to bear. There simply is no justifica- trust laws. Similar guidelines for the insur- come steeped in the laws that apply to tion for that. Federal law enforcement ance industry would provide insurers with the industry because most of the time should have the power to prosecute such bla- certainty, but at the same time, would en- I was dealing with an automobile acci- tant violations of the antitrust laws. sure that joint practices that are anti- dent case or something of that nature. This is not the first attempt to subject the competitive receive scrutiny from the anti- Well, after Hurricane Katrina we insurance industry to federal antitrust law. trust enforcement agencies. learned a lot of lessons, and we found a In the wake of numerous insolvencies, mis- Although many insurers oppose repeal of their antitrust exemption, others support a lot of new concerns in areas where we management and other misconduct by insur- had to take action. One of the commit- ers in the late 1980s, legislation was intro- repeal. In particular, the Antitrust Section duced repealing the exemption. That legisla- of the American Bar Association has long ments I have made to the people—and tion, introduced by Congressman Brooks, supported repeal. During the Judiciary Com- to the Senate because the Senate has faced opposition from insurers who claimed mittee’s hearing, the current head of the been so good in helping us in our recov- that many industry practices engaged in Antitrust Section, Donald Klawiter noted ery effort, in changing the laws where jointly by insurance companies were pro- the Section’s nearly 20-year history of sup- applicable, the Stafford Act, in pro- competitive and necessary for smaller insur- porting repeal. Klawiter testified that ‘‘the viding funds. But one of the commit- benefits of antitrust exemptions almost ers. The legislation provided a safe harbor, ments I made as a result of that is to specifically listing the practices of insurance never outweigh the potential harm imposed on society by the loss of competition.’’ At make sure we take a look at what hap- companies that would be exempt from the pened to us. What did we learn from antitrust laws. However, it proved impos- the same hearing, Robert Hunter, testifying sible to craft a list of safe harbors for all the on behalf of the Consumer Federation of Katrina? What can we do to have more information that competing insurers claimed America, concluded that ‘‘application of the laws and the right things in place after they needed to share with one another. This antitrust laws to the insurance industry the next natural disaster—and there bill has avoided that problem. could result in double-digit savings for will be one—or any kind of cata- More recently, some have argued that the America’s insurance consumers.’’ strophic disaster? We learned that the It is my hope that this legislation will answer to insurance industry ills is full fed- laws were not what they should be. eral regulation. I do not necessarily believe bring the benefits of competition to the insurance industry and to consumers. Too They needed to be changed. We have that stripping the states of their authority changed them some and we need to to regulate the insurance industry is the an- many consumers are paying too much for in- swer. This bill does not do that. It allows surance due to the collusive atmosphere that change them some more. We learned states to continue to regulate their insur- exists in the insurance industry. This has be- the Federal agencies weren’t nec- ance industries. However, the existence of come a particular problem along the Gulf essarily set up properly to do what state regulation is no reason to prevent fed- Coast, where insurers have shared hurricane needed to be done in the aftermath of a eral prosecutors from going after antitrust loss projections, which may result in double- disaster. We had questions about home- digit premium increases for Gulf Coast violators. And, there is no reason to prevent land security and the Federal Emer- federal prosecutors from going after anti- homeowners. I strongly urge Members who are con- gency Management Administration and trust violators just because those violators cerned about industry exemption from the how the military, the Coast Guard, and happen to work for insurance companies. As I have said, allowing federal prosecutors antitrust laws and collusive insurance indus- everybody interplayed together. So we to go after those who violate the antitrust try practices to support this important piece have been trying to make those correc- laws will not prevent states from regulating of legislation. tions. the insurance industry. If a state is actively Mr. LOTT. Mr. President, may I get We need to ask ourselves: Do we need supervising practices by its insurance indus- some time under the agreement? to give some additional thought to how

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2007 CONGRESSIONAL RECORD — SENATE S2047 we deal on a national level with the make sure there are not anticompeti- partment of Justice and the Federal coverage of people or how we help them tive activities, to make sure there is no Trade Commission the authority to recover? Do we need a national cata- colluding? I think we need to take a se- apply the antitrust laws to anti- strophic insurance program? I don’t rious look at that. This legislation competitive behavior by insurance know that I am satisfied I know the would do that. It would take away that companies. Such oversight could en- answer yet, but I think we need to ask exemption. It would make the insur- sure that the industry is not engaging that question in advance. ance industry subject to the same cov- in the most egregious forms of anti- I also found, to my absolute horror, erage of almost every other corpora- competitive conduct—price fixing, something I should have known, which tion in America: antitrust legislation. agreements not to pay, and market al- is that the insurance industry is not I know my time has expired. I thank locations. This Act would not affect covered by antitrust laws. They have a the Chair for his leniency. I thank Sen- the ability of each State to regulate waiver. I said: How could that be? I re- ator LEAHY for doing this. I look for- the business of insurance. member hearing discussion over the ward to having the hearings and testi- If insurers around the country are years about the McCarran-Ferguson fying. This is wrong, Mr. President, operating in an honest and appropriate Act, but I never focused on it. When I and the Senate in a bipartisan way way, they should not object to being realized that ratesetting and actually should, and I believe will, correct it. answerable under the same Federal policy actions by the industry were not I yield the floor. antitrust laws as virtually all other covered by antitrust laws, I was Mr. LEAHY. Mr. President, I thank businesses. American consumers should stunned. I understand you need a lot of my friend from Mississippi, and I am be confident that the cost of their in- information to decide on rates, but proud to be joining with him on this. surance reflects competitive market that information can be used back and He and I have discussed this several conditions, not collusive behavior, and forth to in effect set rates as an indus- times over the past several months. I they should benefit through lower try without making sure that it is not told him last fall I would join with him prices, more choices, and better serv- done in an anticompetitive way. Do on such legislation, and I am proud to ices. you mean that under this exemption, do so. Perhaps nowhere has the insurance that companies could collude on what Mr. REID. Mr. President, I want to industry and its practices come under actions they take or, even worse, what express my support for the ‘‘Insurance as much scrutiny as along the Gulf actions they don’t take, which is what Industry Competition Act of 2007,’’ Coast in the wake of Hurricanes we got into after Hurricane Katrina? which repeals the well-known Katrina and Rita. Just yesterday, the AP reported that ‘‘State Farm Insur- We had companies basically saying: Oh, McCarran-Ferguson Act. McCarran- ance Cos. is suspending sales of any no, no, you are covered by Federal Ferguson gave States the authority to new commercial or homeowner policies flood insurance. We don’t have to pay regulate the business of insurance and in Mississippi starting Friday.’’ I ask under the household policies for wind exempted insurance from the Federal Unanimous Consent that a news article damage. antitrust laws. Unfortunately, So as I got into it, I found that this McCarran-Ferguson came about as a dated February 14, 2007, from the Asso- happened back in 1944. At that point, result of a Senator from my State of ciated Press be printed in the RECORD. there was regulation of the insurance Nevada, McCarran, and a Senator from Insurers have been too often denying claims and delaying payouts to resi- industry, but there was a case styled Michigan, Ferguson. It was passed to dents of New Orleans and all along the the United States v. South Eastern Un- give a few years of relief to the insur- Gulf Coast instead of honoring their derwriters Association which caused a ance industry. In 1944, the United contractual commitments to their cus- change in how insurers were regulated. States Supreme Court ruled against tomers, and thereby contributing to Then the Congress immediately acted the industry-wide practice of cooper- the rebuilding and rejuvenation of the and said: Oh, no, we are going to say ating to set premium prices in United area. We need to act now to end this that federal antitrust laws do not States v. Southeastern Underwriters practice. I thank Senators LEAHY, apply to this industry. Association. Insurers argued that most SPECTER, and LOTT for their work on Soon the courts got into this issue companies were too small to rely solely this important legislation. and took a look at what happened. on their own experience in setting pre- There being no objection, the article miums. As a result of these protests They looked at the record. There were was ordered to be printed in the no hearings in the Senate. It was the McCarran-Ferguson Act was passed RECORD, as follows: passed quickly on a voice vote, and it by Congress in 1945, exempting insur- STATE FARM: NO NEW POLICIES IN MISS. went quickly through the House. The ance-rate fixing from the Sherman (By Michael Kunzelman) conference report was debated for 2 Antitrust Act, and placing responsibility for industry regulation in the State Farm Insurance Cos. is suspending days by the Senate, and most of the de- sales of any new commercial or homeowner bate, as I have looked at it, looks as hands of state governments. policies in Mississippi starting Friday, citing though everybody thought this was Now, some 60 plus years later, insur- in part a wave of litigation it has faced after going to be a temporary moratorium. ance companies are the only busi- Hurricane Katrina, a company official said However, that is not the way the nesses—other than Major League Base- Wednesday. courts have interpreted the laws. ball—not subject to antitrust laws. Mike Fernandez, vice president of public Under the McCarran-Ferguson Act, Congress began investigating the effec- affairs for State Farm, said Mississippi’s insurers are exempt from antitrust tiveness of State insurance regulation ‘‘current legal and political environment is simply untenable. We’re just not in a posi- scrutiny, so long as they are regulated in 1958, under the oversight of Senator tion to accept any additional risk in this by State law. Then you get into a O’Mahoney, who had been a principal homeowners’ market.’’ patchwork of State laws: Do the States architect of the McCarran-Ferguson Fernandez said the action was not a direct actively regulate them? Is there a proc- Act, and found State regulation lack- response to any specific development in the ess for antitrust activities to be consid- ing, incapable of dealing with inter- litigation. That litigation has included a re- ered? state and international issues, and un- cent federal jury’s $2.5 million punitive dam- Over the years, many have advocated age award to a policyholder who sued State willing or unable to ‘‘bring the bless- Farm for refusing to cover the 2005 hurri- the repeal of this antitrust exemption. ings of competition’’ to insurance rate- cane’s storm surge damage. The Judiciary Committee had hearings making. The same thing is true today, State Farm, the largest homeowners in- on this last summer. The American Bar and its time we take action to remedy surer in Mississippi with more than 30 per- Association’s antitrust section noted this situation. The rationale for this cent of the market, agreed to settle hundreds that the organization for nearly 20 exemption has long since passed. Insur- of lawsuits by policyholders and reopen and years has supported repeal of this ex- ance should be like any other busi- pay thousands of other disputed claims. The landmark deal is potentially worth hundreds emption. Look, there is a unique role ness—subject to antitrust laws. of millions of dollars for Mississippi home- for States to deal with insurance ques- Senator LEAHY’s bill would accom- owners devastated by Katrina. tions and needs in those States, but my plish this. ‘‘The Insurance Industry question beyond that is: Should the Competition Act of 2007’’ would repeal By Mr. FEINGOLD (for himself Federal Government have the right to the exemption and simply give the De- and Ms. MIKULSKI):

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2048 CONGRESSIONAL RECORD — SENATE February 15, 2007 S. 620. A bill to establish a dem- shortage of health care workers. Con- This bill will help provide commu- onstration project to train unemployed gress has made some progress in ad- nities with the resources they need to workers for employment as health care dressing the nursing shortage, but we run retraining programs for the health professionals, and for other purposes; need to expand our efforts. Shortages professions. The funds could be used for to the Committee on Health, Edu- of health professionals pose a real a variety of purposes, from increasing cation, Labor, and Pensions. threat to the health of our commu- the capacity of our schools and train- Mr. FEINGOLD. Mr. President, today nities by impacting access to timely, ing facilities, to providing financial I am introducing the third in a series high-quality health care. Studies have and social support for workers who are of bills intended to support American shown that shortages of nurses in our in retraining programs. This bill allows companies and American workers. Ear- hospitals and health facilities increase for flexibility in the use of grant funds lier this week, I introduced a resolu- medical errors, which directly affects because I believe that communities tion which would set some minimum patient health. know best about the resources they standards for future trade agreements As our population ages, and the baby- need to run an efficient program. into which our country enters, and leg- boomers need more health care, our This bill represents a nexus in my ef- islation which would strengthen the need for all types of health profes- forts to support workers whose jobs Buy American Act. Today I am intro- sionals is only going to increase. This have been shipped overseas and to en- ducing legislation that would help is particularly true for the field of sure that all Americans have access to workers who have lost their manufac- long-term care. According to the Bu- the high-quality health care that they turing or service sector jobs to be re- reau of Labor Statistics, we are going deserve. By providing targeted assist- trained for jobs in high-demand health to need an additional 1.4 million nurs- ance to train laid-off workers who wish care fields. I am pleased that my col- ing aides, home health aides, and other to obtain new jobs in the health care league, Senator MIKULSKI, is cospon- health professionals in long-term care sector, we can both help unemployed soring this important legislation and I before the year 2014. In total, there will Americans and improve the avail- look forward to working with her to be almost 1.7 million job openings in ability and quality of health care that advance it during the 110th Congress. health care support occupations is available in our communities. According to statistics from the De- through 2012. I am pleased that this bill is sup- partment of Labor, Wisconsin has lost As our demand for health care work- ported by a variety of organizations over 90,000 manufacturing jobs between ers grows, so does the number of jobs that are committed to providing high- January 2000 and November 2006. Na- available within this sector. According quality job training and health care tionally, the country has lost around 3 to the Wisconsin Department of Work- services, including: the Wisconsin As- million manufacturing jobs since Janu- force Development, the surging job sociation of Job Training Executives, ary 2001, yet the administration has growth in health care will translate the Wisconsin Hospital Association, continued to support policies that lead into a real need for workers, and real Madison Area Technical College, the to the outsourcing of American jobs. I opportunity. In Wisconsin alone, there Northwest Wisconsin Concentrated continue to be deeply troubled by the will be an additional 61,910 health care Employment Program, the Workforce Bush Administration’s contention that positions by 2014. This represents a 27 Development Board of South Central the outsourcing of American service percent increase in jobs in health care Wisconsin, the Bay Area Workforce De- sector and other jobs is good for the by 2014. velopment Board, the Healthcare economy. I am concerned about the Workforce development agencies in Workforce Network, the Southwest message that this policy sends to Wis- my home State of Wisconsin are al- Wisconsin Workforce Development consinites and all Americans who are ready working to support displaced Board, Sauk County Development Cor- currently employed in these sectors. workers in their communities by train- poration, the American Osteopathic There is something of a silver lining ing them for health care jobs, since Society, Umos, the Fox Valley Work- to the looming cloud of manufacturing there is a real need for workers in force Development Board, and the West and other jobs loss: the country’s work- these fields. These agencies are helping Central Wisconsin Workforce Develop- force development system. communities get and maintain access ment Board. In spite of stretched resources and In order to ensure that our workers to high-quality health care by ensuring long waiting lists for services, our are able to compete in the new econ- that there are enough health care workforce development boards are omy, we must ensure that they have making a tremendous effort to retrain workers to care for their communities. As the executive director of one of the tools they need to be trained or re- laid-off workers and other job seekers the workforce development boards in trained for high-demand jobs such as for new jobs. And this effort is clearly those in the health care field. My bill is my State put it, ‘‘[t]here are simply evident in Wisconsin, where my State’s a small step toward providing the re- not many good quality jobs to replace workforce development boards—despite sources necessary to achieve this goal. manufacturing jobs lost to rural com- shoestring budgets—are leading the I will continue to work to strengthen munities. The medical professions, by way in finding innovative solutions to the American manufacturing sector offering a ‘living wage’ and good bene- retraining workers for new careers. and to support those workers who have fits, provide an excellent alternative to I strongly support the work of these been displaced due to bad trade agree- manufacturing for sustaining a higher, agencies, and have urged the Adminis- ments and other policies that have led tration and Senate appropriators to family-oriented standard of living.’’ I believe we should support our com- to the loss of American jobs. provide adequate funding for the job I ask unanimous consent that the munities in these efforts by providing training programs authorized by the text of this bill be printed in the them with the resources they need to Workforce Investment Act. I look for- RECORD. ward to the reauthorization of the establish, sustain, or expand these im- There being no objection, the text of Workforce Investment Act this year portant programs. For that reason, the bill was ordered to be printed in today I am introducing the Commu- and I will continue to work to ensure the RECORD, as follows: nity-Based Health Care Retraining Act. that the workforce development boards S. 620 This bill would amend the Workforce in my state and across our country re- Be it enacted by the Senate and House of Rep- ceive the resources that they need to Investment Act to authorize a dem- resentatives of the United States of America in help job seekers get the training they onstration project to provide grants to Congress assembled, need to be successful. community-based coalitions, led by SECTION 1. SHORT TITLE. I am committed to finding resources local workforce development boards, to This Act may be cited as the ‘‘Community- to retrain those who have been laid off create programs to retrain unemployed Based Health Care Retraining Act’’. from the manufacturing and service workers who wish to obtain new jobs in SEC. 2. HEALTH PROFESSIONS TRAINING DEM- sectors and who wish to find new jobs the health care professions. My bill ONSTRATION PROJECT. would authorize a total of $25 million Section 171 of the Workforce Investment in high-demand fields such as health Act of 1998 (29 U.S.C. 2916) is amended by add- care. for grants between $100,000 and $500,000, ing at the end the following: As most of my colleagues know all and, in the interest of fiscal responsi- ‘‘(e) HEALTH PROFESSIONS TRAINING DEM- too well, we are facing a significant bility, my legislation is fully offset. ONSTRATION PROJECT.—

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‘‘(1) DEFINITIONS.—In this subsection: Secretary of Health and Human Services, ‘‘(i) increasing capacity, subject to sub- ‘‘(A) COVERED COMMUNITY.—The term ‘cov- shall make grants to eligible entities to en- paragraph (B), at an educational institution ered community’ means a community or re- able the entities to carry out programs in or training center to train individuals for gion that— covered communities to train covered work- employment as health professionals, such as ‘‘(i) has experienced a significant percent- ers for employment as health care profes- by— age decline in positions in the manufac- sionals. The Secretary shall make each grant ‘‘(I) expanding a facility, subject to sub- turing or service sectors; and in an amount of not less than $100,000 and paragraph (B); ‘‘(ii) is determined by the Secretary of not more than $500,000. ‘‘(II) expanding course offerings; Health and Human Services (in consultation ‘‘(4) ELIGIBLE ENTITIES.—Notwithstanding ‘‘(III) hiring faculty; with the medical community) to be an area subsection (b)(2)(B), to be eligible to receive ‘‘(IV) providing a student loan repayment with a shortage of health care professionals a grant under this subsection to carry out a program for the faculty; described in clause (i) or (ii) of subparagraph program in a covered community, an entity ‘‘(V) establishing or expanding clinical (C). shall be a partnership that is— education opportunities; ‘‘(B) COVERED WORKER.—The term ‘covered ‘‘(A) under the direction of a local work- ‘‘(VI) purchasing equipment, such as com- worker’ means an individual who— force investment board established under puters, books, clinical supplies, or a patient ‘‘(i)(I) has been terminated or laid off, or section 117 that is serving the covered com- simulator; or who has received a notice of termination or munity; and ‘‘(VII) conducting recruitment; or layoff, from employment in a manufacturing ‘‘(B) composed of members serving the cov- ‘‘(ii) providing support services for covered or service sector; ered community, such as— workers participating in the training, such ‘‘(II)(aa) is eligible for or has exhausted en- ‘‘(i) an institution of higher education that as— titlement to unemployment compensation; provides a 4-year program of instruction; ‘‘(I) providing tuition assistance; or ‘‘(ii) an accredited community college; ‘‘(II) establishing or expanding distance ‘‘(bb) has been employed for a duration suf- ‘‘(iii) an accredited vocational or technical education programs; ficient to demonstrate, to the appropriate school; ‘‘(III) providing transportation assistance; entity at a one-stop center referred to in sec- ‘‘(iv) a tribal college or university; or tion 134(c), attachment to the workforce, but ‘‘(v) a health clinic or hospital; ‘‘(IV) providing child care. is not eligible for unemployment compensa- ‘‘(vi) a home-based or community-based ‘‘(B) LIMITATION.—To be eligible to use the tion due to insufficient earnings or having long-term care facility or program; or funds to expand a facility, the eligible entity performed services for an employer that were ‘‘(vii) a health care facility administered shall demonstrate to the Secretary in an ap- not covered under a State unemployment by the Secretary of Veterans Affairs. plication submitted under paragraph (5) that compensation law; and ‘‘(5) APPLICATIONS.—To be eligible to re- the entity can increase the capacity de- ‘‘(III) is unlikely to return to a previous in- ceive a grant under this subsection, an enti- scribed in subparagraph (A)(i) of such facil- dustry or occupation; or ty shall submit an application to the Sec- ity only by expanding the facility. ‘‘(ii)(I) has been terminated or laid off, or retary at such time, in such manner, and ‘‘(8) FUNDING.—Of the amounts appro- has received a notice of termination or lay- containing such information as the Sec- priated to, and available at the discretion of, off, from employment in a manufacturing or retary may require, including, at a min- the Secretary or the Secretary of Health and service sector as a result of any permanent imum— Human Services for programmatic and ad- closure of, or any substantial layoff at, a ‘‘(A) a proposal to use the grant funds to ministrative expenditures, a total of plant, facility, or enterprise; or establish or expand a training program in $25,000,000 shall be used to establish and ‘‘(II) is employed in a manufacturing or order to train covered workers for employ- carry out the demonstration project de- service sector at a facility at which the em- ment as health care professionals (including scribed in paragraph (2) in accordance with ployer has made a general announcement paraprofessionals); this subsection.’’. that such facility will close within 180 days. ‘‘(B) information demonstrating the need ‘‘(C) HEALTH CARE PROFESSIONAL.—The for the training and support services to be By Mr. FEINGOLD (for himself, term ‘health care professional’— provided through the program; ‘‘(i) means an individual who is involved ‘‘(C) information describing the manner in Mr. GRASSLEY, Mr. KENNEDY, with— which the entity will expend the grant funds, Mr. LIEBERMAN, and Mr. ‘‘(I) the delivery of health care services, or and the activities to be carried out with the INOUYE): related services, pertaining to— funds; S. 621. A bill to establish commis- ‘‘(aa) the identification, evaluation, and ‘‘(D) information demonstrating that the sions to review the facts and cir- prevention of diseases, disorders, or injuries; entity meets the requirements of paragraph cumstances surrounding injustices suf- or (4); and fered by European Americans, Euro- ‘‘(bb) home-based or community-based ‘‘(E) with respect to training programs car- pean Latin Americans, and Jewish ref- long-term care; ried out by the applicant, information— ‘‘(II) the delivery of dietary and nutrition ‘‘(i) on the graduation rates of the pro- ugees during World War II; to the Com- services; or grams involved; mittee on the Judiciary. ‘‘(III) rehabilitation and health systems ‘‘(ii) on the retention measures carried out Mr. FEINGOLD. Mr. President, today management; and by the applicant; I introduce the Wartime Treatment ‘‘(ii) with respect to a covered community ‘‘(iii) on the length of time necessary to Study Act. This bill would create two to be served through a grant made under complete the training programs of the appli- fact-finding commissions: one commis- paragraph (3), includes individuals in health cant; and sion to review the U.S. government’s care professions and jobs for which there is a ‘‘(iv) on the number of qualified covered treatment of German Americans, shortage in the community, as determined workers that are refused admittance into the by the Secretary of Health and Human Serv- training programs because of lack of capac- Italian Americans, and European Latin ices (in consultation with the medical comity. Americans during World War II, and munity), giving consideration to the amount ‘‘(6) SELECTION.—In making grants under another commission to review the U.S. of training time required to retrain the cov- paragraph (3), the Secretary, after consulta- government’s treatment of Jewish ref- ered workers for the health care professions tion with the Secretary of Health and ugees fleeing Nazi persecution during and jobs. Human Services, shall— World War II. This bill is long overdue. ‘‘(D) TRIBAL COLLEGE OR UNIVERSITY.—The ‘‘(A) consider the information submitted I am very pleased that my colleagues term ‘tribal college or university’ means— by the eligible entities under paragraph Senators GRASSLEY, KENNEDY, LIEBER- ‘‘(i) a tribally controlled college or univer- (5)(E); and MAN and INOUYE have joined me as co- sity, as defined in section 2 of the Tribally ‘‘(B) select— Controlled College or University Assistance ‘‘(i) eligible entities submitting applica- sponsors of this important bill. I thank Act of 1978 (25 U.S.C. 1801); tions that meet such criteria as the Sec- them for their support. And I thank ‘‘(ii) Dine´ College, authorized in the Nav- retary of Labor determines to be appro- Congressman WEXLER, who has been ajo Community College Act (25 U.S.C. 640a et priate; and the unflagging champion of this legis- seq.); and ‘‘(ii) among such entities, the eligible enti- lation in the House of Representatives. ‘‘(iii) any of the 1994 Institutions, as de- ties serving the covered communities with The victory of America and its allies fined in section 532 of the Equity in Edu- the greatest need for the grants and the in the Second World War was a tri- cational Land-Grant Status Act of 1994 (7 greatest potential to benefit from the grants. umph for freedom, justice, and human U.S.C. 301 note). ‘‘(7) USE OF FUNDS.— rights. The courage displayed by so ‘‘(2) ESTABLISHMENT OF PROJECT.—In ac- ‘‘(A) IN GENERAL.—An entity that receives cordance with subsection (b), the Secretary a grant under this subsection shall use the many Americans, of all ethnic origins, shall establish and carry out a health profes- funds made available through the grant for should be a source of great pride for all sions training demonstration project. training and support services that meet the Americans. ‘‘(3) GRANTS.—In carrying out the project, needs described in the application submitted But, at the same time that so many the Secretary, after consultation with the under paragraph (5), which may include— brave Americans fought for freedom in

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2050 CONGRESSIONAL RECORD — SENATE February 15, 2007 Europe and the Pacific, the U.S. gov- Americans and failed to protect their accounting of this tragic chapter in our ernment was curtailing the freedom of basic freedoms. Nation’s history. people here at home. While, it is, of A second commission created by this I ask unanimous consent that the course, the right of every nation to bill will review the treatment by the text of the Wartime Treatment Study protect itself during wartime, the U.S. U.S. government of Jewish refugees Act be printed in the RECORD. Government must respect the basic who were fleeing Nazi persecution and There being no objection, the text of freedoms for which so many Americans genocide. We must review the facts the bill was ordered to be printed in have given their lives to defend. War here as well and determine how restric- the RECORD, as follows: tests our principles and our values. tive immigration policies failed to pro- S. 621 And as our Nation’s recent experience vide adequate safe harbor to Jewish Be it enacted by the Senate and House of Rep- has shown, it is during times of war refugees fleeing the persecution of Nazi resentatives of the United States of America in Congress assembled, and conflict, when our fears are high Germany. It is a horrible truth that SECTION 1. SHORT TITLE. and our principles are tested most, the United States turned away thou- This Act may be cited as the ‘‘Wartime that we must be even more vigilant to sands of refugees, delivering many ref- Treatment Study Act’’. guard against violations of the basic ugees to their deaths at the hands of SEC. 2. FINDINGS. freedoms guaranteed by the Constitu- the Nazi regime. Congress makes the following findings: tion. As I mentioned earlier, there has (1) During World War II, the United States Many Americans are aware that dur- been a measure of justice for Japanese Government deemed as ‘‘enemy aliens’’ more ing World War II, under the authority Americans who were denied their lib- than 600,000 Italian-born and 300,000 German- of Executive Order 9066, our govern- erty and property. It is now time for born United States resident aliens and their families and required them to carry Certifi- ment forced more than 100,000 ethnic the U.S. government to complete the cates of Identification and limited their Japanese from their homes and ulti- accounting of this period in our na- travel and personal property rights. At that mately into internment camps. Japa- tion’s history. It is time to create inde- time, these groups were the 2 largest foreign- nese Americans were forced to leave pendent, fact-finding commissions to born groups in the United States. their homes, their livelihoods, and conduct a full and through review of (2) During World War II, the United States their communities and were held be- the treatment of all European Ameri- Government arrested, interned, or otherwise hind barbed wire and military guard by cans, European Latin Americans, and detained thousands of European Americans, some remaining in custody for years after their own government. Through the Jewish refugees during World War II. cessation of World War II hostilities, and re- work of the Commission on Wartime Up to this point, there has been no patriated, exchanged, or deported European Relocation and Internment of Civil- justice for the thousands of German Americans, including American-born chil- ians, created by Congress in 1980, this Americans, Italian Americans, and dren, to European Axis nations, many to be shameful event finally received the of- other European Americans who were exchanged for Americans held in those na- ficial acknowledgement and condemna- branded ‘‘enemy aliens’’ and then tions. tion it deserved. Under the Civil Lib- taken from their homes, subjected to (3) Pursuant to a policy coordinated by the curfews, limited in their travel, de- United States with Latin American nations, erties Act of 1988, people of Japanese many European Latin Americans, including ancestry who were subjected to reloca- prived of their personal property, and, German and Austrian Jews, were arrested, tion or internment later received an in the worst cases, placed in intern- brought to the United States, and interned. apology and reparations on behalf of ment camps. Many were later expatriated, repatriated, or the people of the United States. There has been no justice for Latin deported to European Axis nations during February 19, 2007, is the ‘‘Day of Re- Americans of European descent who World War II, many to be exchanged for membrance,’’ the 65th anniversary of were shipped to the United States and Americans and Latin Americans held in the signing of Executive Order 9066. On sometimes repatriated or deported to those nations. hostile, war-torn European Axis pow- (4) Millions of European Americans served this day, we should remember the free- in the armed forces and thousands sacrificed doms all of these individuals were ers, often in exchange for Americans their lives in defense of the United States. forced to give up, and resolve never to being held in those countries. (5) The wartime policies of the United make these mistakes again. Finally, there has been no justice for States Government were devastating to the While I commend our government for the thousands of Jews, like those Italian American and German American finally recognizing and apologizing for aboard the German vessel the St. Louis, communities, individuals, and their families. the mistreatment of Japanese Ameri- who sought refuge from hostile Nazi The detrimental effects are still being expe- cans during World War II, I believe treatment but were callously turned rienced. (6) Prior to and during World War II, the that it is time that the government away at America’s shores. United States restricted the entry of Jewish also acknowledge the mistreatment ex- The injustices to European Ameri- refugees who were fleeing persecution or perienced by many German Americans, cans, European Latin Americans, and genocide and sought safety in the United Italian Americans, and European Latin Jewish refugees occurred more than States. During the 1930’s and 1940’s, the Americans, as well as Jewish refugees. fifty years ago. Americans can learn quota system, immigration regulations, visa The Wartime Treatment Study Act from these tragedies now, while the requirements, and the time required to proc- would create two independent, fact- people who survived these injustices ess visa applications affected the number of finding commissions to review this un- are still with us, and are still here to Jewish refugees, particularly those from Germany and Austria, who could gain admit- fortunate history, so that Americans teach us. We cannot put this off any tance to the United States. can understand why it happened and longer. If we wait, the people who were (7) The United States Government should work to ensure that it never happens affected will no longer be here to know conduct an independent review to fully as- again. One commission will review the that Congress has at last recognized sess and acknowledge these actions. Con- treatment by the U.S. government of their sacrifice and resolved to learn gress has previously reviewed the United German Americans, Italian Americans, from the mistakes of the past. States Government’s wartime treatment of and other European Americans, as well We should never allow this part of Japanese Americans through the Commis- our Nation’s history to repeat itself. sion on Wartime Relocation and Internment as European Latin Americans, during of Civilians. An independent review of the World War II. And, while we should be proud of our treatment of German Americans and Italian I believe that most Americans are Nation’s triumph in World War II, we Americans and of Jewish refugees fleeing unaware that, as was the case with should not let that justifiable pride persecution and genocide has not yet been Japanese Americans, approximately blind us to the treatment of some undertaken. 11,000 ethnic Germans, 3,200 ethnic Americans by their own government. (8) Time is of the essence for the establish- Italians, and scores of Bulgarians, Hun- As the Day of Remembrance ap- ment of commissions, because of the increas- garians, Romanians or other European proaches, I urge my colleagues to join ing danger of destruction and loss of relevant Americans living in America were me in supporting the Wartime Treat- documents, the advanced age of potential witnesses and, most importantly, the ad- taken from their homes and placed in ment Study Act, and to allow this bill vanced age of those affected by the United internment camps during World War II. to become law as soon as possible. I States Government’s policies. Many who suf- We must learn from this history and have been seeking to enact this legisla- fered have already passed away and will explore why we turned on our fellow tion for six years. It is time for a full never know of this effort.

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2007 CONGRESSIONAL RECORD — SENATE S2051 SEC. 3. DEFINITIONS. the United States Government’s wartime protected during war, or an actual, at- In this Act: treatment of European Americans and Euro- tempted, or threatened invasion or incur- (1) DURING WORLD WAR II.—The term ‘‘dur- pean Latin Americans as provided in sub- sion, an assessment of the continued viabil- ing World War II’’ refers to the period be- section (b). ity of the Alien Enemies Acts (50 U.S.C. 21 et tween September 1, 1939, through December (b) SCOPE OF REVIEW.—The European seq.), and public education programs related 31, 1948. American Commission’s review shall include to the United States Government’s wartime (2) EUROPEAN AMERICANS.— the following: treatment of European Americans and Euro- (A) IN GENERAL.—The term ‘‘European (1) A comprehensive review of the facts and pean Latin Americans during World War II. Americans’’ refers to United States citizens circumstances surrounding United States (c) FIELD HEARINGS.—The European Amer- and resident aliens of European ancestry, in- Government actions during World War II ican Commission shall hold public hearings cluding Italian Americans, German Ameri- with respect to European Americans and Eu- in such cities of the United States as it cans, Hungarian Americans, Romanian ropean Latin Americans pursuant to the deems appropriate. Americans, and Bulgarian Americans. Alien Enemies Acts (50 U.S.C. 21 et seq.), (d) REPORT.—The European American Com- (B) ITALIAN AMERICANS.—The term ‘‘Italian Presidential Proclamations 2526, 2527, 2655, mission shall submit a written report of its Americans’’ refers to United States citizens 2662, and 2685, Executive Orders 9066 and 9095, findings and recommendations to Congress and resident aliens of Italian ancestry. and any directive of the United States Gov- not later than 18 months after the date of (C) GERMAN AMERICANS.—The term ‘‘Ger- ernment pursuant to such law, proclama- the first meeting called pursuant to section man Americans’’ refers to United States citi- tions, or executive orders respecting the reg- 101(e). zens and resident aliens of German ancestry. istration, arrest, exclusion, internment, ex- SEC. 103. POWERS OF THE EUROPEAN AMERICAN (3) EUROPEAN LATIN AMERICANS.—The term change, or deportation of European Ameri- COMMISSION. ‘‘European Latin Americans’’ refers to per- cans and European Latin Americans. This re- (a) IN GENERAL.—The European American sons of European ancestry, including Italian view shall include an assessment of the un- Commission or, on the authorization of the or German ancestry, residing in a Latin derlying rationale of the United States Gov- Commission, any subcommittee or member American nation during World War II. ernment’s decision to develop related pro- thereof, may, for the purpose of carrying out (4) LATIN AMERICAN NATION.—The term grams and policies, the information the the provisions of this title, hold such hear- ‘‘Latin American nation’’ refers to any na- United States Government received or ac- ings and sit and act at such times and places, tion in Central America, South America, or quired suggesting the related programs and and request the attendance and testimony of the Carribean. policies were necessary, the perceived ben- such witnesses and the production of such TITLE I—COMMISSION ON WARTIME efit of enacting such programs and policies, books, records, correspondence, memo- TREATMENT OF EUROPEAN AMERICANS and the immediate and long-term impact of randum, papers, and documents as the Com- such programs and policies on European mission or such subcommittee or member SEC. 101. ESTABLISHMENT OF COMMISSION ON Americans and European Latin Americans WARTIME TREATMENT OF EURO- may deem advisable. The European Amer- PEAN AMERICANS. and their communities. ican Commission may request the Attorney (a) IN GENERAL.—There is established the (2) A comprehensive review of United General to invoke the aid of an appropriate Commission on Wartime Treatment of Euro- States Government action during World War United States district court to require, by pean Americans (referred to in this title as II with respect to European Americans and subpoena or otherwise, such attendance, tes- the ‘‘European American Commission’’). European Latin Americans pursuant to the timony, or production. (b) MEMBERSHIP.—The European American Alien Enemies Acts (50 U.S.C. 21 et seq.), (b) GOVERNMENT INFORMATION AND CO- Commission shall be composed of 7 members, Presidential Proclamations 2526, 2527, 2655, OPERATION.—The European American Com- who shall be appointed not later than 90 days 2662, and 2685, Executive Orders 9066 and 9095, mission may acquire directly from the head after the date of enactment of this Act as and any directive of the United States Gov- of any department, agency, independent in- follows: ernment pursuant to such law, proclama- strumentality, or other authority of the ex- (1) Three members shall be appointed by tions, or executive orders, including registra- ecutive branch of the Government, available the President. tion requirements, travel and property re- information that the European American (2) Two members shall be appointed by the strictions, establishment of restricted areas, Commission considers useful in the dis- Speaker of the House of Representatives, in raids, arrests, internment, exclusion, poli- charge of its duties. All departments, agen- consultation with the minority leader. cies relating to the families and property cies, and independent instrumentalities, or (3) Two members shall be appointed by the that excludees and internees were forced to other authorities of the executive branch of majority leader of the Senate, in consulta- abandon, internee employment by American the Government shall cooperate with the Eu- tion with the minority leader. companies (including a list of such compa- ropean American Commission and furnish all (c) TERMS.—The term of office for members nies and the terms and type of employment), information requested by the European shall be for the life of the European Amer- exchange, repatriation, and deportation, and American Commission to the extent per- ican Commission. A vacancy in the European the immediate and long-term effect of such mitted by law, including information col- American Commission shall not affect its actions, particularly internment, on the lected under the Commission on Wartime powers, and shall be filled in the same man- lives of those affected. This review shall in- and Internment of Civilians Act (Public Law ner in which the original appointment was clude a list of— 96–317; 50 U.S.C. App. 1981 note) and the War- made. (A) all temporary detention and long-term time Violation of Italian Americans Civil (d) REPRESENTATION.—The European Amer- internment facilities in the United States Liberties Act (Public Law 106–451; 50 U.S.C. ican Commission shall include 2 members and Latin American nations that were used App. 1981 note). For purposes of section representing the interests of Italian Ameri- to detain or intern European Americans and 552a(b)(9) of title 5, United States Code (com- cans and 2 members representing the inter- European Latin Americans during World War monly known as the ‘‘Privacy Act of 1974’’), ests of German Americans. II (in this paragraph referred to as ‘‘World the European American Commission shall be (e) MEETINGS.—The President shall call the War II detention facilities’’); deemed to be a committee of jurisdiction. first meeting of the European American (B) the names of European Americans and SEC. 104. ADMINISTRATIVE PROVISIONS. Commission not later than 120 days after the European Latin Americans who died while in The European American Commission is au- date of enactment of this Act. World War II detention facilities and where thorized to— (f) QUORUM.—Four members of the Euro- they were buried; (1) appoint and fix the compensation of pean American Commission shall constitute a quorum, but a lesser number may hold (C) the names of children of European such personnel as may be necessary, without hearings. Americans and European Latin Americans regard to the provisions of title 5, United (g) CHAIRMAN.—The European American who were born in World War II detention fa- States Code, governing appointments in the Commission shall elect a Chairman and Vice cilities and where they were born; and competitive service, and without regard to Chairman from among its members. The (D) the nations from which European Latin the provisions of chapter 51 and subchapter term of office of each shall be for the life of Americans were brought to the United III of chapter 53 of such title relating to clas- the European American Commission. States, the ships that transported them to sification and General Schedule pay rates, (h) COMPENSATION.— the United States and their departure and except that the compensation of any em- (1) IN GENERAL.—Members of the European disembarkation ports, the locations where ployee of the Commission may not exceed a American Commission shall serve without European Americans and European Latin rate equivalent to the rate payable under pay. Americans were exchanged for persons held GS–15 of the General Schedule under section (2) REIMBURSEMENT OF EXPENSES.—All in European Axis nations, and the ships that 5332 of such title; members of the European American Commis- transported them to Europe and their depar- (2) obtain the services of experts and con- sion shall be reimbursed for reasonable trav- ture and disembarkation ports. sultants in accordance with the provisions of el and subsistence, and other reasonable and (3) A brief review of the participation by section 3109 of such title; necessary expenses incurred by them in the European Americans in the United States (3) obtain the detail of any Federal Govern- performance of their duties. Armed Forces including the participation of ment employee, and such detail shall be SEC. 102. DUTIES OF THE EUROPEAN AMERICAN European Americans whose families were ex- without reimbursement or interruption or COMMISSION. cluded, interned, repatriated, or exchanged. loss of civil service status or privilege; (a) IN GENERAL.—It shall be the duty of the (4) A recommendation of appropriate rem- (4) enter into agreements with the Admin- European American Commission to review edies, including how civil liberties can be istrator of General Services for procurement

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2052 CONGRESSIONAL RECORD — SENATE February 15, 2007 of necessary financial and administrative tion or genocide in Europe entry to the competitive service, and without regard to services, for which payment shall be made by United States as provided in subsection (b). the provisions of chapter 51 and subchapter reimbursement from funds of the Commis- (b) SCOPE OF REVIEW.—The Jewish Refugee III of chapter 53 of such title relating to clas- sion in such amounts as may be agreed upon Commission’s review shall cover the period sification and General Schedule pay rates, by the Chairman of the Commission and the between January 1, 1933, through December except that the compensation of any em- Administrator; 31, 1945, and shall include, to the greatest ex- ployee of the Commission may not exceed a (5) procure supplies, services, and property tent practicable, the following: rate equivalent to the rate payable under by contract in accordance with applicable (1) A review of the United States Govern- GS–15 of the General Schedule under section laws and regulations and to the extent or in ment’s decision to deny Jewish and other 5332 of such title; such amounts as are provided in appropria- refugees fleeing persecution or genocide (2) obtain the services of experts and con- tion Acts; and entry to the United States, including a re- sultants in accordance with the provisions of (6) enter into contracts with Federal or view of the underlying rationale of the section 3109 of such title; State agencies, private firms, institutions, United States Government’s decision to (3) obtain the detail of any Federal Govern- and agencies for the conduct of research or refuse the Jewish and other refugees entry, ment employee, and such detail shall be surveys, the preparation of reports, and the information the United States Govern- without reimbursement or interruption or other activities necessary to the discharge of ment received or acquired suggesting such loss of civil service status or privilege; the duties of the Commission, to the extent refusal was necessary, the perceived benefit (4) enter into agreements with the Admin- or in such amounts as are provided in appro- of such refusal, and the impact of such re- istrator of General Services for procurement priation Acts. fusal on the refugees. of necessary financial and administrative SEC. 105. FUNDING. (2) A review of Federal refugee law and pol- services, for which payment shall be made by Of the amounts authorized to be appro- icy relating to those fleeing persecution or reimbursement from funds of the Commis- priated to the Department of Justice, genocide, including recommendations for sion in such amounts as may be agreed upon $600,000 shall be available to carry out this making it easier in the future for victims of by the Chairman of the Commission and the title. persecution or genocide to obtain refuge in Administrator; SEC. 106. SUNSET. the United States. (5) procure supplies, services, and property The European American Commission shall (c) FIELD HEARINGS.—The Jewish Refugee by contract in accordance with applicable terminate 60 days after it submits its report Commission shall hold public hearings in laws and regulations and to the extent or in to Congress. such cities of the United States as it deems such amounts as are provided in appropria- appropriate. tion Acts; and TITLE II—COMMISSION ON WARTIME (d) REPORT.—The Jewish Refugee Commis- (6) enter into contracts with Federal or TREATMENT OF JEWISH REFUGEES sion shall submit a written report of its find- State agencies, private firms, institutions, SEC. 201. ESTABLISHMENT OF COMMISSION ON ings and recommendations to Congress not and agencies for the conduct of research or WARTIME TREATMENT OF JEWISH later than 18 months after the date of the surveys, the preparation of reports, and REFUGEES. first meeting called pursuant to section other activities necessary to the discharge of (a) IN GENERAL.—There is established the 201(e). the duties of the Commission, to the extent Commission on Wartime Treatment of Jew- or in such amounts as are provided in appro- ish Refugees (referred to in this title as the SEC. 203. POWERS OF THE JEWISH REFUGEE COMMISSION. priation Acts. ‘‘Jewish Refugee Commission’’). (a) IN GENERAL.—The Jewish Refugee Com- SEC. 205. FUNDING. (b) MEMBERSHIP.—The Jewish Refugee mission or, on the authorization of the Com- Commission shall be composed of 7 members, Of the amounts authorized to be appro- mission, any subcommittee or member who shall be appointed not later than 90 days priated to the Department of Justice, thereof, may, for the purpose of carrying out after the date of enactment of this Act as $600,000 shall be available to carry out this the provisions of this title, hold such hear- follows: title. ings and sit and act at such times and places, (1) Three members shall be appointed by SEC. 206. SUNSET. and request the attendance and testimony of the President. The Jewish Refugee Commission shall ter- such witnesses and the production of such (2) Two members shall be appointed by the minate 60 days after it submits its report to books, records, correspondence, memo- Speaker of the House of Representatives, in Congress. randum, papers, and documents as the Com- consultation with the minority leader. mission or such subcommittee or member (3) Two members shall be appointed by the By Mr. HARKlN (for himself, Mr. may deem advisable. The Jewish Refugee majority leader of the Senate, in consulta- ENZI, Mr. FEINGOLD, Mr. THOM- Commission may request the Attorney Gen- tion with the minority leader. AS, Mr. DORGAN, Mr. BAUCUS, eral to invoke the aid of an appropriate (c) TERMS.—The term of office for members and Mrs. MCCASKILL): shall be for the life of the Jewish Refugee United States district court to require, by S. 622. A bill to enhance fair and open subpoena or otherwise, such attendance, tes- Commission. A vacancy in the Jewish Ref- competition in the production and sale ugee Commission shall not affect its powers, timony, or production. (b) GOVERNMENT INFORMATION AND CO- of agricultural commodities; to the and shall be filled in the same manner in Committee on Agriculture, Nutrition, which the original appointment was made. OPERATION.—The Jewish Refugee Commis- (d) REPRESENTATION.—The Jewish Refugee sion may acquire directly from the head of and Forestry. Commission shall include 2 members rep- any department, agency, independent instru- Mr. HARKIN. Mr. President, today I resenting the interests of Jewish refugees. mentality, or other authority of the execu- am introducing the ‘‘Competitive and (e) MEETINGS.—The President shall call the tive branch of the Government, available in- Fair Agricultural Markets Act of 2007.’’ first meeting of the Jewish Refugee Commis- formation that the Jewish Refugee Commis- Cosponsors joining me in introducing sion not later than 120 days after the date of sion considers useful in the discharge of its duties. All departments, agencies, and inde- this legislation are: Senators ENZI, enactment of this Act. FEINGOLD, THOMAS, DORGAN, BAUCUS (f) QUORUM.—Four members of the Jewish pendent instrumentalities, or other authori- Refugee Commission shall constitute a ties of the executive branch of the Govern- and MCCASKILL. This legislation seeks quorum, but a lesser number may hold hear- ment shall cooperate with the Jewish Ref- to level the playing field for agricul- ings. ugee Commission and furnish all information tural producers by strengthening and (g) CHAIRMAN.—The Jewish Refugee Com- requested by the Jewish Refugee Commission clarifying the Packers and Stockyards mission shall elect a Chairman and Vice to the extent permitted by law, including in- Act of 1921 and the Agricultural Fair Chairman from among its members. The formation collected as a result of the Com- Practices Act of 1967 and strengthening term of office of each shall be for the life of mission on Wartime and Internment of Civil- ians Act (Public Law 96–317; 50 U.S.C. App. enforcement of both laws by USDA. I the Jewish Refugee Commission. intend to use this legislation as the (h) COMPENSATION.— 1981 note) and the Wartime Violation of (1) IN GENERAL.—Members of the Jewish Italian Americans Civil Liberties Act (Public basis for developing a proposed com- Refugee Commission shall serve without pay. Law 106–451; 50 U.S.C. App. 1981 note). For petition title in the new farm bill this (2) REIMBURSEMENT OF EXPENSES.—All purposes of section 552a(b)(9) of title 5, year. members of the Jewish Refugee Commission United States Code (commonly known as the Consolidation is happening in all sec- shall be reimbursed for reasonable travel and ‘‘Privacy Act of 1974’’), the Jewish Refugee tors of agriculture and having a nega- subsistence, and other reasonable and nec- Commission shall be deemed to be a com- tive effect on producers and consumers essary expenses incurred by them in the per- mittee of jurisdiction. across the Nation. Consolidation in formance of their duties. SEC. 204. ADMINISTRATIVE PROVISIONS. itself is not a violation of the Packers SEC. 202. DUTIES OF THE JEWISH REFUGEE COM- The Jewish Refugee Commission is author- and Stockyards Act, but when some en- MISSION. ized to— (a) IN GENERAL.—It shall be the duty of the (1) appoint and fix the compensation of tities become larger and more powerful Jewish Refugee Commission to review the such personnel as may be necessary, without that makes enforcement of the Packers United States Government’s refusal to allow regard to the provisions of title 5, United and Stockyards Act absolutely critical Jewish and other refugees fleeing persecu- States Code, governing appointments in the for independent livestock and poultry

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2007 CONGRESSIONAL RECORD — SENATE S2053 producers. The statistics speak for OGC Assistant General Counsel in the and it also states that it does not ‘‘re- themselves. For example, today, only Trade Practices Division at a hearing quire a handler to deal with an associa- four firms control 84 percent of the pro- by the Senate Committee on Agri- tion of producers.’’ This clause in effect curement of cattle and 64 percent of culture, Nutrition, and Forestry. allows handlers to think of any reason the procurement of hogs. Economists Concerns about OGC’s attitude to- possible to not do business with certain have stated that when four firms con- ward enforcing the Packers and Stock- producers, as long as the stated reason trol over 40 percent of the industry, yards Act are not new. USDA’s Inspec- is not because they belong to an asso- marketplace competitiveness begins to tor General stated in its 1997 audit that ciation. decline. Taken together with fewer Packers and Stockyards program offi- I propose to expand the Agricultural buyers of livestock, highly integrated cials were concerned that OGC did not Fair Practices Act to provide new firms can exert tremendous power over want to litigate competition cases ‘‘be- needed protections for agricultural the industry. cause they are complicated and time contracts. As I have mentioned earlier, The Grain Inspection, Packers and consuming’’ and OGC had ‘‘limited ex- consolidation in all sectors of agri- Stockyards Administration, GIPSA, at pertise’’ with them. In 2000, the Gov- culture is reducing the number of buy- USDA has the responsibility to enforce ernment Accountability Office found ers of commodities and for the very few the Packers and Stockyards Act. This ‘‘disagreements’’ between OGC and who are left, many require contracts to Act is critical, and protects livestock GIPSA regarding the interpretation of conduct business. With so few buyers, producers from unfair, unjustly dis- the Act’s competition provisions. By it increases the chances that some criminatory and anti-competitive prac- combining investigation and prosecu- firms will force unfair contracts upon tices in the marketplace. For years I tion activities into the proposed spe- producers. As a result, some producers have had my doubts about whether cial counsel office, designated to han- have little or no choice but to contract USDA was serious about enforcing the dle competition issues, it reduces the with a firm with questionable practices Packers and Stockyards Act. In 2005, I ability for investigations to be batted or face leaving the industry they have requested an audit by USDA’s Inspec- back and forth within USDA. known for their whole lives. tor General to investigate USDA’s This legislation also makes many im- This amendment to the Agricultural oversight, and enforcement of the law. portant clarifications to the Packers Fair Practices Act requires that the Last year, the Inspector General con- and Stockyards Act. The Packers and contract spell out in clear language firmed the concerns I had and uncov- Stockyards Act prohibits unfair, un- what is required by the producer. This ered even more systemic problems. The justly discriminatory and anti-com- legislation prohibits confidentiality report described widespread inaction, petitive practices, but some courts clauses, ensuring producers the ability management of the agency actively have ruled that producers need to to share the contract with family blocking employees from conducting prove an impact on competition in the members or a lawyer to help them investigations into anti-competitive market in order to prevail in such make an informed decision on whether behavior and a scheme to cover up the cases involving unfair or deceptive or not to sign it. This legislation also lack of enforcement by inflating the practices. For example, the United prevents companies from prematurely reported number of investigations con- States Eleventh Circuit Court of Ap- terminating contracts without notice ducted. peals ruled that a poultry grower oper- when producers have made large cap- That is why today, the legislation I ation failed to prove how its case in- ital investments as a condition of sign- introduce will reorganize the structure volving an unfair termination of its ing the contract. And it only allows in how USDA enforces the Packers and contract adversely affected competi- mandatory arbitration after a dispute Stockyards Act and create an office of tion. The court indicated that the arises and both parties agree to it in special counsel on competition mat- grower had to prove that their unfair writing. Producers should not be forced ters. The special counsel would be ap- treatment affected competition in the to sign contracts with arbitration pointed by the President with advice relevant market. That is very difficult clauses thereby preventing them from and consent from the U.S. Senate. to prove and was never the intent of seeking legal remedy in the courts. Mr. President, producers deserve to Some would argue that Senate advice the Packers and Stockyards Act. have a fair and evenhanded market in and consent is not needed. However, for This legislation also modifies the which to conduct business. This legis- over five years, GIPSA failed to move Packers and Stockyards Act so that lation won’t be able to turn back the competition investigations forward and poultry growers have the same enforce- clock, but it will strengthen laws and no one above the level of deputy ad- ment protections by USDA as live- enforcement of them so that markets ministrator at GIPSA seemed to have stock. Currently, it is unlawful for a operate more fairly. any idea that any problems were going livestock packer or live poultry dealer on, despite the fact I was sending let- to engage in any unfair, unjustly dis- By Mr. SCHUMER (for himself, ters to the Secretary of Agriculture criminatory or deceptive practice, but Mrs. CLINTON, Mr. VITTER, Ms. pointing out that USDA was failing to USDA does not have the authority to COLLINS, Mr. LEAHY, and Ms. enforce the law. enforce violations because the enforce- STABENOW): In the past year, GIPSA has worked ment section of the law is absent of S. 623. A bill to amend the Public in good faith to improve its enforce- any reference to poultry. This impor- Health Service Act to provide for the ment activities. However, GIPSA only tant statutory change is long overdue. licensing of comparable and inter- investigates potential violations of the In addition, to better reflect the inte- changeable biological products, and for law, they do not litigate and follow- grated nature of the poultry industry, other purposes; to the Committee on through with the investigation to the this legislation also ensures that pro- Health, Education, Labor, and Pen- end. Litigating cases is reserved only tections under the law extend to all sions. for USDA’s Office of General Counsel, poultry growers, such as breeder hen Mr. SCHUMER. Mr. President, I rise OGC, unless they refer it to the Depart- and pullet operations, not just those today to introduce the Access to Life- ment of Justice. who raise broilers. Saving Medicine Act with my col- USDA’s Office of General Counsel has The Agricultural Fair Practices Act league, Senator CLINTON. Recognizing not been active on cases involving anti- of 1967 was passed by Congress to en- the promise of generic drugs as safe competitive practices in recent years sure that producers are allowed to join and effective treatments at greatly re- since GIPSA was not referring cases to together as an association to strength- duced prices, I have worked for years them. To be sure, only two cases in- en their position in the marketplace with my colleagues in the House and volving anti-competitive practices without being discriminated against by the Senate to increase generic drug were referred to OGC in 5 years. But handlers. Unfortunately, this act was availability and accessibility, most no- there are concerns that OGC is not as passed with a clause that essentially tably with Senator MCCAIN on a 2003 committed to enforcing competition abolishes the actual intent of the law. law. This legislation represents the investigations as they should be. This The act states that ‘‘nothing in this next step in the availability of generic lack of commitment was clearly evi- Act shall prevent handlers and pro- drugs for American consumers by cre- dent last year in testimony provided by ducers from selecting their customers’’ ating a statutory pathway for generic

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2054 CONGRESSIONAL RECORD — SENATE February 15, 2007 versions of biotech drugs to enter the Ms. CLINTON. Mr. President, I am these products, an approval may, how- market. pleased today to join with Senator ever, be granted for a comparable While generic drugs save American SCHUMER to introduce the Access of version of the brand name product if it consumers an estimated eight to ten Life-Saving Medicine Act. This legisla- is not interchangeable. billion dollars each year, American tion will have a dramatic impact on Finally, to encourage early resolu- consumers have not yet reaped the full the rising costs of prescription drugs, tion of patent disputes which might potential savings from the generic drug which puts the squeeze on employers otherwise delay competition, a patent market. Under current law, there is no trying to provide health coverage for holder must disclose relevant patents generic approval process at the Food employees while turning a profit, on in response to a request and bring a and Drug Administration, FDA, for an families struggling to make ends meet, patent infringement suit within 45 days entire category of drugs, even once the and on our economy. We spend 16 per- of notice of a challenge or lose the patents have expired. These biologic cent of our national income on health right to certain remedies in court. drugs, which are an expensive and care and prescription drugs and that Biotech drugs hold great promise, growing sector of the pharmaceutical number is on the climb. but we break that promise when costs market, will obtain monopoly pricing In 2005, the cost of biologics grew 17.5 push treatment out of reach for Amer- on the market indefinitely without the percent compared to the cost of tradi- ican families and employers. We should possibility of generic competitors. tional drugs, which increased 10 per- bring safe, effective and affordable ge- Drug companies that invest in the recent. According to CMS, the top 2 ane- neric versions of these medicines to pa- search and development of life-saving mia drugs—both biologics—accounted tients through passage of the Access to drugs, whether biological or chemical for 17 percent of all Medicare Part B Life-Saving Medicine Act, saving in nature, deserve to be rewarded for carrier drug spending, while two other money and lives. their work. At the same time, patients biologics for rheumatoid arthritis and This issue is part of a larger chal- need the ability to access affordable cancer accounted for an additional 13 lenge. It is time to develop a health drugs. We have created a statutory percent. In 2006, the Medicare Part B care system that reflects and responds framework for chemical drugs that bal- program spent more than $5 billion on to how people are living today, that ad- ances incentives for continued innova- biologic drugs. dresses the critical problems in cost, tions with access to affordable drugs More than $10 billion worth of bio- quality, and coverage. for patients. But, this framework has pharmaceuticals will come off patent We can use what is right in health not yet expanded to biotech drugs, in the next 5 years but will continue to care—incredible ingenuity, leaders at which are on the cutting edge of cost on-patent prices unless we act. the forefront of medical research, ad- science but for which the laws are Our legislation creates a pipeline for vances in technology, the best medical hopelessly out of date. approval of safe, cost effective generic professionals in the world—to fix what Now is the time to ensure that Amer- versions of these biologic drugs. With- is wrong. ican consumers have the same access out action, the manufacturers of these Smart solutions to the vexing prob- to life-saving biotech drugs that con- biotech drugs can continue to charge lems plaguing our health care system sumers have to well-known, widely monopoly prices indefinitely. will require evidence-based—not ideo- used chemical drugs. Patients need to This is a perfect example of sky- logically-based—decision making. be able to afford and access their medi- rocketing costs in health care—and a My wonderful predecessor, Senator cations, and they don’t care what kind perfect opportunity to put the brakes Moynihan, memorably said, ‘‘Everyone of drug they have. Patients rely on on this overspending, which is bad for is entitled to his own opinion, but no biotech drugs to treat a wide array of patients, businesses, and our country. one is entitled to his own facts.’’ Well, diseases, ranging from diabetes to can- According to a report released in right now, we see a lot of people who cer to AIDS, but with no generic January by Engel & Novitt to the have their own facts that are not based versions of biotech drugs available, Pharmaceutical Care Management As- on the evidence. these drugs can cost tens of thousands sociation, passage of this bill could The fact is, building a pipeline for ge- of dollars a year—too expensive for save, by conservative estimates, $14 neric biologics is long overdue. Achiev- many patients to afford. Introducing billion over the next 10 years in Medi- ing this goal is a top priority for me in fair competition for biotech drugs is care Part B alone. the HELP Committee when we consider essential to make life-saving biotech Scientific advances over the past 20 FDA-related legislation this spring and treatments affordable. years have made the biotechnology in- I look forward to working with Senator The Access to Life-Saving Medicine dustry an integral part of the pharma- SCHUMER and my other colleagues to Act will allow the FDA to approve ge- ceutical industry, but our health care get it done. neric versions of biologic drugs that system has not kept pace. Our laws There being no objection, the text of have been determined to be both safe need to be updated to reflect the crit- the bill was ordered to be printed in and effective. The FDA is not required ical role biologics now play in treat- the RECORD, as follows: to approve any generic biologics, but if ment. S. 623 the data is there, they will now have The Access to Life-Saving Medicine Be it enacted by the Senate and House of Rep- the ability to do so. Act amends the Public Health Service resentatives of the United States of America in A report released earlier this year by Act to authorize the FDA to approve Congress assembled, Pharmaceutical Care Management As- abbreviated applications for biological SECTION 1. SHORT TITLE. sociation estimated that the introduc- products that are ‘‘comparable’’ to and This Act may be cited as the ‘‘Access to tion of generic biotech drugs into the ‘‘interchangeable’’ with previously ap- Life-Saving Medicine Act’’. market could save Medicare Part B $14 proved biological products. And be- SEC. 2. DEFINITIONS. billion over the next ten years. We cause biological products are very di- (a) AMENDMENTS.—Section 351(i) of the need to embrace those potential sav- verse, the Secretary has discretion on a Public Health Service Act (42 U.S.C. 262(i)) is amended— ings and provide American consumers case-by-case basis to determine what (1) by striking ‘‘In this section, the term access to affordable biotech drugs. studies are necessary to establish com- ‘biological product’ means’’ and inserting Moving this legislation forward and parability and interchangeability, and the following: ‘‘In this section: creating a statutory pathway for ge- may require a clinical study or studies ‘‘(1) The term ‘biological product’ means’’; neric versions of biotech drugs to enter if necessary. and the market is one of my highest prior- To encourage the development of (2) by adding at the end the following: ities in the 110th Congress. I look for- substitutable products, the legislation ‘‘(2) The term ‘abbreviated biological prod- ward to working with my colleagues, gives the first applicant to obtain ap- uct application’ means an abbreviated appli- proval of an interchangeable product a cation for a license of a biological product especially Senator CLINTON, to accom- containing the same, or similar, active in- plish this goal. period of exclusive marketing during gredient as a reference product. Mr. President, I ask unanimous con- which no other interchangeable version ‘‘(3) The term ‘reference product’ means sent that the text of the bill be printed of the product may be approved. In the single licensed biological product, ap- in the RECORD. order to facilitate timely access to proved under subsection (a) or subsection

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Any such ap- this paragraph for a biological product that evaluated for demonstration of safety, po- plication shall include the following: differs from, or incorporates a change to, the tency, or purity. ‘‘(A) Data demonstrating that the biologi- reference product with respect to one or ‘‘(4) The term ‘comparable’ or ‘com- cal product is comparable to or interchange- more characteristics described in subpara- parability’ in reference to a biological prod- able with the reference product. graphs (A) through (E) of paragraph (1), in- uct means the absence of clinically meaning- ‘‘(B) Data demonstrating that the biologi- cluding a difference in safety, purity, or po- ful differences between the biological prod- cal product and reference product contain tency, so long as the application contains uct and the reference product in terms of the highly similar principal molecular struc- sufficient information to establish the safe- safety, purity, and potency of the product tural features, notwithstanding minor dif- ty, purity, and potency of the biological based upon— ferences in heterogeneity profile, impurities, product relative to the reference product for ‘‘(A) data derived from chemical, physical, or degradation patterns. The Secretary shall its proposed condition or conditions of use. and biological assays, and other non-clinical find the following types of products to con- ‘‘(3) FDA REVIEW OF ABBREVIATED BIOLOGI- laboratory studies; and tain highly similar principal molecular CAL PRODUCT APPLICATIONS.— ‘‘(B) data from any necessary clinical structural features: ‘‘(A) GUIDANCE REGARDING REVIEW OF APPLI- study or studies sufficient to confirm safety, ‘‘(i) Two protein biological products with CATIONS.—The Secretary shall issue guidance purity, and potency in one or more appro- differences in structure between them solely for the individuals who review applications priate conditions of use for which the ref- due to post-translational events, infidelity of submitted under paragraph (1) or (2), which erence product is licensed and intended to be translation or transcription, or minor dif- used. ferences in amino acid sequence. shall relate to promptness in conducting the ‘‘(ii) Two polysaccharide biological prod- review, technical excellence, lack of bias and Any studies under subparagraph (B) shall be conflict of interest, and knowledge of regu- designed to avoid duplicative and unethical ucts with similar saccharide repeating units, even if the number of units differ and even if latory and scientific standards, and which clinical testing. shall apply equally to all individuals who re- ‘‘(5) The terms ‘interchangeable’ and there are differences in post-polymerization view such applications. ‘interchangeability’ mean, with respect to modifications. ‘‘(B) MEETINGS WITH SPONSORS AND APPLI- the condition of use involved, that the bio- ‘‘(iii) Two glycosylated protein products CANTS.—The Secretary shall meet with a logical product— with differences in structure between them sponsor of an investigation or an applicant ‘‘(A) is comparable to the reference prod- solely due to post-translational events, infi- for approval of a comparable or interchange- uct; and delity of translation or transcription, or ‘‘(B) can be expected to produce the same minor differences in amino acid sequence, able biological product under this subsection clinical result as the reference product in and if they had similar saccharide repeating if the sponsor or applicant makes a reason- any given patient. units, even if the number of units differ and able written request for a meeting for the ‘‘(6) The term ‘thorough characterization’ even if there were differences in post-polym- purpose of reaching agreement on the design means an analysis of structural features erization modifications. and size of studies needed for approval of the based upon appropriate analytical and func- ‘‘(iv) Two polynucleotide biological prod- application. The sponsor or applicant shall tional testing sufficient to identify dif- ucts with identical sequence of purine and provide information necessary for discussion ferences between a biological product and pyrimidine bases (or their derivatives) bound and agreement on the design and size of such reference product relevant to safety, purity to an identical sugar backbone (ribose, deox- studies. Minutes of any such meeting shall or potency. yribose, or modifications of these sugars). be prepared by the Secretary and made avail- ‘‘(7) The term ‘final action’ means, with re- ‘‘(v) Closely related, complex partly defin- able to the sponsor or applicant. spect to an abbreviated biological product able biological products with similar thera- ‘‘(C) AGREEMENTS.—Any agreement regard- application, the Secretary’s issuance of a peutic intent, such as two live viral products ing the parameters of design and size of the final action letter to the sponsor of an abbre- for the same indication. studies of a biological product under this viated biological product application Two biological products not enumerated in paragraph that is reached between the Sec- which— the foregoing clauses may be demonstrated retary and a sponsor or applicant shall be re- ‘‘(A) approves the application; or to contain highly similar principal molec- duced to writing and made part of the ad- ‘‘(B) disapproves the application and sets ular structural features based upon such ministrative record by the Secretary. Such forth in detail an enumeration of the specific data and other information characterizing agreement shall not be changed after the deficiencies in the particular application and the two products as the Secretary deter- testing begins, except— of the specific, enumerated actions the spon- mines to be necessary. ‘‘(i) with the written agreement of the sor would be required to take in order for the ‘‘(C) Data demonstrating that the biologi- sponsor or applicant; or sponsor to receive a final action letter that cal product and reference product utilize the ‘‘(ii) pursuant to a decision, made in ac- approves such application. same mechanism or mechanisms of action cordance with subparagraph (D) by the direc- ‘‘(8) The term ‘final action date’ means, for the condition or conditions of use pre- tor of the reviewing division, that a substan- with respect to an abbreviated biological scribed, recommended, or suggested in the tial scientific issue essential to determining product application, the date by which the proposed labeling, but only to the extent the the safety, purity, and potency of the bio- Secretary must take a final action on the ap- mechanism or mechanisms of action are logical product has been identified after the plication pursuant to subsection (k)(11). known for the reference product. testing has begun. ‘‘(9) The term ‘reviewing division’ means ‘‘(D) Information to show that the condi- ‘‘(D) PROCEDURE REGARDING CERTAIN DECI- the division responsible for the review of an tion or conditions of use prescribed, rec- SIONS.—A decision under subparagraph (C)(ii) application for approval of a biological prod- ommended, or suggested in the labeling pro- by the director shall be in writing and the uct (including all scientific and medical mat- posed for the biological product have been Secretary shall provide to the sponsor or ap- ters, chemistry, manufacturing, and con- previously approved for the reference prod- plicant an opportunity for a meeting at trols).’’. uct. which the director and the sponsor or appli- (b) RULE OF CONSTRUCTION.—Nothing in ‘‘(E) Information to show that the route of cant will be present and at which the direc- this Act or the amendments made by this administration, the dosage form, and the tor will document the scientific issue in- Act shall be construed to exclude an applica- strength of the biological product are the volved. tion for licensure of a biological product same as those of the reference product. ‘‘(E) EFFECT OF DECISIONS.—The written de- under section 351(k) from the definition of a ‘‘(F) Data demonstrating that the facility cisions of the reviewing division shall be human drug application in section 735(1)(C) in which the biological product is manufac- of the Federal Food, Drug, and Cosmetic Act tured, processed, packed, or held meets binding upon, and may not directly or indi- (21 U.S.C. 379g(1)(C)). standards designed to assure that the bio- rectly be changed by, the field or compliance office personnel unless such field or compli- SEC. 3. REGULATION OF COMPARABLE AND logical product continues to be safe, pure, INTERCHANGEABLE BIOLOGICAL and potent. ance office personnel demonstrate to the re- PRODUCTS. ‘‘(G) At the applicant’s option, publicly- viewing division why such decision should be (a) IN GENERAL.—Section 351 of the Public available information regarding the Sec- modified. Health Service Act (42 U.S.C. 262) is amend- retary’s previous determination that the ref- ‘‘(F) DELAYS BY REVIEWING DIVISIONS.—No ed— erence product is safe, pure, and potent. action by the reviewing division may be de- (1) in subsection (a)(1)(A), by inserting ‘‘(H) Any additional data and information layed because of the unavailability of infor- ‘‘under this subsection or subsection (k)’’ in support of the application, including pub- mation from or action by field personnel un- after ‘‘biologics license’’; and licly-available information with respect to less the reviewing division determines that a (2) by adding at the end the following sub- the reference product or another biological delay is necessary to assure the marketing of section: product. a safe, pure, and potent biological product. ‘‘(k) REGULATION OF COMPARABLE AND ‘‘(2) OTHER APPLICATIONS.—Any person, in- ‘‘(4) APPROVAL OF COMPARABLE OR INTER- INTERCHANGEABLE BIOLOGICAL PRODUCTS.— cluding a person who has not conducted and CHANGEABLE BIOLOGICAL PRODUCTS.— ‘‘(1) SUBMISSION OF AN ABBREVIATED BIO- does not have a right of reference to the ‘‘(A) DETERMINATION OF COMPARABILITY.— LOGICAL PRODUCT APPLICATION.—Any person studies in the application for a reference Upon review of an application submitted may file with the Secretary an abbreviated product, may submit an application under under paragraph (1) or (2) for a biological

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product, the Secretary shall issue a com- ‘‘(B) DETERMINATIONS ON INTERCHANGE- plication. Nothing in this subsection shall be parable biological product license for all con- ABILITY.—Subject to subparagraph (C) and construed to prohibit the Secretary from ditions of use of the reference product shar- paragraph (10), upon issuing a product li- making a determination of interchange- ing the same mechanism or mechanisms of cense for a biological product under subpara- ability at any time after approval. action for which the applicant has dem- graph (A), the Secretary shall make and pub- ‘‘(B) GUIDANCE.—Within one year after en- onstrated comparability for a single condi- lish one of the following determinations: actment of the Access to Life-Saving Medi- tion of use, or, if the mechanism or mecha- ‘‘(i) Such product is interchangeable with cine Act, the Secretary shall issue guidance nisms of action are unknown, for the condi- the reference product for one or more speci- regarding standards and requirements for tion or conditions of use for which the data fied conditions of use prescribed, rec- interchangeability. The Secretary may make submitted establishes comparability, unless ommended, or suggested in the labeling of determinations of interchangeability under the Secretary finds and informs the appli- the biological product. paragraph (4)(B) prior to issuing guidance cant that— ‘‘(ii) Interchangeability has not been estab- under this subparagraph. ‘‘(i) information submitted in the applica- lished. ‘‘(9) INTERCHANGEABILITY LABELING FOR tion or any other information available to ‘‘(C) DETERMINATION OF INTERCHANGE- COMPARABLE BIOLOGICAL PRODUCTS.—Upon a the Secretary is insufficient to show that the ABILITY OF SUBSEQUENT BIOLOGICAL PROD- determination of interchangeability, the biological product is comparable to the ref- UCT.—If the Secretary determines that an Secretary, if requested by the applicant, erence product for the condition or condi- application meets the approval requirements shall provide for the label of the comparable tions of use prescribed, recommended, or of subparagraph (A), and, prior to the biological product to include a statement suggested in the labeling proposed in the ap- issuance of a product license, the Secretary that the biological product is interchange- plication; has made a determination of interchangeable with the reference product for the con- ‘‘(ii) information submitted in the applica- ability of another biological product and the ditions of use prescribed, recommended, or tion or any other information available to reference product for which the exclusivity suggested in the labeling for which inter- the Secretary is insufficient to show that the period under paragraph (10) has not expired, changeability has been established. biological product and the reference product the Secretary shall— ‘‘(10) EXCLUSIVITY.— contain highly similar principal molecular ‘‘(i) issue the product license for the subse- ‘‘(A) IN GENERAL.—Upon review of an ab- structural features, notwithstanding minor quent biological product; and breviated biological product application re- differences in heterogeneity profile, impuri- ‘‘(ii) defer issuing any determination of lying on the same reference product for ties, or degradation patterns; interchangeability as to the subsequent bio- which a prior biological product has received ‘‘(iii) information submitted in the appli- logical product and the reference product a determination of interchangeability for cation or any other information available to until the exclusivity period under paragraph any condition of use, the Secretary shall not the Secretary is insufficient to show that the (10) has expired. make a determination under paragraph biological product and reference product uti- ‘‘(5) POSTMARKETING STUDIES FOR APPLICA- (4)(B) that the second or subsequent biologi- lize the same mechanism or mechanisms of TIONS SUBMITTED UNDER PARAGRAPH (1).—If cal product is interchangeable for any condi- action for the conditions of use prescribed, the Secretary has agreed with the sponsor of tion of use, and no holder of a biological recommended, or suggested in the labeling the reference product, at the time of ap- product license approved under subsection proval or any time thereafter, that the spon- proposed for the biological product, unless (a) shall manufacture, market, sell, or dis- the mechanism or mechanisms of action are sor shall conduct one or more postmarketing tribute a rebranded interchangeable biologi- not known for the reference product for such safety studies, a person submitting an appli- cal product, directly or indirectly, or author- condition or conditions; cation for a biological product under para- ize any other person to manufacture, mar- ‘‘(iv) information submitted in the applica- graph (1) may agree with the Secretary to ket, sell, or distribute a rebranded inter- tion or any other information available to conduct a similar postmarketing safety changeable biological product, for any condi- the Secretary is insufficient to show that the study or studies upon a reasonable showing tion of use, until the earlier of— route of administration, the dosage form, that such study or studies would provide rel- ‘‘(i) 180 days after the first commercial and the strength of the biological product evant information not available from the marketing of the first interchangeable com- are the same as those of the reference prod- studies on the reference product. The Sec- parable biological product to be approved as uct; retary shall not, as a condition of approval, ‘‘(v) information submitted in the applica- propose any additional postmarketing stud- interchangeable for that reference product; tion or any other information available to ies for such biological product. ‘‘(ii) one year after— ‘‘(I) a final court decision on all patents in the Secretary is insufficient to show that the ‘‘(6) DESIGNATION OF OFFICIAL NAME.—If, condition or conditions of use prescribed, pursuant to section 508 of the Federal Food, suit in an action instituted under paragraph recommended, or suggested in the labeling Drug, and Cosmetic Act, the Secretary deter- (17)(C) against the applicant that submitted proposed for the biological product are lim- mines that designation of an official name the application for the first approved inter- ited to one or more of the same use or uses for a comparable biological product is nec- changeable comparable biological product; as have been previously approved for the ref- essary or desirable in the interests of useful- or erence product; ness or simplicity, the Secretary shall des- ‘‘(II) the dismissal with or without preju- ‘‘(vi) information submitted in the applica- ignate the same official name for the com- dice of an action instituted under paragraph tion or any other information available to parable biological product as the Secretary (17)(C) against the applicant that submitted the Secretary shows (I) the inactive ingredi- designated for the reference product. This the application for the first approved inter- ents of the biological product are unsafe for paragraph shall not apply to products ap- changeable comparable biological product; use under the conditions prescribed, rec- proved under paragraph (7). or ommended, or suggested in the labeling pro- ‘‘(7) OTHER APPROVAL PROVISIONS.—The ‘‘(iii)(I) 36 months after approval of the posed for the biological product, or (II) the Secretary shall approve, under the provi- first interchangeable comparable biological composition of the biological product is un- sions of paragraph (4)(A), an application for product if the applicant has been sued under safe under such conditions because of the a license submitted under paragraph (2), ex- paragraph (17)(C) and such litigation is still type or quantity of inactive ingredients in- cept that the Secretary shall approve such ongoing within such 36-month period; or cluded or the manner in which the inactive an application that would otherwise be dis- ‘‘(II) one year after approval in the event ingredients are included; approved by reason of one or more of sub- that the first approved interchangeable com- ‘‘(vii) information submitted in the appli- paragraphs (A) through (E) of paragraph parable applicant has not been sued under cation or any other information available to (4)(A), if the application and any other infor- paragraph (17)(C). the Secretary fails to demonstrate that the mation available to the Secretary are suffi- For purposes of this subparagraph, the term facility in which the biological product is cient to establish the safety, purity, and po- ‘final court decision’ means a final decision manufactured, processed, packed, or held tency of the comparable biological product of a court from which no appeal (other than meets standards designed to assure that the relative to the reference product for the pro- a petition to the United States Supreme biological product continues to be safe, pure, posed condition or conditions of use for such Court for a writ of certiorari) has been or and potent; product. can be taken. ‘‘(viii) the Secretary has withdrawn or sus- ‘‘(8) ESTABLISHING INTERCHANGEABILITY FOR ‘‘(B) REBRANDED INTERCHANGEABLE BIOLOGI- pended the license of the reference product, COMPARABLE BIOLOGICAL PRODUCTS.— CAL PRODUCT.—For purposes of this sub- for safety or effectiveness reasons, or has ‘‘(A) IN GENERAL.—In an original applica- section, the term ‘rebranded interchangeable published a notice of opportunity for hearing tion or a supplement to an application under biological product’— to withdraw such license for safety or effec- this subsection, an applicant may submit in- ‘‘(i) means any rebranded interchangeable tiveness reasons, or the Secretary has deter- formation to the Secretary to demonstrate version of the reference product involved mined that the reference product has been the interchangeability of a comparable bio- that the holder of the biological product li- withdrawn from sale for safety or effective- logical product and the reference product. cense approved under subsection (a) for that ness reasons; or An applicant may withdraw an interchange- reference product seeks to commence mar- ‘‘(ix) the application contains an untrue ability submission at any time. A request for keting, selling, or distributing, directly or statement of material fact; and an interchangeability determination sub- indirectly; and provides the applicant with a detailed expla- mitted after the filing of an application shall ‘‘(ii) does not include any product to be nation for the decision. be considered a major amendment to the ap- marketed, sold, or distributed—

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2007 CONGRESSIONAL RECORD — SENATE S2057 ‘‘(I) by an entity eligible for exclusivity specific and particularized reasons enumer- or patents included in the notice, and only in with respect to such product under this para- ated by the reviewing division for each in- a judicial district identified pursuant to sub- graph; or stance of the Secretary’s failure to take final paragraph (B)(iii). ‘‘(II) after expiration of any exclusivity action by the final action date in the pre- ‘‘(D) LIMITATION ON DECLARATORY JUDG- with respect to such product under this para- vious year. MENT ACTIONS.—With respect to any patent graph. ‘‘(16) REGULATIONS.—The Secretary shall relating to a product that is the subject of ‘‘(11) HEARING.—If the Secretary decides to establish, by regulation within 2 years after an application under this subsection, the re- disapprove an abbreviated biological product the date of the enactment of this subsection, cipient of a notice under subparagraph (B) application, the Secretary shall give the ap- requirements for the efficient review, ap- with respect to that application may not, plicant notice of an opportunity for a hear- proval, suspension, and revocation of abbre- prior to the commercial marketing of the ing before the Secretary on the question of viated biological product applications under product, bring any action under section 2201 whether such application is approvable. If this subsection. of title 28, United States Code, for a declara- the applicant elects to accept the oppor- ‘‘(17) PATENTS.— tion of infringement, validity, or enforce- tunity for hearing by written request within ‘‘(A) REQUEST FOR PATENT INFORMATION.— ability of any such patent that was not iden- thirty days after such notice, such hearing ‘‘(i) IN GENERAL.—At any time, including at tified in the notice. With respect to any such shall commence not more than ninety days the initial stages of development, an appli- patent identified in the notice, any such ac- after the expiration of such thirty days un- cant or a prospective applicant under this tion may, notwithstanding chapter 87 of title less the Secretary and the applicant other- subsection may send a written request for 28, United States Code, be brought only in a wise agree. Any such hearing shall thereafter patent information to the holder of the ap- judicial district identified in the notice. be conducted on an expedited basis, and the proved application for the reference product. ‘‘(E) DISCRETION OF APPLICANTS.—An appli- Secretary’s order thereon shall be issued The holder of the approved application for cant or prospective applicant for a com- within ninety days after the date fixed by the reference product shall, not later than 60 parable biological product under this sub- the Secretary for filing final briefs. days after the date on which the holder re- section may not be compelled, by court order ‘‘(12) FINAL ACTION DATE.— ceives the request, provide to the applicant or otherwise, to initiate the procedures set ‘‘(A) IN GENERAL.—The Secretary shall or prospective applicant a list of all those forth in this paragraph. Nothing in this para- take a final action on an abbreviated biologi- patents owned by, or licensed to, the holder graph requires an applicant or a prospective cal product application by the date that is 8 of the approved application that the holder applicant to invoke the procedures set forth calendar months following the sponsor’s sub- believes in good faith relate to the reference in this paragraph. mission of such application, or 180 days fol- product, including patents that claim the ap- ‘‘(18) PETITIONS AND CIVIL ACTIONS REGARD- lowing the Secretary’s notification to the proved biological product, any method of ING APPROVAL OF CERTAIN APPLICATIONS.— applicant that its application has been ac- using such product, any component of such ‘‘(A) IN GENERAL.—With respect to a pend- cepted for filing, whichever is earlier. product, or any method or process of manu- ing application submitted under paragraph ‘‘(B) EXTENSION.—The final action date facturing such product or component. (1) or (2), if a petition is submitted to the provided by subparagraph (A) with respect to ‘‘(ii) COSTS OF COMPLYING WITH REQUEST.— Secretary that seeks to have the Secretary an application may be extended for such pe- The application holder may demand pay- take, or refrain from taking, any form of ac- riod of time as is agreed to by the Secretary ment of not more than $1,000 to offset the tion relating to the approval of the applica- and the applicant in a jointly executed writ- cost of responding to the request for infor- tion, including a delay in the effective date ten agreement that is counter-signed by the mation. of the application, the following applies, sub- Secretary and the applicant no later than 30 ‘‘(iii) UPDATES.—For a period of two years ject to subparagraph (E): days prior to such date. beginning on the date on which the holder of ‘‘(i)(I) The Secretary may not, on the basis ‘‘(13) REQUEST FOR DELAY OF FINAL AC- the approved application for the reference of the petition, delay approval of the appli- TION.—Notwithstanding paragraph (18) or product receives the request for information, cation unless the Secretary determines, any other provision of law, the Secretary the holder shall send to the applicant or pro- within 30 days after receiving the petition, shall not fail or refuse to take a final action spective applicant updates of its response to that a delay is necessary to protect the pub- on an abbreviated biological product applica- the request for information by identifying lic health. Consideration of a petition shall tion by the final action date on the basis all relevant patents issued or licensed to the be separate and apart from the review and that a person, other than the comparable bi- holder after the initial response under clause approval of the application. ological product applicant, has requested (in (i). Any such update must be provided, in the ‘‘(II) With respect to a determination by a petition or otherwise) that the Secretary case of a new patent, not later than 30 days the Secretary under subclause (I) that a refuse to take or otherwise defer such final after the date on which the patent is issued delay is necessary to protect the public action, and no court shall enjoin the Sec- and, in the case of a license, not later than health: retary from taking final action or stay the 30 days after the date on which the holder ‘‘(aa) The Secretary shall publish on the effect of final action previously taken by the obtains the license. Internet site of the Food and Drug Adminis- Secretary, except by issuance of a permanent ‘‘(iv) ADDITIONAL REQUESTS.—The applicant tration a statement providing the reasons injunction based upon an express finding of may submit additional requests for patent underlying the determination. clear and convincing evidence that the per- information, subject to the requirements of ‘‘(bb) Not later than 10 days after making son seeking to have the Secretary refuse to this paragraph, at any time. the determination, the Secretary shall pro- take or otherwise to defer final action by the ‘‘(B) PATENT NOTIFICATIONS.—At any time vide notice to the sponsor of the application final action date— after submitting an application under this and an opportunity for a meeting with the ‘‘(A) has prevailed on the merits of the per- subsection, the applicant may provide a no- Commissioner to discuss the determination. son’s complaint against the Secretary; tice of the application with respect to any ‘‘(ii) The Secretary shall take final agency ‘‘(B) will suffer imminent and actual irrep- one or more patents identified by the holder action on the petition not later than 180 days arable injury, constituting more than irre- of the reference product pursuant to sub- after the date on which the petition is sub- coverable economic loss, and that also will paragraph (A). An applicant may submit admitted. The Secretary shall not extend such threaten imminent destruction of such per- ditional notices at any time, and each notice period, even with the consent of the peti- son’s business; and shall be subject to the provisions of this sub- tioner, for any reason, including based upon ‘‘(C) has an interest that outweighs the paragraph. Each notice shall— the submission of comments relating to the overwhelming interest that the public has in ‘‘(i) be sent to the holder of the approved petition or supplemental information sup- obtaining prompt access to a comparable bi- application for the reference product and to plied by the petitioner. ological product. the owner of any patent identified by the ‘‘(iii) The Secretary may not consider the ‘‘(14) REPORT ON EXTENSIONS OF FINAL AC- holder pursuant to subparagraph (A); petition for review unless it is signed and TION DATE.—The Secretary shall prepare and ‘‘(ii) include a detailed statement of the contains the following verification: ‘I certify submit to the President, the Committee on factual and legal bases for the applicant’s be- that, to my best knowledge and belief: (a) Energy and Commerce of the House of Rep- lief that the patents included in the notice this petition includes all information and resentatives, and the Committee on Health, are invalid, are unenforceable, or will not be views upon which the petition relies; (b) this Education, Labor, and Pensions of the Sen- infringed by the commercial sale of the prod- petition includes representative data and/or ate a report regarding any jointly executed uct for which approval is being sought under information known to the petitioner which written agreement to extend the final action this subsection; and are unfavorable to the petition; and (c) I date under this Act within 15 calendar days ‘‘(iii) identify 1 or more judicial districts have taken reasonable steps to ensure that after the joint execution of any such written in which the applicant consents to such suit any representative data and/or information agreement. being brought. which are unfavorable to the petition were ‘‘(15) REPORT ON FAILURE TO TAKE FINAL AC- ‘‘(C) ACTION FOR INFRINGEMENT.—Within 45 disclosed to me. I further certify that the in- TION.—The Secretary shall prepare and sub- days after the date on which the holder of formation upon which I have based the ac- mit annually to the President, the Com- the approved application for the reference tion requested herein first became known to mittee on Energy and Commerce of the product, or the owner of a patent, receives a the party on whose behalf this petition is House of Representatives, and the Com- notice under subparagraph (B), the holder or submitted on or about the following date: mittee on Health, Education, Labor, and patent owner may bring an action for in- lllllll. I received or expect to receive Pensions of the Senate a report detailing the fringement only with respect to the patent payments, including cash and other forms of

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2058 CONGRESSIONAL RECORD — SENATE February 15, 2007 consideration, from the following persons or ‘‘(ii) with respect to which a notice was port of a broad coalition of public organizations to file this petition: provided pursuant to subparagraph (B) of health organizations led by the Cam- llllllll. I verify under penalty of per- such section; and paign for Tobacco-Free Kids, the Amer- jury that the foregoing is true and correct.’. ‘‘(iii) for which an action for infringement ican Cancer Society, the American ‘‘(B) EXHAUSTION OF ADMINISTRATIVE REM- of the patent— EDIES.— ‘‘(I) was brought after the expiration of the Heart Association and the American ‘‘(i) FINAL AGENCY ACTION WITHIN 180 DAYS.— 45-day period described in subparagraph (C) Lung Association. They all recognize The Secretary shall be considered to have of such section; or the importance of enacting this bill taken final agency action on a petition re- ‘‘(II) was brought before the expiration of this year. ferred to in subparagraph (A) if— the 45-day period described in subclause (I), The legislation we are introducing ‘‘(I) during the 180-day period referred to in but which was dismissed without prejudice today is well known. It is the same bill clause (ii) of such subparagraph, the Sec- or was not prosecuted to judgment in good that passed the Senate in 2004, and that retary makes a final decision within the faith. we introduced in the last Congress. meaning of section 10.45(d) of title 21, Code of ‘‘(B) In an action for infringement of a pat- Federal Regulations (or any successor regu- ent described in subparagraph (A), the sole However, in this new Congress, the lations); or and exclusive remedy that may be granted likelihood of passage is greatly en- ‘‘(II) such period expires without the Sec- by a court, upon a finding that the person hanced. Last November’s election retary having made such a final decision. who submitted the notice described in sub- swept away many of the barriers to ‘‘(ii) DISMISSAL OF CERTAIN CIVIL ACTIONS.— paragraph (A)(ii) infringed the patent, or passage from prior years. We believe If a civil action is filed with respect to a pe- that any person induced or contributed to in- 2007 is the year that legislation empow- tition referred to in subparagraph (A) before fringement of the patent, shall be a reason- ering the FDA to regulate tobacco final agency action within the meaning of able royalty. clause (i) has occurred, the court shall dis- products will finally become law. ‘‘(C) The owner of a patent that should We intend to move forward on the miss the action for failure to exhaust admin- have been disclosed in response to a request istrative remedies. for patent information made by an applicant legislation quickly. I have already ‘‘(C) APPLICABILITY OF CERTAIN REGULA- pursuant to subparagraph (A)(i) of section scheduled a hearing in the HELP Com- TIONS.—The provisions of this section are in 351(k)(17) of the Public Health Service Act, mittee for February 27, and a markup addition to the requirements for the submis- but that was not timely disclosed under that is planned soon thereafter. sion of a petition to the Secretary that apply subparagraph, may not bring an action under The stakes are vast. Four thousand under section 10.30 or 10.35 of title 21, Code of this section for infringement of that pat- children have their first cigarette Federal Regulations (or any successor regu- ent.’’. lations). every day, and one thousand become (2) CONFORMING AMENDMENTS.— ‘‘(D) ANNUAL REPORT ON DELAYS IN APPROV- daily smokers. More than one-third of (A) TITLE 28.—Section 2201(b) of title 28, them will die prematurely from to- ALS PER PETITIONS.—The Secretary shall an- United States Code, is amended by inserting nually submit to the Congress a report that before the period the following: ‘‘, or section bacco-induced diseases. Cigarettes kill specifies— 351 of the Public Health Service Act’’. well over 400,000 Americans each year. ‘‘(i) the number of applications under this (B) PUBLIC HEALTH SERVICE ACT.—Subjec- That is more lives lost than from auto- subsection that were approved during the tion (j) of section 351 of the Public Health mobile accidents, alcohol abuse, illegal preceding 12-month period; Service Act (42 U.S.C. 262) is amended by in- ‘‘(ii) the number of such applications drugs, AIDS, murder, and suicide com- serting ‘‘or subsection (k)’’ after ‘‘subsection whose effective dates were delayed by peti- bined. Congress’s response to a public (a)’’. tions referred to in subparagraph (A) during health problem of this magnitude is such period; and By Mr. KENNEDY (for himself, long overdue. ‘‘(iii) the number of days by which the ap- Regulating the conduct of tobacco Mr. CORNYN, Mr. HARKIN, Mr. plications were so delayed. companies is as necessary today as it MCCAIN, Mr. DURBIN, Mr. ‘‘(E) EXCEPTION.—This paragraph does not has been in years past. The facts pre- LUGAR, Mr. DODD, Mr. SMITH, apply to a petition that is made by the spon- sented in the Federal Government’s sor of an application under this subsection Mr. REED, Ms. SNOWE, Mr. LAU- landmark lawsuit against the tobacco and that seeks only to have the Secretary TENBERG, Ms. MURKOWSKI, Mr. industry demonstrate that the mistake or refrain from taking any form of ac- BINGAMAN, Ms. COLLINS, Ms. MI- conduct is substantial and ongoing. tion with respect to that application. KULSKI, Mr. STEVENS, Mrs. MUR- ‘‘(F) DEFINITION.—For purposes of this The decision of the court states: ‘‘The RAY, Mr. DOMENICI, Mrs. CLIN- paragraph, the term ‘petition’ includes any evidence in this case clearly estab- TON, Mr. COCHRAN, Mrs. FEIN- request to the Secretary, without regard to lishes that Defendants have not ceased STEIN, Mr. LEAHY, Mr. OBAMA, whether the request is characterized as a pe- engaging in unlawful activity . . . De- Mr. SANDERS, Mr. BROWN, Mr. tition.’’. fendants continue to engage in conduct (b) ADDITIONAL AMENDMENTS.— SCHUMER, Mr. AKAKA, Mr. KOHL, that is materially indistinguishable (1) PATENTS.—Section 271(e) of title 35, Ms. CANTWELL, Mr. CARPER, and from their previous actions, activity United States Code, is amended— Mr. NELSON of Florida): (A) in paragraph (2)— S. 625. A bill to protect the public that continues to this day.’’ (i) by striking ‘‘or’’ at the end of subpara- health by providing the Food and Drug We must deal firmly with tobacco graph (A); Administration with certain authority company marketing practices that tar- (ii) by adding ‘‘or’’ at the end of subpara- get children and mislead the public. graph (B); to regulate tobacco products; to the Committee on Health, Education, The Food and Drug Administration (iii) by inserting after subparagraph (B) needs broad authority to regulate the the following: Labor, and Pensions. ‘‘(C) a notice described in section Mr. KENNEDY. Mr. President, today, sale, distribution, and advertising of 351(k)(17)(B) of the Public Health Service we are introducing legislation to give cigarettes and smokeless tobacco. Act, but only with respect to a patent identi- the Food and Drug Administration The tobacco industry currently fied in such notice,’’; and broad authority to regulate tobacco spends over $15 billion a year to pro- (iv) in the matter following subparagraph products. Congress cannot in good con- mote its products. Much of that money (C) (as inserted by clause (iii) of this sub- science allow the Federal agency most is spent in ways designed to tempt chil- paragraph), by inserting before the period responsible for protecting the public dren to start smoking, before they are the following: ‘‘, or if the notice described in mature enough to appreciate the enor- subparagraph (C) is provided in connection health to remain powerless to deal with an application to obtain a license to en- with the enormous risks of tobacco, mity of the health risk. The industry gage in the commercial manufacture, use, or the most deadly of all consumer prod- knows that nearly 90 percent of smok- sale of a biological product claimed in a pat- ucts. Health experts believe this legis- ers begin as children and are addicted ent or the use of which is claimed in a patent lation is the most important action by the time they reach adulthood. before the expiration of such patent’’; and Congress could take to protect children Documents obtained from tobacco (B) by adding at the end the following from this deadly addiction. companies prove, in the companies’ paragraph: This is a bipartisan, bicameral initia- own words, the magnitude of the indus- ‘‘(6)(A) This paragraph applies, in lieu of try’s efforts to trap children into de- paragraph (4), in the case of a patent— tive. The bill that Senator CORNYN and ‘‘(i) which is disclosed in a response to a re- I are introducing already has over 25 pendency on their deadly product. quest for patent information pursuant to cosponsors. Congressman WAXMAN and Studies by the Institute of Medicine subparagraph (A) of section 351(k)(17) of the DAVIS will introduce identical legisla- and the Centers for Disease Control Public Health Service Act; tion in the House. Our bill has the sup- show the substantial role of industry

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2007 CONGRESSIONAL RECORD — SENATE S2059 advertising in decisions by young peo- addictiveness for decades, but actually prevent the sale of tobacco products to ple to use tobacco products. relied on it as the basis for their mar- minors, to help smokers overcome If we are serious about reducing keting strategy. As we now know, ciga- their addiction, to make tobacco prod- youth smoking, FDA must have the rette manufacturers chemically manip- ucts less toxic for those who continue power to prevent industry advertising ulated the nicotine in their products to to use them, and to prevent the to- designed to appeal to children wherever make it even more addictive. bacco industry from misleading the it will be seen by children. This legisla- A newly released analysis by the Har- public about the dangers of smoking. tion will give FDA the authority to vard School of Public Health dem- Enacting this bill this year is the stop tobacco advertising that glamor- onstrates that cigarette manufacturers right thing to do for America’s chil- izes smoking to kids. It grants FDA are still manipulating nicotine levels. dren. They are depending on us. By full authority to regulate tobacco ad- Between 1998 and 2005, they signifi- passing this legislation, we can help vertising ‘‘consistent with and to the cantly increased the nicotine yield them live longer, healthier lives. full extent permitted by the First from major brand name cigarettes. The Mr. President, I ask unanimous con- Amendment.’’ average increase in nicotine yield over sent that the text of the bill be printed FDA authority must also extend to the period was 11 percent. in the RECORD. the sale of tobacco products. Nearly The tobacco industry has a long, dis- There being no objection, the text of every State makes it illegal to sell honorable history of providing mis- the bill was ordered to be printed in cigarettes to children under 18, but sur- leading information about the health the RECORD, as follows: veys show that those laws are rarely consequences of smoking. These com- S. 625 enforced and frequently violated. FDA panies have repeatedly sought to char- Be it enacted by the Senate and House of Rep- must have the power to limit the sale acterize their products as far less haz- resentatives of the United States of America in of cigarettes to face-to-face trans- ardous than they are. They made Congress assembled, actions in which the age of the pur- minor innovations in product design SECTION 1. SHORT TITLE; TABLE OF CONTENTS. chaser can be verified by identifica- seem far more significant for the (a) SHORT TITLE.—This Act may be cited as tion. This means an end to self-service health of the user than they actually the ‘‘Family Smoking Prevention and To- displays and vending machine sales. were. It is essential that FDA have bacco Control Act’’. (b) TABLE OF CONTENTS.—The table of con- There must also be serious enforce- clear and unambiguous authority to tents of this Act is as follows: ment efforts with real penalties for prevent such misrepresentations in the Sec. 1. Short title; table of contents. those caught selling tobacco products future. The largest disinformation Sec. 2. Findings. to children. This is the only way to en- campaign in the history of the cor- Sec. 3. Purpose. sure that children under 18 are not able porate world must end. Sec. 4. Scope and effect. to buy cigarettes. Given the addictiveness of tobacco Sec. 5. Severability. The FDA conducted the longest rule- products, it is essential that the FDA TITLE I—AUTHORITY OF THE FOOD AND making proceeding in its history, regulate them for the protection of the DRUG ADMINISTRATION studying which regulations would most public. Over 40 million Americans are Sec. 101. Amendment of Federal food, drug, effectively reduce the number of chil- currently addicted to cigarettes. No re- and Cosmetic Act. Sec. 102. Final rule. dren who smoke. Seven hundred thou- sponsible public health official believes Sec. 103. Conforming and other amendments sand public comments were received in that cigarettes should be banned. A to general provisions. the course of that rulemaking. At the ban would leave 40 million people with- TITLE II—TOBACCO PRODUCT conclusion of its proceeding, the agen- out a way to satisfy their drug depend- WARNINGS; CONSTITUENT AND SMOKE cy promulgated rules on the manner in ency. FDA should be able to take the CONSTITUENT DISCLOSURE which cigarettes are advertised and necessary steps to help addicted smok- Sec. 201. Cigarette label and advertising sold. Due to litigation, most of those ers overcome their addiction, and to warnings. regulations were never implemented. If make the product less toxic for smok- Sec. 202. Authority to revise cigarette warn- we are serious about curbing youth ers who are unable or unwilling to ing label statements. smoking as much as possible, as soon Sec. 203. State regulation of cigarette adver- stop. To do so, FDA must have the au- tising and promotion. as possible; it makes no sense to re- thority to reduce or remove hazardous Sec. 204. Smokeless Tobacco labels and ad- quire FDA to reinvent the wheel by ingredients from cigarettes, to the ex- vertising warnings. conducting a new multi-year rule- tent that it becomes scientifically fea- Sec. 205. Authority to revise Smokeless To- making process on the same issues. sible. The inherent risk in smoking bacco product warning label This legislation will give the youth ac- should not be unnecessarily com- statements. cess and advertising restrictions al- pounded. Sec. 206. Tar, Nicotine, and other smoke Recent statements by several to- constituent disclosure to the ready developed by FDA the immediate public. force of law, as if they had been issued bacco companies make clear that they TITLE III—PREVENTION OF ILLICIT under the new statute. plan to develop what they characterize TRADE IN TOBACCO PRODUCTS The legislation also provides for as ‘‘reduced risk’’ cigarettes. Some are Sec. 301. Labeling, recordkeeping, records stronger warnings on all cigarette and already on the market making unsub- inspection. smokeless tobacco packages, and in all stantiated claims. This legislation will Sec. 302. Study and report. print advertisements. These warnings require manufacturers to submit such SEC. 2. FINDINGS. will be more explicit in their descrip- ‘‘reduced risk’’ products to the FDA for The Congress finds the following: tion of the medical problems which can analysis before they can be marketed. (1) The use of tobacco products by the Na- result from tobacco use. The FDA is No health-related claims will be per- tion’s children is a pediatric disease of con- given the authority to change the text mitted until they have been verified to siderable proportions that results in new of these warning labels periodically, to the FDA’s satisfaction. These safe- generations of tobacco-dependent children keep their impact strong. guards are essential to prevent decep- and adults. The nicotine in cigarettes is highly (2) A consensus exists within the scientific tive industry marketing campaigns, and medical communities that tobacco prod- addictive. Medical experts say that it which could lull the public into a false ucts are inherently dangerous and cause can- is as addictive as heroin or cocaine. sense of health safety. cer, heart disease, and other serious adverse Yet for decades, tobacco companies ve- Smoking is the number one prevent- health effects. hemently denied the addictiveness of able cause of death in America. Con- (3) Nicotine is an addictive drug. their products. No one can forget the gress must vest FDA not only with the (4) Virtually all new users of tobacco prod- parade of tobacco executives who testi- responsibility for regulating tobacco ucts are under the minimum legal age to fied under oath before Congress that products, but with full authority to do purchase such products. smoking cigarettes is not addictive. (5) Tobacco advertising and marketing the job effectively. contribute significantly to the use of nico- Overwhelming evidence in industry This legislation will give the FDA tine-containing tobacco products by adoles- documents obtained through the dis- the legal authority it needs to reduce cents. covery process proves that the compa- youth smoking by preventing tobacco (6) Because past efforts to restrict adver- nies not only knew of this advertising which targets children, to tising and marketing of tobacco products

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2060 CONGRESSIONAL RECORD — SENATE February 15, 2007 have failed adequately to curb tobacco use increases the number of young people who vent the life-threatening health con- by adolescents, comprehensive restrictions begin to use tobacco. sequences associated with tobacco use. Such on the sale, promotion, and distribution of (21) The use of tobacco products in motion regulations are narrowly tailored to restrict such products are needed. pictures and other mass media glamorizes its those advertising and promotional practices (7) Federal and State governments have use for young people and encourages them to which are most likely to be seen or heard by lacked the legal and regulatory authority use tobacco products. youth and most likely to entice them into and resources they need to address com- (22) Tobacco advertising expands the size of tobacco use, while affording tobacco manu- prehensively the public health and societal the tobacco market by increasing consump- facturers and sellers ample opportunity to problems caused by the use of tobacco prod- tion of tobacco products including tobacco convey information about their products to ucts. use by young people. adult consumers. (8) Federal and State public health offi- (23) Children are more influenced by to- (33) Tobacco dependence is a chronic dis- cials, the public health community, and the bacco marketing than adults: more than 80 ease, one that typically requires repeated public at large recognize that the tobacco in- percent of youth smoke three heavily mar- interventions to achieve long-term or perma- dustry should be subject to ongoing over- keted brands, while only 54 percent of adults, nent abstinence. sight. 26 and older, smoke these same brands. (34) Because the only known safe alter- (9) Under article I, section 8 of the Con- (24) Tobacco company documents indicate stitution, the Congress is vested with the re- that young people are an important and native to smoking is cessation, interventions sponsibility for regulating interstate com- often crucial segment of the tobacco market. should target all smokers to help them quit merce and commerce with Indian tribes. Children, who tend to be more price-sen- completely. (10) The sale, distribution, marketing, ad- sitive than adults, are influenced by adver- (35) Tobacco products have been used to fa- vertising, and use of tobacco products are ac- tising and promotion practices that result in cilitate and finance criminal activities both tivities in and substantially affecting inter- drastically reduced cigarette prices. domestically and internationally. Illicit state commerce because they are sold, mar- (25) Comprehensive advertising restrictions trade of tobacco products has been linked to keted, advertised, and distributed in inter- will have a positive effect on the smoking organized crime and terrorist groups. state commerce on a nationwide basis, and rates of young people. (36) It is essential that the Food and Drug have a substantial effect on the Nation’s (26) Restrictions on advertising are nec- Administration review products sold or dis- economy. essary to prevent unrestricted tobacco ad- tributed for use to reduce risks or exposures (11) The sale, distribution, marketing, advertising from undermining legislation pro- associated with tobacco products and that it vertising, and use of such products substan- hibiting access to young people and pro- be empowered to review any advertising and tially affect interstate commerce through viding for education about tobacco use. labeling for such products. It is also essen- the health care and other costs attributable (27) International experience shows that tial that manufacturers, prior to marketing to the use of tobacco products. advertising regulations that are stringent such products, be required to demonstrate (12) It is in the public interest for Congress and comprehensive have a greater impact on that such products will meet a series of rig- to enact legislation that provides the Food overall tobacco use and young people’s use orous criteria, and will benefit the health of and Drug Administration with the authority than weaker or less comprehensive ones. the population as a whole, taking into ac- to regulate tobacco products and the adver- (28) Text only requirements, although not count both users of tobacco products and tising and promotion of such products. The as stringent as a ban, will help reduce under- persons who do not currently use tobacco benefits to the American people from enact- age use of tobacco products while preserving products. ing such legislation would be significant in the informational function of advertising. (37) Unless tobacco products that purport human and economic terms. (29) It is in the public interest for Congress to reduce the risks to the public of tobacco (13) Tobacco use is the foremost prevent- to adopt legislation to address the public use actually reduce such risks, those prod- able cause of premature death in America. It health crisis created by actions of the to- ucts can cause substantial harm to the pub- causes over 400,000 deaths in the United bacco industry. lic health to the extent that the individuals, States each year and approximately 8,600,000 (30) The final regulations promulgated by who would otherwise not consume tobacco Americans have chronic illnesses related to the Secretary of Health and Human Services products or would consume such products smoking. in the August 28, 1996, issue of the Federal less, use tobacco products purporting to re- (14) Reducing the use of tobacco by minors Register (61 Fed. Reg. 44615–44618) for inclu- duce risk. Those who use products sold or by 50 percent would prevent well over sion as part 897 of title 21, Code of Federal distributed as modified risk products that do 10,000,000 of today’s children from becoming Regulations, are consistent with the First not in fact reduce risk, rather than quitting regular, daily smokers, saving over 3,000,000 Amendment to the United States Constitu- or reducing their use of tobacco products, of them from premature death due to to- tion and with the standards set forth in the have a substantially increased likelihood of bacco induced disease. Such a reduction in amendments made by this subtitle for the suffering disability and premature death. youth smoking would also result in approxi- regulation of tobacco products by the Food The costs to society of the widespread use of mately $75,000,000,000 in savings attributable and Drug Administration and the restriction products sold or distributed as modified risk to reduced health care costs. on the sale and distribution, including access products that do not in fact reduce risk or (15) Advertising, marketing, and promotion to and the advertising and promotion of, to- that increase risk include thousands of un- of tobacco products have been especially di- bacco products contained in such regulations rected to attract young persons to use to- are substantially related to accomplishing necessary deaths and injuries and huge costs bacco products and these efforts have re- the public health goals of this Act. to our health care system. sulted in increased use of such products by (31) The regulations described in paragraph (38) As the National Cancer Institute has youth. Past efforts to oversee these activi- (30) will directly and materially advance the found, many smokers mistakenly believe ties have not been successful in adequately Federal Government’s substantial interest in that ‘‘low tar’’ and ‘‘light’’ cigarettes cause preventing such increased use. reducing the number of children and adoles- fewer health problems than other cigarettes. (16) In 2003, the cigarette manufacturers cents who use cigarettes and smokeless to- As the National Cancer Institute has also spent more than $15,000,000,000 to attract new bacco and in preventing the life-threatening found, mistaken beliefs about the health users, retain current users, increase current health consequences associated with tobacco consequences of smoking ‘‘low tar’’ and consumption, and generate favorable long- use. An overwhelming majority of Americans ‘‘light’’ cigarettes can reduce the motivation term attitudes toward smoking and tobacco who use tobacco products begin using such to quit smoking entirely and thereby lead to use. products while they are minors and become disease and death. (17) Tobacco product advertising often addicted to the nicotine in those products (39) Recent studies have demonstrated that misleadingly portrays the use of tobacco as before reaching the age of 18. Tobacco adver- there has been no reduction in risk on a pop- socially acceptable and healthful to minors. tising and promotion plays a crucial role in ulation-wide basis from ‘‘low tar’’ and (18) Tobacco product advertising is regu- the decision of these minors to begin using ‘‘light’’ cigarettes and such products may ac- larly seen by persons under the age of 18, and tobacco products. Less restrictive and less tually increase the risk of tobacco use. persons under the age of 18 are regularly ex- comprehensive approaches have not and will (40) The dangers of products sold or distrib- posed to tobacco product promotional ef- not be effective in reducing the problems ad- uted as modified risk tobacco products that forts. dressed by such regulations. The reasonable do not in fact reduce risk are so high that (19) Through advertisements during and restrictions on the advertising and pro- there is a compelling governmental interest sponsorship of sporting events, tobacco has motion of tobacco products contained in in insuring that statements about modified become strongly associated with sports and such regulations will lead to a significant de- risk tobacco products are complete, accu- has become portrayed as an integral part of crease in the number of minors using and be- rate, and relate to the overall disease risk of sports and the healthy lifestyle associated coming addicted to those products. the product. with rigorous sporting activity. (32) The regulations described in paragraph (41) As the Federal Trade Commission has (20) Children are exposed to substantial (30) impose no more extensive restrictions on found, consumers have misinterpreted adver- and unavoidable tobacco advertising that communication by tobacco manufacturers tisements in which one product is claimed to leads to favorable beliefs about tobacco use, and sellers than are necessary to reduce the be less harmful than a comparable product, plays a role in leading young people to over- number of children and adolescents who use even in the presence of disclosures and estimate the prevalence of tobacco use, and cigarettes and smokeless tobacco and to pre- advisories intended to provide clarification.

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(42) Permitting manufacturers to make un- mainder of this Act, the amendments made ‘‘(4) CIGARETTE TOBACCO.—The term ‘ciga- substantiated statements concerning modi- by this Act, and the application of the provi- rette tobacco’ means any product that con- fied risk tobacco products, whether express sions of this Act to any other person or cir- sists of loose tobacco that is intended for use or implied, even if accompanied by dis- cumstance shall not be affected and shall by consumers in a cigarette. Unless other- claimers would be detrimental to the public continue to be enforced to the fullest extent wise stated, the requirements for cigarettes health. possible. shall also apply to cigarette tobacco. (43) The only way to effectively protect the TITLE I—AUTHORITY OF THE FOOD AND ‘‘(5) COMMERCE.—The term ‘commerce’ has public health from the dangers of unsubstan- DRUG ADMINISTRATION the meaning given that term by section 3(2) tiated modified risk tobacco products is to SEC. 101. AMENDMENT OF FEDERAL FOOD, DRUG, of the Federal Cigarette Labeling and Adver- empower the Food and Drug Administration AND COSMETIC ACT. tising Act. to require that products that tobacco manu- (a) DEFINITION OF TOBACCO PRODUCTS.—Sec- ‘‘(6) COUNTERFEIT TOBACCO PRODUCT.—The facturers sold or distributed for risk reduction 201 of the Federal Food, Drug, and Cos- term ‘counterfeit tobacco product’ means a tion be approved in advance of marketing, metic Act (21 U.S.C. 321) is amended by add- tobacco product (or the container or labeling and to require that the evidence relied on to ing at the end the following: of such a product) that, without authoriza- support approval of these products is rig- ‘‘(rr)(1) The term ‘tobacco product’ means tion, bears the trademark, trade name, or orous. any product made or derived from tobacco other identifying mark, imprint or device, or SEC. 3. PURPOSE. that is intended for human consumption, in- any likeness thereof, of a tobacco product The purposes of this Act are— cluding any component, part, or accessory of listed in a registration under section a tobacco product (except for raw materials (1) to provide authority to the Food and 905(i)(1). other than tobacco used in manufacturing a Drug Administration to regulate tobacco ‘‘(7) DISTRIBUTOR.—The term ‘distributor’ component, part, or accessory of a tobacco products under the Federal Food, Drug, and as regards a tobacco product means any per- Cosmetic Act (21 U.S.C. 301 et seq.), by recog- product). ‘‘(2) The term ‘tobacco product’ does not son who furthers the distribution of a to- nizing it as the primary Federal regulatory mean— bacco product, whether domestic or im- authority with respect to the manufacture, ‘‘(A) a product in the form of conventional ported, at any point from the original place marketing, and distribution of tobacco prod- food (including water and chewing gum), a of manufacture to the person who sells or ucts; product represented for use as or for use in a distributes the product to individuals for (2) to ensure that the Food and Drug Ad- conventional food, or a product that is in- personal consumption. Common carriers are ministration has the authority to address tended for ingestion in capsule, tablet, not considered distributors for purposes of issues of particular concern to public health softgel, or liquid form; or this chapter. officials, especially the use of tobacco by ‘‘(B) an article that is approved or is regu- ‘‘(8) ILLICIT TRADE.—The term ‘illicit trade’ young people and dependence on tobacco; lated as a drug by the Food and Drug Admin- means any practice or conduct prohibited by (3) to authorize the Food and Drug Admin- istration. law which relates to production, shipment, istration to set national standards control- ‘‘(3) The products described in paragraph receipt, possession, distribution, sale, or pur- ling the manufacture of tobacco products (2)(A) shall be subject to chapter IV or chap- chase of tobacco products including any and the identity, public disclosure, and ter V of this Act and the articles described in practice or conduct intended to facilitate amount of ingredients used in such products; paragraph (2)(B) shall be subject to chapter such activity. (4) to provide new and flexible enforcement V of this Act. ‘‘(9) INDIAN TRIBE.—The term ‘Indian tribe’ authority to ensure that there is effective ‘‘(4) A tobacco product may not be mar- has the meaning given such term in section oversight of the tobacco industry’s efforts to keted in combination with any other article 4(e) of the Indian Self Determination and develop, introduce, and promote less harmful or product regulated under this Act (includ- Education Assistance Act. tobacco products; ing a drug, biologic, food, cosmetics, medical ‘‘(10) LITTLE CIGAR.—The term ‘little cigar’ (5) to vest the Food and Drug Administra- device, or a dietary supplement).’’. has the meaning given that term by section tion with the authority to regulate the lev- (b) FDA AUTHORITY OVER TOBACCO PROD- 3(7) of the Federal Cigarette Labeling and els of tar, nicotine, and other harmful com- UCTS.—The Federal Food, Drug, and Cos- Advertising Act. ponents of tobacco products; metic Act (21 U.S.C. 301 et seq.) is amended— ‘‘(11) NICOTINE.—The term ‘nicotine’ means (6) in order to ensure that consumers are (1) by redesignating chapter IX as chapter the chemical substance named 3-(1–Methyl-2- better informed, to require tobacco product X; pyrrolidinyl) pyridine or C[10]H[14]N[2], in- manufacturers to disclose research which (2) by redesignating sections 901 through cluding any salt or complex of nicotine. has not previously been made available, as 909 as sections 1001 through 1009; ‘‘(12) PACKAGE.—The term ‘package’ means well as research generated in the future, re- (3) in section 1009 (as so redesignated), by a pack, box, carton, or container of any kind lating to the health and dependency effects striking ‘‘section 908’’ and inserting ‘‘section or, if no other container, any wrapping (in- or safety of tobacco products; 1008’’; and cluding cellophane), in which a tobacco prod- (7) to continue to permit the sale of to- (4) by inserting after chapter VIII the fol- uct is offered for sale, sold, or otherwise dis- bacco products to adults in conjunction with lowing: tributed to consumers. measures to ensure that they are not sold or ‘‘CHAPTER IX—TOBACCO PRODUCTS ‘‘(13) RETAILER.—The term ‘retailer’ means accessible to underage purchasers; ‘‘SEC. 900. DEFINITIONS. any person who sells tobacco products to in- (8) to impose appropriate regulatory con- ‘‘In this chapter: dividuals for personal consumption, or who trols on the tobacco industry; ‘‘(1) ADDITIVE.—The term ‘additive’ means operates a facility where self-service dis- (9) to promote cessation to reduce disease any substance the intended use of which re- plays of tobacco products are permitted. risk and the social costs associated with to- sults or may reasonably be expected to re- ‘‘(14) ROLL-YOUR-OWN TOBACCO.—The term bacco related diseases; and sult, directly or indirectly, in its becoming a ‘roll-your-own tobacco’ means any tobacco (10) to strengthen legislation against illicit component or otherwise affecting the char- which, because of its appearance, type, pack- trade in tobacco products. acteristic of any tobacco product (including aging, or labeling, is suitable for use and SEC. 4. SCOPE AND EFFECT. any substances intended for use as a fla- likely to be offered to, or purchased by, con- (a) INTENDED EFFECT.—Nothing in this Act voring, coloring or in producing, manufac- sumers as tobacco for making cigarettes. (or an amendment made by this Act) shall be turing, packing, processing, preparing, treat- ‘‘(15) SMOKE CONSTITUENT.—The term construed to— ing, packaging, transporting, or holding), ex- ‘smoke constituent’ means any chemical or (1) establish a precedent with regard to any cept that such term does not include tobacco chemical compound in mainstream or other industry, situation, circumstance, or or a pesticide chemical residue in or on raw sidestream tobacco smoke that either trans- legal action; or tobacco or a pesticide chemical. fers from any component of the cigarette to (2) affect any action pending in Federal, ‘‘(2) BRAND.—The term ‘brand’ means a va- the smoke or that is formed by the combus- State, or Tribal court, or any agreement, riety of tobacco product distinguished by the tion or heating of tobacco, additives, or consent decree, or contract of any kind. tobacco used, tar content, nicotine content, other component of the tobacco product. (b) AGRICULTURAL ACTIVITIES.—The provi- flavoring used, size, filtration, or packaging, ‘‘(16) SMOKELESS TOBACCO.—The term sions of this Act (or an amendment made by logo, registered trademark or brand name, ‘smokeless tobacco’ means any tobacco prod- this Act) which authorize the Secretary to identifiable pattern of colors, or any com- uct that consists of cut, ground, powdered, or take certain actions with regard to tobacco bination of such attributes. leaf tobacco and that is intended to be placed and tobacco products shall not be construed ‘‘(3) CIGARETTE.—The term ‘cigarette’ has in the oral or nasal cavity. to affect any authority of the Secretary of the meaning given that term by section 3(1) ‘‘(17) STATE.—The term ‘State’ means any Agriculture under existing law regarding the of the Federal Cigarette Labeling and Adver- State of the United States and, for purposes growing, cultivation, or curing of raw to- tising Act, but also includes tobacco, in any of this chapter, includes the District of Co- bacco. form, that is functional in the product, lumbia, the Commonwealth of Puerto Rico, SEC. 5. SEVERABILITY. which, because of its appearance, the type of Guam, the Virgin Islands, American Samoa, If any provision of this Act, the amend- tobacco used in the filler, or its packaging Wake Island, Midway Islands, Kingman Reef, ments made by this Act, or the application and labeling, is likely to be offered to, or Johnston Atoll, the Northern Mariana Is- of any provision of this Act to any person or purchased by, consumers as a cigarette or as lands, and any other trust territory or pos- circumstance is held to be invalid, the re- roll-your-own tobacco. session of the United States.

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‘‘(18) TOBACCO PRODUCT MANUFACTURER.— have been contaminated with filth, or where- ‘‘(8) unless, in the case of any tobacco The term ‘tobacco product manufacturer’ by it may have been rendered injurious to product distributed or offered for sale in any means any person, including any repacker or health; State, the manufacturer, packer, or dis- relabeler, who— ‘‘(3) its package is composed, in whole or in tributor thereof includes in all advertise- ‘‘(A) manufactures, fabricates, assembles, part, of any poisonous or deleterious sub- ments and other descriptive printed matter processes, or labels a tobacco product; or stance which may render the contents inju- issued or caused to be issued by the manufac- ‘‘(B) imports a finished cigarette or smoke- rious to health; turer, packer, or distributor with respect to less tobacco product for sale or distribution ‘‘(4) it is, or purports to be or is rep- that tobacco product— in the United States. resented as, a tobacco product which is sub- ‘‘(A) a true statement of the tobacco prod- ‘‘(19) UNITED STATES.—The term ‘United ject to a tobacco product standard estab- uct’s established name as described in para- States’ means the 50 States of the United lished under section 907 unless such tobacco graph (4), printed prominently; and States of America and the District of Colum- product is in all respects in conformity with ‘‘(B) a brief statement of— bia, the Commonwealth of Puerto Rico, such standard; ‘‘(i) the uses of the tobacco product and Guam, the Virgin Islands, American Samoa, ‘‘(5)(A) it is required by section 910(a) to relevant warnings, precautions, side effects, Wake Island, Midway Islands, Kingman Reef, have premarket approval and does not have and contraindications; and Johnston Atoll, the Northern Mariana Is- an approved application in effect; or ‘‘(ii) in the case of specific tobacco prod- lands, and any other trust territory or pos- ‘‘(B) it is in violation of the order approv- ucts made subject to a finding by the Sec- session of the United States. ing such an application; retary after notice and opportunity for com- ‘‘SEC. 901. FDA AUTHORITY OVER TOBACCO ‘‘(6) the methods used in, or the facilities ment that such action is appropriate to pro- PRODUCTS. or controls used for, its manufacture, pack- tect the public health, a full description of ‘‘(a) IN GENERAL.—Tobacco products shall ing, or storage are not in conformity with the components of such tobacco product or be regulated by the Secretary under this applicable requirements under section the formula showing quantitatively each in- chapter and shall not be subject to the provi- 906(e)(1) or an applicable condition pre- gredient of such tobacco product to the ex- sions of chapter V, unless— scribed by an order under section 906(e)(2); or tent required in regulations which shall be ‘‘(1) such products are intended for use in ‘‘(7) it is in violation of section 911. issued by the Secretary after an opportunity the diagnosis, cure, mitigation, treatment, ‘‘SEC. 903. MISBRANDED TOBACCO PRODUCTS. for a hearing; or prevention of disease (within the meaning ‘‘(a) IN GENERAL.—A tobacco product shall ‘‘(9) if it is a tobacco product subject to a of section 201(g)(1)(B) or section 201(h)(2)); or be deemed to be misbranded— tobacco product standard established under ‘‘(2) a claim is made for such products ‘‘(1) if its labeling is false or misleading in section 907, unless it bears such labeling as under section 201(g)(1)(C) or 201(h)(3); any particular; may be prescribed in such tobacco product other than modified risk tobacco products ‘‘(2) if in package form unless it bears a standard; or approved in accordance with section 911. label containing— ‘‘(10) if there was a failure or refusal— ‘‘(b) APPLICABILITY.—This chapter shall ‘‘(A) the name and place of business of the ‘‘(A) to comply with any requirement pre- apply to all tobacco products subject to the tobacco product manufacturer, packer, or scribed under section 904 or 908; or regulations referred to in section 102 of the distributor; Family Smoking Prevention and Tobacco ‘‘(B) to furnish any material or informa- ‘‘(B) an accurate statement of the quantity tion required under section 909. Control Act, and to any other tobacco prod- of the contents in terms of weight, measure, ‘‘(b) PRIOR APPROVAL OF LABEL STATE- ucts that the Secretary by regulation deems or numerical count; MENTS.—The Secretary may, by regulation, to be subject to this chapter. ‘‘(C) an accurate statement of the percent- require prior approval of statements made on ‘‘(c) SCOPE.— age of the tobacco used in the product that the label of a tobacco product. No regulation ‘‘(1) IN GENERAL.—Nothing in this chapter, is domestically grown tobacco and the per- issued under this subsection may require or any policy issued or regulation promul- centage that is foreign grown tobacco; and prior approval by the Secretary of the con- gated thereunder, or in sections 101(a), 102, ‘‘(D) the statement required under section tent of any advertisement, except for modi- or 103 of title I, title II, or title III of the 921(a), Family Smoking Prevention and Tobacco fied risk tobacco products as provided in sec- except that under subparagraph (B) reason- Control Act, shall be construed to affect, ex- tion 911. No advertisement of a tobacco prod- able variations shall be permitted, and expand, or limit the Secretary’s authority over uct published after the date of enactment of emptions as to small packages shall be es- (including the authority to determine wheth- the Family Smoking Prevention and To- tablished, by regulations prescribed by the er products may be regulated), or the regula- bacco Control Act shall, with respect to the Secretary; tion of, products under this Act that are not language of label statements as prescribed ‘‘(3) if any word, statement, or other infor- tobacco products under chapter V or any under section 4 of the Cigarette Labeling and mation required by or under authority of other chapter. Advertising Act and section 3 of the Com- this chapter to appear on the label or label- ‘‘(2) LIMITATION OF AUTHORITY.— prehensive Smokeless Tobacco Health Edu- ing is not prominently placed thereon with ‘‘(A) IN GENERAL.—The provisions of this cation Act of 1986 or the regulations issued such conspicuousness (as compared with under such sections, be subject to the provi- chapter shall not apply to tobacco leaf that other words, statements or designs in the la- is not in the possession of a manufacturer of sions of sections 12 through 15 of the Federal beling) and in such terms as to render it Trade Commission Act. tobacco products, or to the producers of to- likely to be read and understood by the ordi- bacco leaf, including tobacco growers, to- nary individual under customary conditions ‘‘SEC. 904. SUBMISSION OF HEALTH INFORMA- bacco warehouses, and tobacco grower co- of purchase and use; TION TO THE SECRETARY. operatives, nor shall any employee of the ‘‘(4) if it has an established name, unless ‘‘(a) REQUIREMENT.—Not later than 6 Food and Drug Administration have any au- its label bears, to the exclusion of any other months after the date of enactment of the thority to enter onto a farm owned by a pro- nonproprietary name, its established name Family Smoking Prevention and Tobacco ducer of tobacco leaf without the written prominently printed in type as required by Control Act, each tobacco product manufac- consent of such producer. the Secretary by regulation; turer or importer, or agents thereof, shall ‘‘(B) EXCEPTION.—Notwithstanding sub- ‘‘(5) if the Secretary has issued regulations submit to the Secretary the following infor- paragraph (A), if a producer of tobacco leaf is requiring that its labeling bear adequate di- mation: also a tobacco product manufacturer or con- rections for use, or adequate warnings ‘‘(1) A listing of all ingredients, including trolled by a tobacco product manufacturer, against use by children, that are necessary tobacco, substances, compounds, and addi- the producer shall be subject to this chapter for the protection of users unless its labeling tives that are, as of such date, added by the in the producer’s capacity as a manufac- conforms in all respects to such regulations; manufacturer to the tobacco, paper, filter, or turer. ‘‘(6) if it was manufactured, prepared, prop- other part of each tobacco product by brand ‘‘(C) RULE OF CONSTRUCTION.—Nothing in agated, compounded, or processed in any and by quantity in each brand and subbrand. this chapter shall be construed to grant the State in an establishment not duly reg- ‘‘(2) A description of the content, delivery, Secretary authority to promulgate regula- istered under section 905(b), 905(c), 905(d), or and form of nicotine in each tobacco product tions on any matter that involves the pro- 905(h), if it was not included in a list re- measured in milligrams of nicotine in ac- duction of tobacco leaf or a producer thereof, quired by section 905(i), if a notice or other cordance with regulations promulgated by other than activities by a manufacturer af- information respecting it was not provided the Secretary in accordance with section fecting production. as required by such section or section 905(j), 4(a)(5) of the Federal Cigarette Labeling and ‘‘SEC. 902. ADULTERATED TOBACCO PRODUCTS. or if it does not bear such symbols from the Advertising Act. ‘‘A tobacco product shall be deemed to be uniform system for identification of tobacco ‘‘(3) A listing of all constituents, including adulterated if— products prescribed under section 905(e) as smoke constituents as applicable, identified ‘‘(1) it consists in whole or in part of any the Secretary by regulation requires; by the Secretary as harmful or potentially filthy, putrid, or decomposed substance, or is ‘‘(7) if, in the case of any tobacco product harmful to health in each tobacco product, otherwise contaminated by any added poi- distributed or offered for sale in any State— and as applicable in the smoke of each to- sonous or added deleterious substance that ‘‘(A) its advertising is false or misleading bacco product, by brand and by quantity in may render the product injurious to health; in any particular; or each brand and subbrand. Effective begin- ‘‘(2) it has been prepared, packed, or held ‘‘(B) it is sold or distributed in violation of ning 2 years after the date of enactment of under insanitary conditions whereby it may regulations prescribed under section 906(d); this chapter, the manufacturer, importer, or

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2007 CONGRESSIONAL RECORD — SENATE S2063 agent shall comply with regulations promul- and Tobacco Control Act, the Secretary shall once in the 2-year period beginning with the gated under section 916 in reporting informa- submit to the appropriate committees of date of registration of such establishment tion under this paragraph, where applicable. Congress a report on the results of such re- under this section and at least once in every ‘‘(4) All documents developed after the search, together with recommendations on successive 2-year period thereafter. date of enactment of the Family Smoking whether such publication should be contin- ‘‘(h) FOREIGN ESTABLISHMENTS SHALL REG- Prevention and Tobacco Control Act that re- ued or modified. ISTER.—Any establishment within any for- late to health, toxicological, behavioral, or ‘‘(e) DATA COLLECTION.—Not later than 12 eign country engaged in the manufacture, physiologic effects of current or future to- months after the date of enactment of the preparation, compounding, or processing of a bacco products, their constituents (including Family Smoking Prevention and Tobacco tobacco product or tobacco products, shall smoke constituents), ingredients, compo- Control Act, the Secretary shall establish a register under this section under regulations nents, and additives. list of harmful and potentially harmful con- promulgated by the Secretary. Such regula- ‘‘(b) DATA SUBMISSION.—At the request of stituents, including smoke constituents, to tions shall require such establishment to the Secretary, each tobacco product manu- health in each tobacco product by brand and provide the information required by sub- facturer or importer of tobacco products, or by quantity in each brand and subbrand. The section (i) of this section and shall include agents thereof, shall submit the following: Secretary shall publish a public notice re- provisions for registration of any such establishment upon condition that adequate and ‘‘(1) Any or all documents (including un- questing the submission by interested per- effective means are available, by arrange- derlying scientific information) relating to sons of scientific and other information con- ment with the government of such foreign research activities, and research findings, cerning the harmful and potentially harmful country or otherwise, to enable the Sec- conducted, supported, or possessed by the constituents in tobacco products and tobacco retary to determine from time to time manufacturer (or agents thereof) on the smoke. whether tobacco products manufactured, health, toxicological, behavioral, or physio- ‘‘SEC. 905. ANNUAL REGISTRATION. prepared, compounded, or processed in such logic effects of tobacco products and their ‘‘(a) DEFINITIONS.—In this section: establishment, if imported or offered for im- constituents (including smoke constituents), ‘‘(1) MANUFACTURE, PREPARATION, port into the United States, shall be refused ingredients, components, and additives. COMPOUNDING, OR PROCESSING.—The term admission on any of the grounds set forth in ‘‘(2) Any or all documents (including un- ‘manufacture, preparation, compounding, or section 801(a). derlying scientific information) relating to processing’ shall include repackaging or oth- ‘‘(i) REGISTRATION INFORMATION.— research activities, and research findings, erwise changing the container, wrapper, or ‘‘(1) PRODUCT LIST.—Every person who reg- conducted, supported, or possessed by the labeling of any tobacco product package in isters with the Secretary under subsection manufacturer (or agents thereof) that relate furtherance of the distribution of the to- (b), (c), (d), or (h) shall, at the time of reg- to the issue of whether a reduction in risk to bacco product from the original place of istration under any such subsection, file health from tobacco products can occur upon manufacture to the person who makes final with the Secretary a list of all tobacco prod- the employment of technology available or delivery or sale to the ultimate consumer or ucts which are being manufactured, pre- known to the manufacturer. user. pared, compounded, or processed by that per- ‘‘(3) Any or all documents (including un- ‘‘(2) NAME.—The term ‘name’ shall include son for commercial distribution and which derlying scientific or financial information) in the case of a partnership the name of each has not been included in any list of tobacco relating to marketing research involving the partner and, in the case of a corporation, the products filed by that person with the Sec- use of tobacco products or marketing prac- name of each corporate officer and director, retary under this paragraph or paragraph (2) tices and the effectiveness of such practices and the State of incorporation. before such time of registration. Such list used by tobacco manufacturers and distribu- ‘‘(b) REGISTRATION BY OWNERS AND OPERA- shall be prepared in such form and manner as tors. TORS.—On or before December 31 of each year the Secretary may prescribe and shall be ac- An importer of a tobacco product not manu- every person who owns or operates any es- companied by— factured in the United States shall supply tablishment in any State engaged in the ‘‘(A) in the case of a tobacco product con- the information required of a tobacco prod- manufacture, preparation, compounding, or tained in the applicable list with respect to uct manufacturer under this subsection. processing of a tobacco product or tobacco which a tobacco product standard has been ‘‘(c) TIME FOR SUBMISSION.— products shall register with the Secretary established under section 907 or which is sub- ‘‘(1) IN GENERAL.—At least 90 days prior to the name, places of business, and all such es- ject to section 910, a reference to the author- the delivery for introduction into interstate tablishments of that person. ity for the marketing of such tobacco prod- commerce of a tobacco product not on the ‘‘(c) REGISTRATION OF NEW OWNERS AND OP- uct and a copy of all labeling for such to- market on the date of enactment of the ERATORS.—Every person upon first engaging bacco product; Family Smoking Prevention and Tobacco in the manufacture, preparation, ‘‘(B) in the case of any other tobacco prod- Control Act, the manufacturer of such prod- compounding, or processing of a tobacco uct contained in an applicable list, a copy of uct shall provide the information required product or tobacco products in any establish- all consumer information and other labeling under subsection (a). ment owned or operated in any State by that for such tobacco product, a representative ‘‘(2) DISCLOSURE OF ADDITIVE.—If at any person shall immediately register with the sampling of advertisements for such tobacco time a tobacco product manufacturer adds to Secretary that person’s name, place of busi- product, and, upon request made by the Sec- its tobacco products a new tobacco additive ness, and such establishment. retary for good cause, a copy of all advertise- or increases the quantity of an existing to- ‘‘(d) REGISTRATION OF ADDED ESTABLISH- ments for a particular tobacco product; and bacco additive, the manufacturer shall, ex- MENTS.—Every person required to register ‘‘(C) if the registrant filing a list has deter- cept as provided in paragraph (3), at least 90 under subsection (b) or (c) shall immediately mined that a tobacco product contained in days prior to such action so advise the Sec- register with the Secretary any additional such list is not subject to a tobacco product retary in writing. establishment which that person owns or op- standard established under section 907, a ‘‘(3) DISCLOSURE OF OTHER ACTIONS.—If at erates in any State and in which that person brief statement of the basis upon which the any time a tobacco product manufacturer begins the manufacture, preparation, registrant made such determination if the eliminates or decreases an existing additive, compounding, or processing of a tobacco Secretary requests such a statement with re- or adds or increases an additive that has by product or tobacco products. spect to that particular tobacco product. regulation been designated by the Secretary ‘‘(e) UNIFORM PRODUCT IDENTIFICATION SYS- ‘‘(2) BIANNUAL REPORT OF ANY CHANGE IN as an additive that is not a human or animal TEM.—The Secretary may by regulation pre- PRODUCT LIST.—Each person who registers carcinogen, or otherwise harmful to health scribe a uniform system for the identifica- with the Secretary under this section shall under intended conditions of use, the manu- tion of tobacco products and may require report to the Secretary once during the facturer shall within 60 days of such action that persons who are required to list such to- month of June of each year and once during so advise the Secretary in writing. bacco products under subsection (i) shall list the month of December of each year the fol- ‘‘(d) DATA LIST.— such tobacco products in accordance with lowing: ‘‘(1) IN GENERAL.—Not later than 3 years such system. ‘‘(A) A list of each tobacco product intro- after the date of enactment of the Family ‘‘(f) PUBLIC ACCESS TO REGISTRATION INFOR- duced by the registrant for commercial dis- Smoking Prevention and Tobacco Control MATION.—The Secretary shall make available tribution which has not been included in any Act, and annually thereafter, the Secretary for inspection, to any person so requesting, list previously filed by that person with the shall publish in a format that is understand- any registration filed under this section. Secretary under this subparagraph or para- able and not misleading to a lay person, and ‘‘(g) BIENNIAL INSPECTION OF REGISTERED graph (1). A list under this subparagraph place on public display (in a manner deter- ESTABLISHMENTS.—Every establishment in shall list a tobacco product by its estab- mined by the Secretary) the list established any State registered with the Secretary lished name and shall be accompanied by the under subsection (e). under this section shall be subject to inspec- other information required by paragraph (1). ‘‘(2) CONSUMER RESEARCH.—The Secretary tion under section 704, and every such estab- ‘‘(B) If since the date the registrant last shall conduct periodic consumer research to lishment engaged in the manufacture, made a report under this paragraph that per- ensure that the list published under para- compounding, or processing of a tobacco son has discontinued the manufacture, prep- graph (1) is not misleading to lay persons. product or tobacco products shall be so in- aration, compounding, or processing for com- Not later than 5 years after the date of en- spected by 1 or more officers or employees mercial distribution of a tobacco product in- actment of the Family Smoking Prevention duly designated by the Secretary at least cluded in a list filed under subparagraph (A)

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2064 CONGRESSIONAL RECORD — SENATE February 15, 2007 or paragraph (1), notice of such discontinu- product has been changed by action taken ‘‘(i) prohibit the sale of any tobacco prod- ance, the date of such discontinuance, and under section 907, section 910, section 911, or uct in face-to-face transactions by a specific the identity of its established name. subsection (d) of this section, and any re- category of retail outlets; or ‘‘(C) If since the date the registrant requirement established by or under section ‘‘(ii) establish a minimum age of sale of to- ported under subparagraph (B) a notice of 902, 903, 905, or 909 which is inconsistent with bacco products to any person older than 18 discontinuance that person has resumed the a requirement imposed on such tobacco prod- years of age. manufacture, preparation, compounding, or uct under section 907, section 910, section 911, ‘‘(B) MATCHBOOKS.—For purposes of any processing for commercial distribution of or subsection (d) of this section shall not regulations issued by the Secretary, match- the tobacco product with respect to which apply to such tobacco product. books of conventional size containing not such notice of discontinuance was reported, more than 20 paper matches, and which are ‘‘(b) INFORMATION ON PUBLIC ACCESS AND notice of such resumption, the date of such customarily given away for free with the COMMENT.—Each notice of proposed rule- resumption, the identity of such tobacco purchase of tobacco products shall be consid- making or other notification under section product by established name, and other in- ered as adult written publications which 907, 908, 909, 910, or 911 or under this section, formation required by paragraph (1), unless shall be permitted to contain advertising. any other notice which is published in the the registrant has previously reported such Notwithstanding the preceding sentence, if Federal Register with respect to any other resumption to the Secretary under this sub- the Secretary finds that such treatment of action taken under any such section and paragraph. matchbooks is not appropriate for the pro- which states the reasons for such action, and ‘‘(D) Any material change in any informa- tection of the public health, the Secretary each publication of findings required to be tion previously submitted under this para- may determine by regulation that match- graph or paragraph (1). made in connection with rulemaking under books shall not be considered adult written ‘‘(j) REPORT PRECEDING INTRODUCTION OF any such section shall set forth— publications. CERTAIN SUBSTANTIALLY-EQUIVALENT PROD- ‘‘(1) the manner in which interested per- ‘‘(e) GOOD MANUFACTURING PRACTICE RE- UCTS INTO INTERSTATE COMMERCE.— sons may examine data and other informa- QUIREMENTS.— ‘‘(1) IN GENERAL.—Each person who is re- tion on which the notice or findings is based; ‘‘(1) METHODS, FACILITIES, AND CONTROLS TO quired to register under this section and who and CONFORM.— proposes to begin the introduction or deliv- ‘‘(2) the period within which interested per- ‘‘(A) IN GENERAL.—The Secretary may, in ery for introduction into interstate com- sons may present their comments on the no- accordance with subparagraph (B), prescribe merce for commercial distribution of a to- tice or findings (including the need there- regulations (which may differ based on the bacco product intended for human use that fore) orally or in writing, which period shall type of tobacco product involved) requiring was not commercially marketed (other than be at least 60 days but may not exceed 90 that the methods used in, and the facilities for test marketing) in the United States as days unless the time is extended by the Sec- and controls used for, the manufacture, pre- of June 1, 2003, shall, at least 90 days prior to retary by a notice published in the Federal production design validation (including a making such introduction or delivery, report Register stating good cause therefore. process to assess the performance of a to- to the Secretary (in such form and manner ‘‘(c) LIMITED CONFIDENTIALITY OF INFORMA- bacco product), packing and storage of a to- as the Secretary shall prescribe)— TION.—Any information reported to or other- bacco product, conform to current good man- ‘‘(A) the basis for such person’s determina- wise obtained by the Secretary or the Sec- ufacturing practice, as prescribed in such tion that the tobacco product is substan- retary’s representative under section 903, 904, regulations, to assure that the public health tially equivalent, within the meaning of sec- 907, 908, 909, 910, 911, or 704, or under sub- is protected and that the tobacco product is tion 910, to a tobacco product commercially section (e) or (f) of this section, which is ex- in compliance with this chapter. Good manu- marketed (other than for test marketing) in empt from disclosure under subsection (a) of facturing practices may include the testing the United States as of June 1, 2003, that is section 552 of title 5, United States Code, by of raw tobacco for pesticide chemical resi- in compliance with the requirements of this reason of subsection (b)(4) of that section dues regardless of whether a tolerance for Act; and shall be considered confidential and shall not such chemical residues has been established. ‘‘(B) action taken by such person to com- be disclosed, except that the information ‘‘(B) REQUIREMENTS.—The Secretary ply with the requirements under section 907 may be disclosed to other officers or employ- shall— that are applicable to the tobacco product. ees concerned with carrying out this chap- ‘‘(i) before promulgating any regulation ‘‘(2) APPLICATION TO CERTAIN POST JUNE 1, ter, or when relevant in any proceeding under subparagraph (A), afford the Tobacco 2003 PRODUCTS.—A report under this sub- under this chapter. Products Scientific Advisory Committee an section for a tobacco product that was first opportunity to submit recommendations introduced or delivered for introduction into ‘‘(d) RESTRICTIONS.— with respect to the regulation proposed to be interstate commerce for commercial dis- ‘‘(1) IN GENERAL.—The Secretary may by promulgated; tribution in the United States after June 1, regulation require restrictions on the sale ‘‘(ii) before promulgating any regulation 2003, and prior to the date that is 15 months and distribution of a tobacco product, in- under subparagraph (A), afford opportunity after the date of enactment of the Family cluding restrictions on the access to, and the for an oral hearing; Smoking Prevention and Tobacco Control advertising and promotion of, the tobacco ‘‘(iii) provide the Tobacco Products Sci- Act shall be submitted to the Secretary not product, if the Secretary determines that entific Advisory Committee a reasonable later than 15 months after such date of en- such regulation would be appropriate for the time to make its recommendation with re- actment. protection of the public health. The Sec- spect to proposed regulations under subpara- retary may by regulation impose restrictions ‘‘(3) EXEMPTIONS.— graph (A); and on the advertising and promotion of a to- ‘‘(A) IN GENERAL.—The Secretary may by ‘‘(iv) in establishing the effective date of a regulation, exempt from the requirements of bacco product consistent with and to full ex- regulation promulgated under this sub- this subsection tobacco products that are tent permitted by the first amendment to section, take into account the differences in modified by adding or deleting a tobacco ad- the Constitution. The finding as to whether the manner in which the different types of ditive, or increasing or decreasing the quan- such regulation would be appropriate for the tobacco products have historically been pro- tity of an existing tobacco additive, if the protection of the public health shall be de- duced, the financial resources of the dif- Secretary determines that— termined with respect to the risks and bene- ferent tobacco product manufacturers, and ‘‘(i) such modification would be a minor fits to the population as a whole, including the state of their existing manufacturing fa- modification of a tobacco product authorized users and non-users of the tobacco product, cilities, and shall provide for a reasonable for sale under this Act; and taking into account— period of time for such manufacturers to ‘‘(ii) a report under this subsection is not ‘‘(A) the increased or decreased likelihood conform to good manufacturing practices. necessary to ensure that permitting the to- that existing users of tobacco products will ‘‘(2) EXEMPTIONS; VARIANCES.— bacco product to be marketed would be ap- stop using such products; and ‘‘(A) PETITION.—Any person subject to any propriate for protection of the public health; ‘‘(B) the increased or decreased likelihood requirement prescribed under paragraph (1) and that those who do not use tobacco products may petition the Secretary for a permanent ‘‘(iii) an exemption is otherwise appro- will start using such products. or temporary exemption or variance from priate. No such regulation may require that the sale such requirement. Such a petition shall be ‘‘(B) REGULATIONS.—Not later than 9 or distribution of a tobacco product be lim- submitted to the Secretary in such form and months after the date of enactment of the ited to the written or oral authorization of a manner as the Secretary shall prescribe and Family Smoking Prevention and Tobacco practitioner licensed by law to prescribe shall— Control Act, the Secretary shall issue regu- medical products. ‘‘(i) in the case of a petition for an exemp- lations to implement this paragraph. ‘‘(2) LABEL STATEMENTS.—The label of a to- tion from a requirement, set forth the basis ‘‘SEC. 906. GENERAL PROVISIONS RESPECTING bacco product shall bear such appropriate for the petitioner’s determination that com- CONTROL OF TOBACCO PRODUCTS. statements of the restrictions required by a pliance with the requirement is not required ‘‘(a) IN GENERAL.—Any requirement estab- regulation under subsection (a) as the Sec- to assure that the tobacco product will be in lished by or under section 902, 903, 905, or 909 retary may in such regulation prescribe. compliance with this chapter; applicable to a tobacco product shall apply ‘‘(3) LIMITATIONS.— ‘‘(ii) in the case of a petition for a variance to such tobacco product until the applica- ‘‘(A) IN GENERAL.—No restrictions under from a requirement, set forth the methods bility of the requirement to the tobacco paragraph (1) may— proposed to be used in, and the facilities and

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2007 CONGRESSIONAL RECORD — SENATE S2065 controls proposed to be used for, the manu- tions of this Act applicable to menthol or ‘‘(C) invite appropriate participation, facture, packing, and storage of the tobacco any artificial or natural flavor, herb, or spice through joint or other conferences, work- product in lieu of the methods, facilities, and not specified in this paragraph. shops, or other means, by informed persons controls prescribed by the requirement; and ‘‘(2) REVISION OF TOBACCO PRODUCT STAND- representative of scientific, professional, in- ‘‘(iii) contain such other information as ARDS.—The Secretary may revise the to- dustry, agricultural, or consumer organiza- the Secretary shall prescribe. bacco product standards in paragraph (1) in tions who in the Secretary’s judgment can ‘‘(B) REFERRAL TO THE TOBACCO PRODUCTS accordance with subsection (b). make a significant contribution. SCIENTIFIC ADVISORY COMMITTEE.—The Sec- ‘‘(3) TOBACCO PRODUCT STANDARDS.—The ‘‘(b) ESTABLISHMENT OF STANDARDS.— retary may refer to the Tobacco Products Secretary may adopt tobacco product stand- ‘‘(1) NOTICE.— Scientific Advisory Committee any petition ards in addition to those in paragraph (1) if ‘‘(A) IN GENERAL.—The Secretary shall pub- submitted under subparagraph (A). The To- the Secretary finds that a tobacco product lish in the Federal Register a notice of pro- bacco Products Scientific Advisory Com- standard is appropriate for the protection of posed rulemaking for the establishment, mittee shall report its recommendations to the public health. This finding shall be deter- amendment, or revocation of any tobacco the Secretary with respect to a petition re- mined with respect to the risks and benefits product standard. ferred to it within 60 days after the date of to the population as a whole, including users ‘‘(B) REQUIREMENTS OF NOTICE.—A notice of the petition’s referral. Within 60 days after— and non-users of the tobacco product, and ‘‘(i) the date the petition was submitted to taking into account— proposed rulemaking for the establishment the Secretary under subparagraph (A); or ‘‘(A) the increased or decreased likelihood or amendment of a tobacco product standard ‘‘(ii) the day after the petition was referred that existing users of tobacco products will for a tobacco product shall— to the Tobacco Products Scientific Advisory stop using such products; and ‘‘(i) set forth a finding with supporting jus- Committee, ‘‘(B) the increased or decreased likelihood tification that the tobacco product standard that those who do not use tobacco products is appropriate for the protection of the pub- whichever occurs later, the Secretary shall will start using such products. lic health; by order either deny the petition or approve ‘‘(4) CONTENT OF TOBACCO PRODUCT STAND- ‘‘(ii) set forth proposed findings with re- it. ARDS.—A tobacco product standard estab- spect to the risk of illness or injury that the PPROVAL.—The Secretary may ap- ‘‘(C) A lished under this section for a tobacco prod- tobacco product standard is intended to re- prove— uct— duce or eliminate; and ‘‘(i) a petition for an exemption for a to- ‘‘(A) shall include provisions that are ap- ‘‘(iii) invite interested persons to submit bacco product from a requirement if the Sec- propriate for the protection of the public an existing tobacco product standard for the retary determines that compliance with such health, including provisions, where appro- tobacco product, including a draft or pro- requirement is not required to assure that priate— posed tobacco product standard, for consider- the tobacco product will be in compliance ‘‘(i) for the reduction of nicotine yields of ation by the Secretary. with this chapter; and the product; ‘‘(C) STANDARD.—Upon a determination by ‘‘(ii) a petition for a variance for a tobacco ‘‘(ii) for the reduction or elimination of the Secretary that an additive, constituent product from a requirement if the Secretary other constituents, including smoke con- (including smoke constituent), or other com- determines that the methods to be used in, stituents, or harmful components of the ponent of the product that is the subject of and the facilities and controls to be used for, product; or the proposed tobacco product standard is the manufacture, packing, and storage of the ‘‘(iii) relating to any other requirement tobacco product in lieu of the methods, con- harmful, it shall be the burden of any party under subparagraph (B); challenging the proposed standard to prove trols, and facilities prescribed by the re- ‘‘(B) shall, where appropriate for the pro- quirement are sufficient to assure that the that the proposed standard will not reduce or tection of the public health, include— eliminate the risk of illness or injury. tobacco product will be in compliance with ‘‘(i) provisions respecting the construction, this chapter. ‘‘(D) FINDING.—A notice of proposed rule- components, ingredients, additives, constitu- making for the revocation of a tobacco prod- ‘‘(D) CONDITIONS.—An order of the Sec- ents, including smoke constituents, and uct standard shall set forth a finding with retary approving a petition for a variance properties of the tobacco product; supporting justification that the tobacco shall prescribe such conditions respecting ‘‘(ii) provisions for the testing (on a sample product standard is no longer appropriate for the methods used in, and the facilities and basis or, if necessary, on an individual basis) the protection of the public health. controls used for, the manufacture, packing, of the tobacco product; ‘‘(E) CONSIDERATION BY SECRETARY.—The and storage of the tobacco product to be ‘‘(iii) provisions for the measurement of granted the variance under the petition as the tobacco product characteristics of the Secretary shall consider all information sub- may be necessary to assure that the tobacco tobacco product; mitted in connection with a proposed stand- product will be in compliance with this chap- ‘‘(iv) provisions requiring that the results ard, including information concerning the ter. of each or of certain of the tests of the to- countervailing effects of the tobacco product ‘‘(E) HEARING.—After the issuance of an bacco product required to be made under standard on the health of adolescent tobacco order under subparagraph (B) respecting a clause (ii) show that the tobacco product is users, adult tobacco users, or non-tobacco petition, the petitioner shall have an oppor- in conformity with the portions of the stand- users, such as the creation of a significant tunity for an informal hearing on such order. ard for which the test or tests were required; demand for contraband or other tobacco ‘‘(3) COMPLIANCE.—Compliance with re- and products that do not meet the requirements quirements under this subsection shall not ‘‘(v) a provision requiring that the sale and of this chapter and the significance of such be required before the period ending 3 years distribution of the tobacco product be re- demand, and shall issue the standard if the after the date of enactment of the Family stricted but only to the extent that the sale Secretary determines that the standard Smoking Prevention and Tobacco Control and distribution of a tobacco product may be would be appropriate for the protection of Act. restricted under a regulation under section the public health. ‘‘(f) RESEARCH AND DEVELOPMENT.—The 906(d); and ‘‘(F) COMMENT.—The Secretary shall pro- Secretary may enter into contracts for re- ‘‘(C) shall, where appropriate, require the vide for a comment period of not less than 60 search, testing, and demonstrations respect- use and prescribe the form and content of la- days. ing tobacco products and may obtain tobacco beling for the proper use of the tobacco prod- ‘‘(2) PROMULGATION.— products for research, testing, and dem- uct. ‘‘(A) IN GENERAL.—After the expiration of onstration purposes without regard to sec- ‘‘(5) PERIODIC RE-EVALUATION OF TOBACCO the period for comment on a notice of pro- tion 3324(a) and (b) of title 31, United States PRODUCT STANDARDS.—The Secretary shall posed rulemaking published under paragraph Code, and section 5 of title 41, United States provide for periodic evaluation of tobacco (1) respecting a tobacco product standard Code. product standards established under this sec- and after consideration of such comments ‘‘SEC. 907. TOBACCO PRODUCT STANDARDS. tion to determine whether such standards and any report from the Tobacco Products ‘‘(a) IN GENERAL.— should be changed to reflect new medical, Scientific Advisory Committee, the Sec- ‘‘(1) SPECIAL RULE FOR CIGARETTES.—A cig- scientific, or other technological data. The retary shall— arette or any of its component parts (includ- Secretary may provide for testing under ‘‘(i) promulgate a regulation establishing a ing the tobacco, filter, or paper) shall not paragraph (4)(B) by any person. tobacco product standard and publish in the contain, as a constituent (including a smoke ‘‘(6) INVOLVEMENT OF OTHER AGENCIES; IN- Federal Register findings on the matters re- constituent) or additive, an artificial or nat- FORMED PERSONS.—In carrying out duties ferred to in paragraph (1); or ural flavor (other than tobacco or menthol) under this section, the Secretary shall en- ‘‘(ii) publish a notice terminating the pro- or an herb or spice, including strawberry, deavor to— ceeding for the development of the standard grape, orange, clove, cinnamon, pineapple, ‘‘(A) use personnel, facilities, and other together with the reasons for such termi- vanilla, coconut, licorice, cocoa, chocolate, technical support available in other Federal nation. cherry, or coffee, that is a characterizing fla- agencies; ‘‘(B) EFFECTIVE DATE.—A regulation estab- vor of the tobacco product or tobacco smoke. ‘‘(B) consult with other Federal agencies lishing a tobacco product standard shall set Nothing in this subparagraph shall be con- concerned with standard-setting and other forth the date or dates upon which the stand- strued to limit the Secretary’s authority to nationally or internationally recognized ard shall take effect, but no such regulation take action under this section or other sec- standard-setting entities; and may take effect before 1 year after the date

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2066 CONGRESSIONAL RECORD — SENATE February 15, 2007 of its publication unless the Secretary deter- of such harm and no more practicable means tain such records, make such reports, and mines that an earlier effective date is nec- is available under the provisions of this provide such information, as the Secretary essary for the protection of the public chapter (other than this section) to elimi- may by regulation reasonably require to as- health. Such date or dates shall be estab- nate such risk, sure that such tobacco product is not adul- lished so as to minimize, consistent with the the Secretary may issue such order as may terated or misbranded and to otherwise pro- public health, economic loss to, and disrup- be necessary to assure that adequate notifi- tect public health. Regulations prescribed tion or dislocation of, domestic and inter- cation is provided in an appropriate form, by under the preceding sentence— national trade. the persons and means best suited under the ‘‘(1) may require a tobacco product manu- ‘‘(3) POWER RESERVED TO CONGRESS.—Be- circumstances involved, to all persons who facturer or importer to report to the Sec- cause of the importance of a decision of the should properly receive such notification in retary whenever the manufacturer or im- Secretary to issue a regulation establishing order to eliminate such risk. The Secretary porter receives or otherwise becomes aware a tobacco product standard— may order notification by any appropriate of information that reasonably suggests that ‘‘(A) banning all cigarettes, all smokeless means, including public service announce- one of its marketed tobacco products may tobacco products, all little cigars, all cigars ments. Before issuing an order under this have caused or contributed to a serious unex- other than little cigars, all pipe tobacco, or subsection, the Secretary shall consult with pected adverse experience associated with the use of the product or any significant in- all roll your own tobacco products; or the persons who are to give notice under the crease in the frequency of a serious, expected ‘‘(B) requiring the reduction of nicotine order. adverse product experience; yields of a tobacco product to zero, ‘‘(b) NO EXEMPTION FROM OTHER LIABIL- ‘‘(2) shall require reporting of other signifi- Congress expressly reserves to itself such ITY.—Compliance with an order issued under power. this section shall not relieve any person cant adverse tobacco product experiences as determined by the Secretary to be necessary ‘‘(4) AMENDMENT; REVOCATION.— from liability under Federal or State law. In to be reported; ‘‘(A) AUTHORITY.—The Secretary, upon the awarding damages for economic loss in an ‘‘(3) shall not impose requirements unduly Secretary’s own initiative or upon petition action brought for the enforcement of any burdensome to a tobacco product manufac- of an interested person may by a regulation, such liability, the value to the plaintiff in turer or importer, taking into account the promulgated in accordance with the require- such action of any remedy provided under cost of complying with such requirements ments of paragraphs (1) and (2)(B), amend or such order shall be taken into account. and the need for the protection of the public revoke a tobacco product standard. ‘‘(c) RECALL AUTHORITY.— health and the implementation of this chap- ‘‘(B) EFFECTIVE DATE.—The Secretary may ‘‘(1) IN GENERAL.—If the Secretary finds ter; declare a proposed amendment of a tobacco that there is a reasonable probability that a ‘‘(4) when prescribing the procedure for product standard to be effective on and after tobacco product contains a manufacturing or making requests for reports or information, its publication in the Federal Register and other defect not ordinarily contained in to- shall require that each request made under until the effective date of any final action bacco products on the market that would such regulations for submission of a report taken on such amendment if the Secretary cause serious, adverse health consequences or information to the Secretary state the determines that making it so effective is in or death, the Secretary shall issue an order reason or purpose for such request and iden- the public interest. requiring the appropriate person (including tify to the fullest extent practicable such re- ‘‘(5) REFERENCE TO ADVISORY COMMITTEE.— the manufacturers, importers, distributors, port or information; ‘‘(A) IN GENERAL.—The Secretary may refer or retailers of the tobacco product) to imme- ‘‘(5) when requiring submission of a report a proposed regulation for the establishment, diately cease distribution of such tobacco amendment, or revocation of a tobacco prod- or information to the Secretary, shall state product. The order shall provide the person the reason or purpose for the submission of uct standard to the Tobacco Products Sci- subject to the order with an opportunity for entific Advisory Committee for a report and such report or information and identify to an informal hearing, to be held not later the fullest extent practicable such report or recommendation with respect to any matter than 10 days after the date of the issuance of involved in the proposed regulation which re- information; and the order, on the actions required by the ‘‘(6) may not require that the identity of quires the exercise of scientific judgment. order and on whether the order should be ‘‘(B) INITIATION OF REFERRAL.—The Sec- any patient or user be disclosed in records, amended to require a recall of such tobacco reports, or information required under this retary may make a referral under this para- product. If, after providing an opportunity graph— subsection unless required for the medical for such a hearing, the Secretary determines welfare of an individual, to determine risks ‘‘(i) on the Secretary’s own initiative; or that inadequate grounds exist to support the ‘‘(ii) upon the request of an interested per- to public health of a tobacco product, or to actions required by the order, the Secretary verify a record, report, or information sub- son that— shall vacate the order. ‘‘(I) demonstrates good cause for the refer- mitted under this chapter. ‘‘(2) AMENDMENT OF ORDER TO REQUIRE RE- ral; and In prescribing regulations under this sub- CALL.— ‘‘(II) is made before the expiration of the section, the Secretary shall have due regard ‘‘(A) IN GENERAL.—If, after providing an op- for the professional ethics of the medical period for submission of comments on the portunity for an informal hearing under proposed regulation. profession and the interests of patients. The paragraph (1), the Secretary determines that ‘‘(C) PROVISION OF DATA.—If a proposed reg- prohibitions of paragraph (6) continue to the order should be amended to include a re- ulation is referred under this paragraph to apply to records, reports, and information call of the tobacco product with respect to the Tobacco Products Scientific Advisory concerning any individual who has been a pa- which the order was issued, the Secretary Committee, the Secretary shall provide the tient, irrespective of whether or when he shall, except as provided in subparagraph Advisory Committee with the data and infor- ceases to be a patient. (B), amend the order to require a recall. The mation on which such proposed regulation is ‘‘(b) REPORTS OF REMOVALS AND CORREC- Secretary shall specify a timetable in which based. TIONS.— the tobacco product recall will occur and N GENERAL ‘‘(D) REPORT AND RECOMMENDATION.—The ‘‘(1) I .—Except as provided in Tobacco Products Scientific Advisory Com- shall require periodic reports to the Sec- paragraph (2), the Secretary shall by regula- mittee shall, within 60 days after the referral retary describing the progress of the recall. tion require a tobacco product manufacturer of a proposed regulation under this para- ‘‘(B) NOTICE.—An amended order under sub- or importer of a tobacco product to report graph and after independent study of the paragraph (A)— promptly to the Secretary any corrective ac- data and information furnished to it by the ‘‘(i) shall not include recall of a tobacco tion taken or removal from the market of a Secretary and other data and information product from individuals; and tobacco product undertaken by such manu- before it, submit to the Secretary a report ‘‘(ii) shall provide for notice to persons facturer or importer if the removal or cor- and recommendation respecting such regula- subject to the risks associated with the use rection was undertaken— tion, together with all underlying data and of such tobacco product. ‘‘(A) to reduce a risk to health posed by the information and a statement of the reason or In providing the notice required by clause tobacco product; or basis for the recommendation. (ii), the Secretary may use the assistance of ‘‘(B) to remedy a violation of this chapter ‘‘(E) PUBLIC AVAILABILITY.—The Secretary retailers and other persons who distributed caused by the tobacco product which may shall make a copy of each report and rec- such tobacco product. If a significant num- present a risk to health. ommendation under subparagraph (D) pub- ber of such persons cannot be identified, the A tobacco product manufacturer or importer licly available. Secretary shall notify such persons under of a tobacco product who undertakes a cor- ‘‘SEC. 908. NOTIFICATION AND OTHER REMEDIES. section 705(b). rective action or removal from the market of ‘‘(a) NOTIFICATION.—If the Secretary deter- ‘‘(3) REMEDY NOT EXCLUSIVE.—The remedy a tobacco product which is not required to be mines that— provided by this subsection shall be in addi- reported under this subsection shall keep a ‘‘(1) a tobacco product which is introduced tion to remedies provided by subsection (a) record of such correction or removal. or delivered for introduction into interstate of this section. ‘‘(2) EXCEPTION.—No report of the correc- commerce for commercial distribution pre- ‘‘SEC. 909. RECORDS AND REPORTS ON TOBACCO tive action or removal of a tobacco product sents an unreasonable risk of substantial PRODUCTS. may be required under paragraph (1) if a re- harm to the public health; and ‘‘(a) IN GENERAL.—Every person who is a port of the corrective action or removal is ‘‘(2) notification under this subsection is tobacco product manufacturer or importer of required and has been submitted under sub- necessary to eliminate the unreasonable risk a tobacco product shall establish and main- section (a).

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‘‘SEC. 910. APPLICATION FOR REVIEW OF CER- information related to the tobacco product ‘‘(2) DENIAL OF APPROVAL.—The Secretary TAIN TOBACCO PRODUCTS. or state that such information will be made shall deny approval of an application for a ‘‘(a) IN GENERAL.— available upon request by any person. tobacco product if, upon the basis of the in- ‘‘(1) NEW TOBACCO PRODUCT DEFINED.—For ‘‘(B) REQUIRED INFORMATION.—Any sum- formation submitted to the Secretary as purposes of this section the term ‘new to- mary under subparagraph (A) respecting a part of the application and any other infor- bacco product’ means— tobacco product shall contain detailed information before the Secretary with respect to ‘‘(A) any tobacco product (including those mation regarding data concerning adverse such tobacco product, the Secretary finds products in test markets) that was not com- health effects and shall be made available to that— mercially marketed in the United States as the public by the Secretary within 30 days of ‘‘(A) there is a lack of a showing that per- of June 1, 2003; or the issuance of a determination that such to- mitting such tobacco product to be marketed ‘‘(B) any modification (including a change bacco product is substantially equivalent to would be appropriate for the protection of in design, any component, any part, or any another tobacco product. the public health; constituent, including a smoke constituent, ‘‘(b) APPLICATION.— ‘‘(B) the methods used in, or the facilities or in the content, delivery or form of nico- ‘‘(1) CONTENTS.—An application for pre- or controls used for, the manufacture, proc- tine, or any other additive or ingredient) of market approval shall contain— essing, or packing of such tobacco product do a tobacco product where the modified prod- ‘‘(A) full reports of all information, pub- not conform to the requirements of section uct was commercially marketed in the lished or known to, or which should reason- 906(e); United States after June 1, 2003. ably be known to, the applicant, concerning ‘‘(C) based on a fair evaluation of all mate- ‘‘(2) PREMARKET APPROVAL REQUIRED.— investigations which have been made to rial facts, the proposed labeling is false or ‘‘(A) NEW PRODUCTS.—Approval under this show the health risks of such tobacco prod- misleading in any particular; or section of an application for premarket ap- uct and whether such tobacco product pre- ‘‘(D) such tobacco product is not shown to proval for any new tobacco product is resents less risk than other tobacco products; conform in all respects to a tobacco product quired unless— ‘‘(B) a full statement of the components, standard in effect under section 907, compli- ‘‘(i) the manufacturer has submitted a re- ingredients, additives, and properties, and of ance with which is a condition to approval of port under section 905(j); and the principle or principles of operation, of the application, and there is a lack of ade- ‘‘(ii) the Secretary has issued an order that such tobacco product; quate information to justify the deviation the tobacco product— ‘‘(C) a full description of the methods used from such standard. ‘‘(I) is substantially equivalent to a to- in, and the facilities and controls used for, ‘‘(3) DENIAL INFORMATION.—Any denial of bacco product commercially marketed (other the manufacture, processing, and, when rel- an application shall, insofar as the Secretary than for test marketing) in the United evant, packing and installation of, such to- determines to be practicable, be accom- States as of June 1, 2003; and bacco product; panied by a statement informing the appli- ‘‘(II)(aa) is in compliance with the require- ‘‘(D) an identifying reference to any to- cant of the measures required to place such ments of this Act; or bacco product standard under section 907 application in approvable form (which meas- ‘‘(bb) is exempt from the requirements of which would be applicable to any aspect of ures may include further research by the ap- section 905(j) pursuant to a regulation issued such tobacco product, and either adequate plicant in accordance with 1 or more proto- under section 905(j)(3). information to show that such aspect of such cols prescribed by the Secretary). ‘‘(B) APPLICATION TO CERTAIN POST JUNE 1, tobacco product fully meets such tobacco ‘‘(4) BASIS FOR FINDING.—For purposes of 2003 PRODUCTS.—Subparagraph (A) shall not product standard or adequate information to this section, the finding as to whether ap- apply to a tobacco product— justify any deviation from such standard; proval of a tobacco product is appropriate for ‘‘(i) that was first introduced or delivered ‘‘(E) such samples of such tobacco product the protection of the public health shall be for introduction into interstate commerce and of components thereof as the Secretary determined with respect to the risks and for commercial distribution in the United may reasonably require; benefits to the population as a whole, includ- States after June 1, 2003, and prior to the ‘‘(F) specimens of the labeling proposed to ing users and nonusers of the tobacco prod- date that is 15 months after the date of en- be used for such tobacco product; and uct, and taking into account— actment of the Family Smoking Prevention ‘‘(G) such other information relevant to ‘‘(A) the increased or decreased likelihood and Tobacco Control Act; and the subject matter of the application as the that existing users of tobacco products will ‘‘(ii) for which a report was submitted Secretary may require. stop using such products; and under section 905(j) within such 15-month pe- ‘‘(2) REFERENCE TO TOBACCO PRODUCTS SCI- ‘‘(B) the increased or decreased likelihood riod, ENTIFIC ADVISORY COMMITTEE.—Upon receipt that those who do not use tobacco products except that subparagraph (A) shall apply to of an application meeting the requirements will start using such products. the tobacco product if the Secretary issues set forth in paragraph (1), the Secretary— ‘‘(5) BASIS FOR ACTION.— an order that the tobacco product is not sub- ‘‘(A) may, on the Secretary’s own initia- ‘‘(A) INVESTIGATIONS.—For purposes of stantially equivalent. tive; or paragraph (2)(A), whether permitting a to- ‘‘(3) SUBSTANTIALLY EQUIVALENT DEFINED.— ‘‘(B) may, upon the request of an applicant, bacco product to be marketed would be ap- ‘‘(A) IN GENERAL.—In this section and sec- refer such application to the Tobacco Prod- propriate for the protection of the public tion 905(j), the terms ‘substantially equiva- ucts Scientific Advisory Committee for ref- health shall, when appropriate, be deter- lent’ or ‘substantial equivalence’ mean, with erence and for submission (within such pe- mined on the basis of well-controlled inves- respect to the tobacco product being com- riod as the Secretary may establish) of a re- tigations, which may include 1 or more clin- pared to the predicate tobacco product, that port and recommendation respecting ap- ical investigations by experts qualified by the Secretary by order has found that the to- proval of the application, together with all training and experience to evaluate the tobacco product— underlying data and the reasons or basis for bacco product. ‘‘(i) has the same characteristics as the the recommendation. ‘‘(B) OTHER EVIDENCE.—If the Secretary de- predicate tobacco product; or ‘‘(c) ACTION ON APPLICATION.— termines that there exists valid scientific ‘‘(ii) has different characteristics and the ‘‘(1) DEADLINE.— evidence (other than evidence derived from information submitted contains information, ‘‘(A) IN GENERAL.—As promptly as possible, investigations described in subparagraph including clinical data if deemed necessary but in no event later than 180 days after the (A)) which is sufficient to evaluate the to- by the Secretary, that demonstrates that it receipt of an application under subsection bacco product the Secretary may authorize is not appropriate to regulate the product (b), the Secretary, after considering the re- that the determination for purposes of para- under this section because the product does port and recommendation submitted under graph (2)(A) be made on the basis of such evi- not raise different questions of public health. paragraph (2) of such subsection, shall— dence. ‘‘(B) CHARACTERISTICS.—In subparagraph ‘‘(i) issue an order approving the applica- ‘‘(d) WITHDRAWAL AND TEMPORARY SUSPEN- (A), the term ‘characteristics’ means the mation if the Secretary finds that none of the SION.— terials, ingredients, design, composition, grounds for denying approval specified in ‘‘(1) IN GENERAL.—The Secretary shall, heating source, or other features of a to- paragraph (2) of this subsection applies; or upon obtaining, where appropriate, advice on bacco product. ‘‘(ii) deny approval of the application if the scientific matters from the Tobacco Prod- ‘‘(C) LIMITATION.—A tobacco product may Secretary finds (and sets forth the basis for ucts Scientific Advisory Committee, and not be found to be substantially equivalent such finding as part of or accompanying such after due notice and opportunity for infor- to a predicate tobacco product that has been denial) that 1 or more grounds for denial mal hearing to the holder of an approved ap- removed from the market at the initiative of specified in paragraph (2) of this subsection plication for a tobacco product, issue an the Secretary or that has been determined apply. order withdrawing approval of the applica- by a judicial order to be misbranded or adul- ‘‘(B) RESTRICTIONS ON SALE AND DISTRIBU- tion if the Secretary finds— terated. TION.—An order approving an application for ‘‘(A) that the continued marketing of such ‘‘(4) HEALTH INFORMATION.— a tobacco product may require as a condition tobacco product no longer is appropriate for ‘‘(A) SUMMARY.—As part of a submission to such approval that the sale and distribu- the protection of the public health; under section 905(j) respecting a tobacco tion of the tobacco product be restricted but ‘‘(B) that the application contained or was product, the person required to file a pre- only to the extent that the sale and distribu- accompanied by an untrue statement of a market notification under such section shall tion of a tobacco product may be restricted material fact; provide an adequate summary of any health under a regulation under section 906(d). ‘‘(C) that the applicant—

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2068 CONGRESSIONAL RECORD — SENATE February 15, 2007 ‘‘(i) has failed to establish a system for whether there is or may be grounds for with- ‘‘(2) the conditions for using the product; maintaining records, or has repeatedly or de- drawing or temporarily suspending such ap- ‘‘(3) the formulation of the product; liberately failed to maintain records or to proval. ‘‘(4) sample product labels and labeling; make reports, required by an applicable reg- ‘‘(2) ACCESS TO RECORDS.—Each person re- ‘‘(5) all documents (including underlying ulation under section 909; quired under this section to maintain scientific information) relating to research ‘‘(ii) has refused to permit access to, or records, and each person in charge or cus- findings conducted, supported, or possessed copying or verification of, such records as re- tody thereof, shall, upon request of an officer by the tobacco product manufacturer relat- quired by section 704; or or employee designated by the Secretary, ing to the effect of the product on tobacco- ‘‘(iii) has not complied with the require- permit such officer or employee at all rea- related diseases and health-related condi- ments of section 905; sonable times to have access to and copy and tions, including information both favorable ‘‘(D) on the basis of new information before verify such records. and unfavorable to the ability of the product the Secretary with respect to such tobacco ‘‘(g) INVESTIGATIONAL TOBACCO PRODUCT to reduce risk or exposure and relating to product, evaluated together with the evi- EXEMPTION FOR INVESTIGATIONAL USE.—The human health; dence before the Secretary when the applica- Secretary may exempt tobacco products in- ‘‘(6) data and information on how con- tion was approved, that the methods used in, tended for investigational use from the pro- sumers actually use the tobacco product; and or the facilities and controls used for, the visions of this chapter under such conditions ‘‘(7) such other information as the Sec- manufacture, processing, packing, or instal- as the Secretary may by regulation pre- retary may require. lation of such tobacco product do not con- scribe. ‘‘(e) PUBLIC AVAILABILITY.—The Secretary form with the requirements of section 906(e) ‘‘SEC. 911. MODIFIED RISK TOBACCO PRODUCTS. and were not brought into conformity with shall make the application described in sub- ‘‘(a) IN GENERAL.—No person may intro- such requirements within a reasonable time section (d) publicly available (except matters duce or deliver for introduction into inter- after receipt of written notice from the Sec- state commerce any modified risk tobacco in the application which are trade secrets or retary of nonconformity; product unless approval of an application otherwise confidential, commercial informa- ‘‘(E) on the basis of new information before filed pursuant to subsection (d) is effective tion) and shall request comments by inter- the Secretary, evaluated together with the with respect to such product. ested persons on the information contained evidence before the Secretary when the application was approved, that the labeling of ‘‘(b) DEFINITIONS.—In this section: in the application and on the label, labeling, such tobacco product, based on a fair evalua- ‘‘(1) MODIFIED RISK TOBACCO PRODUCT.—The and advertising accompanying such application of all material facts, is false or mis- term ‘modified risk tobacco product’ means tion. leading in any particular and was not cor- any tobacco product that is sold or distributed for use to reduce harm or the risk of to- ‘‘(f) ADVISORY COMMITTEE.— rected within a reasonable time after receipt ‘‘(1) IN GENERAL.—The Secretary shall refer of written notice from the Secretary of such bacco-related disease associated with commercially marketed tobacco products. to the Tobacco Products Scientific Advisory fact; or Committee any application submitted under ‘‘(2) SOLD OR DISTRIBUTED.— ‘‘(F) on the basis of new information before this subsection. the Secretary, evaluated together with the ‘‘(A) IN GENERAL.—With respect to a tobacco product, the term ‘sold or distributed ‘‘(2) RECOMMENDATIONS.—Not later than 60 evidence before the Secretary when the ap- days after the date an application is referred plication was approved, that such tobacco for use to reduce harm or the risk of tobacco-related disease associated with com- to the Tobacco Products Scientific Advisory product is not shown to conform in all re- Committee under paragraph (1), the Advisory spects to a tobacco product standard which mercially marketed tobacco products’ means a tobacco product— Committee shall report its recommendations is in effect under section 907, compliance on the application to the Secretary. with which was a condition to approval of ‘‘(i) the label, labeling, or advertising of the application, and that there is a lack of which represents explicitly or implicitly ‘‘(g) APPROVAL.— adequate information to justify the devi- that— ‘‘(1) MODIFIED RISK PRODUCTS.—Except as ation from such standard. ‘‘(I) the tobacco product presents a lower provided in paragraph (2), the Secretary ‘‘(2) APPEAL.—The holder of an application risk of tobacco-related disease or is less shall approve an application for a modified subject to an order issued under paragraph harmful than one or more other commer- risk tobacco product filed under this section (1) withdrawing approval of the application cially marketed tobacco products; only if the Secretary determines that the ap- may, by petition filed on or before the 30th ‘‘(II) the tobacco product or its smoke con- plicant has demonstrated that such product, day after the date upon which such holder tains a reduced level of a substance or pre- as it is actually used by consumers, will— receives notice of such withdrawal, obtain sents a reduced exposure to a substance; or ‘‘(A) significantly reduce harm and the review thereof in accordance with section ‘‘(III) the tobacco product or its smoke risk of tobacco-related disease to individual 912. does not contain or is free of a substance; tobacco users; and ‘‘(3) TEMPORARY SUSPENSION.—If, after pro- ‘‘(ii) the label, labeling, or advertising of ‘‘(B) benefit the health of the population as viding an opportunity for an informal hear- which uses the descriptors ‘light’, ‘mild’, or a whole taking into account both users of to- ing, the Secretary determines there is rea- ‘low’ or similar descriptors; or bacco products and persons who do not cur- sonable probability that the continuation of ‘‘(iii) the tobacco product manufacturer of rently use tobacco products. distribution of a tobacco product under an which has taken any action directed to con- ‘‘(2) SPECIAL RULE FOR CERTAIN PRODUCTS.— approved application would cause serious, sumers through the media or otherwise, ‘‘(A) IN GENERAL.—The Secretary may ap- adverse health consequences or death, that is other than by means of the tobacco product’s prove an application for a tobacco product greater than ordinarily caused by tobacco label, labeling, or advertising, after the date that has not been approved as a modified products on the market, the Secretary shall of enactment of the Family Smoking Pre- risk tobacco product pursuant to paragraph by order temporarily suspend the approval of vention and Tobacco Control Act, respecting (1) if the Secretary makes the findings re- the application approved under this section. the product that would be reasonably ex- quired under this paragraph and determines If the Secretary issues such an order, the pected to result in consumers believing that that the applicant has demonstrated that— Secretary shall proceed expeditiously under the tobacco product or its smoke may ‘‘(i) the approval of the application would paragraph (1) to withdraw such application. present a lower risk of disease or is less be appropriate to promote the public health; ‘‘(e) SERVICE OF ORDER.—An order issued harmful than one or more commercially ‘‘(ii) any aspect of the label, labeling, and by the Secretary under this section shall be marketed tobacco products, or presents a re- advertising for such product that would served— duced exposure to, or does not contain or is cause the tobacco product to be a modified ‘‘(1) in person by any officer or employee of free of, a substance or substances. risk tobacco product under subsection (b)(2) the department designated by the Secretary; ‘‘(B) LIMITATION.—No tobacco product shall is limited to an explicit or implicit represen- or be considered to be ‘sold or distributed for tation that such tobacco product or its ‘‘(2) by mailing the order by registered use to reduce harm or the risk of tobacco-re- smoke contains or is free of a substance or mail or certified mail addressed to the appli- lated disease associated with commercially contains a reduced level of a substance, or cant at the applicant’s last known address in marketed tobacco products’, except as de- presents a reduced exposure to a substance the records of the Secretary. scribed in subparagraph (A). in tobacco smoke; ‘‘(f) RECORDS.— ‘‘(c) TOBACCO DEPENDENCE PRODUCTS.—A ‘‘(iii) scientific evidence is not available ‘‘(1) ADDITIONAL INFORMATION.—In the case product that is intended to be used for the and, using the best available scientific meth- of any tobacco product for which an approval treatment of tobacco dependence, including ods, cannot be made available without con- of an application filed under subsection (b) is smoking cessation, is not a modified risk to- ducting long-term epidemiological studies in effect, the applicant shall establish and bacco product under this section and is sub- for an application to meet the standards set maintain such records, and make such reject to the requirements of chapter V. forth in paragraph (1); and ports to the Secretary, as the Secretary may ‘‘(d) FILING.—Any person may file with the ‘‘(iv) the scientific evidence that is avail- by regulation, or by order with respect to Secretary an application for a modified risk able without conducting long-term epidemio- such application, prescribe on the basis of a tobacco product. Such application shall in- logical studies demonstrates that a measur- finding that such records and reports are clude— able and substantial reduction in morbidity necessary in order to enable the Secretary to ‘‘(1) a description of the proposed product or mortality among individual tobacco users determine, or facilitate a determination of, and any proposed advertising and labeling; is anticipated in subsequent studies.

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‘‘(B) ADDITIONAL FINDINGS REQUIRED.—In use of products for smoking cessation ap- the principal investigator proposed to be order to approve an application under sub- proved under chapter V to treat nicotine de- used in the surveillance has sufficient quali- paragraph (A) the Secretary must also find pendence; and fications and experience to conduct such sur- that the applicant has demonstrated that— ‘‘(E) comments, data, and information sub- veillance and if such protocol will result in ‘‘(i) the magnitude of the overall reduc- mitted by interested persons. collection of the data or other information tions in exposure to the substance or sub- ‘‘(h) ADDITIONAL CONDITIONS FOR AP- designated by the Secretary as necessary to stances which are the subject of the applica- PROVAL.— protect the public health. tion is substantial, such substance or sub- ‘‘(1) MODIFIED RISK PRODUCTS.—The Sec- ‘‘(j) WITHDRAWAL OF APPROVAL.—The Sec- stances are harmful, and the product as ac- retary shall require for the approval of an retary, after an opportunity for an informal tually used exposes consumers to the speci- application under this section that any ad- hearing, shall withdraw the approval of an fied reduced level of the substance or sub- vertising or labeling concerning modified application under this section if the Sec- stances; risk products enable the public to com- retary determines that— ‘‘(ii) the product as actually used by con- prehend the information concerning modi- ‘‘(1) the applicant, based on new informa- sumers will not expose them to higher levels fied risk and to understand the relative sig- tion, can no longer make the demonstrations of other harmful substances compared to the nificance of such information in the context required under subsection (g), or the Sec- similar types of tobacco products then on of total health and in relation to all of the retary can no longer make the determina- the market unless such increases are mini- diseases and health-related conditions asso- tions required under subsection (g); mal and the anticipated overall impact of ciated with the use of tobacco products. ‘‘(2) the application failed to include mate- use of the product remains a substantial and ‘‘(2) COMPARATIVE CLAIMS.— rial information or included any untrue measurable reduction in overall morbidity ‘‘(A) IN GENERAL.—The Secretary may re- statement of material fact; quire for the approval of an application and mortality among individual tobacco ‘‘(3) any explicit or implicit representation under this subsection that a claim com- users; that the product reduces risk or exposure is paring a tobacco product to 1 or more other ‘‘(iii) testing of actual consumer percep- no longer valid, including if— commercially marketed tobacco products tion shows that, as the applicant proposes to ‘‘(A) a tobacco product standard is estab- shall compare the tobacco product to a com- label and market the product, consumers lished pursuant to section 907; mercially marketed tobacco product that is will not be misled into believing that the ‘‘(B) an action is taken that affects the representative of that type of tobacco prod- product— risks presented by other commercially mar- uct on the market (for example the average ‘‘(I) is or has been demonstrated to be less keted tobacco products that were compared value of the top 3 brands of an established harmful; or to the product that is the subject of the ap- ‘‘(II) presents or has been demonstrated to regular tobacco product). plication; or present less of a risk of disease than 1 or ‘‘(B) QUANTITATIVE COMPARISONS.—The Sec- ‘‘(C) any postmarket surveillance or stud- more other commercially marketed tobacco retary may also require, for purposes of sub- ies reveal that the approval of the applica- products; and paragraph (A), that the percent (or fraction) tion is no longer consistent with the protec- ‘‘(iv) approval of the application is ex- of change and identity of the reference to- tion of the public health; pected to benefit the health of the popu- bacco product and a quantitative comparison ‘‘(4) the applicant failed to conduct or sub- lation as a whole taking into account both of the amount of the substance claimed to be mit the postmarket surveillance and studies users of tobacco products and persons who do reduced shall be stated in immediate prox- required under subsection (g)(2)(C)(ii) or (i); not currently use tobacco products. imity to the most prominent claim. or ‘‘(C) CONDITIONS OF APPROVAL.— ‘‘(3) LABEL DISCLOSURE.— ‘‘(5) the applicant failed to meet a condi- ‘‘(i) IN GENERAL.—Applications approved ‘‘(A) IN GENERAL.—The Secretary may re- under this paragraph shall be limited to a quire the disclosure on the label of other tion imposed under subsection (h). term of not more than 5 years, but may be substances in the tobacco product, or sub- ‘‘(k) CHAPTER IV OR V.—A product ap- renewed upon a finding by the Secretary stances that may be produced by the con- proved in accordance with this section shall that the requirements of this paragraph consumption of that tobacco product, that may not be subject to chapter IV or V. tinue to be satisfied based on the filing of a affect a disease or health-related condition ‘‘(l) IMPLEMENTING REGULATIONS OR GUID- new application. or may increase the risk of other diseases or ANCE.— ‘‘(ii) AGREEMENTS BY APPLICANT.—Applica- health-related conditions associated with ‘‘(1) SCIENTIFIC EVIDENCE.—Not later than 2 tions approved under this paragraph shall be the use of tobacco products. years after the date of enactment of the conditioned on the applicant’s agreement to ‘‘(B) CONDITIONS OF USE.—If the conditions Family Smoking Prevention and Tobacco conduct post-market surveillance and stud- of use of the tobacco product may affect the Control Act, the Secretary shall issue regu- ies and to submit to the Secretary the re- risk of the product to human health, the lations or guidance (or any combination sults of such surveillance and studies to de- Secretary may require the labeling of condi- thereof) on the scientific evidence required termine the impact of the application ap- tions of use. for assessment and ongoing review of modi- proval on consumer perception, behavior, ‘‘(4) TIME.—The Secretary shall limit an fied risk tobacco products. Such regulations and health and to enable the Secretary to re- approval under subsection (g)(1) for a speci- or guidance shall— view the accuracy of the determinations fied period of time. ‘‘(A) establish minimum standards for sci- upon which the approval was based in ac- ‘‘(5) ADVERTISING.—The Secretary may re- entific studies needed prior to approval to cordance with a protocol approved by the quire that an applicant, whose application show that a substantial reduction in mor- Secretary. has been approved under this subsection, bidity or mortality among individual to- ‘‘(iii) ANNUAL SUBMISSION.—The results of comply with requirements relating to adver- bacco users is likely; such post-market surveillance and studies tising and promotion of the tobacco product. ‘‘(B) include validated biomarkers, inter- described in clause (ii) shall be submitted an- ‘‘(i) POSTMARKET SURVEILLANCE AND STUD- mediate clinical endpoints, and other fea- nually. IES.— sible outcome measures, as appropriate; ‘‘(3) BASIS.—The determinations under ‘‘(1) IN GENERAL.—The Secretary shall re- ‘‘(C) establish minimum standards for post paragraphs (1) and (2) shall be based on— quire that an applicant under subsection market studies, that shall include regular ‘‘(A) the scientific evidence submitted by (g)(1) conduct post market surveillance and and long-term assessments of health out- the applicant; and studies for a tobacco product for which an comes and mortality, intermediate clinical ‘‘(B) scientific evidence and other informa- application has been approved to determine endpoints, consumer perception of harm re- tion that is available to the Secretary. the impact of the application approval on duction, and the impact on quitting behavior ‘‘(4) BENEFIT TO HEALTH OF INDIVIDUALS AND consumer perception, behavior, and health, and new use of tobacco products, as appro- OF POPULATION AS A WHOLE.—In making the to enable the Secretary to review the accu- priate; determinations under paragraphs (1) and (2), racy of the determinations upon which the ‘‘(D) establish minimum standards for re- the Secretary shall take into account— approval was based, and to provide informa- quired postmarket surveillance, including ‘‘(A) the relative health risks to individ- tion that the Secretary determines is other- ongoing assessments of consumer perception; uals of the tobacco product that is the sub- wise necessary regarding the use or health and ject of the application; risks involving the tobacco product. The re- ‘‘(E) require that data from the required ‘‘(B) the increased or decreased likelihood sults of post-market surveillance and studies studies and surveillance be made available to that existing users of tobacco products who shall be submitted to the Secretary on an the Secretary prior to the decision on re- would otherwise stop using such products annual basis. newal of a modified risk tobacco product. will switch to the tobacco product that is ‘‘(2) SURVEILLANCE PROTOCOL.—Each appli- ‘‘(2) CONSULTATION.—The regulations or the subject of the application; cant required to conduct a surveillance of a guidance issued under paragraph (1) shall be ‘‘(C) the increased or decreased likelihood tobacco product under paragraph (1) shall, developed in consultation with the Institute that persons who do not use tobacco prod- within 30 days after receiving notice that the of Medicine, and with the input of other ap- ucts will start using the tobacco product applicant is required to conduct such surveil- propriate scientific and medical experts, on that is the subject of the application; lance, submit, for the approval of the Sec- the design and conduct of such studies and ‘‘(D) the risks and benefits to persons from retary, a protocol for the required surveil- surveillance. the use of the tobacco product that is the lance. The Secretary, within 60 days of the ‘‘(3) REVISION.—The regulations or guid- subject of the application as compared to the receipt of such protocol, shall determine if ance under paragraph (1) shall be revised on

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2070 CONGRESSIONAL RECORD — SENATE February 15, 2007 a regular basis as new scientific information tiorari or certification, as provided in sec- through labels or advertising or other appro- becomes available. tion 1254 of title 28, United States Code. priate means, and make disclosures regard- ‘‘(4) NEW TOBACCO PRODUCTS.—Not later ‘‘(d) OTHER REMEDIES.—The remedies pro- ing the results of the testing of other con- than 2 years after the date of enactment of vided for in this section shall be in addition stituents, including smoke constituents, in- the Family Smoking Prevention and To- to, and not in lieu of, any other remedies gredients, or additives, that the Secretary bacco Control Act, the Secretary shall issue provided by law. determines should be disclosed to the public a regulation or guidance that permits the fil- ‘‘(e) REGULATIONS AND ORDERS MUST RE- to protect the public health and will not mis- ing of a single application for any tobacco CITE BASIS IN RECORD.—To facilitate judicial lead consumers about the risk of tobacco re- product that is a new tobacco product under review, a regulation or order issued under lated disease. section 910 and for which the applicant seeks section 906, 907, 908, 909, 910, or 916 shall con- ‘‘(c) AUTHORITY.—The Food and Drug Ad- approval as a modified risk tobacco product tain a statement of the reasons for the ministration shall have the authority under under this section. issuance of such regulation or order in the this chapter to conduct or to require the ‘‘(m) DISTRIBUTORS.—No distributor may record of the proceedings held in connection testing, reporting, or disclosure of tobacco take any action, after the date of enactment with its issuance. product constituents, including smoke con- of the Family Smoking Prevention and To- ‘‘SEC. 913. EQUAL TREATMENT OF RETAIL OUT- stituents. bacco Control Act, with respect to a tobacco LETS. ‘‘SEC. 917. PRESERVATION OF STATE AND LOCAL product that would reasonably be expected ‘‘The Secretary shall issue regulations to AUTHORITY. to result in consumers believing that the to- require that retail establishments for which ‘‘(a) IN GENERAL.— bacco product or its smoke may present a the predominant business is the sale of to- ‘‘(1) PRESERVATION.—Except as provided in lower risk of disease or is less harmful than bacco products comply with any advertising paragraph (2)(A), nothing in this chapter, or one or more commercially marketed tobacco restrictions applicable to retail establish- rules promulgated under this chapter, shall products, or presents a reduced exposure to, ments accessible to individuals under the be construed to limit the authority of a Fed- or does not contain or is free of, a substance age of 18. eral agency (including the Armed Forces), a or substances. ‘‘SEC. 914. JURISDICTION OF AND COORDINATION State or political subdivision of a State, or ‘‘SEC. 912. JUDICIAL REVIEW. WITH THE FEDERAL TRADE COMMIS- the government of an Indian tribe to enact, ‘‘(a) RIGHT TO REVIEW.— SION. adopt, promulgate, and enforce any law, ‘‘(1) IN GENERAL.—Not later than 30 days ‘‘(a) JURISDICTION.— rule, regulation, or other measure with re- after— ‘‘(1) IN GENERAL.—Except where expressly spect to tobacco products that is in addition ‘‘(A) the promulgation of a regulation provided in this chapter, nothing in this to, or more stringent than, requirements es- under section 907 establishing, amending, or chapter shall be construed as limiting or di- tablished under this chapter, including a revoking a tobacco product standard; or minishing the authority of the Federal Trade law, rule, regulation, or other measure relat- ‘‘(B) a denial of an application for approval Commission to enforce the laws under its ju- ing to or prohibiting the sale, distribution, under section 910(c), risdiction with respect to the advertising, possession, exposure to, access to, adver- sale, or distribution of tobacco products. any person adversely affected by such regu- tising and promotion of, or use of tobacco ‘‘(2) ENFORCEMENT.—Any advertising that lation or denial may file a petition for judi- products by individuals of any age, informa- violates this chapter or a provision of the cial review of such regulation or denial with tion reporting to the State, or measures re- regulations referred to in section 102 of the the United States Court of Appeals for the lating to fire safety standards for tobacco Family Smoking Prevention and Tobacco District of Columbia or for the circuit in products. No provision of this chapter shall Control Act, is an unfair or deceptive act or which such person resides or has their prin- limit or otherwise affect any State, Tribal, practice under section 5(a) of the Federal cipal place of business. or local taxation of tobacco products. Trade Commission Act and shall be consid- ‘‘(2) REQUIREMENTS.— ‘‘(2) PREEMPTION OF CERTAIN STATE AND ered a violation of a rule promulgated under ‘‘(A) COPY OF PETITION.—A copy of the peti- LOCAL REQUIREMENTS.— section 18 of that Act. tion filed under paragraph (1) shall be trans- ‘‘(A) IN GENERAL.—No State or political ‘‘(b) COORDINATION.—With respect to the re- mitted by the clerk of the court involved to subdivision of a State may establish or con- quirements of section 4 of the Federal Ciga- the Secretary. tinue in effect with respect to a tobacco rette Labeling and Advertising Act and sec- ‘‘(B) RECORD OF PROCEEDINGS.—On receipt product any requirement which is different tion 3 of the Comprehensive Smokeless To- of a petition under subparagraph (A), the from, or in addition to, any requirement bacco Health Education Act of 1986— Secretary shall file in the court in which under the provisions of this chapter relating ‘‘(1) the Chairman of the Federal Trade such petition was filed— to tobacco product standards, premarket ap- Commission shall coordinate with the Sec- ‘‘(i) the record of the proceedings on which proval, adulteration, misbranding, labeling, retary concerning the enforcement of such the regulation or order was based; and registration, good manufacturing standards, Act as such enforcement relates to unfair or ‘‘(ii) a statement of the reasons for the or modified risk tobacco products. deceptive acts or practices in the advertising issuance of such a regulation or order. ‘‘(B) EXCEPTION.—Subparagraph (A) does of cigarettes or smokeless tobacco; and ‘‘(C) DEFINITION OF RECORD.—In this sec- not apply to requirements relating to the ‘‘(2) the Secretary shall consult with the tion, the term ‘record’ means— sale, distribution, possession, information Chairman of such Commission in revising ‘‘(i) all notices and other matter published reporting to the State, exposure to, access the label statements and requirements under in the Federal Register with respect to the to, the advertising and promotion of, or use such sections. regulation or order reviewed; of, tobacco products by individuals of any ‘‘(ii) all information submitted to the Sec- ‘‘SEC. 915. CONGRESSIONAL REVIEW PROVISIONS. age, or relating to fire safety standards for retary with respect to such regulation or ‘‘In accordance with section 801 of title 5, tobacco products. Information disclosed to a order; United States Code, Congress shall review, State under subparagraph (A) that is exempt ‘‘(iii) proceedings of any panel or advisory and may disapprove, any rule under this from disclosure under section 552(b)(4) of committee with respect to such regulation chapter that is subject to section 801. This title 5, United States Code, shall be treated or order; section and section 801 do not apply to the as a trade secret and confidential informa- ‘‘(iv) any hearing held with respect to such final rule referred to in paragraphs (1) and (2) tion by the State. regulation or order; and of section 102(a) of the Family Smoking Pre- ‘‘(b) RULE OF CONSTRUCTION REGARDING ‘‘(v) any other information identified by vention and Tobacco Control Act. PRODUCT LIABILITY.—No provision of this the Secretary, in the administrative pro- ‘‘SEC. 916. REGULATION REQUIREMENT. chapter relating to a tobacco product shall ceeding held with respect to such regulation ‘‘(a) TESTING, REPORTING, AND DISCLO- be construed to modify or otherwise affect or order, as being relevant to such regulation SURE.—Not later than 24 months after the any action or the liability of any person or order. date of enactment of the Family Smoking under the product liability law of any State. ‘‘(b) STANDARD OF REVIEW.—Upon the filing Prevention and Tobacco Control Act, the ‘‘SEC. 918. TOBACCO PRODUCTS SCIENTIFIC AD- of the petition under subsection (a) for judi- Secretary, acting through the Commissioner VISORY COMMITTEE. cial review of a regulation or order, the of Food and Drugs, shall promulgate regula- ‘‘(a) ESTABLISHMENT.—Not later than 1 court shall have jurisdiction to review the tions under this Act that meet the require- year after the date of enactment of the Fam- regulation or order in accordance with chap- ments of subsection (b). ily Smoking Prevention and Tobacco Con- ter 7 of title 5, United States Code, and to ‘‘(b) CONTENTS OF RULES.—The regulations trol Act, the Secretary shall establish an 11- grant appropriate relief, including interim promulgated under subsection (a) shall remember advisory committee, to be known as relief, as provided for in such chapter. A reg- quire testing and reporting of tobacco prod- the ‘Tobacco Products Scientific Advisory ulation or denial described in subsection (a) uct constituents, ingredients, and additives, Committee’ (in this section referred to as the shall be reviewed in accordance with section including smoke constituents, by brand and ‘Advisory Committee’). 706(2)(A) of title 5, United States Code. sub-brand that the Secretary determines ‘‘(b) MEMBERSHIP.— ‘‘(c) FINALITY OF JUDGMENT.—The judg- should be tested to protect the public health. ‘‘(1) IN GENERAL.— ment of the court affirming or setting aside, The regulations may require that tobacco ‘‘(A) MEMBERS.—The Secretary shall ap- in whole or in part, any regulation or order product manufacturers, packagers, or im- point as members of the Tobacco Products shall be final, subject to review by the Su- porters make disclosures relating to the re- Scientific Advisory Committee individuals preme Court of the United States upon cer- sults of the testing of tar and nicotine who are technically qualified by training and

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experience in the medicine, medical ethics, ‘‘SEC. 919. DRUG PRODUCTS USED TO TREAT TO- ‘‘(4) ANNUAL LIMIT ON ASSESSMENT.—The science, or technology involving the manu- BACCO DEPENDENCE. total assessment under this section— facture, evaluation, or use of tobacco prod- ‘‘The Secretary shall— ‘‘(A) for fiscal year 2008 shall be $85,000,000; ucts, who are of appropriately diversified ‘‘(1) at the request of the applicant, con- ‘‘(B) for fiscal year 2009 shall be $175,000,000; professional backgrounds. The committee sider designating nicotine replacement prod- ‘‘(C) for fiscal year 2010 shall be $300,000,000; shall be composed of— ucts as fast track research and approval and ‘‘(i) 7 individuals who are physicians, den- products within the meaning of section 506; ‘‘(D) for each subsequent fiscal year, shall tists, scientists, or health care professionals ‘‘(2) consider approving the extended use of not exceed the limit on the assessment im- practicing in the area of oncology, nicotine replacement products (such as nico- posed during the previous fiscal year, as ad- pulmonology, cardiology, toxicology, phar- tine patches, nicotine gum, and nicotine loz- justed by the Secretary (after notice, pub- macology, addiction, or any other relevant enges) for the treatment of tobacco depend- lished in the Federal Register) to reflect the specialty; ence; and greater of— ‘‘(ii) 1 individual who is an officer or em- ‘‘(3) review and consider the evidence for ‘‘(i) the total percentage change that oc- ployee of a State or local government or of additional indications for nicotine replace- curred in the Consumer Price Index for all the Federal Government; ment products, such as for craving relief or urban consumers (all items; United States ‘‘(iii) 1 individual as a representative of the relapse prevention. city average) for the 12-month period ending general public; ‘‘SEC. 920. USER FEE. on June 30 preceding the fiscal year for which fees are being established; or ‘‘(iv) 1 individual as a representative of the ‘‘(a) ESTABLISHMENT OF QUARTERLY USER ‘‘(ii) the total percentage change for the interests in the tobacco manufacturing in- FEE.—The Secretary shall assess a quarterly dustry; and user fee with respect to every quarter of each previous fiscal year in basic pay under the General Schedule in accordance with section ‘‘(v) 1 individual as a representative of the fiscal year commencing fiscal year 2008, cal- 5332 of title 5, United States Code, as ad- interests of the tobacco growers. culated in accordance with this section, upon justed by any locality-based comparability ‘‘(B) NONVOTING MEMBERS.—The members each manufacturer and importer of tobacco payment pursuant to section 5304 of such of the committee appointed under clauses products subject to this chapter. title for Federal employees stationed in the (iv) and (v) of subparagraph (A) shall serve as ‘‘(b) FUNDING OF FDA REGULATION OF TO- District of Columbia. consultants to those described in clauses (i) BACCO PRODUCTS.—The Secretary shall make through (iii) of subparagraph (A) and shall be ‘‘(5) TIMING OF USER FEE ASSESSMENT.—The user fees collected pursuant to this section Secretary shall notify each manufacturer nonvoting representatives. available to pay, in each fiscal year, for the ‘‘(2) LIMITATION.—The Secretary may not and importer of tobacco products subject to costs of the activities of the Food and Drug this section of the amount of the quarterly appoint to the Advisory Committee any indi- Administration related to the regulation of vidual who is in the regular full-time employ assessment imposed on such manufacturer or tobacco products under this chapter. importer under subsection (f) during each of the Food and Drug Administration or any ‘‘(c) ASSESSMENT OF USER FEE.— agency responsible for the enforcement of quarter of each fiscal year. Such notifica- ‘‘(1) AMOUNT OF ASSESSMENT.—Except as tions shall occur not earlier than 3 months this Act. The Secretary may appoint Federal provided in paragraph (4), the total user fees officials as ex officio members. prior to the end of the quarter for which such assessed each year pursuant to this section assessment is made, and payments of all as- ‘‘(3) CHAIRPERSON.—The Secretary shall shall be sufficient, and shall not exceed what sessments shall be made not later than 60 designate 1 of the members of the Advisory is necessary, to pay for the costs of the ac- Committee to serve as chairperson. days after each such notification. tivities described in subsection (b) for each ‘‘(d) DETERMINATION OF USER FEE BY COM- ‘‘(c) DUTIES.—The Tobacco Products Sci- fiscal year. PANY MARKET SHARE.— entific Advisory Committee shall provide ad- ‘‘(2) ALLOCATION OF ASSESSMENT BY CLASS ‘‘(1) IN GENERAL.—The user fee to be paid vice, information, and recommendations to OF TOBACCO PRODUCTS.— by each manufacturer or importer of a given the Secretary— ‘‘(A) IN GENERAL.—Subject to paragraph class of tobacco products shall be determined ‘‘(1) as provided in this chapter; (3), the total user fees assessed each fiscal in each quarter by multiplying— ‘‘(2) on the effects of the alteration of the year with respect to each class of importers ‘‘(A) such manufacturer’s or importer’s nicotine yields from tobacco products; and manufacturers shall be equal to an market share of such class of tobacco prod- ‘‘(3) on whether there is a threshold level amount that is the applicable percentage of ucts; by below which nicotine yields do not produce the total costs of activities of the Food and ‘‘(B) the portion of the user fee amount for dependence on the tobacco product involved; Drug Administration described in subsection the current quarter to be assessed on manu- and (b). facturers and importers of such class of to- ‘‘(4) on its review of other safety, depend- ‘‘(B) APPLICABLE PERCENTAGE.—For pur- bacco products as determined under sub- ence, or health issues relating to tobacco poses of subparagraph (A), the applicable section (e). products as requested by the Secretary. percentage for a fiscal year shall be the fol- ‘‘(2) NO FEE IN EXCESS OF MARKET SHARE.— ‘‘(d) COMPENSATION; SUPPORT; FACA.— lowing: No manufacturer or importer of tobacco ‘‘(1) COMPENSATION AND TRAVEL.—Members ‘‘(i) 92.07 percent shall be assessed on man- products shall be required to pay a user fee of the Advisory Committee who are not offi- ufacturers and importers of cigarettes; in excess of the market share of such manu- cers or employees of the United States, while ‘‘(ii) 0.05 percent shall be assessed on man- facturer or importer. attending conferences or meetings of the ufacturers and importers of little cigars; ‘‘(e) DETERMINATION OF VOLUME OF DOMES- committee or otherwise engaged in its busi- ‘‘(iii) 7.15 percent shall be assessed on man- TIC SALES.— ness, shall be entitled to receive compensa- ufacturers and importers of cigars other ‘‘(1) IN GENERAL.—The calculation of gross tion at rates to be fixed by the Secretary, than little cigars; domestic volume of a class of tobacco prod- which may not exceed the daily equivalent of ‘‘(iv) 0.43 percent shall be assessed on man- uct by a manufacturer or importer, and by the rate in effect under the Senior Executive ufacturers and importers of snuff; all manufacturers and importers as a group, Schedule under section 5382 of title 5, United ‘‘(v) 0.10 percent shall be assessed on manu- shall be made by the Secretary using infor- States Code, for each day (including travel facturers and importers of chewing tobacco; mation provided by manufacturers and im- time) they are so engaged; and while so serv- ‘‘(vi) 0.06 percent shall be assessed on man- porters pursuant to subsection (f), as well as ing away from their homes or regular places ufacturers and importers of pipe tobacco; any other relevant information provided to of business each member may be allowed and or obtained by the Secretary. travel expenses, including per diem in lieu of ‘‘(vii) 0.14 percent shall be assessed on ‘‘(2) MEASUREMENT.—For purposes of the subsistence, as authorized by section 5703 of manufacturers and importers of roll-your- calculations under this subsection and the title 5, United States Code, for persons in the own tobacco. information provided under subsection (f) by Government service employed intermit- ‘‘(3) DISTRIBUTION OF FEE SHARES OF MANU- the Secretary, gross domestic volume shall tently. FACTURERS AND IMPORTERS EXEMPT FROM be measured by— ‘‘(2) ADMINISTRATIVE SUPPORT.—The Sec- USER FEE.—Where a class of tobacco products ‘‘(A) in the case of cigarettes, the number retary shall furnish the Advisory Committee is not subject to a user fee under this sec- of cigarettes sold; clerical and other assistance. tion, the portion of the user fee assigned to ‘‘(B) in the case of little cigars, the number ‘‘(3) NONAPPLICATION OF FACA.—Section 14 such class under paragraph (2) shall be allo- of little cigars sold; of the Federal Advisory Committee Act does cated by the Secretary on a pro rata basis ‘‘(C) in the case of large cigars, the number not apply to the Advisory Committee. among the classes of tobacco products that of cigars weighing more than 3 pounds per ‘‘(e) PROCEEDINGS OF ADVISORY PANELS AND are subject to a user fee under this section. thousand sold; and COMMITTEES.—The Advisory Committee shall Such pro rata allocation for each class of to- ‘‘(D) in the case of other classes of tobacco make and maintain a transcript of any pro- bacco products that is subject to a user fee products, in terms of number of pounds, or ceeding of the panel or committee. Each under this section shall be the quotient of— fraction thereof, of these products sold. such panel and committee shall delete from ‘‘(A) the percentage assigned to such class ‘‘(f) MEASUREMENT OF GROSS DOMESTIC any transcript made under this subsection under paragraph (2); divided by VOLUME.— information which is exempt from disclosure ‘‘(B) the sum of the percentages assigned ‘‘(1) IN GENERAL.—Each tobacco product under section 552(b) of title 5, United States to all classes of tobacco products subject to manufacturer and importer shall submit to Code. this section. the Secretary a certified copy of each of the

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2072 CONGRESSIONAL RECORD — SENATE February 15, 2007 returns or forms described by this paragraph (3) The preamble to the final rule in the render such tobacco product a counterfeit to- that are required to be filed with a Govern- document entitled ‘‘Regulations Restricting bacco product. ment agency on the same date that those re- the Sale and Distribution of Cigarettes and ‘‘(2) Making, selling, disposing of, or keep- turns or forms are required to be filed with Smokeless Tobacco to Protect Children and ing in possession, control, or custody, or con- such agency. The returns and forms de- Adolescents’’ (61 Fed. Reg. 44396–44615 (Au- cealing any punch, die, plate, stone, or other scribed by this paragraph are those returns gust 28, 1996)). item that is designed to print, imprint, or re- and forms related to the removal, as defined (4) The document entitled ‘‘Nicotine in produce the trademark, trade name, or other by section 5702(j) of the Internal Revenue Cigarettes and Smokeless Tobacco is a Drug identifying mark, imprint, or device of an- Code of 1986, of tobacco products into domes- and These Products are Nicotine Delivery other or any likeness of any of the foregoing tic commerce or the payment of the taxes Devices Under the Federal Food, Drug, and upon any tobacco product or container or la- imposed under chapter 52 of such Code. Cosmetic Act; Jurisdictional Determina- beling thereof so as to render such tobacco ‘‘(2) PENALTIES.—Any person that know- tion’’ (61 Fed. Reg. 44619–45318 (August 28, product a counterfeit tobacco product. ingly fails to provide information required 1996)). ‘‘(3) The doing of any act that causes a to- under this subsection or that provides false SEC. 103. CONFORMING AND OTHER AMEND- bacco product to be a counterfeit tobacco information under this subsection shall be MENTS TO GENERAL PROVISIONS. product, or the sale or dispensing, or the subject to the penalties described in section (a) AMENDMENT OF FEDERAL FOOD, DRUG, holding for sale or dispensing, of a counter- 1001 of title 18, United States Code. In addi- AND COSMETIC ACT.—Except as otherwise ex- feit tobacco product. tion, such person may be subject to a civil pressly provided, whenever in this section an ‘‘(mm) The charitable distribution of to- penalty in an amount not to exceed 2 percent amendment is expressed in terms of an bacco products. of the value of the kind of tobacco products amendment to, or repeal of, a section or ‘‘(nn) The failure of a manufacturer or dis- manufactured or imported by such person other provision, the reference is to a section tributor to notify the Attorney General of during the applicable quarter, as determined or other provision of the Federal Food, Drug, their knowledge of tobacco products used in by the Secretary. and Cosmetic Act (21 U.S.C. 301 et seq.). illicit trade.’’. ‘‘(h) EFFECTIVE DATE.—The user fees pre- (b) SECTION 301.—Section 301 (21 U.S.C. 331) scribed by this section shall be assessed in is amended— (c) SECTION 303.—Section 303 (21 U.S.C. fiscal year 2008, based on domestic sales of (1) in subsection (a), by inserting ‘‘tobacco 333(f)) is amended by redesignating the sub- tobacco products during fiscal year 2007 and product,’’ after ‘‘device,’’; section that follows subsection (e) as sub- shall be assessed in each fiscal year there- (2) in subsection (b), by inserting ‘‘tobacco section (f) and in subsection (f) (as so redes- after.’’. product,’’ after ‘‘device,’’; ignated)— SEC. 102. FINAL RULE. (3) in subsection (c), by inserting ‘‘tobacco (1) in paragraph (1)(A), by inserting ‘‘or to- (a) CIGARETTES AND SMOKELESS TOBACCO.— product,’’ after ‘‘device,’’; bacco products’’ after ‘‘devices’’; (1) IN GENERAL.—Not later than 30 days (4) in subsection (e) (as amended by sec- (2) in paragraph (2)(C), by striking ‘‘para- after the date of enactment of this Act, the tions 2(c) and 3(b) of the Dietary Supplement graph (3)(A)’’ and inserting ‘‘paragraph Secretary of Health and Human Services and Nonprescription Drug Consumer Protec- (4)(A)’’; shall publish in the Federal Register a final tion Act (Public Law 109–462; 120 Stat. 3472)), (3) by redesignating paragraphs (3), (4), and rule regarding cigarettes and smokeless to- by inserting ‘‘, or 909’’ before ‘‘or the refusal (5) as paragraphs (4), (5), and (6), and insert- bacco, which is hereby deemed to be in com- to permit access to’’; ing after paragraph (2) the following: pliance with the Administrative Procedures (5) in subsection (g), by inserting ‘‘tobacco ‘‘(3) If the Secretary finds that a person Act and other applicable law. product,’’ after ‘‘device,’’; has committed repeated violations of restric- (2) CONTENTS OF RULE.—Except as provided (6) in subsection (h), by inserting ‘‘tobacco tions promulgated under section 906(d) at a in this subsection, the final rule published product,’’ after ‘‘device,’’; particular retail outlet then the Secretary under paragraph (1), shall be identical in its (7) in subsection (j), by striking ‘‘708, or may impose a no-tobacco-sale order on that provisions to part 897 of the regulations pro- 721’’ and inserting ‘‘708, 721, 904, 905, 906, 907, person prohibiting the sale of tobacco prod- mulgated by the Secretary of Health and 908, 909, or section 921(b)’’; ucts in that outlet. A no-tobacco-sale order Human Services in the August 28, 1996, issue (8) in subsection (k), by inserting ‘‘tobacco may be imposed with a civil penalty under of the Federal Register (61 Fed. Reg., 44615– product,’’ after ‘‘device,’’; paragraph (1).’’; 44618). Such rule shall— (9) by striking subsection (p) and inserting (4) in paragraph (4) as so redesignated— (A) provide for the designation of jurisdic- the following: (A) in subparagraph (A)— tional authority that is in accordance with ‘‘(p) The failure to register in accordance (i) by striking ‘‘assessed’’ the first time it this subsection; with section 510 or 905, the failure to provide appears and inserting ‘‘assessed, or a no-to- (B) strike Subpart C—Labels and section any information required by section 510(j), bacco-sale order may be imposed,’’; and 897.32(c); and 510(k), 905(i), or 905(j), or the failure to pro- (ii) by striking ‘‘penalty’’ and inserting (C) become effective not later than 1 year vide a notice required by section 510(j)(2) or ‘‘penalty, or upon whom a no-tobacco-order after the date of enactment of this Act. 905(i)(2).’’; is to be imposed,’’; (3) AMENDMENTS TO RULE.—Prior to making (10) by striking subsection (q)(1) and in- (B) in subparagraph (B)— amendments to the rule published under serting the following: (i) by inserting after ‘‘penalty,’’ the fol- ‘‘(q)(1) The failure or refusal— paragraph (1), the Secretary shall promul- lowing: ‘‘or the period to be covered by a no- ‘‘(A) to comply with any requirement pre- gate a proposed rule in accordance with the tobacco-sale order,’’; and scribed under section 518, 520(g), 903(b), or Administrative Procedures Act. (ii) by adding at the end the following: ‘‘A 908; (4) RULE OF CONSTRUCTION.—Except as pro- no-tobacco-sale order permanently prohib- ‘‘(B) to furnish any notification or other vided in paragraph (3), nothing in this sec- iting an individual retail outlet from selling material or information required by or under tion shall be construed to limit the author- tobacco products shall include provisions section 519, 520(g), 904, 909, or section 921; or ity of the Secretary to amend, in accordance that allow the outlet, after a specified period ‘‘(C) to comply with a requirement under with the Administrative Procedures Act, the of time, to request that the Secretary com- section 522 or 913.’’; regulation promulgated pursuant to this sec- promise, modify, or terminate the order.’’; (11) in subsection (q)(2), by striking ‘‘de- tion. and vice,’’ and inserting ‘‘device or tobacco prod- (b) LIMITATION ON ADVISORY OPINIONS.—As (C) by adding at the end the following: uct,’’; of the date of enactment of this Act, the fol- ‘‘(D) The Secretary may compromise, mod- (12) in subsection (r), by inserting ‘‘or to- lowing documents issued by the Food and ify, or terminate, with or without condi- bacco product’’ after the term ‘‘device’’ each Drug Administration shall not constitute ad- tions, any no-tobacco-sale order.’’; time that such term appears; and visory opinions under section 10.85(d)(1) of (5) in paragraph (5) as so redesignated— (13) by adding at the end (as amended by title 21, Code of Federal Regulations, except (A) by striking ‘‘(3)(A)’’ as redesignated, as they apply to tobacco products, and shall section 4(a) of the Dietary Supplement and and inserting ‘‘(4)(A)’’; not be cited by the Secretary of Health and Nonprescription Drug Consumer Protection (B) by inserting ‘‘or the imposition of a no- Human Services or the Food and Drug Ad- Act (Public Law 109–462; 120 Stat. 3475)) the tobacco-sale order’’ after the term ‘‘penalty’’ ministration as binding precedent: following: the first 2 places such term appears; and (1) The preamble to the proposed rule in ‘‘(jj) The sale of tobacco products in viola- (C) by striking ‘‘issued.’’ and inserting the document entitled ‘‘Regulations Re- tion of a no-tobacco-sale order issued under ‘‘issued, or on which the no-tobacco-sale stricting the Sale and Distribution of Ciga- section 303(f). order was imposed, as the case may be.’’; and rettes and Smokeless Tobacco Products to ‘‘(kk) The introduction or delivery for in- (6) in paragraph (6), as so redesignated, by Protect Children and Adolescents’’ (60 Fed. troduction into interstate commerce of a to- striking the term ‘‘paragraph (4)’’ each place Reg. 41314–41372 (August 11, 1995)). bacco product in violation of section 911. such term appears and inserting ‘‘paragraph (2) The document entitled ‘‘Nicotine in ‘‘(ll)(1) Forging, counterfeiting, simu- (5)’’. Cigarettes and Smokeless Tobacco Products lating, or falsely representing, or without is a Drug and These Products Are Nicotine proper authority using any mark, stamp (in- (d) SECTION 304.—Section 304 (21 U.S.C. 334) Delivery Devices Under the Federal Food, cluding tax stamp), tag, label, or other iden- is amended— Drug, and Cosmetic Act’’ (60 Fed. Reg. 41453– tification device upon any tobacco product (1) in subsection (a)(2)— 41787 (August 11, 1995)). or container or labeling thereof so as to (A) by striking ‘‘and’’ before ‘‘(D)’’; and

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2007 CONGRESSIONAL RECORD — SENATE S2073 (B) by striking ‘‘device.’’ and inserting the (A) defining the term ‘‘repeated violation’’, the upper portion of the front and rear pan- following: ‘‘device, and (E) Any adulterated as used in section 303(f) of the Federal Food, els of the package, directly on the package or misbranded tobacco product.’’; Drug, and Cosmetic Act (21 U.S.C. 333(f)) as underneath the cellophane or other clear (2) in subsection (d)(1), by inserting ‘‘to- amended by subsection (c), by identifying wrapping. Except as provided in subpara- bacco product,’’ after ‘‘device,’’; the number of violations of particular re- graph (B), each label statement shall com- (3) in subsection (g)(1), by inserting ‘‘or to- quirements over a specified period of time at prise at least the top 30 percent of the front bacco product’’ after the term ‘‘device’’ each a particular retail outlet that constitute a and rear panels of the package. The word place such term appears; and repeated violation; ‘WARNING’ shall appear in capital letters (4) in subsection (g)(2)(A), by inserting ‘‘or (B) providing for timely and effective no- and all text shall be in conspicuous and leg- tobacco product’’ after the term ‘‘device’’ tice to the retailer of each alleged violation ible 17-point type, unless the text of the label each place such term appears. at a particular retail outlet; statement would occupy more than 70 per- (e) SECTION 702.—Section 702(a) (21 U.S.C. (C) providing for an expedited procedure cent of such area, in which case the text may 372(a)) is amended by adding at the end of for the administrative appeal of an alleged be in a smaller conspicuous and legible type paragraph (1) the following: ‘‘For a tobacco violation; size, provided that at least 60 percent of such product, to the extent feasible, the Secretary (D) providing that a person may not be area is occupied by required text. The text shall contract with the States in accordance charged with a violation at a particular re- shall be black on a white background, or with this paragraph to carry out inspections tail outlet unless the Secretary has provided white on a black background, in a manner of retailers within that State in connection notice to the retailer of all previous viola- that contrasts, by typography, layout, or with the enforcement of this Act.’’. tions at that outlet; color, with all other printed material on the (f) SECTION 703.—Section 703 (21 U.S.C. 373) (E) establishing a period of time during package, in an alternating fashion under the is amended— which, if there are no violations by a par- plan submitted under subsection (b)(4). (1) by inserting ‘‘tobacco product,’’ after ticular retail outlet, that outlet will not be ‘‘(B) HINGED LID BOXES.—For any cigarette the term ‘‘device,’’ each place such term ap- considered to have been the site of repeated brand package manufactured or distributed pears; and violations when the next violation occurs; before January 1, 2000, which employs a (2) by inserting ‘‘tobacco products,’’ after and hinged lid style (if such packaging was used the term ‘‘devices,’’ each place such term ap- (F) providing that good faith reliance on for that brand in commerce prior to June 21, pears. the presentation of a false government 1997), the label statement required by para- (g) SECTION 704.—Section 704 (21 U.S.C. 374) graph (1) shall be located on the hinged lid is amended— issued photographic identification that contains a date of birth does not constitute a area of the package, even if such area is less (1) in subsection (a)(1)(A), by inserting ‘‘to- than 25 percent of the area of the front bacco products,’’ after the term ‘‘devices,’’ violation of any minimum age requirement for the sale of tobacco products if the re- panel. Except as provided in this paragraph, each place such term appears; the provisions of this subsection shall apply (2) in subsection (a)(1)(B), by inserting ‘‘or tailer has taken effective steps to prevent such violations, including— to such packages. tobacco product’’ after the term ‘‘restricted ‘‘(3) DOES NOT APPLY TO FOREIGN DISTRIBU- devices’’ each place such term appears; and (i) adopting and enforcing a written policy against sales to minors; TION.—The provisions of this subsection do (3) in subsection (b), by inserting ‘‘tobacco not apply to a tobacco product manufacturer (ii) informing its employees of all applica- product,’’ after ‘‘device,’’. or distributor of cigarettes which does not ble laws; (h) SECTION 705.—Section 705(b) (21 U.S.C. manufacture, package, or import cigarettes (iii) establishing disciplinary sanctions for 375(b)) is amended by inserting ‘‘tobacco for sale or distribution within the United employee noncompliance; and products,’’ after ‘‘devices,’’. States. (i) SECTION 709.—Section 709 (21 U.S.C. 379) (iv) requiring its employees to verify age ‘‘(4) APPLICABILITY TO RETAILERS.—A re- by way of photographic identification or is amended by inserting ‘‘tobacco product,’’ tailer of cigarettes shall not be in violation electronic scanning device. after ‘‘device,’’. of this subsection for packaging that is sup- (j) SECTION 801.—Section 801 (21 U.S.C. 381) (2) GENERAL EFFECTIVE DATE.—The amend- plied to the retailer by a tobacco product is amended— ments made by subsection (c), other than the manufacturer, importer, or distributor and is (1) in subsection (a)— amendment made by paragraph (2) of such not altered by the retailer in a way that is (A) by inserting ‘‘tobacco products,’’ after subsection, shall take effect upon the material to the requirements of this sub- the term ‘‘devices,’’ the first time such term issuance of guidance described in paragraph section except that this paragraph shall not appears; (1). relieve a retailer of liability if the retailer (B) by inserting ‘‘or section 905(j)’’ after (3) SPECIAL EFFECTIVE DATE.—The amend- sells or distributes tobacco products that are ‘‘section 510’’; and ments made by paragraph (2) of subsection not labeled in accordance with this sub- (C) by striking the term ‘‘drugs or devices’’ (c) shall take effect on the date of enactment section. each time such term appears and inserting of this Act. ‘‘(b) ADVERTISING REQUIREMENTS.— ‘‘drugs, devices, or tobacco products’’; TITLE II—TOBACCO PRODUCT WARNINGS; ‘‘(1) IN GENERAL.—It shall be unlawful for (2) in subsection (e)(1), by inserting ‘‘to- CONSTITUENT AND SMOKE CON- any tobacco product manufacturer, im- bacco product,’’ after ‘‘device,’’; and STITUENT DISCLOSURE porter, distributor, or retailer of cigarettes (3) by adding at the end the following: SEC. 201. CIGARETTE LABEL AND ADVERTISING to advertise or cause to be advertised within ‘‘(p)(1) Not later than 2 years after the date WARNINGS. the United States any cigarette unless its of enactment of the Family Smoking Pre- Section 4 of the Federal Cigarette Labeling advertising bears, in accordance with the re- vention and Tobacco Control Act, and annu- and Advertising Act (15 U.S.C. 1333) is quirements of this section, one of the labels ally thereafter, the Secretary shall submit amended to read as follows: specified in subsection (a) of this section. to the Committee on Health, Education, ‘‘SEC. 4. LABELING. ‘‘(2) TYPOGRAPHY, ETC.—Each label state- Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the ‘‘(a) LABEL REQUIREMENTS.— ment required by subsection (a) of this sec- House of Representatives, a report regard- ‘‘(1) IN GENERAL.—It shall be unlawful for tion in cigarette advertising shall comply ing— any person to manufacture, package, sell, with the standards set forth in this para- ‘‘(A) the nature, extent, and destination of offer to sell, distribute, or import for sale or graph. For press and poster advertisements, United States tobacco product exports that distribution within the United States any each such statement and (where applicable) do not conform to tobacco product standards cigarettes the package of which fails to bear, any required statement relating to tar, nico- established pursuant to this Act; in accordance with the requirements of this tine, or other constituent (including a smoke ‘‘(B) the public health implications of such section, one of the following labels: constituent) yield shall comprise at least 20 exports, including any evidence of a negative ‘‘WARNING: Cigarettes are addictive’. percent of the area of the advertisement and public health impact; and ‘‘WARNING: Tobacco smoke can harm shall appear in a conspicuous and prominent ‘‘(C) recommendations or assessments of your children’. format and location at the top of each adver- policy alternatives available to Congress and ‘‘WARNING: Cigarettes cause fatal lung tisement within the trim area. The Sec- the Executive Branch to reduce any negative disease’. retary may revise the required type sizes in public health impact caused by such exports. ‘‘WARNING: Cigarettes cause cancer’. such area in such manner as the Secretary ‘‘(2) The Secretary is authorized to estab- ‘‘WARNING: Cigarettes cause strokes and determines appropriate. The word ‘WARN- lish appropriate information disclosure re- heart disease’. ING’ shall appear in capital letters, and each quirements to carry out this subsection.’’. ‘‘WARNING: Smoking during pregnancy label statement shall appear in conspicuous (k) SECTION 1003.—Section 1003(d)(2)(C) (as can harm your baby’. and legible type. The text of the label state- redesignated by section 101(b)) is amended— ‘‘WARNING: Smoking can kill you’. ment shall be black if the background is (1) by striking ‘‘and’’ after ‘‘cosmetics,’’; ‘‘WARNING: Tobacco smoke causes fatal white and white if the background is black, and lung disease in non-smokers’. under the plan submitted under paragraph (2) inserting ‘‘, and tobacco products’’ after ‘‘WARNING: Quitting smoking now greatly (4) of this subsection. The label statements ‘‘devices’’. reduces serious risks to your health’. shall be enclosed by a rectangular border (l) GUIDANCE AND EFFECTIVE DATES.— ‘‘(2) PLACEMENT; TYPOGRAPHY; ETC.— that is the same color as the letters of the (1) IN GENERAL.—The Secretary of Health ‘‘(A) IN GENERAL.—Each label statement re- statements and that is the width of the first and Human Services shall issue guidance— quired by paragraph (1) shall be located in downstroke of the capital ‘W’ of the word

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2074 CONGRESSIONAL RECORD — SENATE February 15, 2007 ‘WARNING’ in the label statements. The or directs the label statements required distributor, or retailer of smokeless tobacco text of such label statements shall be in a under this section except that this paragraph products concurrently into the distribution typeface pro rata to the following require- shall not relieve a retailer of liability if the chain of such products. ments: 45-point type for a whole-page retailer displays, in a location open to the ‘‘(4) The provisions of this subsection do broadsheet newspaper advertisement; 39- public, an advertisement that is not labeled not apply to a tobacco product manufacturer point type for a half-page broadsheet news- in accordance with the requirements of this or distributor of any smokeless tobacco paper advertisement; 39-point type for a subsection and subsection (b).’’. product that does not manufacture, package, whole-page tabloid newspaper advertise- SEC. 202. AUTHORITY TO REVISE CIGARETTE or import smokeless tobacco products for ment; 27-point type for a half-page tabloid WARNING LABEL STATEMENTS. sale or distribution within the United newspaper advertisement; 31.5-point type for Section 4 of the Federal Cigarette Labeling States. a double page spread magazine or whole-page and Advertising Act (15 U.S.C. 1333), as ‘‘(5) A retailer of smokeless tobacco prod- magazine advertisement; 22.5-point type for amended by section 201, is further amended ucts shall not be in violation of this sub- a 28 centimeter by 3 column advertisement; by adding at the end the following: section for packaging that is supplied to the and 15-point type for a 20 centimeter by 2 ‘‘(d) CHANGE IN REQUIRED STATEMENTS.— retailer by a tobacco products manufacturer, column advertisement. The label statements The Secretary may, by a rulemaking con- importer, or distributor and that is not al- shall be in English, except that in the case ducted under section 553 of title 5, United tered by the retailer unless the retailer of- of— States Code, adjust the format, type size, fers for sale, sells, or distributes a smokeless ‘‘(A) an advertisement that appears in a and text of any of the label requirements, re- tobacco product that is not labeled in ac- newspaper, magazine, periodical, or other quire color graphics to accompany the text, cordance with this subsection. publication that is not in English, the state- increase the required label area from 30 per- ‘‘(b) REQUIRED LABELS.— ments shall appear in the predominant lan- cent up to 50 percent of the front and rear ‘‘(1) It shall be unlawful for any tobacco guage of the publication; and panels of the package, or establish the for- product manufacturer, packager, importer, ‘‘(B) in the case of any other advertisement mat, type size, and text of any other disclo- distributor, or retailer of smokeless tobacco that is not in English, the statements shall sures required under the Federal Food, Drug, products to advertise or cause to be adver- appear in the same language as that prin- and Cosmetic Act, if the Secretary finds that tised within the United States any smoke- cipally used in the advertisement. such a change would promote greater public less tobacco product unless its advertising ‘‘(3) MATCHBOOKS.—Notwithstanding para- understanding of the risks associated with bears, in accordance with the requirements of this section, one of the labels specified in graph (2), for matchbooks (defined as con- the use of tobacco products.’’. taining not more than 20 matches) custom- subsection (a). SEC. 203. STATE REGULATION OF CIGARETTE AD- ‘‘(2) Each label statement required by sub- arily given away with the purchase of to- VERTISING AND PROMOTION. section (a) in smokeless tobacco advertising bacco products, each label statement re- Section 5 of the Federal Cigarette Labeling quired by subsection (a) may be printed on shall comply with the standards set forth in and Advertising Act (15 U.S.C. 1334) is the inside cover of the matchbook. this paragraph. For press and poster adver- amended by adding at the end the following: ‘‘(4) ADJUSTMENT BY SECRETARY.—The Sec- tisements, each such statement and (where ‘‘(c) EXCEPTION.—Notwithstanding sub- retary may, through a rulemaking under sec- applicable) any required statement relating section (b), a State or locality may enact tion 553 of title 5, United States Code, adjust to tar, nicotine, or other constituent yield statutes and promulgate regulations, based the format and type sizes for the label state- shall— on smoking and health, that take effect after ments required by this section or the text, ‘‘(A) comprise at least 20 percent of the the effective date of the Family Smoking format, and type sizes of any required tar, area of the advertisement, and the warning Prevention and Tobacco Control Act, impos- nicotine yield, or other constituent (includ- area shall be delineated by a dividing line of ing specific bans or restrictions on the time, ing smoke constituent) disclosures, or to es- contrasting color from the advertisement; place, and manner, but not content, of the tablish the text, format, and type sizes for and advertising or promotion of any cigarettes.’’. any other disclosures required under the ‘‘(B) the word ‘WARNING’ shall appear in Federal Food, Drug, and Cosmetic Act. The SEC. 204. SMOKELESS TOBACCO LABELS AND AD- capital letters and each label statement text of any such label statements or disclo- VERTISING WARNINGS. shall appear in conspicuous and legible type. sures shall be required to appear only within Section 3 of the Comprehensive Smokeless The text of the label statement shall be the 20 percent area of cigarette advertise- Tobacco Health Education Act of 1986 (15 black on a white background, or white on a ments provided by paragraph (2) of this sub- U.S.C. 4402) is amended to read as follows: black background, in an alternating fashion section. The Secretary shall promulgate reg- ‘‘SEC. 3. SMOKELESS TOBACCO WARNING. under the plan submitted under paragraph ulations which provide for adjustments in ‘‘(a) GENERAL RULE.— (3). the format and type sizes of any text re- ‘‘(1) It shall be unlawful for any person to ‘‘(3)(A) The label statements specified in quired to appear in such area to ensure that manufacture, package, sell, offer to sell, dis- subsection (a)(1) shall be randomly displayed the total text required to appear by law will tribute, or import for sale or distribution in each 12-month period, in as equal a num- fit within such area. within the United States any smokeless tober of times as is possible on each brand of ‘‘(c) MARKETING REQUIREMENTS.— bacco product unless the product package the product and be randomly distributed in ‘‘(1) RANDOM DISPLAY.—The label state- bears, in accordance with the requirements all areas of the United States in which the ments specified in subsection (a)(1) shall be of this Act, one of the following labels: product is marketed in accordance with a randomly displayed in each 12-month period, ‘‘WARNING: This product can cause mouth plan submitted by the tobacco product man- in as equal a number of times as is possible cancer’. ufacturer, importer, distributor, or retailer on each brand of the product and be ran- ‘‘WARNING: This product can cause gum and approved by the Secretary. domly distributed in all areas of the United disease and tooth loss’. ‘‘(B) The label statements specified in sub- States in which the product is marketed in ‘‘WARNING: This product is not a safe al- section (a)(1) shall be rotated quarterly in al- accordance with a plan submitted by the to- ternative to cigarettes’. ternating sequence in advertisements for bacco product manufacturer, importer, dis- ‘‘WARNING: Smokeless tobacco is addict- each brand of smokeless tobacco product in tributor, or retailer and approved by the Sec- ive’. accordance with a plan submitted by the to- retary. ‘‘(2) Each label statement required by para- bacco product manufacturer, importer, dis- ‘‘(2) ROTATION.—The label statements spec- graph (1) shall be— tributor, or retailer to, and approved by, the ified in subsection (a)(1) shall be rotated ‘‘(A) located on the 2 principal display pan- Secretary. quarterly in alternating sequence in adver- els of the package, and each label statement ‘‘(C) The Secretary shall review each plan tisements for each brand of cigarettes in ac- shall comprise at least 30 percent of each submitted under subparagraph (B) and ap- cordance with a plan submitted by the to- such display panel; and prove it if the plan— bacco product manufacturer, importer, dis- ‘‘(B) in 17-point conspicuous and legible ‘‘(i) will provide for the equal distribution tributor, or retailer to, and approved by, the type and in black text on a white back- and display on packaging and the rotation Secretary. ground, or white text on a black background, required in advertising under this sub- ‘‘(3) REVIEW.—The Secretary shall review in a manner that contrasts by typography, section; and each plan submitted under paragraph (2) and layout, or color, with all other printed mate- ‘‘(ii) assures that all of the labels required approve it if the plan— rial on the package, in an alternating fash- under this section will be displayed by the ‘‘(A) will provide for the equal distribution ion under the plan submitted under sub- tobacco product manufacturer, importer, and display on packaging and the rotation section (b)(3), except that if the text of a distributor, or retailer at the same time. required in advertising under this sub- label statement would occupy more than 70 ‘‘(D) This paragraph applies to a retailer section; and percent of the area specified by subparagraph only if that retailer is responsible for or di- ‘‘(B) assures that all of the labels required (A), such text may appear in a smaller type rects the label statements under this sec- under this section will be displayed by the size, so long as at least 60 percent of such tion, unless the retailer displays in a loca- tobacco product manufacturer, importer, warning area is occupied by the label state- tion open to the public, an advertisement distributor, or retailer at the same time. ment. that is not labeled in accordance with the re- ‘‘(4) APPLICABILITY TO RETAILERS.—This ‘‘(3) The label statements required by para- quirements of this subsection. subsection and subsection (b) apply to a re- graph (1) shall be introduced by each tobacco ‘‘(c) TELEVISION AND RADIO ADVERTISING.— tailer only if that retailer is responsible for product manufacturer, packager, importer, It is unlawful to advertise smokeless tobacco

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2007 CONGRESSIONAL RECORD — SENATE S2075 on any medium of electronic communica- ity if the retailer sells or distributes tobacco the manufacturer or distributor shall tions subject to the jurisdiction of the Fed- products that are not labeled in accordance promptly notify the Attorney General of eral Communications Commission.’’. with the requirements of subsection (a).’’. such knowledge. SEC. 205. AUTHORITY TO REVISE SMOKELESS TO- TITLE III—PREVENTION OF ILLICIT ‘‘(2) KNOWLEDGE DEFINED.—For purposes of BACCO PRODUCT WARNING LABEL TRADE IN TOBACCO PRODUCTS this subsection, the term ‘knowledge’ as ap- STATEMENTS. plied to a manufacturer or distributor Section 3 of the Comprehensive Smokeless SEC. 301. LABELING, RECORDKEEPING, RECORDS means— Tobacco Health Education Act of 1986 (15 INSPECTION. ‘‘(A) the actual knowledge that the manu- U.S.C. 4402), as amended by section 204, is Chapter IX of the Federal Food, Drug, and facturer or distributor had; or further amended by adding at the end the Cosmetic Act, as added by section 101, is fur- ‘‘(B) the knowledge which a reasonable per- following: ther amended by adding at the end the fol- son would have had under like circumstances ‘‘(d) AUTHORITY TO REVISE WARNING LABEL lowing: or which would have been obtained upon the STATEMENTS.—The Secretary may, by a rule- ‘‘SEC. 921. LABELING, RECORDKEEPING, exercise of due care.’’. making conducted under section 553 of title RECORDS INSPECTION. SEC. 302. STUDY AND REPORT. 5, United States Code, adjust the format, ‘‘(a) ORIGIN LABELING.—The label, pack- (a) STUDY.—The Comptroller General of type size, and text of any of the label re- aging, and shipping containers of tobacco the United States shall conduct a study of quirements, require color graphics to accom- products for introduction or delivery for in- cross-border trade in tobacco products to— pany the text, increase the required label troduction into interstate commerce in the (1) collect data on cross-border trade in to- area from 30 percent up to 50 percent of the United States shall bear the statement ‘sale bacco products, including illicit trade and front and rear panels of the package, or es- only allowed in the United States.’ trade of counterfeit tobacco products and tablish the format, type size, and text of any ‘‘(b) REGULATIONS CONCERNING RECORD- make recommendations on the monitoring of other disclosures required under the Federal KEEPING FOR TRACKING AND TRACING.— such trade; Food, Drug, and Cosmetic Act, if the Sec- ‘‘(1) IN GENERAL.—Not later than 9 months (2) collect data on cross-border advertising retary finds that such a change would pro- after the date of enactment of the Family (any advertising intended to be broadcast, mote greater public understanding of the Smoking Prevention and Tobacco Control transmitted, or distributed from the United risks associated with the use of smokeless Act, the Secretary shall promulgate regula- States to another country) of tobacco prod- tobacco products.’’. tions regarding the establishment and main- ucts and make recommendations on how to SEC. 206. TAR, NICOTINE, AND OTHER SMOKE prevent or eliminate, and what technologies CONSTITUENT DISCLOSURE TO THE tenance of records by any person who manu- PUBLIC. factures, processes, transports, distributes, could help facilitate the elimination of, Section 4 of the Federal Cigarette Labeling receives, packages, holds, exports, or imports cross-border advertising. (b) REPORT.—Not later than 18 months and Advertising Act (15 U.S.C. 1333), as tobacco products. after the date of enactment of this Act, the amended by sections 201 and 202, is further ‘‘(2) INSPECTION.—In promulgating the reg- Comptroller General of the United States amended by adding at the end the following: ulations described in paragraph (1), the Sec- shall submit to the Committee on Health, ‘‘(e) TAR, NICOTINE, AND OTHER SMOKE CON- retary shall consider which records are need- Education, Labor, and Pensions of the Sen- STITUENT DISCLOSURE.— ed for inspection to monitor the movement ate and the Committee on Energy and Com- ‘‘(1) IN GENERAL.—The Secretary shall, by a of tobacco products from the point of manu- rulemaking conducted under section 553 of facture through distribution to retail outlets merce of the House of Representatives a re- title 5, United States Code, determine (in the to assist in investigating potential illicit port on the study described in subsection (a). trade, smuggling or counterfeiting of to- Secretary’s sole discretion) whether ciga- By Mr. KENNEDY (for himself, rette and other tobacco product manufactur- bacco products. ers shall be required to include in the area of ‘‘(3) CODES.—The Secretary may require Mr. BOND, Mr. AKAKA, Mr. each cigarette advertisement specified by codes on the labels of tobacco products or LEAHY, Mr. MENENDEZ, Mr. subsection (b) of this section, or on the pack- other designs or devices for the purpose of CRAIG, and Mr. SHELBY): age label, or both, the tar and nicotine yields tracking or tracing the tobacco product S. 626 A bill to amend the Public of the advertised or packaged brand. Any through the distribution system. Health Service Act to provide for ar- such disclosure shall be in accordance with ‘‘(4) SIZE OF BUSINESS.—The Secretary shall thritis research and public health, and the methodology established under such reg- take into account the size of a business in for other purposes; to the Committee ulations, shall conform to the type size re- promulgating regulations under this section. on Health, Education, Labor, and Pen- quirements of subsection (b) of this section, ‘‘(5) RECORDKEEPING BY RETAILERS.—The Secretary shall not require any retailer to sions. and shall appear within the area specified in Mr. KENNEDY. Mr. President, it is a subsection (b) of this section. maintain records relating to individual pur- OND ‘‘(2) RESOLUTION OF DIFFERENCES.—Any dif- chasers of tobacco products for personal con- privilege to join Senator B in intro- ferences between the requirements estab- sumption. ducing ‘‘The Arthritis Prevention, Con- lished by the Secretary under paragraph (1) ‘‘(c) RECORDS INSPECTION.—If the Secretary trol and Cure Act.’’ and tar and nicotine yield reporting require- has a reasonable belief that a tobacco prod- Our goal in this important initiative ments established by the Federal Trade Com- uct is part of an illicit trade or smuggling or is to provide a strong federal response mission shall be resolved by a memorandum is a counterfeit product, each person who to arthritis. Early diagnosis, treat- of understanding between the Secretary and manufactures, processes, transports, distrib- ment, and appropriate management of the Federal Trade Commission. utes, receives, holds, packages, exports, or arthritis can control its symptoms, im- ‘‘(3) CIGARETTE AND OTHER TOBACCO PROD- imports tobacco products shall, at the re- prove the quality of life of patients, quest of an officer or employee duly des- UCT CONSTITUENTS.—In addition to the disclo- and Federal action will improve the sures required by paragraph (1), the Sec- ignated by the Secretary, permit such officer retary may, under a rulemaking conducted or employee, at reasonable times and within lives of the family members and care- under section 553 of title 5, United States reasonable limits and in a reasonable man- givers of those affected by the disease. Code, prescribe disclosure requirements re- ner, upon the presentation of appropriate Arthritis exits in more than a hun- garding the level of any cigarette or other credentials and a written notice to such per- dred different forms. It’s one of the tobacco product constituent including any son, to have access to and copy all records most devastating diseases impairing smoke constituent. Any such disclosure may (including financial records) relating to such the health of the American people. It’s be required if the Secretary determines that article that are needed to assist the Sec- second only to heart disease as a cause disclosure would be of benefit to the public retary in investigating potential illicit of work disability. It undermines ev- health, or otherwise would increase con- trade, smuggling or counterfeiting of to- eryday activities such as walking, sumer awareness of the health consequences bacco products. dressing and bathing for more than of the use of tobacco products, except that ‘‘(d) KNOWLEDGE OF ILLEGAL TRANS- no such prescribed disclosure shall be re- ACTION.— seven million Americans. quired on the face of any cigarette package ‘‘(1) NOTIFICATION.—If the manufacturer or One out of very five adults in the or advertisement. Nothing in this section distributor of a tobacco product has knowl- United States suffers from some form shall prohibit the Secretary from requiring edge which reasonably supports the conclu- of arthritis. The number of patients in such prescribed disclosure through a ciga- sion that a tobacco product manufactured or the U.S. with arthritis will keep grow- rette or other tobacco product package or distributed by such manufacturer or dis- ing as the number of older Americans advertisement insert, or by any other means tributor that has left the control of such per- continues to increase dramatically in under the Federal Food, Drug, and Cosmetic son may be or has been— the next few decades. Today, 8.7 mil- Act. ‘‘(A) imported, exported, distributed or of- lion adults, ages 18 through 44, have ar- ‘‘(4) RETAILERS.—This subsection applies to fered for sale in interstate commerce by a a retailer only if that retailer is responsible person without paying duties or taxes re- thritis and millions of others are at for or directs the label statements required quired by law; or risk of developing the disease. under this section, except that this sub- ‘‘(B) imported, exported, distributed or di- In fact, arthritis is one of the most section shall not relieve a retailer of liabil- verted for possible illicit marketing, prevalent chronic illnesses and the

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2076 CONGRESSIONAL RECORD — SENATE February 15, 2007 leading cause of disability among It will enhance the National Arthri- neglect during this significant period Americans over age 15. More than 40 tis Action Plan by providing additional can lead to perilous developmental out- percent of adults with arthritis are support to federal, state and private ef- comes, including school failure, delin- limited in their activities because of forts to prevent and manage arthritis. quency and crime, substance abuse, their arthritis. By 2030, nearly 25 per- It will establish a National Arthritis and mental health problems. cent of the projected United States Education and Outreach Campaign to Yet the current child welfare system adult population will have arthritis inform the health care profession and does a particularly poor job of serving and these numbers don’t account for the public about the most successful infants and toddlers. Once in foster the current trends in obesity, which self-management strategies for con- care, infants and toddlers are more may contribute to future cases of the trolling the illness. likely to be abused. And they stay in disease. With greater coordination and inten- foster care longer than older children. It is an illness that affects all types sification of federal research, this bill More than 40 percent of infants and of people in the U.S., not just older will organize a National Arthritis and toddlers involved in a maltreatment Americans. Arthritis knows no bound- Rheumatic Diseases Summit to look at investigation are developmentally de- aries. Men, women and children are all the challenges and opportunities re- layed, yet only 10 percent of these afflicted with the disease. According to lated to these efforts. young people currently receive treat- the Arthritis Foundation, 24 million In addition, the bill will provide ment for developmental problems. women and 17 million men have been greater attention to juvenile arthritis A Federal review of 19 States’ per- diagnosed with arthritis by their doc- research by offering planning grants formance on child welfare outcomes tors. Women are still disproportion- for research specific to juveniles and found that all of the States received ately affected by the disease. by prioritizing the activities that cre- failing grades on outcomes related to Nearly 3 out of every 1,000 American ate better understanding of the inci- providing adequate physical and men- children are affected by arthritis. The dence and outcomes associated with ju- tal health services. devastating effects of pediatric arthri- venile arthritis. Without intervention, we put our fu- tis justifies greater investment by the Finally the bill contains incentives ture generation at risk and perpetuate federal government in research and to to encourage health professionals to the cycle of maltreatment. But we can identify more effective treatments. enter the field of pediatric alter these developmental outcomes by Special concerns are raised by juve- rheumatology by education loan repay- ensuring that children are in safe, per- nile arthritis because of its impact on ment and career development awards. manent homes and have access to nec- family relationships, school life, dat- I urge my colleagues to support this essary mental and physical health ing, sports and other aspects active, public health initiative to reduce the care. The Safe Babies Act authorizes growing youths. Teens and young pain and disability of arthritis. Early funding for juvenile courts to create adults entering the workforce face even diagnosis, effective treatment and Court Teams for the integrated han- greater challenges. dling of infant and toddler abuse and Arthritis an other rheumatic diseases greater investment in research and pre- neglect cases. By bringing together the cost our economy $128 billion annually, vention can help us wage a stronger legal, child welfare, and children’s according to the Centers for Disease battle against one of the most wide- services communities, we can promote Control and Prevention. In 2003, the spread and devastating conditions af- the health and well-being of our babies cost was equivalent to 1.2 percent of fecting our Nation. and toddlers. the nation’s gross domestic product. By Mr. HARKIN (for himself, Mr. First, this bill establishes a National $80 million of that amount were direct SMITH, Mr. SPECTER, and Mr. Court Teams Resource Center. This Re- costs for medical care and $47 million MARTINEZ): source Center would provide grants and were indirect costs for lost earnings. S. 627. A bill to amend the Juvenile technical assistance to juvenile courts National medical costs attributed to Justice and Delinquency Prevention for the creation of local Court Teams arthritis grew by 24 percent between Act of 1974 to improve the health and to better handle infant and toddler 1997 and 2003, with an increase attrib- well-being of maltreated infants and abuse and neglect cases. Few judges uted to the growing number of people toddlers through the creation of a Na- have all the necessary knowledge about affected with the disease. tional Court Teams Resource Center, early childhood development and they In 1975, Congress enacted the Na- to assist local Court Teams, and for frequently lack resources in the com- tional Arthritis Act to encourage basic other purposes; to the Committee on munity for services necessary for and clinical research, establish Multi- the Judiciary. purpose Arthritis Centers and expand young children. They are often frus- Mr. HARKIN. Mr. President, I am clinical knowledge of the illness. The trated by the piecemeal provision of honored to join with the distinguished act was successful in implementing and services and the overburdened child senior Senator from Oregon, Senator continued funding of research and has welfare system. To adequately serve led to important advances in the con- SMITH, to introduce the Safe Babies children, they need the expertise of trol, treatment and prevention of the Act of 2007. child welfare workers, Guardians Ad illness. It is a tragic fact that America’s Litem, Court Appointed Special Advo- Early diagnosis, treatment and man- child welfare system is failing our most cates, substance abuse treatment pro- agement can control symptoms and im- vulnerable. From birth to age five, viders and mental health care pro- prove the quality of life. Weight con- children develop their social, emo- viders. Court Teams bring together trol and exercise can help lower risks. tional, cognitive and moral capacities this expertise. Through monthly case Patient education, training and self- more rapidly than at any other time in reviews, judges can coordinate efforts management also contribute to greater life. Early experiences and relation- by all members of the team to ensure control of these diseases. Innovative ships are absolutely critical to future efficient and effective provision of and increasingly effective drug thera- development; they set the stage for services. The goal of these courts is to pies, joint replacements, and other how well individuals learn, think, con- prevent multiple placements for in- therapeutic alternatives are being de- trol their emotions, and relate to oth- fants and toddlers in foster care, secure veloped. ers. needed services, and find a permanent Despite much research identifying ef- This critical period is a time of tre- home for these children as quickly as fective interventions, many of them mendous promise, but also a time of possible. are not being used well enough and the great vulnerability. Unfortunately, in- Court Teams work with families in inevitable result is unnecessary loss of fants and toddlers are disproportion- an effort to reunite children with their life, poorer health and poorer quality ately affected by child abuse and ne- parents. By bringing together multiple of life. glect. Children between birth and age service providers, they can facilitate Our legislation will expand the effort three are twice as likely as older chil- opportunities for parents to learn to to find new ways to prevent, treat and dren to become victims of maltreat- create a safe and nurturing home envi- care for patients with arthritis and re- ment, and are three times more likely ronment. Court Teams ensure support lated rheumatic diseases. to be placed in foster care. Abuse and for future reunification only when the

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2007 CONGRESSIONAL RECORD — SENATE S2077 parent is ready and able to step up to Mr. President, in our Nation millions By Mr. COLEMAN (for himself provide an appropriate and safe envi- of children are reported abused or ne- and Mr. BAYH): ronment. We know from research that glected each year. Of these, more than S. 628: A bill to provide grants for each visit between a child and birth 900,000 are confirmed maltreated by rural health information technology parent triples the likelihood of achiev- child protective service organizations development activities; to the Com- ing permanence. Through the Court and our court systems. Abuse and ne- mittee on Health, Education, Labor, Teams, judges are able to coordinate glect of children causes about 1,500 and Pensions. education and supervision so parents deaths each year. Children who are Mr. COLEMAN. Mr. President, I ask can visit their children and continue to under the age of four are at the great- unanimous consent that the text of the nurture a loving bond. est risk for injury or death—making up bill I introduced today, the Critical Ac- Although reunification with parents nearly 80 percent of child maltreat- cess to Health Information Technology is the ultimate goal, when that is not ment fatalities. We also know that Act of 2007, be printed in the RECORD. possible, Court Teams are also focusing shaken-baby syndrome, SBS, is a form There being no objection, the text of on Plan B. By conducting concurrent of abuse that affects more than 1,200 the bill was ordered to be printed in planning, Court Teams are more likely babies each year. the RECORD, as follows: to find an appropriate placement that Studies also tell us that younger S. 628 will lead to permanency and minimize children who are abused or neglected Be it enacted by the Senate and House of Rep- disruptions. By supporting training for are vulnerable to long-term challenges resentatives of the United States of America in foster parents and newly reunified bio- associated with their maltreatment. Congress assembled, logical parents, we can prevent chil- Their long-term outcomes show much SECTION 1. SHORT TITLE. dren from being bounced around in the higher rates for social, emotional and This Act may be cited as the ‘‘Critical Ac- foster care system. cognitive impairment. They also are cess to Health Information Technology Act of 2007’’. Court Teams are also able to coordi- more likely to adopt high risk behav- nate services for children. Judges and SEC. 2. HEALTH INFORMATION TECHNOLOGY iors and develop substance abuse and GRANT PROGRAM. child welfare services are able to col- mental health problems than their (a) IN GENERAL.—The Secretary of Health laborate to include necessary medical peers who have not been abused. and Human Services (referred to in this sec- and developmental interventions. By These numbers tell us very loudly tion as the ‘‘Secretary’’) shall establish and improving access to mental health and that there is a problem in America. implement a program to award grants to in- substance abuse treatment for parents Our most vulnerable and innocent are crease access to health care in rural areas by and children, Court Teams make sure improving health information technology, being abused and need our help. including the reporting, monitoring, and children are able to access needed serv- Children who come through our Na- ices and increase the chances of suc- evaluation required under this section. tion’s court systems need more sup- (b) STATE GRANTS.—The Secretary shall cessful, healthy development. port. While the hardworking judges, at- award grants to States to be used to carry Finally, Court Teams provide serv- torneys, child welfare workers and vol- out the State plan under subsection (e) ices and supports for families to pre- unteers do so much to help stop the through the awarding of subgrants to local serve and stabilize homes for children. child abuse and neglect they see every entities within the State. Amounts awarded Judges are able to use court oversight under such a grant may only be used in the day, they too often see families return- to ensure compliance, facilitate visits fiscal year in which the grant is awarded or ing to the courts generation after gen- with caregivers to promote positive at- in the immediately subsequent fiscal year. eration. They see their workloads ex- tachments, and make sure that chil- (c) AMOUNT OF GRANT.—From amounts ap- pand. They see too many families in propriated under subsection (k) for each fis- dren are in safe environments after strife. cal year, the Secretary shall award a grant placement. to each State that complies with subsection The Safe Babies Act will make an The Safe Babies Act will help these most vulnerable children. This bill puts (e) in an amount that is based on the total important impact in the way we treat number of critical access hospitals in the infants and toddlers in the court sys- into motion a proven model for helping State (as certified by the Secretary under tem. By facilitating involvement from infants and toddlers to recover from section 1817(e) of the Social Security Act) all parties, Court Teams are better their abuse, and for families to stop the bears to the total number of critical access equipped to ensure that young children cycle of abuse and reunite. This model hospitals in all States that comply with sub- have the community support and serv- is made up of a judicial and mental section (e). health partnership, or ‘‘court team,’’ (d) LEAD AGENCY.—A State that receives a ices they need. Early evaluation re- grant under this section shall designate a search in the Miami/Dade County court that provides the needed abuse and neglect prevention and early intervention lead agency to— project finds a high rate of permanency (1) administer, directly or through other for children in the court and increased services to children and their families. governmental or nongovernmental agencies, quality of parent-child interaction. By It is based on a model developed by the the financial assistance received under the finding permanent homes, children Honorable Cindy Lederman of the grant; were able to escape the limbo of the Miami-Dade Juvenile Court in Miami. (2) develop, in consultation with appro- foster care system. More importantly, Seeing the success she has had with priate representatives of units of general purpose local government and the hospital the court was successful in preventing this model. It has been replicated in courts across the nation. association of the State, the State plan; and any future recurrence of abuse or ne- (3) coordinate the expenditure of funds and glect. In my home State of Oregon, our provision of services under the grant with Together we can work to protect the Salem courts have developed the ‘‘Fos- other Federal and State health care pro- safety and well-being of our infants and ter Attachment’’ program based on grams. toddlers. With this legislation, we have Judge Lederman’s model. This program (e) STATE PLAN.—To be eligible for a grant the opportunity to ensure that children brings together the courts, local treat- under this section, a State shall establish a are placed quickly in safe and loving ment providers, and child welfare agen- State plan that shall— (1) identify the State’s lead agency; homes. I look forward to working with cies to provide substance abuse treatment and mental health treatment, as (2) provide that the State shall use the my colleagues to ensure that this legis- amounts provided to the State under the lation is passed and signed into law. well as parenting intervention to help grant program to address health information Mr. SMITH. Mr. President, I rise parents who have had their children re- technology improvements and to pay admin- today with my colleague from Iowa, moved due to methamphetamine use. istrative costs incurred in connection with Senator HARKIN, to introduce the Safe I look forward to the passage of this providing the assistance to local grant re- Babies Act of 2007. The safety and well- important legislation and to working cipients; being of our nation’s children, includ- with my colleague Senator HARKIN to (3) provide that benefits shall be available ing its most vulnerable infants and ensure its passage. There is no issue of throughout the entire State; and (4) require that the lead agency consult toddlers, is very important and I am greater importance than the safety and with the hospital association of such State confident that this bill will take an im- welfare of our next generation. I urge and rural hospitals located in such State on portant step forward in protecting my colleagues on both sides of the aisle the most appropriate ways to use the funds them. to support this important bill. received under the grant.

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(f) AWARDING OF LOCAL GRANTS.— (iii) purchasing or leasing communications lems, 10th revision, Clinical Modification (re- (1) IN GENERAL.—The lead agency of a State capabilities necessary for clinical data ac- ferred to in this section as ‘‘ICD–10–CM’’. shall use amounts received under a grant cess, storage, and exchange; (2) The International Statistical Classifica- under subsection (a) to award local grants on (iv) services associated with acquiring, im- tion of Diseases and Related Health Prob- a competitive basis. In determining whether plementing, operating, or optimizing the use lems, 10th revision, Clinical Modification a local entity is eligible to receive a grant of new or existing computer software and Coding System (referred to in this section as under this subsection, the lead agency shall hardware and clinical health care informa- ‘‘ICD–10–PCS’’). utilize the following selection criteria: tion systems; (b) IMPLEMENTATION.— (A) The extent to which the entity dem- (v) providing education and training to (1) IN GENERAL.—The Secretary of Health onstrates a need to improve its health infor- staff on information systems and technology and Human Services shall ensure that the mation reporting and health information designed to improve patient safety and qual- rule promulgated under subsection (a) is im- technology. ity of care; and plemented by not later than October 1, 2011. (B) The extent to which the entity will (vi) purchasing, leasing, subscribing, inte- In carrying out the preceding sentence, the serve a community with a significant low-in- grating, or servicing clinical decision sup- Secretary shall ensure that such rule ensure come or other medically underserved popu- port tools that integrate patient-specific that Accredited Standards Committee X12 lation. clinic data with well-established national HIPAA transactions version (v) 4010 is up- (2) APPLICATION AND APPROVAL.—To be eli- treatment guidelines, and provide ongoing graded to a newer version 5010, and that the gible to receive a local grant under this sub- continuous quality improvement functions National Council for Prescription Drug Pro- section, an entity shall be a government- that allow providers to assess improvement grams Telecommunications Standards owned or private nonprofit hospital (includ- rates over time and against averages for version 5.1 is updated to a newer version (to ing a non-Federal short-term general acute similar providers. be released by the named by the National care facility that is a critical access hospital (4) GRANT LIMIT.—The amount of a local Council for Prescription Drug Programs located outside a Metropolitan Statistical grant under this subsection shall not exceed Telecommunications Standards) that super- Area, in a rural census tract of a Metropoli- $250,000. sedes, in part, existing legislation and regu- tan Statistical Area as determined under the (g) REPORTING, MONITORING, AND EVALUA- lations under the Health Insurance Port- most recent version of the Goldsmith Modi- TION.—The lead agency of a State that re- ability and Accountability Act of 1996. fication or the Rural-Urban Commuting Area ceives a grant under this section shall annu- (2) AUTHORITY.—The Secretary of Health codes, as determined by the Office of Rural ally report to the Secretary— and Human Services shall have the authority Health Policy of the Health Resources and (1) the amounts received under the grant; to adopt, without notice and comment rule- Services Administration, or is located in an (2) the amounts allocated to State grant making, standards for electronic health care area designated by any law or regulation of recipients under the grant; transactions under section 1173 of the Social the State in which the hospital is located as (3) the breakdown of types of expenditures Security Act (42 U.S.C. 1320d–2) that are rec- a rural area (or is designated by such State made by the local grant recipients with such ommended to the Secretary by the Accred- as a rural hospital or organization)) that funds; and ited Standards Committee X12 of the Amer- submits an application to the lead agency of (4) such other information required by the ican National Standards Institute in relation the State that— Secretary to assist the Secretary in moni- to the replacement of ICD–9–CM with ICD– (A) includes a description of how the hos- toring the effectiveness of activities carried 10–CM and ICD–10–PCS. Such modifications pital intends to use the funds provided under out under this grant. shall be published in the Federal Register. (c) NOTICE OF INTENT.—Not later than 30 the grant; (h) REVIEW OF COMPLIANCE WITH STATE days after the date of enactment of this Act, (B) includes such information as the State PLAN.—The Secretary shall review and mon- the Secretary of Health and Human Services lead agency may require to apply the selec- itor State compliance with the requirements shall issue and publish in the Federal Reg- tion criteria described in paragraph (1); of this section and the State plan submitted ister a Notice of Intent that— (C) includes measurable objectives for the under subsection (e). If the Secretary, after (1) adoption of Accredited Standards Com- use of the funds provided under the grant; reasonable notice to a State and opportunity mittee X12 HIPAA transactions version (v) (D) includes a description of the manner in for a hearing, finds that there has been a 5010 shall occur not later than April 1, 2009, which the applicant will evaluate the effec- failure by the State to comply substantially and compliance with such rule shall apply to tiveness of the activities carried out under with any provision or requirement set forth the grant; transactions occurring on or after April 1, in the State plan or the requirements of this 2011; (E) contains an agreement to maintain section, the Secretary shall notify the lead such records, make such reports, and cooper- (2) adoption of the National Council for agency involved of such finding and that no Prescription Drug Programs Telecommuni- ate with such reviews or audits as the lead further payments to the State will be made agency and the Secretary may find necessary cations Standards version 5.1 with a new with respect to the grant until the Secretary version will occur not later than April 1, for purposes of oversight of program activi- is satisfied that the State is in compliance or ties and expenditures; 2009, and compliance with such rule shall that the noncompliance will be promptly apply to transactions occurring on or after (F) contains a plan for sustaining the ac- corrected. tivities after Federal support for the activi- April 1, 2011; (i) PREEMPTION OF CERTAIN LAWS.—The (3) adoption of ICD–10–CM and ICD–10–PCS ties has ended; and provisions of this section shall preempt ap- (G) contains such other information and will occur not later than October 1, 2008, and plicable Federal and State procurement laws compliance with such rules shall apply to assurances as the Secretary may require. with respect to health information tech- (3) USE OF AMOUNTS.— transactions occurring on or after October 1, nology purchased under this section. 2011; and (A) IN GENERAL.—An entity shall use (j) RELATION TO OTHER PROGRAMS.— (4) covered entities and health technology amounts received under a local grant under Amounts appropriated under this section vendors under the Health Insurance Pota- this section to— shall be in addition to appropriations for bility and Accountability Act of 1996 shall (i) offset the costs incurred by the entity Federal programs for Rural Hospital FLEX after December 31, 2007, that are related to begin the process of planning for and imple- grants, Rural Health Outreach grants, and menting the updating of the new versions clinical health care information systems and Small Rural Hospital Improvement Program health information technology designed to and editions referred to in this subsection. grants. (d) ASSURANCES OF CODE AVAILABILITY.— improve quality of health care and patient (k) AUTHORIZATION OF APPROPRIATIONS.— safety; and The Secretary of Health and Human Services There is authorized to be appropriated to shall take such action as may be necessary (ii) offset costs incurred by the entity after carry out this section, $10,000,000 for each of to ensure that procedure codes are promptly December 31, 2007, that are related to ena- fiscal years 2008 through 2010. available for assignment and use under ICD– bling health information technology to be SEC. 3. REPLACEMENT OF THE INTERNATIONAL 9–CM until such time as ICD–9–CM is re- used for the collection and use of clinically STATISTICAL CLASSIFICATION OF placed as a code set standard under section specific data, promoting the interoperability DISEASES. 1173(c) of the Social Security Act with ICD– of health care information across health care (a) IN GENERAL.—Not later than October 1, 10–PCS. settings, including reporting to Federal and 2008, the Secretary of Health and Human (e) DEADLINE.—Notwithstanding section State agencies, and facilitating clinic deci- Services shall promulgate a final rule con- 1172(f) of the Social Security Act (42 U.S.C. sion support through the use of health infor- cerning the replacement of the International 1320d–1(f)), the Secretary of Health and mation technology. Statistical Classification of Diseases, 9th re- Human Services shall adopt the modifica- (B) ELIGIBLE COSTS.—Costs that are eligible vision, Clinical Modification (referred to in tions provided for in this section without a to be offset under subparagraph (A) shall in- this section as the ‘‘ICD–9–CM’’), under the recommendation of the National Committee clude the cost of— regulation promulgated under section 1173(c) on Vital and Health Statistics unless such (i) purchasing, leasing, and installing com- of the Social Security Act (42 U.S.C. 1320d– recommendation is made to the Secretary on puter software and hardware, including 2(c)), including for purposes of part A of title or before a date specified by the Secretary as handheld computer technologies, and related XVIII, or part B where appropriate, of such consistent with the implementation of the services; Act, with the use of each of the following: replacement of ICD–9–CM with ICD–10–CM (ii) making improvements to existing com- (1) The International Statistical Classifica- and ICD-10-PCS for transactions occurring puter software and hardware; tion of Diseases and Related Health Prob- on or after October 1, 2011.

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(f) LIMITATION ON JUDICIAL REVIEW.—The (b) CONFORMING AMENDMENTS.—Section 306 the critical access hospital for such inpa- rule promulgated under subsection (a) shall of the Consolidated Farm and Rural Develop- tient, outpatient, and extended care services not be subject to judicial review. ment Act (7 U.S.C. 1926) (as amended by sub- or the rural health clinic for such rural (g) APPLICATION.—The rule promulgated section (a)(1)) is amended— health clinic services; or under subsection (a) shall apply to trans- (1) by striking ‘‘SEC. 306. (a)(1)(A) The Sec- ‘‘(B) if the critical access hospital or the actions occurring on or after October 1, 2011. retary is also authorized to’’ and inserting rural health clinic determines appropriate, (h) RULE OF CONSTRUCTION.—Nothing in the following: 103 percent of the applicable interim pay- this section shall be construed as effecting ‘‘SEC. 306. WATER, WASTE DISPOSAL, AND COM- ment rate established under part A or part B the application of classification methodolo- MUNITY FACILITY LOANS, LOAN with respect to the critical access hospital gies or codes, such as the Current Procedural GUARANTEES, AND GRANTS. for such inpatient, outpatient, and extended Terminology (CPT) as maintained and dis- ‘‘(a) AUTHORITY.— care services or the rural health clinic for tributed by the American Medical Associa- ‘‘(1) WATER, WASTE DISPOSAL, AND COMMU- such rural health clinic services.’’. tion and the Healthcare Common Procedure NITY FACILITIES.— (b) EFFECTIVE DATE.—The amendments Coding System (HCPCS) as maintained and ‘‘(A) IN GENERAL.—The Secretary may’’; made by this section shall apply to Medicare distributed by the Department of Health and (2) by striking ‘‘(B) The Secretary may Advantage contract years beginning on or Human Services, other than under the Inter- also’’ and inserting the following: after January 1, 2008. national Statistical Classification of Disease ‘‘(B) RURAL EMPOWERMENT ZONES AND and Related Health Problems. RURAL ENTERPRISE COMMUNITIES.—The Sec- By Mr. COLEMAN retary may’’; S. 631. A bill to amend title XVIII of By Mr. COLEMAN: (3) by striking ‘‘(C) The Secretary may the Social Security Act to provide for S. 629. A bill to amend the Consoli- also’’ and inserting the following: coverage of remote patient manage- dated Farm and Rural Development ‘‘(C) ELECTRIC BORROWERS.—The Secretary ment services for chronic health care Act to provide direct and guaranteed may’’; (4) by striking ‘‘(D) When any’’ and insert- conditions under the Medicare Pro- loans, loan guarantees, and grants to gram; to the Committee on Finance. complete the construction and reha- ing the following: ‘‘(D) GROSS INCOME.—If any’’; and Mr. COLEMAN. Mr. President, I ask bilitation of rural critical access hos- (5) by striking ‘‘(E) With respect’’ and in- unanimous consent that the text of the pitals; to the Committee on Agri- serting the following: bill I introduce today, the Remote culture, Nutrition, and Forestry. ‘‘(E) BOND COUNSEL.—With respect’’. Monitoring Access Act of 2007, be print- Mr. COLEMAN. Mr. President, I ask ed in the RECORD. unanimous consent that the text of the By Mr. COLEMAN (for himself, There being no objection, the text of bill I introduce today, to amend the Mr. DURBIN, and Mr. HARKIN): the bill was ordered to be printed in Consolidated Farm and Rural Develop- S. 630. A bill to amend part C of title the RECORD, as follows: XVIII of the Social Security Act to ment Act to provide direct and guaran- S. 631 teed loans, loan guarantees, and grants provide for a minimum payment rate Be it enacted by the Senate and House of Rep- to complete the construction and reha- by Medicare Advantage organizations resentatives of the United States of America in bilitation of critical access hospitals, for services furnished by a critical ac- Congress assembled, be printed in the RECORD. cess hospital and a rural health clinic SECTION 1. SHORT TITLE. There being no objection, the text of under the Medicare program; to the This Act may be cited as the ‘‘Remote the bill was ordered to be printed in Committee on Finance. Monitoring Access Act of 2007’’. the RECORD, as follows: Mr. COLEMAN. Mr. President, I ask SEC. 2. FINDINGS. S. 629 unanimous consent that the text of the Congress finds the following: Be it enacted by the Senate and House of Rep- bill I introduce today, the Rural Health (1) Remote patient monitoring can make resentatives of the United States of America in Services Preservation Act of 2007, be chronic disease management more effective Congress assembled, printed in the RECORD. and efficient for patients and the health care system. SECTION 1. LOANS, LOAN GUARANTEES, AND There being no objection, the bill the (2) By collecting, analyzing, and transmit- GRANTS FOR RURAL CRITICAL AC- of the was ordered to be printed in the CESS HOSPITAL RECONSTRUCTION ting clinical health information to a health AND REHABILITATION. RECORD, as follows: care practitioner, remote monitoring tech- (a) IN GENERAL.—Section 306(a) of the Con- S. 630 nologies allow patients and physicians to solidated Farm and Rural Development Act Be it enacted by the Senate and House of Rep- manage the patient’s condition in a con- (7 U.S.C. 1926(a)) is amended— resentatives of the United States of America in sistent and real-time fashion. (1) in paragraph (1)— Congress assembled, (3) Utilization of these technologies not (A) by designating the first through fifth SECTION 1. SHORT TITLE. only improves the quality of care given to sentences as subparagraphs (A) through (E), This Act may be cited as the ‘‘Rural patients, it also reduces the need for fre- respectively; and Health Services Preservation Act of 2007’’. quent physician office appointments, costly (B) by adding at the end the following: emergency room visits, and unnecessary hos- SEC. 2. MINIMUM PAYMENT RATE BY MEDICARE ‘‘(F) LOANS AND LOAN GUARANTEES FOR ADVANTAGE ORGANIZATIONS FOR pitalizations. RURAL CRITICAL ACCESS HOSPITAL RECON- SERVICES FURNISHED BY A CRIT- (4) Monitoring a patient’s disease from the STRUCTION AND REHABILITATION.—Notwith- ICAL ACCESS HOSPITAL AND A home reduces the need for face-to-face physi- standing any other provision of law, the Sec- RURAL HEALTH CLINIC. cian interactions, thereby minimizing un- retary shall use such sums as are necessary (a) IN GENERAL.—Section 1857(e) of the So- necessary travel and missed work and proof the funds of the Commodity Credit Cor- cial Security Act (42 U.S.C. 1395w–27(e)) is viding particular value to individuals resid- poration for the cost of making community amended by adding at the end the following: ing in rural or underserved communities who facility direct and guaranteed loans under ‘‘(4) MINIMUM PAYMENT RATE FOR SERVICES would otherwise face potentially significant this paragraph, in a total amount of not to FURNISHED BY A CRITICAL ACCESS HOSPITAL access barriers to receiving needed care. exceed an additional $1,600,000,000 for the pe- AND A RURAL HEALTH CLINIC.—A contract (5) Four major areas in which remote man- riod of fiscal years 2008 through 2012, to com- under this section between an MA organiza- agement technologies are emerging in health plete the construction and rehabilitation of tion and the Secretary for the offering of an care are the treatment of congestive heart critical access hospitals (as defined in sec- MA plan shall require the organization to failure, diabetes, cardiac arrhythmia, and tion 1861(mm) of the Social Security Act (42 provide for a payment rate under the plan sleep apnea (sleep disordered breathing). U.S.C. 1395x(mm))).’’; and for inpatient and outpatient critical access Prompt transmission of clinical data on each (2) in paragraph (19), by adding at the end hospital services and rural health clinic of these conditions, to the physician or the the following: services furnished to enrollees of the plan patient as appropriate, are essential to pro- ‘‘(D) GRANTS FOR RURAL CRITICAL ACCESS and for extended care services furnished by a viding timely and appropriate therapeutic HOSPITAL RECONSTRUCTION AND REHABILITA- critical access hospital under an agreement interventions which can then reduce expen- TION.—Notwithstanding any other provision entered into under section 1883 to such en- sive hospitalizations. of law, of the funds of the Commodity Credit rollees (whether or not the services are fur- (6) Despite these innovations, remote man- Corporation, the Secretary shall make avail- nished pursuant to an agreement between agement technologies have failed to diffuse able an additional $5,000,000 for the period of such organization and a critical access hos- rapidly. A significant barrier to wider adop- fiscal years 2008 through 2012 to make essen- pital or a rural health clinic) that is not less tion is the relative lack of payment mecha- tial community facility grants under this than— nisms in fee-for-service Medicare to reim- paragraph to complete the construction and ‘‘(A) the applicable payment rate estab- burse for remote, non-face-to-face manage- rehabilitation of critical access hospitals (as lished under part A or part B (which includes ment. defined in section 1861(mm) of the Social Se- the payment of an interim rate and a subse- (7) This Act will eliminate this barrier to curity Act (42 U.S.C. 1395x(mm))).’’. quent cost reconciliation) with respect to new technologies by requiring Medicare to

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MEDICARE CRITICAL ACCESS HOS- and Human Services to consult with physi- clause: PITAL DESIGNATION. cian groups to create a standard of care and ‘‘(vi) BUDGETARY TREATMENT OF CERTAIN Section 405(h) of the Medicare Prescription a quality standard for remote patient man- SERVICES.—The additional expenditures at- Drug, Improvement, and Modernization Act agement services for the covered chronic tributable to services described in section of 2003 (Public Law 108-173; 117 Stat. 2269) is conditions. 1861(s)(2)(BB) shall not be taken into account amended by adding at the end the following (9) This Act provides physicians with a fi- in applying clause (ii)(II) for 2008.’’; and new paragraph: nancial incentive to meet or exceed the (B) by adding at the end the following new ‘‘(3) EXCEPTION.— standard of care and quality standards. paragraph: ‘‘(A) IN GENERAL.—The amendment made SEC. 3. COVERAGE OF REMOTE PATIENT MAN- ‘‘(7) TREATMENT OF REMOTE PATIENT MAN- by paragraph (1) shall not apply to the cer- AGEMENT SERVICES FOR CHRONIC AGEMENT SERVICES.—In determining relative tification by the State of Minnesota on or HEALTH CARE CONDITIONS. value units for remote patient management after January 1, 2006, under section (a) IN GENERAL.—Section 1861(s)(2) of the services (as defined in section 1861(ccc)), the 1820(c)(2)(B)(i)(II) of the Social Security Act Social Security Act (42 U.S.C. 1395x(s)(2)) is Secretary, in consultation with appropriate (42 U.S.C. 1395i-4(c)(2)(B)(i)(II)) of one hos- amended— physician groups, shall take into consider- pital that meets the criteria described in (1) in subparagraph (Z), by striking ‘‘and’’ ation— subparagraph (B) and is located in Cass at the end; ‘‘(A) costs associated with such services, County, Minnesota, as a necessary provider (2) in subparagraph (AA), by inserting including physician time involved, installa- of health care services to residents in the ‘‘and’’ at the end; and tion and information transmittal costs, costs area of the hospital. (3) by inserting after subparagraph (AA) of remote patient management technology ‘‘(B) CRITERIA DESCRIBED.—A hospital the following new subparagraph: (including devices and software), and re- meets the criteria described in this subpara- ‘‘(BB) remote patient management services source costs necessary for patient moni- graph if the hospital— (as defined in subsection (ccc));’’. toring and follow-up (but not including costs ‘‘(i) has been granted an exception by the (b) SERVICES DESCRIBED.—Section 1861 of of any related item or non-physician service State to an otherwise applicable statutory the Social Security Act (42 U.S.C. 1395x) is otherwise reimbursed under this title); and restriction on hospital construction or li- amended by adding at the end the following ‘‘(B) the level of intensity of services pro- censing prior to the date of enactment of new subsection: vided, based on— this subparagraph; and ‘‘Remote Patient Management Services ‘‘(i) the frequency of evaluation necessary ‘‘(ii) is located on property which the State ‘‘(ccc)(1) The term ‘remote patient man- to manage the individual being furnished the has approved for conveyance to a county agement services’ means the remote moni- services; within the State prior to such date of enact- toring and management of an individual ‘‘(ii) the amount of time necessary for, and ment.’’. with a covered chronic health condition (as the complexity of the evaluation, including defined in paragraph (2)) through the utiliza- the information that must be obtained, re- By Mr. COLEMAN: tion of a system of technology that allows a viewed, and analyzed; and S. 633. A bill to provide assistance to remote interface to collect and transmit ‘‘(iii) the number of possible diagnoses and rural schools, hospitals, and commu- the number of management options that clinical data between the individual and the nities for the conduct of collaborative responsible physician or supplier for the pur- must be considered.’’; and (2) in subsection (j)(3), by inserting efforts to secure a progressive and in- poses of clinical review or response by the novative system to improve access to physician or supplier. ‘‘(2)(BB),’’ after ‘‘(2)(AA),’’. ‘‘(2) For purposes of paragraph (1), the (d) INCENTIVE PAYMENTS.—Section 1833 of mental health care for youth, seniors term ‘covered chronic health condition’ in- the Social Security Act (42 U.S.C. 1395l) is and families; to the Committee on cludes— amended by adding at the end the following Health, Education, Labor, and Pen- ‘‘(A) heart failure; new subsection: sions. ‘‘(B) diabetes; ‘‘(v) INCENTIVE FOR MEETING CERTAIN Mr. COLEMAN. Mr. President, I ask ‘‘(C) cardiac arrhythmia; STANDARDS OF CARE AND QUALITY STANDARDS unanimous consent that the text of the ‘‘(D) sleep apnea; and IN THE FURNISHING OF REMOTE PATIENT MAN- bill I introduce today, the Working To- ‘‘(E) any other chronic condition deter- AGEMENT SERVICES.—In the case of remote gether for Rural Access to Mental mined by the Secretary to be appropriate for patient management services (as defined in Health and Wellness for Children and treatment through remote patient manage- section 1861(ccc)) that are furnished by a ment services. physician who the Secretary determines Seniors Act, be printed in the RECORD. ‘‘(3)(A) The Secretary, in consultation with meets or exceeds the standards of care and There being no objection, the text of appropriate physician groups, shall develop quality standards developed by the Secretary the bill was ordered to be printed in guidelines on the frequency of billing for re- under paragraph (3)(B) of such section for the RECORD, as follows: mote patient management services. Such such services, in addition to the amount of S. 633 guidelines shall be determined based on med- payment that would otherwise be made for Be it enacted by the Senate and House of Rep- ical necessity and shall be sufficient to en- such services under this part, there shall resentatives of the United States of America in sure appropriate and timely monitoring of also be paid to the physician (or to an em- Congress assembled, individuals being furnished such services. ployer or facility in cases described in sub- SECTION 1. SHORT TITLE. ‘‘(B) The Secretary, acting through the clause (A) of section 1842(b)(6)) (on a monthly This Act may be cited as the ‘‘Working To- Agency for Health Care Research and Qual- or quarterly basis) from the Federal Supple- gether for Rural Access to Mental Health ity, shall do the following: mentary Medical Insurance Trust Fund an and Wellness for Children and Seniors Act’’. ‘‘(i) Not later than 1 year after the date of amount equal to 10 percent of the payment enactment of the Remote Monitoring Access amount for the service under this part.’’. SEC. 2. FINDINGS AND PURPOSE. Act of 2007, develop, in consultation with ap- (a) FINDINGS.—Congress makes the fol- (e) EFFECTIVE DATE.—The amendments propriate physician groups, a standard of lowing findings: made by this section shall apply to services care and quality standards for remote pa- (1) Providing adequate mental health care furnished on or after January 1, 2008. tient management services for the covered in rural communities is a national problem. chronic health conditions specified in sub- Mental health is an integral part of a per- paragraphs (A), (B), (C), and (D) of paragraph By Mr. COLEMAN (for himself son’s general health and well-being. In rural (2). and Ms. KLOBUCHAR): areas, where specialized mental health serv- ‘‘(ii) If the Secretary makes a determina- S. 632. A bill to provide for a hospital ices are scarce, accessing mental health pro- tion under paragraph (2)(E) with respect to a in Cass County, Minnesota; to the fessional services is difficult. Primary care is chronic condition, develop, in consultation Committee on Finance. often the only system for delivering mental with appropriate physician groups, a stand- health services. ard of care and quality standards for remote Mr. COLEMAN. Mr. President, I ask (2) Rural primary care providers are seeing patient management services for such condi- unanimous consent that the text of the an increase in mental health issues in their tion within 1 year of such determination. bill I introduce today, to provide for a clinics. ‘‘(iii) Periodically review and update such hospital in Cass County, Minnesota, be (3) The need is overwhelming with the Sur- standards of care and quality standards printed in the RECORD. geon General estimating 21 percent of chil- under this subparagraph as necessary.’’. dren experience the signs or symptoms of a (c) PAYMENT UNDER THE PHYSICIAN FEE There being no objection, the text of mental disorder. Left untreated, these prob- SCHEDULE.—Section 1848 of the Social Secu- the bill was ordered to be printed in lems lead to rampant school failure, drug rity Act (42 U.S.C. 1395w–4) is amended— the RECORD, as follows: abuse, and often incarceration.

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2007 CONGRESSIONAL RECORD — SENATE S2081 (4) The Department of Health and Human cational agencies and the rural mental Federal support for such activities and serv- Services indicates that 1 in 5 children and health providers and State hospital associa- ices has ended; and adolescents may have a diagnosable disorder, tions. (G) such other information and assurances yet 70 percent to 80 percent receive little or (d) STATE PLAN.—To be eligible to receive as the Secretary may require. no help. a grant under subsection (a), a State shall (5) USE OF FUNDS.—A recipient of a (5) Few schools have the resources to im- submit to the Secretary a State plan that subgrant under paragraph (1) shall use plement a full range of school mental health shall— amounts awarded under the grant to— interventions. Identifying sustainable and (1) identify the lead agency of the State; (A) in the case of mobile van health serv- flexible funding sources for these programs (2) contain assurances that the State shall ices, offset costs incurred after December 31, is extremely important. use the amounts provided to the State under 2007, that are related to operating a mobile (6) Health, and especially mental health, is the grant to address— van outreach program under which a hos- a fundamental cornerstone for ensuring that (A) in the case of mobile van services, the pital and one or more elementary or sec- all youth have an equal opportunity to suc- mental health needs of elementary school ondary schools provide mental health care ceed at school. and secondary school students; or services to students of such schools in the (7) Promoting and expanding telemental (B) in the case of telemental health serv- rural area, which may include the costs of— health collaborations to strengthen delivery ices, the mental health needs of individuals (i) purchasing or leasing a mobile van in of mental health services in remote and un- of all ages through telemental health serv- which mental health services are provided to derserved areas is needed. ices, and to pay administrative costs in- elementary school or secondary school stu- (8) Telemental health is an effective tool curred in connection with providing the as- dents; for diagnosing and treating some mental sistance to grant recipients; (ii) repairs and maintenance for such a mo- health conditions. For rural and remote (3) contain assurances that benefits and bile van; areas, telemental health offers patients ac- services under the grant shall be available (iii) purchasing or leasing communications cess and care. throughout the entire State; and capabilities reasonable and necessary to op- (b) PURPOSE.—It is the purpose of this Act (4) contain assurances that the lead agency erate the mobile van; to— shall consult with rural mental health pro- (iv) providing education and training to (1) provide assistance to rural schools, hos- viders and hospital associations that rep- staff on operating the mobile van program; pitals, and communities for the conduct of resent such providers in such State on the and collaborative efforts to secure a progressive most appropriate ways to use the funds re- (v) providing for additional mental health and innovative system to improve access to ceived under the grant. services professional staff that are employed mental health care for youth, seniors and to provide mental health services as part of (e) AWARDING OF SUBGRANTS.— families; the mobile van program; and (1) IN GENERAL.—The lead agency of the (2) increase access of elementary and sec- (B) in the case of telemental health serv- State shall use amounts received under a ondary school students to mental health ices, offset costs incurred after December 31, grant under subsection (a) to award sub- services in rural areas by operating a mobile 2007, that are related to providing telemental grants to eligible entities on a competitive health services van program in such areas; or health services to persons of all ages in the basis. (3) increase access of individuals of all ages rural area, which may include the cost of— (2) ELIGIBILITY.—To be eligible to receive a to mental health services in rural areas by (i) purchasing, leasing, repairing, main- subgrant under paragraph (1), a grant appli- providing telemental health services in such taining, or upgrading telemental health serv- cant shall be located in or serving a rural areas. ices equipment; area and be a government-owned or private SEC. 3. RURAL ACCESS TO MENTAL HEALTH (ii) operating telemental health services nonprofit hospital (or, in the case of a mobile SERVICES GRANT PROGRAM. equipment, including telecommunications, van services program, a governmental, trib- (a) STATE GRANTS.—The Secretary of utilities, and software costs; al, or private nonprofit school district or Health and Human Services (referred to in (iii) providing education and training to educational institution which provides ele- this section as the ‘‘Secretary’’) shall award staff concerning the provision of telemental mentary education or secondary education grants to States to enable such States to health services; and (kindergarten through grade 12) and that col- award subgrants to carry out the purposes of (iv) employing additional mental health laborates with such a hospital), a commu- this Act. services professional staff to provide tele- nity mental health center, a primary care (b) ELIGIBILITY AND AMOUNT.— mental health services. (1) ELIGIBILITY.—To be eligible for a grant clinic, or other nonprofit agency providing (6) LIMITS.—The amount awarded to an en- mental health services. under subsection (a), a State shall submit to tity as a subgrant under paragraph (1) for (3) SELECTION CRITERIA.—In establishing the Secretary an application at such time, in any fiscal year shall not exceed $300,000. procedures for the awarding of subgrants such manner, and containing such informa- (f) REPORTING, MONITORING, AND EVALUA- tion as the Secretary may require, including under paragraph (1), the lead agency of the TION.—The lead agency of each State that re- an assurance that the State will designate a State shall provide for the use of the fol- ceives a grant under subsection (a) shall sub- lead agency in accordance with subsection lowing selection criteria: mit a report to the Secretary that contains— (c) and submit a State plan in accordance (A) The extent to which a grant applicant (1) the amounts received under the grant; with subsection (d). demonstrates a need to improve the access of (2) the amounts allocated as subgrants (2) AMOUNT.—The Secretary shall award a mental health services within the commu- under subsection (e); grant to a State under this section in an nity served by such applicant. (3) the types of expenditures made by amount that is based on the respective num- (B) The extent to which a grant applicant subgrant recipients with such funds; and ber of critical access hospitals (as defined in will serve a rural community with a signifi- (4) such other information as may be re- section 1861 (mm)(1) of the Social Security cant low-income or other population that is quired by the Secretary to assist the Sec- Act (42 U.S.C. 1395x(mm)(1)) in the State as underserved with respect to the provision of retary in monitoring the effectiveness of this such compares to the total number of crit- mental health services. section. ical access hospitals in all States that are (4) APPLICATION AND APPROVAL.—To be eli- (g) REVIEW OF COMPLIANCE WITH STATE awarded grants under this section. gible to receive a subgrant under paragraph PLAN.— (c) STATE LEAD AGENCY.— (1), an entity shall submit an application to (1) IN GENERAL.—The Secretary shall re- (1) IN GENERAL.—To be eligible to receive a the lead agency of the State that includes— view and monitor State compliance with the grant under this section, the governor of a (A) a description of the manner in which requirements of this section and the State State shall select a lead agency within the the entity intends to use amounts provided plan submitted under subsection (d). State to administer the State programs under the subgrant; (2) FAILURE TO COMPLY.—If the Secretary, under the grant. If the governor of the State (B) such information as the lead agency after reasonable notice to a State and oppor- selects a lead agency other than the State may require to apply the selection criteria tunity for a hearing, determines that there Office of Rural Health, the governor shall en- under paragraph (3); has been a failure by the State to comply sure the involvement of the State Office of (C) measurable objectives for the use of substantially with any provision or require- Rural Health in the development and admin- funds provided under the subgrant; ment set forth in the State plan or a require- istration of the State program under this (D) a description of the manner in which ment of this section, the Secretary shall no- section. the applicant will evaluate the effectiveness tify the lead agency of the State of such de- (2) DUTIES.—The lead agency of a State of the program carried out under the termination and that no further payments to shall— subgrant; the State will be made with respect to the (A) administer, directly or through other (E) an agreement to maintain such records, State grant until the Secretary is satisfied governmental or nongovernmental agencies, make such reports, and cooperate with such that there is no longer any failure to comply amounts received under a grant under sub- reviews or audits as the lead agency and the or that the noncompliance will be promptly section (a); and Secretary may find necessary for purposes of corrected. (B) develop the State plan under sub- oversight of program activities and expendi- (h) INTERACTION OF FEDERAL AND STATE section (d) and coordinate the expenditure of tures; LAW.—Federal and State procurement laws funds in consultation with appropriate rep- (F) a plan for sustaining activities and shall be preempted to the extent necessary resentatives of the State and local edu- services funded under the subgrant after to carry out this section.

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2082 CONGRESSIONAL RECORD — SENATE February 15, 2007 (i) DEFINITIONS.—In this section: Frighteningly, the disorders that to access these resources, states will be (1) HOSPITAL.—The term ‘‘hospital’’ means newborn screening tests for can come required to commit to screening for all a non-Federal short-term general acute care without warning. For most of these 29 disorders. facility located in or serving a rural area. disorders, there is no medical history (2) MOBILE VAN.—The term ‘‘mobile van’’ Our legislation will also authorize $15 means a mobile wellness center the purpose of the condition in the family and no million for two types of grants. The of which is to improve access to, and focuses way to predict the health of a baby first seeks to address the lack of infor- on, early intervention of mental health, and based on the health of the parents. Al- mation available to health care profes- that provides consultation, education, com- though the disorders that are tested for sionals and parents about newborn prehensive interdisciplinary education, and are quite rare, there is a chance that screening. Every parent should have collaborative treatment planning services. any one newborn will be affected. In the knowledge necessary to protect (3) RURAL AREA.—The term ‘‘rural area’’, that sense, this is an issue that has a their child. The tragedy of a newborn’s with respect to the location of an eligible ap- direct impact on the lives of all fami- plicant, or with respect to the location of death is only compounded by the frus- mental health services, means that the enti- lies. tration of learning that the death was ty or services— Fortunately, some screening has be- preventable. This bill authorizes grants (A) is located in a rural census tract of a come common practice in every state. to provide education and training to metropolitan statistical area, as determined Each year, over four million infants health care professionals, state labora- under the most recent version of the Gold- have blood taken from their heel after tory personnel, families and consumer smith Modification, the Rural-Urban Com- birth to detect these disorders that advocates. muting Area codes, as determined by the Of- could threaten their life and long-term fice of Rural Health Policy of the Health Re- The second type of grant will support health. As a result, about one in 4,000 States in providing follow-up care for sources and Services Administration; or babies is diagnosed with one of these (B) is located in an area designated by any those children diagnosed by a disorder law or regulation of such State as a rural disorders. That means that newborn detected through newborn screening. area (or, in the case of a hospital, is des- screening could protect the health or While these families are the fortunate ignated by such State as a rural hospital). save the life of approximately 1,000 ones, in many cases they are still faced (4) TELEMENTAL HEALTH SERVICES.—The newborns each year. That is 1,000 trag- with the prospect of extended and com- term ‘‘telemental health services’’ means edies that can be averted families that plex treatment and major lifestyle mental health services that are provided can know the joy of a new infant rath- through the use of videoconferencing or changes. We need to remember that er than absolute heartbreak. care does not stop at diagnosis. similar means of electronic communications In 2004, the American College of Med- and information technology. To ensure the quality of laboratories ical Genetics (ACMG) completed a re- (5) TELEMENTAL HEALTH SERVICES EQUIP- involved in newborn screening, so that port commissioned by the U.S. Depart- MENT.—The term ‘‘telemental health services tests are as accurate as possible and in- ment of Health and Human Services equipment’’ includes telecommunications fants receive appropriate care, the leg- which recommended that every baby and peripheral equipment used to provide pa- islation authorizes $5 million for the tient evaluations, case management, medica- born in the U.S. be screened for twen- Centers for Disease Control and Pre- tion management, crisis response, pre-admis- ty-nine disorders, including certain vention, CDC, to carry out a number of sion and pre-discharge planning, treatment metabolic conditions and hearing defi- functions such as quality assurance for planning, individual and group therapy, fam- ciency. Unfortunately, as of February ily therapy, mental status evaluations, case newborn screening tests, performance 2007, only 11 States and the District of conferences, family visits, staff training, and evaluation services, and technical as- Columbia require infants to be administrative activities relating to the sistance and technology transfer to screened for all twenty-nine of these mental health services. newborn screening labs. (j) AUTHORIZATION OF APPROPRIATIONS.— recommended disorders. If diagnosed In the event of a public health emer- There are authorized to be appropriated to early, all of these conditions can be gency, such as Hurricane Katrina, new- carry out this section, $10,000,000 for each of successfully managed or treated to pre- born screening may seem like a low fiscal years 2008 through 2010. vent or mitigate severe and often life- priority. However, if babies aren’t test- By Mr. DODD (for himself and long health problems. For every baby saved, another two ed and, when necessary, treated within Mr. HATCH): the first few days of life, they may suf- S. 634. A bill to amend the Public are estimated to be born with potentially detectable disorders that go un- fer irreparable harm or even death. In Health Service Act to establish grant the wake of a public health crisis, con- programs to provide for education and detected because they are not screened. These infants and their families face tingency planning for newborn screen- outreach on newborn screening and co- ing is essential. Our legislation re- ordinated followup care once newborn the prospect of disability or death from a preventable disorder. The survival of quires the CDC, in consultation with screening has been conducted, to reau- the Health Resources and Services Ad- thorize programs under part A of title a newborn may very well come down to the state in which it is born, because ministration, HRSA, to develop a na- XI of such Act, and for other purposes; tional contingency plan for newborn to the Committee on Health, Edu- not all states test for every detectable disorder. screening in the event of a public cation, Labor, and Pensions. health emergency within 180 days of Mr. DODD. Mr. President, I am The Government Accountability Of- enactment of the bill. pleased today to join with my col- fice, GAO, released a report in 2003 Finally, the bill directs the CDC, in league Senator HATCH to introduce leg- highlighting the need for this legisla- islation to protect the most vulnerable tion. According to the report, most consultation with HRSA, to establish a members of our society: newborn in- states do not educate parents and national surveillance program for new- fants. Many people know the joy of health care providers about the avail- born screening, and authorizes $15 mil- parenthood. These parents know the ability of tests beyond what is man- lion for that purpose. Such a program sense of worry about whether their dated by a State. States also reported will help us conduct research to better kids are doing well, are feeling well, that they do not have the resources to understand these rare disorders, and and are safe. Nothing is of greater im- purchase the technology and train the will hopefully lead us toward more ef- portance than the health and well- staff needed to expand newborn screen- fective treatments and cures. being of our children. ing programs. Finally, even when I urge my colleagues to support this Thanks to incredible advances in States do detect an abnormal screening important legislation so that every medical technology, it is now possible result, the majority do not inform par- newborn child will have the best pos- to test newborns for more than 50 ge- ents directly. sible opportunity that America can netic and metabolic disorders. Many of The legislation that we are intro- offer to live a long, healthy and happy these disorders, if undetected, would ducing today will give states an addi- life. I look forward to working with the lead to severe disability or death. How- tional helping hand toward meeting Chairman of the Health, Education, ever, babies that are properly diag- the advisory’s committee’s rec- Labor and Pensions (HELP) Com- nosed and treated can, in many cases, ommendation by providing $25 million mittee, Senator KENNEDY, and Ranking go on to live healthy lives. So newborn for states to expand and improve their Member Enzi to advance this legisla- screening can literally save lives. newborn screening programs. In order tion as early as possible.

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00100 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2007 CONGRESSIONAL RECORD — SENATE S2083 I ask unanimous consent that the mittee, shall award grants to eligible enti- congenital conditions, including the preva- text of the bill be printed in the ties to enable such entities to develop and lence and risk of some of these conditions RECORD. deliver educational programs about newborn based on family history; There being no objection, the text of screening to parents, families, and patient ‘‘(D) models to communicate effectively advocacy and support groups. The edu- with parents and families about— the bill was ordered to be printed in cational materials accompanying such edu- ‘‘(i) the process and benefits of newborn the RECORD, as follows: cational programs shall be provided at ap- screening; S. 634 propriate literacy levels. ‘‘(ii) how to use information gathered from Be it enacted by the Senate and House of Rep- ‘‘(B) AWARENESS OF THE AVAILABILITY OF newborn screening; resentatives of the United States of America in PROGRAMS.—To the extent practicable, the ‘‘(iii) the meaning of screening results, in- Congress assembled, Secretary shall make relevant health care cluding the possibility of false positive find- SECTION 1. SHORT TITLE. providers aware of the availability of the ings; This Act may be cited as the ‘‘Newborn educational programs supported pursuant to ‘‘(iv) the right of refusal of newborn Screening Saves Lives Act of 2007’’. subparagraph (A). screening, if applicable; and SEC. 2. FINDINGS. ‘‘(3) GRANTS FOR QUALITY NEWBORN SCREEN- ‘‘(v) the potential need for followup care Congress finds the following: ING FOLLOWUP.—From funds appropriated after newborns are screened; (1) Each year more than 4,000,000 babies under subsection (h), the Secretary, acting ‘‘(E) information and resources on coordi- born in the United States are screened by through the Associate Administrator and in nated systems of followup care after State and private laboratories to detect consultation with the Advisory Committee, newborns are screened; some conditions that may threaten their shall award grants to eligible entities to en- ‘‘(F) information on the disorders for long-term health. able such entities to establish, maintain, and which States require and offer newborn (2) However, there is a lack of uniformity operate a system to assess and coordinate screening and options for newborn screening relating to conditions in addition to such in the number of conditions for which treatment relating to congenital, genetic, disorders; newborns are screened throughout the and metabolic disorders. ‘‘(G) information on additional newborn United States. While a newborn may be ‘‘(b) APPLICATION.—An eligible entity that desires to receive a grant under this section screening that may not be required by the screened and treated for a debilitating condi- shall submit an application to the Secretary State, but that may be available from other tion in one State, in another State, the con- at such time, in such manner, and accom- sources; and dition may go undetected and result in per- panied by such information as the Secretary ‘‘(H) other items to carry out the purpose manent disability or even death. may require. described in subsection (a)(1) as determined (3) Approximately 4,000 infants born each ‘‘(c) SELECTION OF GRANT RECIPIENTS.— appropriate by the Secretary. year are diagnosed with these detectable and ‘‘(1) IN GENERAL.—Not later than 120 days ‘‘(2) GRANTS TO ASSIST FAMILIES.—An eligi- treatable disorders. If diagnosed early, these after receiving an application under sub- ble entity that receives a grant under sub- conditions can be successfully managed or section (b), the Secretary, after considering section (a)(2) may use the grant funds to de- treated to prevent severe and often lifelong the approval factors under paragraph (2), velop and deliver to parents, families, and health consequences. shall determine whether to award the eligi- patient advocacy and support groups, edu- (4) In 2004, the American College of Medical ble entity a grant under this section. cational programs about newborn screening Genetics (ACMG) completed a report com- ‘‘(2) APPROVAL FACTORS.— that include information on— missioned by the Department of Health and ‘‘(A) REQUIREMENTS FOR APPROVAL.—An ap- ‘‘(A) what newborn screening is; Human Services which recommended that plication submitted under subsection (b) ‘‘(B) how newborn screening is performed; every baby born in the United States be may not be approved by the Secretary unless ‘‘(C) who performs newborn screening; screened for 29 specific disorders, including the application contains assurances that the ‘‘(D) where newborn screening is per- certain metabolic conditions and hearing de- eligible entity— formed; ficiencies. ‘‘(i) will use grant funds only for the pur- ‘‘(E) the disorders for which the State re- (5) Currently only 11 States and the Dis- poses specified in the approved application quires newborns to be screened; trict of Columbia require infants to be and in accordance with the requirements of ‘‘(F) different options for newborn screen- screened for all 29 of these recommended dis- this section; and ing for disorders other than those included orders. ‘‘(ii) will establish such fiscal control and by the State in the mandated newborn (6) Continuity, especially during a public fund accounting procedures as may be nec- screening program; health emergency, plays a critical role in the essary to assure proper disbursement and ac- ‘‘(G) the meaning of various screening re- screening, diagnosis, referral, and treatment counting of Federal funds paid to the eligible sults, including the possibility of false posi- of these disorders. Currently there is no na- entity under the grant. tive and false negative findings; tional contingency plan for maintaining con- ‘‘(B) EXISTING PROGRAMS.—Prior to award- ‘‘(H) the prevalence and risk of newborn tinuity of newborn screening systems fol- ing a grant under this section, the Secretary disorders, including the increased risk of dis- lowing a public health emergency. shall— orders that may stem from family history; SEC. 3. AMENDMENT TO TITLE III OF THE PUBLIC ‘‘(i) conduct an assessment of existing edu- ‘‘(I) coordinated systems of followup care HEALTH SERVICE ACT. cational resources and training programs after newborns are screened; and Part Q of title III of the Public Health and coordinated systems of followup care ‘‘(J) other items to carry out the purpose Service Act (42 U.S.C. 280h et seq.) is amend- with respect to newborn screening; and described in subsection (a)(2) as determined ed by adding at the end the following: ‘‘(ii) take all necessary steps to minimize appropriate by the Secretary. ‘‘SEC. 399AA. NEWBORN SCREENING. the duplication of the resources and pro- ‘‘(3) GRANTS FOR QUALITY NEWBORN SCREEN- ‘‘(a) AUTHORIZATION OF GRANT PROGRAMS.— grams described in clause (i). ING FOLLOWUP.—An eligible entity that re- ‘‘(1) GRANTS TO ASSIST HEALTH CARE PRO- ‘‘(d) COORDINATION.—The Secretary shall ceives a grant under subsection (a)(3) shall FESSIONALS.—From funds appropriated under take all necessary steps to coordinate pro- use the grant funds to— subsection (h), the Secretary, acting through grams funded with grants received under this ‘‘(A) expand on existing procedures and the Associate Administrator of the Maternal section. systems, where appropriate and available, and Child Health Bureau of the Health Re- ‘‘(e) USE OF GRANT FUNDS.— for the timely reporting of newborn screen- sources and Services Administration (re- ‘‘(1) GRANTS TO ASSIST HEALTH CARE PRO- ing results to individuals, families, primary ferred to in this section as the ‘Associate Ad- FESSIONALS.—An eligible entity that receives care physicians, and subspecialists in con- ministrator’) and in consultation with the a grant under subsection (a)(1) may use the genital, genetic, and metabolic disorders; Advisory Committee on Heritable Disorders grant funds to work with appropriate med- ‘‘(B) coordinate ongoing followup treat- in Newborns and Children (referred to in this ical schools, nursing schools, schools of pub- ment with individuals, families, primary section as the ‘Advisory Committee’), shall lic health, schools of genetic counseling, in- care physicians, and subspecialists in con- award grants to eligible entities to enable ternal education programs in State agencies, genital, genetic, and metabolic disorders such entities to assist in providing health nongovernmental organizations, and profes- after a newborn receives an indication of the care professionals and newborn screening sional organizations and societies to develop presence or increased risk of a disorder on a laboratory personnel with— and deliver education and training programs screening test; ‘‘(A) education in newborn screening; and that include— ‘‘(C) ensure the seamless integration of ‘‘(B) training in— ‘‘(A) continuing medical education pro- confirmatory testing, tertiary care medical ‘‘(i) relevant and new technologies in new- grams for health care professionals and new- services, comprehensive genetic services in- born screening; and born screening laboratory personnel in new- cluding genetic counseling, and information ‘‘(ii) congenital, genetic, and metabolic born screening; about access to developing therapies by par- disorders. ‘‘(B) education, technical assistance, and ticipation in approved clinical trials involv- ‘‘(2) GRANTS TO ASSIST FAMILIES.— training on new discoveries in newborn ing the primary health care of the infant; ‘‘(A) IN GENERAL.—From funds appro- screening and the use of any related tech- ‘‘(D) analyze data, if appropriate and avail- priated under subsection (h), the Secretary, nology; able, collected from newborn screenings to acting through the Associate Administrator ‘‘(C) models to evaluate the prevalence of, identify populations at risk for disorders af- and in consultation with the Advisory Com- and assess and communicate the risks of, fecting newborns, examine and respond to

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health concerns, recognize and address rel- ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(C) the availability and reporting of test- evant environmental, behavioral, socio- There are authorized to be appropriated to ing for conditions for which there is no exist- economic, demographic, and other relevant carry out this section— ing treatment; risk factors; and ‘‘(1) $15,000,000 for fiscal year 2008; and ‘‘(D) minimum standards and related poli- ‘‘(E) carry out such other activities as the ‘‘(2) such sums as may be necessary for cies and procedures for State newborn Secretary may determine necessary. each of fiscal years 2009 through 2012.’’. screening programs; ‘‘(f) REPORTS TO CONGRESS.— SEC. 4. IMPROVED NEWBORN AND CHILD ‘‘(E) quality assurance, oversight, and ‘‘(1) IN GENERAL.—Subject to paragraph (2), SCREENING FOR HERITABLE DIS- evaluation of State newborn screening pro- the Secretary shall submit to the appro- ORDERS. grams; priate committees of Congress reports— Section 1109 of the Public Health Service ‘‘(F) data collection for assessment of new- ‘‘(A) evaluating the effectiveness and the Act (42 U.S.C. 300b–8) is amended— born screening programs; impact of the grants awarded under this sec- (1) in subsection (c)(2)— ‘‘(G) public and provider awareness and tion— (A) in subparagraph (E), by striking ‘‘and’’ education; ‘‘(i) in promoting newborn screening— after the semicolon; ‘‘(H) language and terminology used by ‘‘(I) education and resources for families; (B) by redesignating subparagraph (F) as State newborn screening programs; and subparagraph (G); and ‘‘(I) confirmatory testing and verification ‘‘(II) education, resources, and training for (C) by inserting after subparagraph (E) the of positive results; and health care professionals; following: ‘‘(J) harmonization of laboratory defini- ‘‘(ii) on the successful diagnosis and treat- ‘‘(F) an assurance that the entity has tions for results that are within the expected ment of congenital, genetic, and metabolic adopted and implemented, is in the process range and results that are outside of the ex- disorders; and of adopting and implementing, or will use pected range.’’; and ‘‘(iii) on the continued development of co- grant amounts received under this section to (2) by adding at the end the following: ordinated systems of followup care after adopt and implement the guidelines and rec- ‘‘(d) DECISION ON RECOMMENDATIONS.— newborns are screened; ommendations of the Advisory Committee ‘‘(1) IN GENERAL.—Not later than 180 days ‘‘(B) describing and evaluating the effec- on Heritable Disorders in Newborns and Chil- after the Advisory Committee issues a rec- tiveness of the activities carried out with dren established under section 1111 (referred ommendation pursuant to this section, the grant funds received under this section; and to in this section as the ‘Advisory Com- Secretary shall adopt or reject such rec- ‘‘(C) that include recommendations for mittee’) that are adopted by the Secretary ommendation. Federal actions to support— and in effect at the time the grant is award- ‘‘(2) PENDING RECOMMENDATIONS.—The Sec- ‘‘(i) education and training in newborn ed or renewed under this section, which shall retary shall adopt or reject any rec- screening; and include the screening of each newborn for ommendation issued by the Advisory Com- ‘‘(ii) followup care after newborns are the heritable disorders recommended by the mittee that is pending on the date of enact- screened. Advisory Committee and adopted by the Sec- ment of the Newborn Screening Saves Lives ‘‘(2) TIMING OF REPORTS.—The Secretary retary and the reporting of results; and’’; and Act of 2007 by not later than 180 days after shall submit— (2) in subsection (i), by striking ‘‘such the date of enactment of such Act. ‘‘(A) an interim report that includes the sums’’ and all that follows through the pe- ‘‘(3) DETERMINATIONS TO BE MADE PUBLIC.— information described in paragraph (1), not riod at the end and inserting ‘‘$25,000,000 for The Secretary shall publicize any determina- later than 30 months after the date on which fiscal year 2008 and such sums as may be nection on adopting or rejecting a recommenda- the first grant funds are awarded under this essary for each of the fiscal years 2009 tion of the Advisory Committee pursuant to section; and through 2012.’’. this subsection, including the justification ‘‘(B) a subsequent report that includes the SEC. 5. EVALUATING THE EFFECTIVENESS OF for the determination. information described in paragraph (1), not NEWBORN- AND CHILD-SCREENING ‘‘(e) CONTINUATION OF OPERATION OF COM- later than 60 months after the date on which PROGRAMS. MITTEE.—Notwithstanding section 14 of the the first grant funds are awarded under this Section 1110 of the Public Health Service Federal Advisory Committee Act (5 U.S.C. section. Act (42 U.S.C. 300b–9) is amended by adding App.), the Advisory Committee shall con- ‘‘(g) DEFINITION OF ELIGIBLE ENTITY.—In at the end the following: tinue to operate during the 5-year period be- this section, the term ‘eligible entity’ ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— ginning on the date of enactment of the New- means— There are authorized to be appropriated to born Screening Saves Lives Act of 2007.’’. ‘‘(1) a State or a political subdivision of a carry out this section $5,000,000 for fiscal SEC. 7. LABORATORY QUALITY AND SURVEIL- State; year 2008 and such sums as may be necessary LANCE. ‘‘(2) a consortium of 2 or more States or for each of the fiscal years 2009 through Part A of title XI of the Public Health political subdivisions of States; 2012.’’. Service Act (42 U.S.C. 300b–1 et seq.) is ‘‘(3) a territory; SEC. 6. ADVISORY COMMITTEE ON HERITABLE amended by adding at the end the following: ‘‘(4) an Indian tribe or a hospital or out- DISORDERS IN NEWBORNS AND ‘‘SEC. 1112. LABORATORY QUALITY. CHILDREN. patient health care facility of the Indian ‘‘(a) IN GENERAL.—The Secretary, acting Health Service; or Section 1111 of the Public Health Service through the Director of the Centers for Dis- ‘‘(5) a nongovernmental organization with Act (42 U.S.C. 300b–10) is amended— ease Control and Prevention and in consulta- appropriate expertise in newborn screening, (1) in subsection (b)— tion with the Advisory Committee on Heri- as determined by the Secretary. (A) by redesignating paragraph (3) as para- table Disorders in Newborns and Children es- ‘‘(h) NATIONAL CONTINGENCY PLAN FOR graph (5); tablished under section 1111, shall provide NEWBORN SCREENING.— (B) in paragraph (2), by striking ‘‘and’’ for— ‘‘(1) IN GENERAL.—Not later than 180 days after the semicolon; ‘‘(1) quality assurance for laboratories in- after the date of enactment of this section, (C) by inserting after paragraph (2) the fol- volved in screening newborns and children the Secretary, acting through the Director lowing: for heritable disorders, including quality as- of the Centers for Disease Control and Pre- ‘‘(3) recommend a uniform screening panel surance for newborn-screening tests, per- vention and in consultation with the Asso- for newborn screening programs that in- formance evaluation services, and technical ciate Administrator, shall develop a national cludes the heritable disorders for which all assistance and technology transfer to new- contingency plan for newborn screening for newborns should be screened, including sec- born screening laboratories to ensure ana- use in the event of a public health emer- ondary conditions that may be identified as lytic validity and utility of screening tests; gency. a result of the laboratory methods used for and ‘‘(2) REQUIREMENTS.—The contingency plan screening; ‘‘(2) population-based pilot testing for new developed under paragraph (1) shall include a ‘‘(4) develop a model decision-matrix for screening tools for evaluating use on a mass plan for— newborn screening program expansion, and scale. ‘‘(A) the collection and transport of speci- periodically update the recommended uni- ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— mens; form screening panel described in paragraph For the purpose of carrying out this section, ‘‘(B) the shipment of specimens to State (3) based on such decision-matrix; and’’; and there are authorized to be appropriated newborn screening laboratories; (D) in paragraph (5) (as redesignated by $5,000,000 for fiscal year 2008 and such sums ‘‘(C) the processing of specimens; subparagraph (A)), by striking the period at as may be necessary for each of the fiscal ‘‘(D) the reporting of screening results to the end and inserting ‘‘, including rec- years 2009 through 2012. physicians and families; ommendations, advice, or information deal- ‘‘SEC. 1113. SURVEILLANCE PROGRAMS FOR ‘‘(E) the diagnostic confirmation of posi- ing with— HERITABLE DISORDERS SCREENING. tive screening results; ‘‘(A) followup activities, including those ‘‘(a) IN GENERAL.—The Secretary, acting ‘‘(F) ensuring the availability of treatment necessary to achieve rapid diagnosis in the through the Director of the Centers for Dis- and management resources; short term, and those that ascertain long- ease Control and Prevention, in consultation ‘‘(G) educating families about newborn term case management outcomes and appro- with the Associate Administrator of the Ma- screening; and priate access to related services; ternal and Child Health Bureau of the Health ‘‘(H) carrying out other activities deter- ‘‘(B) diagnostic and other technology used Resources and Services Administration, mined appropriate by the Secretary. in screening; shall carry out programs—

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2007 CONGRESSIONAL RECORD — SENATE S2085 ‘‘(1) to collect, analyze, and make available ommendations for improving the health and educational materials for parents and data on the heritable disorders recommended wellness and quality of life of such individ- health care providers about the avail- by the Advisory Committee on Heritable Dis- uals; ability of newborn screening tests; orders in Newborns and Children established ‘‘(6) contains a summary of recommenda- therefore parents are often unaware of under section 1111, including data on the tions from all heritable disorders research causes of such disorders and on the incidence conferences sponsored by the Centers for Dis- the importance of testing and may and prevalence of such disorders; ease Control and Prevention; and learn too late that their newborn has ‘‘(2) to operate regional centers for the ‘‘(7) contains any recommendations of the an abnormal metabolic condition conduct of applied epidemiological research Secretary regarding this section. which could have been treated. on the prevention of such disorders; ‘‘(d) APPLICABILITY OF PRIVACY LAWS.—The In 2004, the American College of Med- ‘‘(3) to provide information and education provisions of this section shall be subject to ical Genetics completed a report com- to the public on the prevention of such dis- the requirements of section 552a of title 5, missioned by the Department of Health orders; and United States Code. All Federal laws relat- and Human Services which rec- ‘‘(4) to conduct research on and to promote ing to the privacy of information shall apply ommended that every baby born in the the prevention of such disorders, and sec- to the data and information that is collected ondary health conditions among individuals under this section. United States be screened for 29 dis- with such disorders. ‘‘(e) COORDINATION.— orders, including certain metabolic ‘‘(b) GRANTS AND CONTRACTS.— ‘‘(1) IN GENERAL.—In carrying out this sec- conditions and hearing deficiency. Cur- ‘‘(1) IN GENERAL.—In carrying out sub- tion, the Secretary shall coordinate, to the rently, only 11 States and the District section (a), the Secretary may make grants extent practicable, programs under this sec- of Columbia require the recommended to and enter into contracts with public and tion with programs on birth defects and de- screening for all 29 disorders. nonprofit private entities. velopmental disabilities authorized under Last year there was much success in ‘‘(2) SUPPLIES AND SERVICES IN LIEU OF section 317C. improving newborn screening in my AWARD FUNDS.— ‘‘(2) PRIORITY IN GRANTS AND CONTRACTS.— home State of Utah, which increased ‘‘(A) IN GENERAL.—Upon the request of a In making grants and contracts under this recipient of an award of a grant or contract section, the Secretary shall give priority to testing from 4 to 36 disorders. The ex- under paragraph (1), the Secretary may, sub- entities that demonstrate the ability to co- pansion of newborn screening is a ject to subparagraph (B), provide supplies, ordinate activities under a grant or contract major advancement for children’s equipment, and services for the purpose of made under this section with existing birth healthcare in Utah, as the screening aiding the recipient in carrying out the pur- defects surveillance activities. should identify an additional 15 to 20 poses for which the award is made and, for ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— Utah infants every year in time to help such purposes, may detail to the recipient For the purpose of carrying out this section, them get the treatment they need to any officer or employee of the Department of there are authorized to be appropriated Health and Human Services. live a fuller and healthier life. $15,000,000 for fiscal year 2008 and such sums Enactment of the Newborn Screening ‘‘(B) REDUCTION.—With respect to a request as may be necessary for each of the fiscal described in subparagraph (A), the Secretary years 2009 through 2012.’’. Saves Lives Act would provide necessary resource materials to educate shall reduce the amount of payments under Mr. HATCH. I am pleased to intro- the award involved by an amount equal to parents and health providers about duce today, along with my colleague the costs of detailing personnel and the fair newborn screening and help states ex- Senator CHRISTOPHER DODD, the New- market value of any supplies, equipment, or pand and improve their newborn born Screening Saves Lives Act of 2007. services provided by the Secretary. The Sec- screening programs. Other important Every State and U.S. territory rou- retary shall, for the payment of expenses in- provisions of this legislation help en- curred in complying with such request, ex- tinely screens newborns for certain ge- sure the quality of laboratories in- pend the amounts withheld. netic, metabolic, hormonal and func- volved in newborn screening and call ‘‘(3) APPLICATION FOR AWARD.—The Sec- tional disorders. Most of these birth de- for establishing a system for collecting retary may make an award of a grant or con- fects have no immediate visible effects and analyzing data from newborn tract under paragraph (1) only if an applica- on a baby but, unless detected and tion for the award is submitted to the Sec- screening programs. retary and the application is in such form, is treated early, can cause physical prob- The bill will establish grant pro- made in such manner, and contains such lems, mental retardation and, in some grams to provide for education and agreements, assurances, and information as cases, death. outreach on newborn screening and co- the Secretary determines to be necessary to Babies who have these diseases and ordinated follow-up care once newborn carry out the purposes for which the award is babies who do not have these diseases screening has been conducted. It will to be made. look the same at birth. Fortunately, help States expand and improve their ‘‘(c) BIENNIAL REPORT.—Not later than most babies are given a clean bill of February 1 of fiscal year 2008 and of every newborn screening programs, educate second such year thereafter, the Secretary health when tested. In cases where ba- parents and providers and improve fol- shall submit to the Committee on Energy bies are found to have metabolic dis- low-up care for infants. The bill also and Commerce of the House of Representa- orders or hearing impairment, early di- contains provisions for a contingency tives, and the Committee on Health, Edu- agnosis and proper treatment can plan for newborn screening in the case cation, Labor, and Pensions of the Senate, a make the difference between healthy of a national public health emergency, report that, with respect to the preceding 2 development and lifelong impairment. fiscal years— such as that which was witnessed in Except for hearing screening, all the wake of Hurricanes Katrina and ‘‘(1) contains information regarding the in- newborn screening tests are done using cidence and prevalence of heritable disorders Rita. and the health status of individuals with a few drops of blood from the newborn’s The Newborn Screening Saves Lives such disorders and the extent to which such heel. Newborn screening checks for dis- Act of 2007 is endorsed by the March of disorders have contributed to the incidence eases that can cause problems with the Dimes, the American Academy of Pedi- and prevalence of infant mortality and af- way the body gets energy, how the atrics, Easter Seals, and the American fected quality of life; body makes hormones, or how the body Public Health Labs. These groups rec- ‘‘(2) contains information under paragraph makes blood cells. ognize that expanded newborn screen- (1) that is specific to various racial and eth- Currently each state or region oper- ing will help pediatricians and other nic groups (including Hispanics, non-His- ates by law its own newborn screening panic whites, Blacks, Native Americans, and healthcare providers identify rare dis- Asian Americans); program. Individual programs vary orders than can be easily confused with ‘‘(3) contains an assessment of the extent widely in the number and types of con- common pediatric problems. Diag- to which various approaches of preventing ditions for which they test. According nosing and treating these conditions heritable disorders and secondary health to the National Newborn Screening and will help prevent irreversible brain conditions among individuals with such dis- Genetics Resources Center, some damage, permanent disabilities, and orders have been effective; States test for as few as four disorders, possibly death. I urge my colleagues to ‘‘(4) describes the activities carried out while others test for 30 or more. under this section; take a stand for newborn health and Disparities among States in screen- support this bill. ‘‘(5) contains information on the incidence ing tests given at birth result in too and prevalence of individuals living with heritable disorders, information on the many babies with serious birth defects By Mr. SCHUMER: health status of individuals with such dis- not being diagnosed and treated in S. 636. A bill to amend the Internal orders, information on any health disparities time to avoid death or long term dis- Revenue Code of 1986 to extend the re- experienced by such individuals, and rec- ability. Many States offer only limited porting period for certain statements

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00103 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2086 CONGRESSIONAL RECORD — SENATE February 15, 2007 sent to taxpayers; to the Committee on nating millions of unnecessary mail- S. 642. A bill to codify Executive Finance. ings. Order 12898, relating to environmental Mr. SCHUMER. Mr. President, I rise I hope that my colleagues will join justice, to require the Administrator of today to introduce the ‘‘Reduce Waste- me in supporting this legislation, and I the Environmental Protection Agency ful Tax Forms Act of 2007.’’ This bill look forward to working with other Fi- to fully implement the recommenda- extends the deadline from January 31 nance Committee members to have it tions of the Inspector General of the to February 15 for certain types of 1099 considered during the 110th Congress. Agency and the Comptroller General of forms to be sent to taxpayers. 1099 Mr. President, I ask unanimous con- the United States, and for other pur- forms are used to report non-wage in- sent that the text of the bill be printed poses; to the Committee on Environ- come, such as income from dividends in the RECORD. ment and Public Works. and capital gains. These forms are dis- There being no objection, the text of Mr. DURBIN. Mr. President, today I tributed by brokerage firms and finan- the bill was ordered to be printed in introduce, with Senators KERRY and cial institutions to their investors, who the RECORD, as follows: MENENDEZ, an environmental justice must report the information on their S. 636 bill that will help protect the well- income tax returns. Be it enacted by the Senate and House of Rep- being of minority and low-income com- Due to recent changes in tax laws resentatives of the United States of America in munities throughout the United Congress assembled, that govern income from interest and States. SECTION 1. SHORT TITLE. dividends, there has been a significant This Act may be cited as the ‘‘Reduce In 1994, President Clinton issued an increase in the number of inaccurate Wasteful Tax Forms Act of 2007’’. Executive Order instructing Govern- forms sent out by firms in order to SEC. 2. EXTENSION OF REPORTING PERIOD FOR ment agencies to develop strategies to meet the January 31 deadline. The CERTAIN STATEMENTS SENT TO identify and address environmental in- problem is that much of the tax data TAXPAYERS. equities that might be created through for certain types of investment income (a) IN GENERAL.—The following provisions agency programs. The Executive Order of the Internal Revenue Code of 1986 are each cannot be calculated until after the amended by striking ‘‘January 31’’ and in- recognized that low-income and minor- first of the year, resulting in a com- serting ‘‘February 15’’: ity communities often end up with pressed window for calculating data in (1) Subsection (c) of section 6042 (returns more than their fair share of pollution, compliance with the new laws and regarding payments of dividends and cor- associated health risks and environ- mailing the forms. Once accurate data porate earnings and profits). mental degradation. becomes available, financial institu- (2) Subsection (d) of section 6043A (returns More advantaged communities—with tions must send taxpayers an amended relating to taxable mergers and acquisi- strong advocates, more resources, and form with the correct information. tions). better access to information—are less (3) Subsection (e) of section 6044 (returns These amended forms create confu- regarding payments of patronage dividends). likely to have landfills, petrochemical sion for taxpayers, and in some cases, (4) Subsection (b) of section 6045 (returns of plants, or waste incinerators built in those who receive an amended 1099 may brokers). their neighborhoods. have to re-file their taxes. If taxpayers (5) Subsection (b) of section 6050N (returns Unfortunately, the U.S. Environ- underpaid in their initial return, they regarding payments of royalties). mental Protection Agency has not hon- could face interest charges and pen- (b) STATEMENTS REGARDING CERTAIN RE- ored the 1994 Executive Order and the alties if they do not file again before TURNS RELATING TO SECURITIES.—Section goal of environmental justice has not 6041(d) of the Internal Revenue Code of 1986 been met. In a March 2004 report, the the April 15 deadline. The January 31 is amended by striking ‘‘January 31’’ and in- deadline results in tons of wasted serting ‘‘January 31 (February 15, in the case EPA Inspector General concluded that paper, confusion for taxpayers, and of statements regarding returns relating to the agency ‘‘has not fully implemented wasted expenses incurred in sending payments made by financial institutions to Executive Order 12898 nor consistently the amended forms. customers in connection with securities (in- integrated environmental justice into This problem affects an increasing cluding securities lending))’’. its day-to-day operations. EPA has not number of taxpayers. According to re- (c) STATEMENTS RELATING TO CERTAIN SUB- identified minority and low-income STITUTE PAYMENTS.—Section 6045(d) of the cent press reports in the Wall Street Internal Revenue Code of 1986 is amended— [populations] . . . and has neither de- Journal and USA Today, prior to 2003, (1) by striking ‘‘at such time and’’, and fined nor developed criteria for deter- an average of 5 to 8 percent of 1099 (2) by inserting after ‘‘other item.’’ the fol- mining [who is] disproportionately im- forms required correcting. That num- lowing new sentence: ‘‘The written state- pacted. Moreover, in 2001, the Agency ber has since jumped to an average of ment required under the preceding sentence restated its commitment to environ- 13 percent, translating into millions of shall be furnished on or before February 15 of mental justice in a manner that does amended 1099s being sent to taxpayers the year following the calendar year during not emphasize minority and low-in- which such payment was made.’’. each year. (d) STATEMENTS REGARDING CERTAIN RE- come populations, the intent of the Ex- My legislation would extend the PORTS BY EMPLOYERS AND PLAN ADMINISTRA- ecutive Order.’’ deadline for sending 1099 forms to tax- TORS.—Section 6047(d)(2) of the Internal Rev- Today, with the introduction of the payers to February 15, by which time enue Code of 1986 is amended by inserting ‘‘, Environmental Justice Act of 2007, we the vast majority of required data will except that any report to any person other ask Congress to codify the Executive be available to ensure the accuracy of than the Secretary shall be furnished on or Order. The legislation also directs the the forms. The bill extends the dead- before February 15 of the year following the EPA to implement recommendations line only for certain types of 1099 forms calendar year for which the report under in this area from both the EPA Inspec- paragraph (1) was required to be made’’ after used to report investment income; it ‘‘regulations’’. tor General and the Government Ac- would not extend the deadline for 1099 (e) CERTAIN STATEMENTS RELATING TO IN- countability Office. The recommenda- forms sent to independent contractors TEREST PAYMENTS.—Section 6049(c)(2)(A) of tions include creating offices to review or for statements that only report in- the Internal Revenue Code of 1986 is amended programs and policies for environ- terest earned on bank deposits. Accord- by striking ‘‘January 31’’ and inserting ‘‘Feb- mental justice implications, training ingly, this extension will not delay fil- ruary 15 (January 31, in the case of any staff to address environmental justice statement regarding a return relating to ing for the vast majority of taxpayers. payments of interest made by any obligor de- concerns in the rule making process This year, the IRS granted several scribed in subparagraph (B) or (C) of sub- and specifically assessing the impacts brokerage firms an extension to the section (b)(1), unless such statement is com- of future regulation and enforcement January 31 deadline. However, this bill bined in a statement the due date for which on the communities most at risk to would provide a permanent extension is February 15)’’. human and environmental health prob- for all firms and financial institutions (f) EFFECTIVE DATE.—The amendments lems. Finally, the bill establishes re- to remove the uncertainty for tax- made by this section shall apply to returns, porting requirements for the imple- reports, and other statements the due date payers that arises due to this unneces- for which (determined without regard to ex- mentation of the recommendations. sarily early deadline. My bill will help tensions) is after December 31, 2007. I am pleased that our legislation cur- taxpayers by reducing confusion, the rently has the support of 18 organiza- financial industry by cutting costs and By Mr. DURBIN (for himself, Mr. tions, including: Earthjustice; Law- waste, and the environment by elimi- KERRY, and Mr. MENENDEZ): yers’ Committee for Civil Rights Under

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00104 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2007 CONGRESSIONAL RECORD — SENATE S2087 Law; Center for Health, Environment (2) The recommendation that the Adminis- (d) REPORT.—The Administrator shall sub- and Justice; Natural Resources Defense trator of the agency ensure that these remit an initial report to Congress within 6 Council; Advocates for Environmental views determine whether the programs, poli- months after the enactment of this Act re- Human Rights and Labor Council for cies, and activities may have a dispropor- garding the Administrator’s strategy for im- tionately high and adverse health or envi- plementing the recommendations referred to Latin American Advancement. ronmental impact on minority and low-in- in subsections (a), (b), and (c). Thereafter, The bill we are introducing today is come populations. the Administrator shall provide semi-annual an important step toward shifting the (3) The recommendation that each program reports to Congress regarding his progress in balance of environmental hazards, so and regional office develop specific environ- implementing such recommendations as well the burden is not shouldered unfairly mental justice review guidance for con- as his progress on modifying the Administra- by low-income and minority commu- ducting environmental justice reviews. tor’s emergency management procedures to nities. (4) The recommendation that the Adminis- incorporate environmental justice in the I ask unanimous consent that the trator designate a responsible office to com- agency’s Incident Command Structure (in text of the bill be printed in the pile results of environmental justice reviews accordance with the December 18, 2006, letter and recommend appropriate actions. from the Deputy Administrator to the Act- RECORD. (b) GAO RECOMMENDATIONS.—In developing ing Inspector General of the agency). There being no objection, the text of rules under laws administered by the Envi- the bill was ordered to be printed in ronmental Protection Agency, the Adminis- By Mr. AKAKA: the RECORD, as follows: trator of the Agency shall, as promptly as S. 643. A bill to amend section 1922A S. 642 practicable, carry out each of the following of title 38, United States Code, to in- Be it enacted by the Senate and House of Rep- recommendations of the Comptroller Gen- crease the amount of supplemental in- resentatives of the United States of America in eral of the United States as set forth in GAO surance available for totally disabled Congress assembled, Report numbered GAO-05-289 entitled ‘‘EPA veterans; to the Committee on Vet- SECTION 1. SHORT TITLE. Should Devote More Attention to Environ- erans’ Affairs. mental Justice when Developing Clean Air This Act may be cited as the ‘‘Environ- Mr. AKAKA. Mr. President, today I mental Justice Act of 2007’’. Rules’’: (1) The recommendation that the Adminis- introduce the Disabled Veterans Insur- SEC. 2. CODIFICATION OF EXECUTIVE ORDER ance Improvement Act of 2007. The leg- 12898. trator ensure that workgroups involved in islation would increase the amount of (a) IN GENERAL.—The President of the developing a rule devote attention to envi- United States is authorized and directed to ronmental justice while drafting and final- supplemental life insurance available execute, administer and enforce as a matter izing the rule. to totally disabled veterans from of Federal law the provisions of Executive (2) The recommendation that the Adminis- $20,000 to $40,000. Many totally disabled Order 12898, dated February 11, 1994, (‘‘Fed- trator enhance the ability of such veterans find it difficult to obtain com- workgroups to identify potential environ- eral Actions To Address Environmental Jus- mercial life insurance. These are the tice In Minority Populations and Low-In- mental justice issues through such steps as providing workgroup members with guidance veterans we are trying to help with come Populations’’) with such modifications this legislation by providing them with as are provided in this section. and training to helping them identify poten- (b) DEFINITION OF ENVIRONMENTAL JUS- tial environmental justice problems and in- a reasonable amount of life insurance TICE.—For purposes of carrying out the pro- volving environmental justice coordinators coverage. visions of Executive Order 12898, the fol- in the workgroups when appropriate. VA’s Service-Disabled Veterans’ In- lowing definitions shall apply: (3) The recommendation that the Adminis- surance, commonly known as S-DVI, (1) The term ‘‘environmental justice’’ trator improve assessments of potential en- was established during the Korean War means the fair treatment and meaningful in- vironmental justice impacts in economic re- to provide life insurance for veterans volvement of all people regardless of race, views by identifying the data and developing the modeling techniques needed to assess with service-connected disabilities. color, national origin, educational level, or This $10,000 benefit has never been in- income with respect to the development, im- such impacts. plementation, and enforcement of environ- (4) The recommendation that the Adminis- creased. mental laws and regulations in order to en- trator direct appropriate agency officers and In comparison, the Servicemembers’ sure that— employees to respond fully when feasible to Group Life Insurance and Veterans’ (A) minority and low-income communities public comments on environmental justice, Group Life Insurance benefits, which have access to public information relating to including improving the agency’s expla- were $10,000 and $20,000 respectively at human health and environmental planning, nation of the basis for its conclusions, to- their inception, have been increased regulations and enforcement; and gether with supporting data. over time to $400,000. The most recent (B) no minority or low-income population (c) 2004 INSPECTOR GENERAL REPORT.—The increases to these programs have been Administrator of the Environmental Protec- is forced to shoulder a disproportionate bur- in response to public sentiment and the den of the negative human health and envi- tion Agency shall, as promptly as prac- ronmental impacts of pollution or other en- ticable, carry out each of the following rec- determination by Congress that the vironmental hazard. ommendations of the Inspector General of amount provided to the beneficiaries of (2) The term ‘‘fair treatment’’ means poli- the agency as set forth in the report entitled servicemembers who die while fighting cies and practices that ensure that no group ‘‘EPA Needs to Consistently Implement the in Operations Enduring Freedom and of people, including racial, ethnic, or socio- Intent of the Executive Order on Environ- Iraqi Freedom is insufficient. economic groups bear disproportionately mental Justice’’ (Report No. 2004-P-00007): In 1992, Congress increased the high and adverse human health or environ- (1) The recommendation that the agency amount of life insurance available to clearly define the mission of the Office of mental effects resulting from Federal agency S-DVI policyholders by offering $20,000 programs, policies, and activities. Environmental Justice (OEJ) and provide worth of supplemental coverage to (c) JUDICIAL REVIEW AND RIGHTS OF AC- agency staff with an understanding of the TION.—The provisions of section 6-609 of Ex- roles and responsibilities of the office. those who are considered totally dis- ecutive Order 12898 shall not apply for pur- (2) The recommendation that the agency abled. Forty percent of the veterans poses of this Act. establish (through issuing guidance or a pol- enrolled in the S-DVI program are con- SEC. 3. IMPLEMENTATION OF RECOMMENDA- icy statement from the Administrator) spe- sidered totally disabled and are eligible TIONS BY ENVIRONMENTAL PRO- cific time frames for the development of defi- for a premium waiver for their basic TECTION AGENCY. nitions, goals, and measurements regarding coverage. In fiscal year 2006, thirty-two (a) INSPECTOR GENERAL RECOMMENDA- environmental justice and provide the re- percent of veterans granted new policy TIONS.—The Administrator of the Environ- gions and program offices a standard and mental Protection Agency shall, as promptly consistent definition for a minority and low- waivers also opted to pay for this sup- as practicable, carry out each of the fol- income community, with instructions on plemental coverage. Even with $30,000 lowing recommendations of the Inspector how the agency will implement and in coverage, the amount of life insur- General of the agency as set forth in report operationalize environmental justice into ance available to disabled veterans # 2006-P-00034 entitled ‘‘EPA needs to con- the agency’s daily activities. falls well short of the death benefits duct environmental justice reviews of its (3) The recommendation that the agency available to servicemembers and vet- programs, policies and activities’’: ensure the comprehensive training program erans enrolled in the Servicemembers’ (1) The recommendation that the agency’s currently under development includes stand- program and regional offices identify which ard and consistent definitions of the key en- Group Life Insurance and Veterans’ programs, policies, and activities need envi- vironmental justice concepts (such as ‘‘low- Group Life Insurance programs. ronmental justice reviews and require these income’’, ‘‘minority’’, and ‘‘disproportion- The 2001 Congressionally mandated offices to establish a plan to complete the ately impacted’’) and instructions for imple- study entitled Program Evaluation of necessary reviews. mentation of those concepts. Benefits for Survivors of Veterans with

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00105 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2088 CONGRESSIONAL RECORD — SENATE February 15, 2007 Service-Connected Disabilities found application at such time, in such manner, than 7 years after the date on which the re- the lowest area of veteran satisfaction and containing such information as the Sec- port is submitted; and to be the maximum amount of cov- retary may require. (3) collaborate with the heads of other Fed- (d) AUTHORIZATION OF APPROPRIATIONS.— erage that veterans were authorized to eral agencies, as appropriate, in working There is authorized to be appropriated, such with ministers of health or other appropriate purchase. My bill would allow totally sums as may be necessary to carry out this officials of the 5 countries from which the disabled veterans to purchase an addi- section. most nurses and physical therapists arrived tional $20,000 in insurance coverage. SEC. 3. INCREASING THE DOMESTIC SUPPLY OF into the United States, to— I ask my colleagues to support the NURSES AND PHYSICAL THERA- (A) address health worker shortages caused Disabled Veterans Insurance Improve- PISTS. by emigration; and (a) Not later than January 1, 2008, the Sec- (B) ensure that there is sufficient human ment Act of 2007. This is a modest and retary of Health and Human Services, in con- resource planning or other technical assist- affordable way of increasing the life injunction with the Secretary of Education, ance needed to reduce further health worker surance coverage for those veterans shall— shortages in such countries. with the greatest need. I realize that (1) submit to Congress a report concerning SEC. 4. SHORTAGE OCCUPATIONS. there are paygo implications associ- the source of newly licensed nurses and phys- (a) EXCEPTION TO DIRECT NUMERICAL LIMI- ated with this legislation and I am ac- ical therapists in each State, that shall include— TATIONS.—Section 201(b)(1) of the Immigra- tively looking for ways to pay for this (A) for the most recent 3-year period for tion and Nationality Act (8 U.S.C. 1151(b)(1)) bill. which data is available— is amended by adding at the end the fol- I request unanimous consent that the (i) separate data relating to teachers at in- lowing new subparagraph: text of the bill be printed in the stitutions of higher education for each re- ‘‘(F)(i) During the period beginning on the RECORD. lated occupation who have been teaching for date of the enactment of the Rural Nursing There being no objection, the text of not more than 5 years; and Promotion Act and ending on September 30, the bill was ordered to be printed in (ii) separate data relating to all teachers 2017, an alien— at institutions of higher education for each ‘‘(I) who is described in section 203(b); and the RECORD, as follows: related occupation regardless of length of ‘‘(II) who is seeking admission to the S. 643 service; United States to perform labor in shortage Be it enacted by the Senate and House of Rep- (B) for the most recent 3-year period for occupations designated by the Secretary of resentatives of the United States of America in which data is available, separate data for Labor for certification under section Congress assembled, each related occupation and for each State; 212(a)(5)(A) due to the lack of sufficient SECTION 1. SHORT TITLE. (C) a description of the barriers to increas- United States workers able, willing, quali- This Act may be cited as the ‘‘Disabled ing the supply of nursing faculty, domesti- fied, and available for such occupations and Veterans Insurance Act of 2007’’. cally trained nurses, and domestically for which the employment of aliens will not adversely affect the terms and conditions of SEC. 2. SUPPLEMENTAL INSURANCE FOR TO- trained physical therapists; TALLY DISABLED VETERANS. (D) separately identify those individuals similarly employed United States workers. Section 1922A(a) of title 38, United States receiving their initial nursing license and ‘‘(ii) During the period described in clause Code, is amended by striking ‘‘$20,000’’ and those individuals licensed by endorsement (i), the spouse or dependent of an alien de- inserting ‘‘$40,000’’. from another State; scribed in clause (i), if accompanying or fol- (E) with respect to those individuals re- lowing to join such alien.’’. By Mr. COLEMAN: ceiving their initial nursing license in each (b) EXCEPTION TO NONDISCRIMINATION RE- year, a description of the number of individ- QUIREMENTS.—Section 202(a)(1)(A) of the Im- S. 646: A bill to increase the nursing migration and Nationality Act (8 U.S.C. workforce; to the Committee on the uals who received their professional education in the United States and the number 1152(a)(1)(A)) is amended by striking Judiciary. of individuals who received such education ‘‘201(b)(2)(A)(i)’’ and inserting ‘‘201(b)’’. Mr. COLEMAN. Mr. President, I ask outside the United States; (c) EXCEPTION TO PER COUNTRY LEVELS FOR unanimous consent that the text of the (F) to the extent practicable, a description, FAMILY-SPONSORED AND EMPLOYMENT-BASED bill be printed in the RECORD. by State of residence and country of edu- IMMIGRANTS.—Section 202(a)(2) of the Immi- There being no objection, the text of cation, of the number of nurses and physical gration and Nationality Act (8 U.S.C. the bill was ordered to be printed in therapists who were educated in any of the 5 1152(a)(2)), is amended by inserting ‘‘, except for aliens described in section 201(b),’’ after the RECORD, as follows: countries (other than the United States) from which the most nurses and physical ‘‘any fiscal year’’. S. 646 therapists arrived; (d) PROCEDURE FOR GRANTING IMMIGRANT Be it enacted by the Senate and House of Rep- (G) recommendations of strategies to be STATUS.—Section 204 of the Immigration and resentatives of the United States of America in utilized by Federal and State governments Nationality Act (8 U.S.C. 1154) is amended by Congress assembled, that would be effective in removing the bar- adding at the end the following new sub- SECTION 1. SHORT TITLE. riers described in subparagraph (C), includ- section: This Act may be cited as the ‘‘Rural Nurs- ing strategies that address barriers to ad- ‘‘(l) The Secretary of Homeland Security ing Promotion Act’’. vancement to become registered nurses for shall provide a process for reviewing and making a determination upon a petition SEC. 2. ESTABLISHMENT OF A NURSE DISTANCE other health care workers, such as home EDUCATION PILOT PROGRAM. health aides and nurses assistants; filed with respect to an alien described in section 201(b)(1)(F) not later than 30 days (a) IN GENERAL.—The Secretary of Health (H) recommendations for amendments to and Human Services, in conjunction with the Federal laws that would increase the supply after the date a completed petition has been Secretary of Education, shall establish a of nursing faculty, domestically trained filed for such alien.’’. Nurse Distance Education Pilot Program nurses, and domestically trained physical through which grants may be awarded for therapists; By Mr. WYDEN (for himself and the conduct of activities to increase accessi- (I) recommendations for Federal grants, Mr. SMITH): bility to nursing education. loans, and other incentives that would pro- S. 647. A bill to designate certain (b) PURPOSE.—The purpose of the Nurse vide increases in nurse educators and nurse land in the State of Oregon as wilder- Distance Education Pilot Program estab- training facilities, and other measures to in- ness, and for other purposes; to the lished under subsection (a) shall be to increase the domestic education of new nurses Committee on Energy and Natural Re- crease accessibility to nursing education and physical therapists; sources. to— (J) identify the effects of nurse emigration Mr. WYDEN. Mr. President, it has on the health care systems in their countries (1) provide assistance to individuals in been more than 200 years since Lewis rural areas who want to study nursing to en- of origin; and able such individuals to receive appropriate (K) recommendation for amendments to and Clark first laid eyes on Mount nursing education; Federal law that would minimize the effects Hood. Today, I propose, with Senator (2) promote the study of nursing at all edu- of health care shortages in the countries of SMITH, that the spectacular mountain, cational levels; origin from which immigrant nurses arrived; seen first by our pioneers, should be (3) establish additional slots for nursing (2) enter into a contract with the Institute preserved for all time. students at existing nursing education proof Medicine of the National Academy of The Lewis and Clark Mount Hood grams; and Sciences for the conduct of a study, and sub- Wilderness Act of 2007, which we intro- (4) establish new nursing education pro- mission of a report, to determine the level of duce today, is similar to the bill Sen- grams at institutions of higher education. Federal investment under titles VII and VIII MITH (c) APPLICATION.—To be eligible to receive of the Public Health Service Act (42 U.S.C. ator S and I introduced in the last a grant under the Pilot Program under sub- 292 and 296 et seq.) that is necessary to elimi- Congress. It does include several im- section (a), an entity shall submit to the nate the domestic nursing and physical ther- provements that came about from com- Secretary of Health and Human Services an apist shortage by the date that is not later ments and constructive suggestions

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00106 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2007 CONGRESSIONAL RECORD — SENATE S2089 from a variety of groups at home in Or- has increased significantly—25 percent The bill adds the areas surrounding egon. in Multnomah County, 24 percent in the oldest Mount Hood wilderness—the The legislation also includes input Hood River County, and 28 percent in mountain itself—which was designated from the Energy and Natural Re- Clackamas County. in the original Wilderness Act of 1964. sources Committee. We appreciate The predominant public use of this These additions include cathedral old their input and believe their views can urban forest is nonmechanized activi- growth forests, special trails, lava beds help speed the bill’s passage. ties such as hiking, camping, and fish- that were created during the Mount In tribute to the great river-depending. With increasing emphasis on wild Hood eruptions, and much of the leg- ent journey of Lewis and Clark, our scenery, unspoiled wildlife habitats, endary route that Oregon’s pioneers legislation adds nine free-flowing free-flowing rivers, wilderness, and the used when they came to our great stretches of rivers to the National Wild need for opportunities for diverse out- State. and Scenic River System. This reflects door recreation, sometimes it seems we To the north and west of the moun- the views of Oregonians, but, frankly, I are in jeopardy of loving our wild tain, we add the viewshed of the Co- hear it from folks in the Midwest, places to death. We all see Americans lumbia Gorge to the current Mark O. where the Presiding Officer lives, and coming together to make sure the most Hatfield Wilderness. These areas en- from people from every nook and cran- special places are protected for future compass the spectacular ridges that ny in this country who have all come generations. frame the gorge that we marvel at A few years ago, the Forest Service to treasure our spectacular mountain. from I–84 and include perhaps the made a proposal to limit the number of This legislation contains a number of greatest concentration of waterfalls in people who could hike on the south provisions of the original Mount Hood all of North America. legislation I introduced in 2004. The bill side of Mount Hood. Suffice it to say, the public outcry in opposition was To the southwest of the mountain, protects the lower elevation forests we add lands to the current Salmon surrounding Mount Hood and the Co- enormous. It seems to me, rather than tell people they are going to be re- Huckleberry Wilderness to conserve lumbia River Gorge as Lewis and Clark their diverse wildlife and protect saw them. These forests embody the stricted from using our public lands, part of the solution for Mount Hood unique recreational areas such as those natural beauty of our home State. around the extremely popular Mirror They provide the clean water necessary lies in providing more opportunities for them to enjoy the mountain’s great Lake. These lands include Alder Creek, for the survival of threatened the source of drinking water for the steelhead, Coho, and Chinook salmon. places. We ought to ensure that the Mount Hood National Forest can meet city of Sandy, and that city unani- They provide critical habitat and di- mously endorsed the draft proposal. verse ecosystems for elk, deer, lynx, the increased demand for outdoor expe- Over to the east are proposed addi- and the majestic bald eagle. These are riences, and the legislation I offer tions to the Badger Creek Wilderness the forests that provide unparalleled today with Senator SMITH provides area. These areas provide a critical recreational opportunities for Orego- these opportunities. Hundreds of people link between westside forests and nians and the scores and scores of visi- spoke at the public meetings I held eastside ecosystems. This area is tors we get from Minnesota and every throughout the State. I have received known for its spectacular colors in the other part of the country as well. 2,500 written comments urging addi- But the legislation I offer today with tional wilderness on Mount Hood. fall and the best deer and elk hunting in our entire Mount Hood National Senator SMITH differs from the bill I There are a few key areas the citizens introduced several years ago because it continually come back and refer to: Forest. responds to the many comments we First, by astonishing numbers, they Among the areas we are protecting is have heard. We have received thou- want to see additional wilderness on the newly designated Richard L. sands of comments on our proposed leg- Mount Hood. A large number of Orego- Kohnstamm Memorial area. It is dedi- islation. Some comments came as a re- nians didn’t think enough wilderness cated in honor of Mr. Kohnstamm who sult of the general public meetings I had been included, for example, in the restored the historic Timberline Lodge held at home in Oregon. Many of the legislation that was considered by the built originally by the Works Progress meetings lasted over 3 hours. Every- other body. Administration in 1937. Our new 2007 A second area is mountain biking. body who wanted to speak was given bill adds 2,730 acres of Marion County Some mountain bikers expressed con- the opportunity to do so. Other com- lands in the Bull of the Woods Wilder- cern that their recreation opportuni- ness Additions, while removing lands ments came from the second Mount ties not be unfairly curtailed. Senator Hood summit that was held at Timber- where users identified potential con- SMITH and I had many discussions with flicts. line Lodge, hosted by Congressmen them to ensure that would not be the WALDEN and BLUMENAUER. My staff and Second, in the area of wild and scenic case. rivers, we protect over 79 miles of wild I met with over 100 community groups Third, fire protection and forest and scenic rivers on nine free-flowing and local governments, the members of health was something referred to by rivers. This protects some of the most the Oregon congressional delegation, many Oregonians. Citizens were con- pristine rivers in our State. Among the Governor, and the Bush adminis- cerned about the health of the forest. those proposed rivers are the pictur- tration. More comments came from Those living in towns on the mountain esque waterfalls and glacial outwash of calls and letters from Oregonians who and the gorge were concerned about the East Fork of the Hood River, and are saying that now, now, now is the fire protection in their communities, the ancestral hunting and fishing time to preserve Mount Hood. and we sought to address those issues grounds of Fish Creek. Over 17 miles of Overwhelmingly, these comments as well. have urged that we build on Oregon’s An additional concern was developed extraordinary salmon and steelhead wilderness system. This goal is as im- recreation, with some citizens worried habitat on the Collowash River have portant today as it was in 1804, when about maintaining a role for developed also been added for protection under Lewis and Clark first viewed Mount recreation, such as skiing, on Mount our legislation. Hood; in 1964, when the Wilderness Act Hood. Mountain biking is an area where was passed; or in 1984, when wilderness In each of these areas, Senator SMITH there has been a lot of debate. We be- protections were last designated on and I tried to follow up and be respon- lieved the local riders raised valid con- Mount Hood. It is time to plan now to sive to what citizens at home were say- cerns, and we took two steps. First, we protect this treasure for future genera- ing. proposed the Mount Hood National tions. With respect to additional wilder- Recreation Area. This area was so pop- The Mount Hood National Forest is ness, there are currently 189,200 acres ular in our last bill that Senator SMITH the seventh most visited national for- of designated wilderness in the Mount and I decided to greatly expand it to est in our country. In the 22 years that Hood National Forest. This bill in- include 34,640 acres, an increase of over have elapsed since any new wilderness creases wilderness on Mount Hood by 16,000 additional acres. It is going to has been designated on Mount Hood, designating approximately 128,000 acres offer permanent environmental protec- the population in the local counties of new wilderness. tion to those beautiful areas, while

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00107 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2090 CONGRESSIONAL RECORD — SENATE February 15, 2007 providing mountain bikers, rec- troducing this legislation. We believe Many of the meetings lasted over 3 reational users, and others an oppor- this brings together our county com- hours, and everyone who wanted to tunity to enjoy recreation on the missioners, entrepreneurs, environ- speak was given an opportunity to do mountain. mentalists, Chamber of Commerce, so. Other comments came from the sec- Additionally, I made boundary ad- State-elected officials, the Governor. ond Mount Hood Summit held at Tim- justments to ensure that all open All of those who feel so strongly about berline Lodge hosted by Representa- mountain biking trails were not in- protecting Mount Hood rolled up their tives WALDEN and BLUMENAUER. I and cluded in this proposed legislation. sleeves, went to work, and joined my- my staff met with over 100 community With respect to fire protection and self and Senator SMITH to try to find groups and local governments, the forest health, we tried to make clear common ground to make sure that members of the Oregon congressional that where there are healthy, older Mount Hood would be protected for all delegation, the Governor, and the Bush trees, they should not be harvested on time. administration. And still more com- Mount Hood or in the gorge. Older We are looking forward to perfecting ments came from letters and phone healthy stands are most resistant to the legislation together in the coming calls from Oregonians. fire and disease. However, there is an weeks and looking forward to seeing a Overwhelmingly, these comments enormous backlog of overcrowded plan- swift adoption by Congress. urged me to protect and build on Or- tation, second growth that really The grandeur of Mount Hood and our egon’s Wilderness system. This goal is ought to be thinned. The legislation in- special treasures is pretty much in the as important today as it was in 1804, cludes provisions that would give the chromosomes of Oregonians. Pro- when Lewis and Clark first viewed Forest Service a mandate to prepare an tecting our treasures is something Mount Hood, 1964, when the Wilderness assessment for promoting forests resil- about which we feel so strongly. Today Act was passed, or 1984, when wilder- ient to fire, insects, and disease. This is a special day for us because, once ness protections were last designated also includes provisions to study and again, the citizens of our State have on Mount Hood—if not more so. To suc- encourage the development of biomass come together and have worked with ceed, we must provide the tools that in conjunction with forest health work. myself and Senator SMITH to take ac- help us create a planned future on We happen to think that biomass is tion to protect our treasures. Mount Hood. This bill does both. Mr. President, Oregon’s Mount Hood one of the most exciting new fields for The Mount Hood National Forest is is a cherished State treasure. This wild Oregonians to get into. The oppor- the seventh most visited National For- place is often photographed, visited tunity to generate clean energy, help est in the United States. In the 22 years and enjoyed by scores of Oregonians small rural communities, create family that have elapsed since any new wilder- and non-Oregonians. Today, I am intro- wage jobs, is something that we should ness has been designated in the Mount ducing, along with my colleague Sen- not miss out on. This legislation tries Hood area, the population in local ator SMITH, a bi-partisan Oregon Wil- to tap the potential for progress in the counties has increased significantly—25 derness bill: the ‘‘Lewis and Clark biomass field as well. percent in Multnomah County, 24 per- Mount Hood Wilderness Act of 2007.’’ Finally, we add fire-safe community cent in Hood River County, and 28 per- This bill is similar to the one Senator zones so that the Secretary of Agri- cent in Clackamas County. culture will construct a system of fire- SMITH and I introduced in the last Con- The predominant public use of this safe buffer zones around the commu- gress, but it includes several improve- urban forest is non-mechanized activ- nities of Cascade Locks and Govern- ments that resulted from comments re- ity like hiking, camping, and fishing. ment Camp. ceived from stakeholders. The bill also With increasing emphasis on wild sce- With respect to developed recreation, includes input from the Energy and nery, unspoiled wildlife habitats, free we wanted to facilitate recreational Natural Resources Committee, which flowing rivers, wilderness and the need opportunities in this area and thus we hope will help speed the bill’s pas- for opportunities for diverse outdoor adopted a provision that came from the sage. In tribute to the great river- recreation, sometimes it seems we are other body known as ‘‘fee retention’’ dependent journey of Lewis and Clark, in jeopardy of ‘‘loving our wild places that would establish a special account our legislation adds nine free-flowing to death.’’ for the Mount Hood National Forest. stretches of rivers to the National Wild In addition, in order to help address and Scenic River System. This reflects A few years ago, the Forest Service growth while ensuring access to rec- the Oregonian wish to protect but also made a proposal to limit the number of reational opportunities, we have adopt- actively experience our State’s treas- people that could hike the south side of ed provisions originally coming, again, ures. Mount Hood and the public outcry was from language from the other body di- This bill contains many elements of enormous. Seems to me, rather than recting the Secretary of Agriculture the Mount Hood bill I introduced in tell people that they are going to be re- and the State of Oregon to develop an 2004, while also incorporating many stricted from using our public lands, integrated transportation plan for the new provisions to protect and improve part of the solution for the future of Mount Hood region. the Mount Hood region. This bill pro- the Mountain lies in providing more I commend particularly my colleague tects the lower elevation forests sur- opportunities for them to enjoy the in the other body, Congressman BLU- rounding Mount Hood and the Colum- Mountain’s great places. We should en- MENAUER, one of the real pioneers in bia River Gorge as Lewis and Clark saw sure the Mount Hood National Forest thinking about transportation. them. These forests embody the nat- can meet the increased use and demand Finally, with respect to key relation- ural beauty of Oregon. They provide for outdoor experiences—my bill will ships with our tribes and our local gov- the clean water necessary for the sur- provide those opportunities. ernmental bodies, we have incor- vival of threatened steelhead, Coho and Of the hundreds of people who at- porated provisions on local and tribal Chinook salmon. These forests provide tended the meetings I held throughout relationships, emphasizing the rich his- critical habitat and diverse ecosystems the State of Oregon, the vast majority tory of the Mount Hood area and af- for elk, deer, lynx and the majestic spoke in favor of more wilderness. Ad- firming the rights of Native peoples to bald eagle. And these are the forests ditionally, I have received more than access the mountains as they have for that provide unparalleled recreational 2,500 written comments supporting ad- generations. opportunities for Oregonians and our ditional wilderness for Mount Hood. The protections of these important visitors. This is what I have heard: First and Oregon places is going to depend on the But the bill I introduce today differs foremost, I heard that Oregonians in hard work and dedication of all Orego- from the bill I introduced 2 years ago astonishing numbers support pro- nians. I am very pleased—I am sum- because it responds to the many com- tecting Mount Hood and the Columbia ming up, and the Senate has been pa- ments I heard in the ensuing years. I River Gorge with additional wilder- tient in giving me this extra time—to received thousands of comments on ness. A large number of Oregonians say that this has been a bipartisan ef- proposed Mount Hood legislation. Some didn’t think that enough wilderness fort by the Oregon congressional dele- comments came as a result of the gen- areas had been included in the House gation. Senator SMITH joins me in in- eral public meetings I held in Oregon. proposal.

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00108 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2007 CONGRESSIONAL RECORD — SENATE S2091 Some mountain bikers expressed con- I believe that local riders raised some I ask unanimous consent that the cerns that their recreation opportuni- valid concerns, so I did two things. I text of the bill be printed in the ties not be unfairly curtailed. have proposed Mount Hood National RECORD. Some people were worried about for- Recreation Area. This area was so pop- There being no objection, the mate- est health, and those living in towns on ular in our last bill that Senator SMITH rial was ordered to be printed in the the mountain and in the gorge were and I decided to greatly expand it to Record, as follows: concerned about fire protection for include 34,640 acres—an increase of S. 647 their communities. over 16,700 acres. It will offer greater, Be it enacted by the Senate and House of Rep- Some people were worried about permanent environmental protections resentatives of the United States of America in maintaining a role for developed recre- to those beautiful areas, while pro- Congress assembled, ation, like skiing, on Mt. Hood. viding mountain bikers and other rec- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. This is what my bill does to address reational users an opportunity to con- (a) SHORT TITLE.—This Act may be cited as those concerns: There are currently tinue to recreate in these areas. Addi- the ‘‘Lewis and Clark Mount Hood Wilder- l89,200 acres of designated wilderness in tionally, I made boundary adjustments ness Act of 2007’’. the Mount Hood National Forest. This to ensure all open mountain biking (b) TABLE OF CONTENTS.—The table of con- bill increases wilderness on Mount trails were not included in my proposed tents of this Act is as follows: Hood by designating approximately wilderness. Sec. 1. Short title; table of contents. 128,600 new acres of wilderness. I protect wilderness, where there are Sec. 2. Definitions. This bill adds the areas surrounding healthy, older trees that should never TITLE I—DESIGNATION OF WILDERNESS the oldest Mt. Hood Wilderness—the be harvested on Mount Hood or in the AREAS mountain itself—which was designated Gorge. Older, healthy stands are the Sec. 101. Designation of Lewis and Clark in the original Wilderness Act of 1964. most resistant to fire and disease. How- Mount Hood wilderness areas. These additions include cathedral old ever, there is an enormous backlog of Sec. 102. Richard L. Kohnstamm Memorial growth forests, the historic Tilly Jane over-crowded, plantation, second- Area. trail, lava beds that were created dur- growth that should be thinned. My bill Sec. 103. Map and legal descriptions. ing the Mt. Hood eruptions, and much includes provisions that would give the Sec. 104. Administration. Sec. 105. Buffer zones. of the legendary route that Oregon’s Forest Service a mandate to prepare an pioneers used when they were settling Sec. 106. Fire safe community zones. assessment for promoting forests resil- Sec. 107. Fish and wildlife; hunting and fish- our great State. To the north and west ient to fire, insects and disease. This ing. of the mountain, I would add the also includes provisions to study and Sec. 108. Fire, insects, and diseases. viewshed of the Columbia Gorge to the encourage the development of biomass Sec. 109. Land reclassification. current Mark O. Hatfield wilderness. in conjunction with forest health work. Sec. 110. Valid existing rights and with- These areas encompass the spectacular In addition, I added fire safe commu- drawal. ridges framing the Gorge that we all nity zones so that the Secretary will Sec. 111. Maintenance and replacement of foot bridges in wilderness areas. marvel at from 1–84 and include per- construct a system of fire safe buffer haps the greatest concentration of wa- zones around the communities of Cas- TITLE II—DESIGNATION OF STREAMS terfalls in North America. To the cade Locks and Government Camp. FOR WILD AND SCENIC RIVER PROTEC- TION IN THE MOUNT HOOD AREA southwest of the mountain I add lands In order to facilitate developed recre- to the current Salmon Huckleberry ation opportunities, I have adopted the Sec. 201. Purpose. Wilderness to conserve their diverse House provisions establishing a ‘‘fee- Sec. 202. Wild and Scenic River designations, Mount Hood National wildlife and protect unique rec- retention’’ provision that will establish reational areas like those around pop- Forest. an account for the Mount Hood Na- Sec. 203. Impact on water rights and flow re- ular Mirror Lake. These lands include tional Forest. In addition, in order to quirements. Alder Creek, the source of drinking help address growth while ensuring ac- Sec. 204. Culvert replacement. water for the City of Sandy, which cess to recreational opportunities, I Sec. 205. Protection for Hood River, Oregon. unanimously endorsed the draft pro- have adopted provisions, originally TITLE III—MOUNT HOOD NATIONAL posal. Over to the east are proposed ad- coming from the language passed in RECREATION AREA ditions to the Badger Creek Wilderness. the House last Congress, directing the Sec. 301. Designation. These areas provide a critical link be- Secretary and the State of Oregon to TITLE IV—TRANSPORTATION AND tween Westside forests and Eastside develop an integrated transportation COMMUNICATION SYSTEMS ecosystems. This area is known for plan for the Mount Hood region. Sec. 401. Definition of Mount Hood region. beautiful fall color and the best deer I have also incorporated provisions Sec. 402. Transportation plan. and elk hunting in the entire Mount on local and tribal relationships em- Sec. 403. Study relating to gondola connec- Hood National Forest. Among the phasizing the rich history of the Mount tion and intermodal transpor- areas we are protecting is the newly Hood region and affirming the rights of tation center. designated Richard L. Kohnstamm Me- Native peoples to access the moun- Sec. 404. Burial of power lines. morial Area. It is dedicated in honor of tain’s resources, as they have for gen- Sec. 405. Clarification of treatment of State Mr. Kohnstamm who restored the his- erations. highways. toric Timberline Lodge—built origi- The protection of these important TITLE V—LAND EXCHANGE nally by the Works Progress Adminis- Oregon places will depend on the hard Subtitle A—Cooper Spur-Government Camp tration in 1937—to its former grandeur. work and dedication of all Oregonians Land Exchange Our new 2007 bill adds 2730 acres of and particularly that of my Oregon col- Sec. 501. Purposes. Marion County lands in the Bull of the leagues here in the Congress. I am es- Sec. 502. Definitions. Woods Wilderness Additions, while re- pecially pleased that Senator SMITH Sec. 503. Cooper Spur-Government Camp land exchange. moving lands where users identified po- has joined me in developing this bipartisan legislation and putting forth our Sec. 504. Concessionaires at the Inn at Coo- tential conflicts. per Spur and the Cooper Spur My proposal seeks to protect over proposal for wilderness. I am hopeful Ski Area. everyone will pull together: county 79.6 miles of wild and scenic rivers on Subtitle B—Port of Cascade Locks Land nine free flowing rivers. This includes Commissioners, environmentalists, en- Exchange trepreneurs, chambers of commerce, some of the most pristine and beautiful Sec. 511. Definitions. rivers in Oregon. Among those pro- State elected officials, the Governor, Sec. 512. Land exchange, Port of Cascade posed rivers are the picturesque water- and the Oregon delegation here in the Locks-Pacific Crest National falls and glacial outwash of the East Capitol. I look forward to perfecting Scenic Trail. Fork of the Hood River, and the ances- legislation together in the coming Subtitle C—Hunchback Mountain Land tral hunting and fishing grounds of weeks, and seeing its swift adoption by Exchange and Boundary Adjustment Fish Creek. Over 17 miles of superb Congress thereafter. Then the grandeur Sec. 521. Definitions. salmon and steelhead habitat on the of Mount Hood and other Oregon treas- Sec. 522. Hunchback Mountain land ex- Collowash River have also been pro- ures can be assured for future genera- change, Clackamas County. posed for protection. tions. Sec. 523. Boundary adjustment.

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TITLE VI—MOUNT HOOD NATIONAL FOR- Forest Service, comprising approximately (1) IN GENERAL.—The memorial area shall EST AND WATERSHED STEWARDSHIP 9,814 acres, as generally depicted on the map consist of land located within the boundary Sec. 601. Findings and purpose. entitled ‘‘Bull of the Woods’’, dated February depicted on the map entitled ‘‘Richard L. Sec. 602. Forest stewardship assessment. 2007, which is incorporated in, and considered Kohnstamm Wilderness’’, dated February Sec. 603. Sustainable biomass utilization to be a part of, the Bull of the Woods Wilder- 2007. study. ness, as designated by section 3(4) of the Or- (2) AVAILABILITY OF MAP.—The map shall Sec. 604. Watershed management memo- egon Wilderness Act of 1984 (16 U.S.C. 1132 be on file and available for public inspection randa of understanding. note; 98 Stat. 273). in the appropriate offices of the Forest Serv- Sec. 605. Termination of authority. (3) CLACKAMAS WILDERNESS.—Certain Fed- ice. eral land managed by the Forest Service and TITLE VII—CRYSTAL SPRINGS WATER- SEC. 103. MAP AND LEGAL DESCRIPTIONS. Bureau of Land Management, comprising ap- SHED SPECIAL RESOURCES MANAGE- (a) IN GENERAL.—As soon as practicable proximately 11,532 acres, as generally de- MENT UNIT after the date of enactment of this Act, the picted on the maps entitled ‘‘Clackamas Secretary shall file a map entitled ‘‘Lewis Sec. 701. Findings and purpose. Canyon’’, ‘‘Big Bottom’’, ‘‘Memaloose Lake’’, and Clark Mount Hood Wilderness Additions Sec. 702. Establishment of Crystal Springs ‘‘South Fork Clackamas’’, ‘‘Sisi Butte’’, and of 2007’’, dated February 2007, and a legal de- Watershed Special Resources ‘‘Upper Big Bottom’’, dated February 2007, scription of each wilderness area designated Management Unit. which shall be known as the ‘‘Clackamas by this title, with— Sec. 703. Administration of Management Wilderness’’. (1) the Committee on Energy and Natural Unit. (4) MARK O. HATFIELD WILDERNESS ADDI- Resources of the Senate; and Sec. 704. Acquisition of lands. TIONS.—Certain Federal land managed by the (2) the Committee on Natural Resources of Sec. 705. Effective date. Forest Service, comprising approximately the House of Representatives. TITLE VIII—LOCAL AND TRIBAL 25,807 acres, as generally depicted on the (b) FORCE OF LAW.—The map and legal de- RELATIONSHIPS maps entitled ‘‘Gorge Face’’ and ‘‘Larch scriptions filed under subsection (a) shall Sec. 801. Findings and purpose. Mountain’’, dated February 2007, which shall have the same force and effect as if included Sec. 802. First foods gathering areas. be known as the ‘‘Mark O. Hatfield Wilder- in this Act, except that the Secretary may Sec. 803. Forest Service coordination with ness Additions’’. correct typographical errors in the map and State and local governments. (5) MOUNT HOOD WILDERNESS ADDITIONS.— each legal description. Sec. 804. Savings provisions regarding rela- Certain Federal land managed by the Forest (c) PUBLIC AVAILABILITY.—Each map and tions with Indian tribes. Service, comprising approximately 20,230 legal description filed under subsection (a) Sec. 805. Improved natural disaster pre- acres, as generally depicted on the maps en- shall be on file and available for public in- paredness. titled ‘‘Elk Cove/Mazama’’, ‘‘Sandy Addi- spection in the appropriate offices of the TITLE IX—RECREATION tions’’, ‘‘Tilly Jane’’, ‘‘Sand Canyon’’, ‘‘Twin Forest Service and Bureau of Land Manage- ment. Sec. 901. Findings and purpose. Lakes’’, ‘‘Barlow Butte’’, ‘‘White River’’, and ‘‘Richard L. Kohnstamm Memorial Area’’, (d) DESCRIPTION OF LANDS.—The boundaries Sec. 902. Retention of Mount Hood National of the areas designated as wilderness by sec- Forest land use fees from spe- dated February 2007, which are incorporated in, and considered to be a part of, the Mount tion 101 where generally depicted on the map cial use authorizations. as immediately adjacent to a utility right of Sec. 903. Use of funds in special account to Hood Wilderness as designated under section 3(a) of the Wilderness Act (16 U.S.C. 1132(a)), way or a Federal Energy Regulatory Com- support recreation. mission project boundary shall be 100 feet Sec. 904. Annual reporting requirement. and enlarged by section 3(d) of the Endan- gered American Wilderness Act of 1978 (16 from the boundary of the right of way. Sec. 905. Mount Hood National Forest Rec- SEC. 104. ADMINISTRATION. reational Working Group. U.S.C. 1132 note; 92 Stat. 43). (6) ROARING RIVER WILDERNESS.—Certain (a) IN GENERAL.—Subject to valid existing Sec. 906. Consideration of conversion of for- rights, each area designated as wilderness by est roads to recreational uses. Federal land managed by the Forest Service, comprising approximately 37,590 acres, as this Act shall be administered by the Sec- Sec. 907. Improved trail access for persons retary in accordance with the Wilderness Act with disabilities. generally depicted on the map entitled ‘‘Roaring River Wilderness’’, dated February (16 U.S.C. 1131 et seq.), except that— TITLE X—AUTHORIZATION OF 2007, which shall be known as the ‘‘Roaring (1) any reference in that Act to the effec- APPROPRIATIONS River Wilderness’’. tive date shall be considered to be a ref- Sec. 1001. Authorization of appropriations. (7) SALMON-HUCKLEBERRY WILDERNESS ADDI- erence to the date of enactment of this Act; SEC. 2. DEFINITIONS. TIONS.—Certain Federal land managed by the and In this Act: Forest Service, comprising approximately (2) any reference in that Act to the Sec- (1) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 16,704 acres, as generally depicted on the retary of Agriculture shall be considered to has the meaning given the term in section 4 maps entitled ‘‘Alder Creek Addition’’, be a reference to the Secretary that has ju- of the Indian Self-Determination and Edu- ‘‘Eagle Creek Addition’’, ‘‘Mirror Lake’’, risdiction over the wilderness. cation Assistance Act (25 U.S.C. 450b). ‘‘Inch Creek’’, ‘‘Salmon River Meadows’’, and (b) CONSISTENT INTERPRETATION TO THE PUBLIC.—Notwithstanding their separate ju- (2) MOUNTAIN BIKE.—The term ‘‘mountain ‘‘Hunchback Mountain’’, dated February bike’’ does not include a motorized vehicle. 2007, which are incorporated in, and consid- risdictions, the Secretary of Agriculture and the Secretary of the Interior shall collabo- (3) SECRETARY.—The term ‘‘Secretary’’ ered to be a part of, the Salmon-Huckleberry means— Wilderness, as designated by section 3(2) of rate to ensure that the wilderness areas des- (A) when used in reference to Forest Serv- the Oregon Wilderness Act of 1984 (16 U.S.C. ignated by this title, if appropriate, are in- ice land, the Secretary of Agriculture; and 1132 note; 98 Stat. 273). terpreted for the public as an overall complex related by— (B) when used in reference to Bureau of (8) LOWER WHITE RIVER WILDERNESS.—Cer- Land Management land, the Secretary of the tain Federal land managed by the Forest (1) common location in the Mount Hood- Interior. Service and Bureau of Land Management, Columbia River Gorge region; (2) the abundant history of Native Amer- (4) STATE.—The term ‘‘State’’ means the comprising approximately 2,844 acres, as gen- State of Oregon. erally depicted on the map entitled ‘‘Lower ican use; White River’’, dated February 2007, which (3) the epic journey of Lewis and Clark; TITLE I—DESIGNATION OF WILDERNESS (4) the pioneer settlement and growth of AREAS shall be known as the ‘‘Lower White River Wilderness’’. the State; and SEC. 101. DESIGNATION OF LEWIS AND CLARK (5) water sources for more than 40 percent MOUNT HOOD WILDERNESS AREAS. SEC. 102. RICHARD L. KOHNSTAMM MEMORIAL AREA. of the residents of the State. In accordance with the Wilderness Act (16 (c) INCORPORATION OF ACQUIRED LAND AND (a) DESIGNATION.—Certain Federal land U.S.C. 1131 et seq.), the following areas in the managed by the Forest Service, as generally INTERESTS.—Any land within the boundary State are designated as wilderness areas and depicted on the map entitled ‘‘Richard L. of a wilderness area designated by this Act as components of the National Wilderness Kohnstamm Wilderness’’, dated February that is acquired by the Federal Government Preservation System: 2007, and including approximately 157 acres shall— (1) BADGER CREEK WILDERNESS ADDITIONS.— of designated wilderness, as generally de- (1) become part of the wilderness area in Certain Federal land managed by the Forest picted on the map entitled ‘‘Richard L. which the land is located; and Service, comprising approximately 4,139 Kohnstamm Wilderness’’, dated February (2) be managed in accordance with this acres, as generally depicted on the maps en- 2007, shall be known and designated as the Act, the Wilderness Act (16 U.S.C. 1131 et titled ‘‘Badger Creek’’ and ‘‘Bonney Butte’’, ‘‘Richard L. Kohnstamm Wilderness’’. seq.), and any other applicable law. dated February 2007, which are incorporated (b) REFERENCES.—Any reference in a law, (d) WILDERNESS AREAS DESIGNATED IN NA- in, and considered to be a part of, the Badger map, regulation, document, paper, or other TIONAL RECREATION AREAS.—Any portion of a Creek Wilderness, as designated by section record of the United States to an area de- wilderness area designated by section 101(a) 3(3) of the Oregon Wilderness Act of 1984 (16 scribed in subsection (a) shall be deemed to that is located within a national recreation U.S.C. 1132 note; 98 Stat. 273). be a reference to the Richard L. Kohnstamm area shall be administrated in accordance (2) BULL OF THE WOODS WILDERNESS ADDI- Wilderness. with the Wilderness Act (16 U.S.C. 1131 et TION.—Certain Federal land managed by the (c) BOUNDARY.— seq.).

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00110 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2007 CONGRESSIONAL RECORD — SENATE S2093 SEC. 105. BUFFER ZONES. (A) the land described in subsection (a) as waters to the Mount Hood Wilderness bound- (a) IN GENERAL.—As provided in the Oregon public domain land that is not subject to sec- ary, to be administered by the Secretary of Wilderness Act of 1984 (16 U.S.C. 1132 note; tion 201 of the Act of August 28, 1937 (43 Agriculture as a wild river. Public Law 98–328), Congress does not intend U.S.C. 1181f); and ‘‘(175) FIFTEENMILE CREEK.— for designation of wilderness areas in the (B) the land described in this subsection as ‘‘(A) IN GENERAL.—The 11.1-mile segment of State under this title to lead to the creation Oregon and California Railroad Land that is Fifteenmile Creek from its source at Senecal of protective perimeters or buffer zones subject to the Act of August 28, 1937 (43 Spring to the eastern edge of the northwest around each wilderness area. U.S.C. 1181a et seq.). quarter of section 20, township 2 south, range CTIVITIES OR SES UP TO OUND (b) A U B - SEC. 110. VALID EXISTING RIGHTS AND WITH- 12 east, to be administered by the Secretary ARIES.—The fact that nonwilderness activi- DRAWAL. of Agriculture in the following classes: ties or uses can be seen or heard from within Subject to valid rights in existence on the ‘‘(i) the 2.6-mile segment from its source at a wilderness area shall not, of itself, preclude date of enactment of this Act, the Federal Senecal Spring to the Badger Creek Wilder- the activities or uses up to the boundary of land designated as wilderness by this Act is ness boundary, as a wild river; the wilderness area. withdrawn from all forms of— ‘‘(ii) the 0.4-mile segment from the Badger SEC. 106. FIRE SAFE COMMUNITY ZONES. (1) entry, appropriation, or disposal under Creek Wilderness boundary to the point 0.4 Consistent with the Mount Hood National the public land laws; miles downstream, as a scenic river; Forest Management Plan and the Healthy (2) location, entry, and patent under the ‘‘(iii) the 7.9-mile segment from the point Forests Restoration Act of 2003 (16 U.S.C. mining laws; and 0.4 miles downstream of the Badger Creek 6501 et seq.), the Secretary shall construct a (3) disposition under all laws pertaining to Wilderness boundary to the western edge of strategic system of defensible fuel profile mineral and geothermal leasing or mineral section 20, township 2 south, range 12 east as zones (including shaded fuelbreaks, thinning, materials. a wild river; and individual tree selection, and other methods SEC. 111. MAINTENANCE AND REPLACEMENT OF ‘‘(iv) the 0.2-mile segment from the west- of vegetation management) between the wil- FOOT BRIDGES IN WILDERNESS ern edge of section 20, township 2 south, derness boundary and the community bound- AREAS. range 12 east, to the eastern edge of the ary around Cascade Locks and Government (a) IN GENERAL.—In the case of each wil- northwest quarter of the northwest quarter Camp. derness area designated or expanded by sec- of section 20, township 2 south, range 12 east SEC. 107. FISH AND WILDLIFE; HUNTING AND tion 102, it is the intent of Congress that the as a scenic river. FISHING. Secretary be able to provide for— ‘‘(B) INCLUSIONS.—Notwithstanding section As provided in section 4(d)(7) of the Wilder- (1) the maintenance of any foot bridge 3(b) of this Act, the lateral boundaries of ness Act (16 U.S.C. 1133(d)(7)), nothing in this crossing located in a wilderness area; and both the wild river area and the scenic river section shall be construed as affecting the (2) when needed, the replacement of the area along Fifteenmile Creek shall include jurisdiction or responsibilities of the State foot bridge crossings to ensure public access an average of not more than 640 acres per with respect to fish and wildlife in the State. and safety. mile measured from the ordinary high water SEC. 108. FIRE, INSECTS, AND DISEASES. (b) MINIMUM TOOL POLICIES.—The Sec- mark on both sides of the river. As provided in section 4(d)(1) of the Wilder- retary shall carry out foot bridge replace- ‘‘(176) EAST FORK HOOD RIVER.—The 13.5- ness Act (16 U.S.C. 1133(d)(1)), within the wil- ment and maintenance work under sub- mile segment of the East Fork Hood River derness areas designated by this Act, the section (a) subject to the minimum require- from Oregon State Highway 35 to the Mount Secretary of Agriculture (in collaboration ment for the administration of the area. Hood National Forest boundary, to be ad- with the Secretary of the Interior, where ap- ministered by the Secretary of Agriculture propriate) may take such measures as are TITLE II—DESIGNATION OF STREAMS FOR necessary to control fire, insects, and dis- WILD AND SCENIC RIVER PROTECTION as a recreational river. eases, subject to such terms and conditions IN THE MOUNT HOOD AREA ‘‘(177) COLLAWASH RIVER.—The 17.8-mile as the Secretary of Agriculture (in collabo- SEC. 201. PURPOSE. segment of the Collawash River from the ration with the Secretary of the Interior The purpose of this title is to designate ap- headwaters of the East Fork Collawash to where appropriate) determines to be desir- proximately 81 miles of waterways in the the confluence of the mainstream of the able and appropriate. Mount Hood National Forest as additions to Collawash River with the Clackamas River, to be administered in the following classes: SEC. 109. LAND RECLASSIFICATION. the National Wild and Scenic Rivers System. ‘‘(A) the 11.0-mile segment from the head- (a) OREGON AND CALIFORNIA RAILROAD SEC. 202. WILD AND SCENIC RIVER DESIGNA- waters of the East Fork Collawash River to LAND.—Not later than 180 days after the date TIONS, MOUNT HOOD NATIONAL of enactment of this Act, the Secretary of FOREST. Buckeye Creek, as a scenic river; and Agriculture and the Secretary of the Interior Section 3(a) of the Wild and Scenic Rivers ‘‘(B) the 6.8-mile segment from Buckeye shall identify any Oregon and California Act (16 U.S.C. 1274(a)) is amended— Creek to the Clackamas River, as a rec- Railroad Land that is subject to section 201 (1) by redesignating paragraph (167) (relat- reational river. of the Act of August 28, 1937 (43 U.S.C. 1181f), ing to the Musconetcong River, New Jersey) ‘‘(178) FISH CREEK.—The 13.5-mile segment within the boundary of the Clackamas Wil- as paragraph (169); of Fish Creek from its headwaters to the derness, as generally depicted on the map en- (2) by designating the undesignated para- confluence with the Clackamas River, to be titled ‘‘South Fork Clackamas’’, dated Feb- graph relating to the White Salmon River, administered by the Secretary of Agriculture ruary 2007. Washington, as paragraph (167); as a recreational river.’’. (b) PUBLIC DOMAIN LAND.— (3) by designating the undesignated para- SEC. 203. IMPACT ON WATER RIGHTS AND FLOW (1) DEFINITION OF PUBLIC DOMAIN LAND.—In graph relating to the Black Butte River, REQUIREMENTS. this section, the term ‘‘public domain California, as paragraph (168); and (a) RELATION TO EXISTING REQUIREMENTS.— land’’— (4) by adding at the end the following: Congress does not intend for the designation (A) has the meaning given the term ‘‘pub- ‘‘(170) SOUTH FORK CLACKAMAS RIVER.—The of any portion of the Hood River under sec- lic land’’ in section 103 of the Federal Land 4.2-mile segment of the South Fork tion 3(a) of the Wild and Scenic Rivers Act Policy and Management Act of 1976 (43 Clackamas River from its confluence with (16 U.S.C. 1274(a)), as amended by this Act, to U.S.C. 1702); and the East Fork of the South Fork Clackamas have any impact on any water right or flow (B) does not include any land managed to its confluence with the Clackamas River, requirement relating to— under the Act of August 28, 1937 (43 U.S.C. to be administered by the Secretary as a (1) the Middle Fork Irrigation District; 1181a et seq.). wild river. (2) the East Fork Irrigation District; or (2) IDENTIFICATION.—Not later than 180 ‘‘(171) EAGLE CREEK.—The 8.3-mile segment (3) the Mt. Hood Meadows Ski Resort. days after the date of enactment of this Act, of Eagle Creek from its headwaters to the (b) EXCLUSION OF OPERATIONAL AREAS.— the Secretary of the Interior shall identify Mount Hood National Forest boundary, to be Congress does not intend for the designation public domain land within the State that— administered by the Secretary of Agriculture of any portion of the Hood River under sec- (A) is approximately equal in acreage of as a wild river. tion 3(a) of the Wild and Scenic Rivers Act land described in subsection (a); and ‘‘(172) MIDDLE FORK HOOD RIVER.—The 3.7- (16 U.S.C. 1274(a)), as amended by this Act, to (B) would be appropriate for administra- mile segment of the Middle Fork Hood River include any portion of the operational area tion in accordance with the Act of August 28, from the confluence of Clear and Coe of— 1937 (43 U.S.C. 1181a et seq.). Branches to the north section line of section (1) the Middle Fork Irrigation District; (3) MAPS.—Not later than 180 days after the 11, township 1 south, range 9 east, to be ad- (2) the East Fork Irrigation District; or date of enactment of this Act, the Secretary ministered by the Secretary of Agriculture (3) the Mt. Hood Meadows Ski Resort. of the Interior shall submit to Congress and as a scenic river. publish in the Federal Register, 1 or more ‘‘(173) SOUTH FORK ROARING RIVER.—The 4.6- SEC. 204. CULVERT REPLACEMENT. maps depicting the land identified under sub- mile segment of the South Fork Roaring Culvert replacement carried out by the sections (a) and this subsection. River from its headwaters to its confluence Forest Service or the Bureau of Land Man- (4) RECLASSIFICATION.—After providing an with Roaring River, to be administered by agement to improve fish passage and the opportunity for public comment, the Sec- the Secretary of Agriculture as a wild river. ecology of the wilderness designated by this retary of the Interior shall administratively ‘‘(174) ZIG ZAG RIVER.—The 2.9-mile seg- Act shall not be considered water and re- reclassify— ment of the Zig Zag River from its head- source development.

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SEC. 205. PROTECTION FOR HOOD RIVER, OR- (1) Mount Hood and the other land located (f) AUTHORIZATION OF APPROPRIATIONS.— EGON. adjacent to the mountain; There is authorized to be appropriated to Section 13(a)(4) of the ‘‘Columbia River (2) any segment of the Oregon State High- carry out this section $2,000,000. Gorge National Scenic Area Act’’ (16 U.S.C. way 26 corridor that is located in or near SEC. 403. STUDY RELATING TO GONDOLA CON- 544k(a)(4)) is amended by striking ‘‘for a pe- Mount Hood National Forest; NECTION AND INTERMODAL TRANS- riod not to exceed twenty years from the (3) any segment of the Oregon State High- PORTATION CENTER. date of enactment of this Act,’’. way 35 corridor that is located in or near (a) FEASIBILITY STUDY.—The Oregon De- TITLE III—MOUNT HOOD NATIONAL Mount Hood National Forest; partment of Transportation, along with the RECREATION AREA (4) each other road of the Forest Service, participation of the Secretary, shall carry SEC. 301. DESIGNATION. State, or county that is located in and near out a study of the feasibility of estab- (a) DESIGNATION.—In order to best provide Mount Hood National Forest; and lishing— for the protection, preservation, and en- (5) any gateway community located adja- (1) a gondola connection that— hancement of its recreational, ecological, cent to any highway or road described in (A) connects Timberline Lodge to Govern- scenic, watershed, and fish and wildlife val- paragraph (2), (3), or (4). ment Camp; and ues, there is hereby established the Mount SEC. 402. TRANSPORTATION PLAN. (B) is located in close proximity to the site Hood National Recreation Area within the (a) IN GENERAL.—The Secretary shall par- of the historic gondola corridor; and Mount Hood National Forest. ticipate with the State, local governments, (2) an intermodal transportation center to (b) BOUNDARY.—The Mount Hood National and other Federal agencies in the develop- be located in close proximity to Government Recreation Area shall consist of land located ment of an integrated, multimodal transpor- Camp. within the boundary depicted on the map en- tation plan for the Mount Hood region to (b) CONSIDERATION OF MULTIPLE SITES.—In titled ‘‘Mount Hood National Recreation achieve comprehensive solutions to trans- carrying out the feasibility study under sub- Area’’ and dated February 2007. portation challenges in the Mount Hood re- section (a), the Secretary may consider 1 or (c) AVAILABILITY OF MAP.—The map shall gion— more sites. be on file and available for public inspection (1) to promote appropriate economic devel- (c) RELIANCE ON PAST STUDIES.—To the ex- in the appropriate offices of the Forest Serv- opment; tent that prior studies have been completed ice and Bureau of Land Management. (2) to preserve the landscape of the Mount that can assist in the assessment of the Gon- (d) ADMINISTRATION.—The Secretary shall Hood region; and dola connection, those may be utilized. administer the Mount Hood National Recre- (3) to enhance public safety. SEC. 404. BURIAL OF POWER LINES. (b) PLANNING PROCESS.—The transpor- ation Area in accordance with the laws, rules Because of the incongruent presence of tation plan under subsection (a) shall— and regulations applicable to the national power lines adjacent to wilderness areas, the (1) conform with Federal and Oregon trans- forests and the purposes and values identi- Secretary may provide to Cascade Locks and portation planning requirements; and fied in subsection (a). The Secretary shall Hood River County funds through the Forest (2) be developed through a collaborative only allow such uses as are consistent with Service State and Private Forestry program process, preferably through the use of a com- the purposes and values identified in sub- to bury ground power lines adjacent to the mission composed of interested persons ap- section (a). Mount Hood wilderness areas, including wil- pointed by the State, with representation (e) TIMBER.—The cutting, sale, or removal derness areas designated by this Act. of timber within the Mount Hood National from the Forest Service and local governments in the Mount Hood region. SEC. 405. CLARIFICATION OF TREATMENT OF Recreation Area may be permitted— STATE HIGHWAYS. (1) to the extent necessary to improve the (c) SCOPE OF PLAN.—The transportation (a) EXCLUSION.—Any part of Oregon State health of the forest in a manner that— plan under subsection (a) shall address issues Highway 35 or other any other State high- (A) maximizes the retention of large trees relating to— way in existence on the date of enactment of as appropriate to the forest type, to the ex- (1) the transportation of individuals to and this Act (including all existing rights-of-way tent that those trees promote stands that from areas outside the Mount Hood region on and 150 feet on each side of the centerline, are fire-resilient and healthy; major corridors traversing that region; and whichever is greater, that is adjacent to wil- (B) improves the habitats of threatened, (2) the transportation of individuals to and derness areas in the Mount Hood National endangered, proposed, or sensitive species; or from locations that are located within the Forest, including wilderness areas des- (C) maintains or restores the composition Mount Hood region. ignated by this Act) shall be excluded from and structure of the ecosystem by reducing (d) CONTENTS OF PLAN.—At a minimum, the wilderness under this Act. the risk of uncharacteristic wildfire effects; transportation plan under subsection (a) shall consider— (b) NO NET EFFECT.—The designation of (2) to accomplish an approved management (1) transportation alternatives between wilderness or wild and scenic rivers under activity in furtherance of the purposes estab- and among recreation areas and gateway this Act or an amendment made by this Act lished by this subsection, if the cutting, sale, communities that are located within the shall not limit or restrict the ability of the or removal of timber is incidental to the Mount Hood region; State, and in consultation with the Forest management activity; or (2) establishing park-and-ride facilities Service— (3) for de minimus personal or administra- that shall be located at gateway commu- (1) to operate, maintain, repair, recon- tive use within the Mount Hood National nities; struct, protect, realign, expand capacity, or Recreation Area, where such use will not im- (3) establishing intermodal transportation make any other improvement to Oregon pair the purposes established by this sub- centers to link public transportation, park- State Highway 35 or any other State high- section. ing, and recreation destinations; way in existence on the date of enactment of (f) ROAD CONSTRUCTION.—No new or tem- this Act; porary roads are to be constructed or recon- (4) creating a new interchange on Oregon (2) to use any site that is not within a structed except where it is required— State Highway 26 that shall be located adja- highway right-of-way to operate, maintain, (1) to protect the health and safety of indi- cent to or within Government Camp; repair, reconstruct, protect, realign, expand viduals in cases of an imminent threat of (5) designating, maintaining, and improv- capacity, or make any other improvement to flood, fire, or any other catastrophic event ing alternative routes using Forest Service those highways; or that, without intervention, would cause the or State roads for— (3) to take any action outside of a highway loss of life or property; (A) providing emergency routes; or right-of-way that is necessary to operate, (2) to conduct environmental cleanup re- (B) improving access to, and travel within, maintain, repair, reconstruct, protect, required by the Federal Government; the Mount Hood region; align, expand capacity, or make any other (3) to allow for reserved or outstanding (6) reconstructing the segment of Oregon improvement to those highways. rights provided for by a statute or treaty; State Highway 35 that is located between (c) FLOOD PLAIN.—Congress encourages the (4) to prevent irreparable resource damage Mineral Creek and Baseline Road to address carrying out of projects that will reduce the by an existing road; ongoing debris flow locations; and impact of Oregon State Highway 35 on the (5) to rectify a hazardous road condition; (7) creating mechanisms for funding the flood plain of the East Fork Hood River. or implementation of the transportation plan (6) in conjunction with— under subsection (a), including— TITLE V—LAND EXCHANGE (A) funds provided by the Federal Govern- (A) the continuation, extension, or renewal Subtitle A—Cooper Spur-Government Camp ment; of a mineral lease on land that is under Land Exchange (B) public-private partnerships; lease; or SEC. 501. PURPOSES. (B) a new mineral lease that is issued im- (C) incremental tax financing; and (D) other financing tools that link trans- The purposes of this subtitle are— mediately after the expiration of an existing (1) to recognize the years of work by local mineral lease. portation infrastructure improvements with development. residents and political and business leaders TITLE IV—TRANSPORTATION AND (e) COMPLETION OF PLAN.—Not later than 2 from throughout the States of Oregon and COMMUNICATION SYSTEMS years after the date on which funds are first Washington to protect the north side of SEC. 401. DEFINITION OF MOUNT HOOD REGION. made available to carry out this section, the Mount Hood; and In this title, the term ‘‘Mount Hood re- Secretary shall complete the transportation (2) to authorize the exchange of the Fed- gion’’ means— plan under subsection (a). eral land and non-Federal land.

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SEC. 502. DEFINITIONS. (e) SURVEYS.— (1) IN GENERAL.—If the Secretary has not In this subtitle: (1) IN GENERAL.—The exact acreage and selected a concessionaire for the Inn at Coo- (1) COUNTY.—The term ‘‘County’’ means legal description of the Federal land and per Spur and the Cooper Spur Ski Area by Hood River County, Oregon. non-Federal land shall be determined by sur- the date that is 1 year after the date on (2) EXCHANGE MAP.—The term ‘‘exchange veys approved by the Secretary. which the prospectus is published under sub- map’’ means the map entitled ‘‘Cooper Spur- (2) COSTS.—The responsibility for the costs section (a), the Secretary may— Government Camp Land Exchange’’ and of any surveys conducted under paragraph (A) convey to the County, without consid- dated September 2006. (1), and any other administrative costs of eration, the improvements described in sec- (3) FEDERAL LAND.—The term ‘‘Federal carrying out the land exchange, shall be de- tion 502(5)(B); or land’’ means— termined by the Secretary and the County. (B) continue to allow Mt. Hood Meadows to (A) the parcel of approximately 80 acres of (f) DEADLINE FOR COMPLETION OF LAND EX- operate as the concessionaire while the Sec- National Forest System land in Mount Hood CHANGE.—It is the intent of Congress that, retary continues to seek an alternate conces- National Forest in Government Camp, not later than 16 months after the date of en- sionaire. Clackamas County, Oregon, as depicted on actment of this Act, the Secretary shall— (2) SPECIAL USE PERMIT.—If the Secretary the exchange map; and (1) complete all legal and regulatory proc- conveys improvements to the County under (B) the parcel of approximately 40 acres of esses required for the exchange of the Fed- paragraph (1)(A), the Secretary shall issue to National Forest System land in Mount Hood eral land and the non-Federal land; and the County a special use permit that would National Forest in Government Camp, (2) close on the Federal land and the non- allow reasonable access to, and management Clackamas County, Oregon, as depicted on Federal land. of, the improvements under terms similar to (g) RESERVATION OF EASEMENTS.—As a con- the exchange map. the Cooper Spur Ski Area Special Use Per- dition of the conveyance of the Federal land, (4) MT. HOOD MEADOWS.—The term ‘‘Mt. mit. the Secretary shall reserve— Hood Meadows’’ means the Mt. Hood Mead- Subtitle B—Port of Cascade Locks Land ows Oreg., Limited Partnership. (1) a conservation easement to the Federal land to protect existing wetland on the con- Exchange (5) NON-FEDERAL LAND.—The term ‘‘non- Federal land’’ means— veyed parcels, as identified by the Oregon SEC. 511. DEFINITIONS. Department of State Lands, that allows (A) the parcel of approximately 770 acres of In this subtitle: equivalent wetland mitigation measures to private land at Cooper Spur, as depicted on (1) EXCHANGE MAP.—The term ‘‘exchange compensate for minor wetland encroach- the exchange map; map’’ means the map entitled ‘‘Port of Cas- ments necessary for the orderly development (B) any buildings, furniture, fixtures, and cade Locks-Pacific Crest National Scenic of the Federal land; and equipment at the Inn at Cooper Spur and the Trail Land Exchange’’ and dated June 2006. (2) a trail easement to the Federal land Cooper Spur Ski Area covered by an ap- (2) FEDERAL LAND.—The term ‘‘Federal that allows— praisal described in section 503(d). land’’ means the parcel of land consisting of (A) the nonmotorized functional use by the approximately 10 acres of National Forest (6) SECRETARY.—The term ‘‘Secretary’’ public of identified existing trails located on means the Secretary of Agriculture. System land in the Columbia River Gorge the Federal land, as depicted on the trail National Scenic Area, as depicted on the ex- (7) TRAIL MAP.—The term ‘‘trail map’’ map; means the map entitled ‘‘Government Camp change map. (B) roads, utilities, and infrastructure fa- Trail Map’’ and dated September 2006. (3) NON-FEDERAL LAND.—The term ‘‘non- cilities to cross the trails; and Federal land’’ means the parcel of land con- SEC. 503. COOPER SPUR-GOVERNMENT CAMP LAND EXCHANGE. (C) improvement or relocation of the trails sisting of approximately 40 acres, as depicted to accommodate development of the Federal (a) CONVEYANCE OF FEDERAL LAND.—Sub- on the exchange map. ject to the provisions of this section, if Mt. land. (4) PORT.—The term ‘‘Port’’ means the Hood Meadows offers to convey to the United SEC. 504. CONCESSIONAIRES AT THE INN AT COO- Port of Cascade Locks, Cascade Locks, Or- States all right, title, and interest of Mt. PER SPUR AND THE COOPER SPUR egon. SKI AREA. Hood Meadows in and to the non-Federal (5) SECRETARY.—The term ‘‘Secretary’’ (a) PROSPECTUS.—Not later than 60 days land, the Secretary shall convey to Mt. Hood means the Secretary of Agriculture. after the date on which the land exchange is Meadows all right, title, and interest of the SEC. 512. LAND EXCHANGE, PORT OF CASCADE completed under section 503, the Secretary LOCKS-PACIFIC CREST NATIONAL United States in and to the Federal land shall publish in the Federal Register a pro- (other than any easements reserved under SCENIC TRAIL. posed prospectus to solicit 1 or more new (a) CONVEYANCE REQUIRED.—Subject to the subsection (g)). concessionaires for the Inn at Cooper Spur (b) CONDITIONS ON ACCEPTANCE.—Title to provisions of this section, if the Port offers and the Cooper Spur Ski Area, as reconfig- the non-Federal land to be acquired by the to convey to the United States all right, ured in accordance with the exchange map. Secretary under this section must be accept- title, and interest of the Port in and to the (b) COMPETITIVE PROCESS.—Prospective non-Federal land, the Secretary shall convey able to the Secretary, and the conveyances concessionaires shall submit bids to compete to the Port all right, title, and interest of shall be subject to valid existing rights of for the right to operate the Inn at Cooper the United States in and to the Federal land. record and such terms and conditions the Spur, the Cooper Spur Ski Area, or both the (b) COMPLIANCE WITH EXISTING LAW.—Ex- Secretary may prescribe. The non-Federal Inn and the Ski Area. cept as otherwise provided in this section, land shall conform with the title approval (c) CONSIDERATIONS.—In selecting a conces- standards applicable to Federal land acquisi- sionaire, the Secretary shall consider— the Secretary shall carry out the land ex- tions. (1) which bid is highest in terms of mone- change under this section in the manner pro- (c) APPLICABLE LAW.—Except as otherwise tary value; and vided in section 206 of the Federal Land Pol- provided in this section, the Secretary shall (2) other attributes of the bids submitted. icy Management Act of 1976 (43 U.S.C. 1716). carry out the land exchange under this sec- (d) CONSULTATION.—The Secretary shall (c) CONDITIONS ON ACCEPTANCE.—Title to tion in accordance with section 206 of the consult with Mt. Hood Meadows, Meadows the non-Federal land to be acquired by the Federal Land Policy and Management Act of North, LLC, North Face Inn, LLC, the Hood Secretary under this section must be accept- 1976 (43 U.S.C. 1716). River Valley Residents Committee, the Coo- able to the Secretary, and the conveyances (d) APPRAISALS.— per Spur Wild and Free Coalition, and the shall be subject to valid existing rights of (1) IN GENERAL.—As soon as practicable Hood River County Commission— record and such terms and conditions the after the date of enactment of this Act, the (1) in selecting a new concessionaire for Secretary may prescribe. The non-Federal Secretary shall select an appraiser to con- the Inn at Cooper Spur and the Cooper Spur land shall conform with the title approval duct an appraisal of the Federal land and Ski Area; and standards applicable to Federal land acquisi- non-Federal land. (2) in preparing for the orderly and smooth tions. (2) REQUIREMENTS.—An appraisal under transition of the operation of the Inn at Coo- (d) SURVEYS.— paragraph (1) shall— per Spur and the Cooper Spur Ski Area to (1) IN GENERAL.—The exact acreage and (A) be conducted in accordance with na- the new concessionaire. legal description of the Federal land and tionally recognized appraisal standards, in- (e) TREATMENT OF PROCEEDS.—Any non-Federal land shall be determined by sur- cluding— amounts received under a concession conveys approved by the Secretary. (i) the Uniform Appraisal Standards for tract under this section shall— (2) COSTS.—The responsibility for the costs Federal Land Acquisitions developed by the (1) be deposited in the fund established of any surveys conducted under paragraph Interagency Land Acquisition Conference; under Public Law 90–171 (commonly known (1), and any other administrative costs of and as the ‘‘Sisk Act’’) (16 U.S.C. 484a); and carrying out the land exchange, shall be de- (ii) the Uniform Standards of Professional (2) remain available to the Secretary until termined by the Secretary and the Port. Appraisal Practice; expended, without further appropriation, for (e) DEADLINE FOR COMPLETION OF LAND EX- (B) incorporate the dates of the appraisals use in the Mount Hood National Forest, with CHANGE.—It is the intent of Congress that, of the Federal land and non-Federal land per- priority given to using amounts in the Hood not later than 16 months after the date of en- formed in 2005 by Appraiser Steven A. Hall, River Ranger District for restoration actment of this Act, the Secretary shall— MAI, CCIM; and projects on the North side of Mount Hood. (1) complete all legal and regulatory proc- (C) be approved by the Secretary, the (f) ALTERNATIVE CONVEYANCE AND SPECIAL esses required for the exchange of the Fed- County, and Mt. Hood Meadows. USE PERMIT.— eral land and the non-Federal land; and

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00113 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2096 CONGRESSIONAL RECORD — SENATE February 15, 2007 (2) close on the Federal land and the non- any land that is conveyed to the United sede, be considered a supplement or amend- Federal land. States and is located in the Mount Hood Na- ment to, or in any way affect the legal or Subtitle C—Hunchback Mountain Land tional Forest in accordance with— regulatory authority of the Mount Hood Na- Exchange and Boundary Adjustment (1) the Act of March 1, 1911 (commonly tional Forest Land and Resource Manage- known as the ‘‘Weeks Law’’) (16 U.S.C. 480 et ment Plan or the collection of documents en- SEC. 521. DEFINITIONS. In this subtitle: seq.); and titled ‘‘Final Supplemental Environmental (2) any laws (including regulations) appli- Impact Statement and Record of Decision for (1) BOUNDARY EXTENSION MAP.—The term ‘‘boundary extension map’’ means the map cable to the National Forest System. Amendments to Forest Service and Bureau (e) AUTHORITY OF SECRETARY TO ADJUST entitled ‘‘Mount Hood National Forest of Land Management Planning Documents BOUNDARIES.—Nothing in this Act shall limit Hunchback Exchange Boundary Adjust- Within the Range of the Northern Spotted the authority or responsibility of the Sec- ment’’ and dated January 2007. Owl’’ and ‘‘Standards and Guidelines for retary to adjust the boundaries of the Mount Management of Habitat for Late-Succes- (2) COUNTY.—The term ‘‘County’’ means Hood National Forest under section 11 of the Clackamas County, Oregon. sional and Old-Growth Forest-Related Spe- Act of March 1, 1911 (16 U.S.C. 521). cies Within the Range of the Northern Spot- (3) EXCHANGE MAP.—The term ‘‘exchange (f) LAND AND WATER CONSERVATION FUND.— map’’ means the map entitled ‘‘Hunchback ted Owl’’. For the purposes of section 7 of the Land and Mountain Land Exchange-Clackamas Coun- (h) PUBLIC PARTICIPATION.—The Secretary Water Conservation Fund Act of 1965 (16 ty’’ and dated June 2006. shall provide an opportunity for interested U.S.C. 460l–9), the boundaries of the Mount (4) FEDERAL LAND.—The term ‘‘Federal persons to be involved in development of the Hood National Forest modified by this Act land’’ means the parcel of land consisting of assessment conducted by the Secretary shall be considered to be the boundaries of approximately 160 acres of National Forest under this section. the Mount Hood National Forest in existence System land in the Mount Hood National SEC. 603. SUSTAINABLE BIOMASS UTILIZATION as of January 1, 1965. Forest, as depicted on the exchange map. STUDY. (5) NON-FEDERAL LAND.—The term ‘‘non- TITLE VI—MOUNT HOOD NATIONAL (a) STUDY REQUIRED.—The Secretary of Ag- Federal land’’ means the parcel of land con- FOREST AND WATERSHED STEWARDSHIP riculture shall conduct a study to assess the sisting of approximately 160 acres, as de- SEC. 601. FINDINGS AND PURPOSE. amount of long-term sustainable biomass picted on the exchange map. The purpose of this title is to direct the available in the Mount Hood National Forest (6) SECRETARY.—The term ‘‘Secretary’’ Forest Service to prepare an assessment to that, consistent with applicable law, could means the Secretary of Agriculture. promote forested landscapes resilient to cat- be made available as a raw material for— SEC. 522. HUNCHBACK MOUNTAIN LAND EX- astrophic fire, insects, and disease, to pro- (1) the production of electric energy, sen- CHANGE, CLACKAMAS COUNTY. tect homes and communities from property sible heat, transportation fuel, or substitutes (a) CONVEYANCE REQUIRED.—Subject to the damage and threats to public safety, and to for petroleum-based products; provisions of this section, if the County of- protect and enhance existing community or (2) dimensional lumber, fencing, framing fers to convey to the United States all right, municipal watersheds. It is the intent of material, poles, firewood, furniture, chips, or title, and interest of the County in and to Congress that site-specific forest health pulp for paper; or the non-Federal land, the Secretary shall projects undertaken pursuant to this assess- (3) other commercial purposes. convey to the County all right, title, and in- ment shall be completed in accordance with (b) DEFINITION.—In this section, the term terest of the United States in and to the Fed- existing law. ‘‘biomass’’ means small diameter trees and eral land. SEC. 602. FOREST STEWARDSHIP ASSESSMENT. understory vegetation that is removed from (b) COMPLIANCE WITH EXISTING LAW.—Ex- (a) PREPARATION OF ASSESSMENT.—The forested land as a by-product of forest res- cept as otherwise provided in this section, Secretary of Agriculture shall prepare an as- toration efforts. the Secretary shall carry out the land ex- sessment to identify the forest health needs SEC. 604. WATERSHED MANAGEMENT MEMO- change under this section in the manner pro- in those areas of the Mount Hood National RANDA OF UNDERSTANDING. vided in section 206 of the Federal Land Pol- Forest with a high incidence of insect or dis- (a) COMPLETION OF MEMORANDA OF UNDER- icy Management Act of 1976 (43 U.S.C. 1716). ease infestation (or both), heavily over- STANDING.—To the extent that memoranda of (c) CONDITIONS ON ACCEPTANCE.—Title to stocked tree stands, or moderate-to-high understanding or other legal agreements in- the non-Federal land to be acquired by the risk of unnatural catastrophic wildfire for volving watersheds of Mount Hood National Secretary under this section must be accept- the purpose of improving condition class, Forest do not exist between irrigation disable to the Secretary, and the conveyances which significantly improves the forest tricts or municipalities and the Forest Serv- shall be subject to valid existing rights of health and water quality. The Secretary may ice, the Secretary of Agriculture may com- record and such terms and conditions the utilize existing information to complete the plete memoranda of understanding that out- Secretary may prescribe. The non-Federal assessment. The assessment shall also iden- line stewardship goals to manage the water- land shall conform with the title approval tify specific projects to address these issues. sheds for water quality and water quantity. standards applicable to Federal land acquisi- (b) IMPROVED MAPPING.—The assessment (b) ELEMENTS OF MEMORANDUM.—A memo- tions. will include peer reviewed mapping of condi- randum of understanding involving a water- (d) SURVEYS.— tion class 2 and condition class 3 areas and shed of Mount Hood National Forest shall (1) IN GENERAL.—The exact acreage and other areas identified in subsection (a) in encourage adaptability, establish bench- legal description of the Federal land and Mount Hood National Forest. marks regarding water quality and water non-Federal land shall be determined by sur- (c) COMPLETION.—The Secretary of Agri- quantity, and require monitoring to deter- veys approved by the Secretary. culture shall complete the assessment not mine progress in meeting such benchmarks. (2) COSTS.—The responsibility for the costs later than 1 year after the date of enactment The memorandum of understanding may re- of any surveys conducted under paragraph of this Act. strict public access to areas of the watershed (1), and any other administrative costs of (d) DURATION OF STUDY.—The assessment where appropriate. carrying out the land exchange, shall be de- shall cover a 10-year period. (c) PUBLIC PROCESS REQUIRED.— termined by the Secretary and the County. (e) IMPLEMENTATION.—Not later than 1 year (1) COLLABORATION AND CONSULTATION.— (e) DEADLINE FOR COMPLETION OF LAND EX- after completion of the assessment, the Sec- The Secretary of Agriculture shall ensure CHANGE.—It is the intent of Congress that, retary shall commence implementation of that the process by which the Secretary en- not later than 16 months after the date of en- projects to address the needs identified in ters into a memorandum of understanding actment of this Act, the Secretary shall— the assessment. These projects shall be im- with an irrigation district, local govern- (1) complete all legal and regulatory proc- plemented using authorities available to the ment, or other entity involving a watershed esses required for the exchange of the Fed- Secretary to manage the Mount Hood Na- of Mount Hood National Forest is based on eral land and the non-Federal land; and tional Forest to achieve the purpose speci- collaboration and cooperation between the (2) close on the Federal land and the non- fied in subsection (a). Forest Service and local jurisdictions and Federal land. (f) DELAY.—During development of the as- other interested persons. SEC. 523. BOUNDARY ADJUSTMENT. sessment under this section, a forest man- (2) PUBLIC MEETING REQUIRED.—The Sec- (a) IN GENERAL.—The boundary of the agement project that is unaffiliated with the retary and the other party or parties to the Mount Hood National Forest is adjusted as assessment and has completed review as re- proposed memorandum of understanding depicted on the map entitled ‘‘Boundary ex- quired under the National Environmental shall hold at least 1 joint public meeting be- tension map’’, dated January 2007. Policy Act of 1969 (42 U.S.C. 4321 et seq.) in fore completing a final draft of the memo- (b) AVAILABILITY OF BOUNDARY EXTENSION accordance with existing law, need not be de- randum of understanding. MAP.—The boundary extension map shall be layed in the event the Secretary fails to (3) PUBLIC COMMENT.—A draft memo- on file and available for public inspection in meet the deadline specified in subsection (c). randum of understanding shall also be open the office of the Chief of the Forest Service. (g) RELATION TO EXISTING LAW AND to public comment before being finalized. (c) CORRECTION AUTHORITY.—The Secretary PLANS.—Nothing in this section grants the may make minor corrections to the bound- Secretary any authority to manage the SEC. 605. TERMINATION OF AUTHORITY. ary extension map. Mount Hood National Forest contrary to ex- The authority provided by this title shall (d) ADDITIONS TO THE NATIONAL FOREST isting law. The assessment conducted by the terminate on the date that is 10 years after SYSTEM.—The Secretary shall administer Secretary under this section shall not super- the date of enactment of this Act.

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00114 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2007 CONGRESSIONAL RECORD — SENATE S2097 TITLE VII—CRYSTAL SPRINGS WATER- tivity described in this subsection to occur (4) The placement or maintenance of fuel SHED SPECIAL RESOURCES MANAGE- in the Management Unit only after the Sec- storage tanks. MENT UNIT retary— (5) The application of any toxic chemicals, SEC. 701. FINDINGS AND PURPOSE. (A) obtains the review and opinions of the including pesticides, rodenticides, herbi- The purpose of this title is to establish a Crystal Springs Water District regarding the cides, or retardants, for any purpose, except special resources management unit to ensure effect of the activity on the purposes of the with the consent of the Crystal Springs protection of the quality and quantity of the Management Unit; Water District. Crystal Springs watershed as a clean drink- (B) complies with all applicable Federal (d) MANAGEMENT PLAN.— ing water source for the residents of Hood law regarding development and implementa- (1) PLAN REQUIRED.—Within 9 months after River County, Oregon, while also allowing tion of the activity; and the effective date specified in section 605, the visitors to enjoy its special scenic, natural, (C) when appropriate, provides to the gen- Secretary of Agriculture shall adopt a man- cultural, and wildlife values. eral public advance notice of the activity, an agement plan for the Management Unit that, opportunity to comment on the activity, and while providing for the limited activities SEC. 702. ESTABLISHMENT OF CRYSTAL SPRINGS WATERSHED SPECIAL RESOURCES appeal rights regarding the activity. specifically authorized by subsection (b), MANAGEMENT UNIT. (2) RECREATION.—The Secretary may— protects the watershed from illegal dumping, (a) ESTABLISHMENT.—Effective as provided (A) continue to maintain recreational op- human waste, fires, vandalism, and other by section 705, the Secretary of Agriculture portunities and trails, in existence in the risks to water quality. shall establish a special resources manage- Management Unit as of the effective date (2) CONSULTATION AND PUBLIC PARTICIPA- ment unit in the State consisting of all Na- specified in section 705, within their existing TION.—The Secretary shall prepare the man- tional Forest System land that is located and historic footprints or at an alternative agement plan in consultation with the Crys- within 200 yards from any point on the pe- location; and tal Springs Water District, the Cooper Spur rimeter of the Crystal Springs Zone of Con- (B) develop new footpaths or cross-county Wild and Free Coalition, and Hood River tribution, as determined by the Crystal skiing trails in the Management Unit. County and provide for public participation Springs Water District, and other National (3) LEASE OF CERTAIN IMPROVEMENTS.—The as described in subsection (b)(1)(C). Forest System land in and around the Inn at Secretary may lease improvements and fa- (e) FOREST ROAD CLOSURES.—As part of the Cooper Spur and the Cooper Spur Ski Area, cilities, in existence in the Management management plan required by subsection (d), as depicted on the map entitled ‘‘Crystal Unit as of the effective date specified in sec- the Secretary of Agriculture may provide for Springs Watershed Special Resources Man- tion 705, within their existing and designated the closure or gating to the general public of agement Unit’’ and dated June 2006 (in this footprints to 1 or more concessionaires. any Forest Service road within the Manage- subtitle referred to as the ‘‘official map’’). (4) ROAD MAINTENANCE.—Subject to sub- ment Unit, except for the road commonly (b) DESIGNATION.—The special resources section (d), the Secretary may maintain Na- known as Cloud Cap Road. management unit established pursuant to tional Forest System roads, in existence in (f) PRIVATE LAND.—Nothing in this section subsection (a) shall be known as the Crystal the Management Unit as of the effective date affects the use of, or access to, any private Springs Watershed Special Resources Man- specified in section 705 or as directed by the property within the Crystal Springs Zone of agement Unit, in this title referred to as the management plan required by subsection (d). Contribution by the owners of the private ‘‘Management Unit’’. Maintenance may include the installation of property and their guests. The Secretary is (c) EXCLUSION OF CERTAIN LAND.—The Man- culverts and drainage improvements and encouraged to work with interested private agement Unit does not include any National other similar activities. landowners who have voluntarily agreed to Forest System land otherwise covered by (5) FUEL REDUCTION IN PROXIMITY TO IM- cooperate with the Secretary to further the subsection (a) that is designated as wilder- PROVEMENTS AND PRIMARY PUBLIC ROADS.—To purposes of this title. ness by title I. protect the water quality, water quantity, (g) RELATIONSHIP WITH WATER DISTRICT.— (d) WITHDRAWAL.—Subject to valid existing scenic, cultural, historic, natural, and wild- Except as provided in this section, the Crys- rights, National Forest System land included life values of the Management Unit, the Sec- tal Springs Water District has no authorities in the Management Unit are permanently retary may permit fuel reduction on Na- over management or use of National Forest withdrawn from all forms of appropriation tional Forest System land in the Manage- System land included in the Management under the public land laws, including the ment Unit— Unit. mining laws and mineral and geothermal (A) extending up to 400 feet from struc- SEC. 704. ACQUISITION OF LANDS. leasing laws. tures on National Forest System land or (a) ACQUISITION AUTHORITY.—The Secretary (e) MAPS AND LEGAL DESCRIPTION.— structures on adjacent private land; and of Agriculture may acquire from willing (1) SUBMISSION OF LEGAL DESCRIPTIONS.—As (B) extending up to 400 feet from the Coo- landowners any lands located in the Crystal soon as practicable after the effective date per Spur Road, the Cloud Cap Road, and the Springs Zone of Contribution within the specified in section 705, the Secretary shall Cooper Spur ski area loop road. boundaries of Mount Hood National Forest. prepare and submit to Congress a legal de- (6) OTHER FUEL REDUCTION AND FOREST Lands so acquired shall automatically be scription of the Management Unit. HEALTH ACTIVITIES.—The Secretary may con- added to the Management Unit. (2) FORCE OF LAW.—The map referred to in duct fuel reduction and forest health man- (b) PROHIBITION ON SUBSEQUENT CONVEY- subsection (a) and the legal descriptions pre- agement activities in the Management Unit, ANCE.—The Secretary may not sell, trade, or pared under paragraph (1) shall have the with priority given to activities that restore otherwise transfer ownership of any land same force and effect as if included in this previously harvested stands, including the within the Management Unit, including any Act, except that the Secretary may correct removal of logging slash, smaller diameter of the land acquired under subsection (a) or technical errors in the map and legal de- material, and ladder fuels. The purpose of received by the Secretary as part of the Coo- scriptions. The map of the Crystal Springs any fire risk reduction or forest health man- per Spur-Government Camp land exchange Zone of Contribution is incorporated in this agement activity conducted in the Manage- authorized by subtitle A of title V and in- Act to delineate the boundaries of the Man- ment Unit shall be the maintenance and res- cluded within the Management Unit, to any agement Unit, and the delineation of these toration of fire-resilient forest structures person. containing late successional forest structure boundaries is not intended to affect the spe- SEC. 705. EFFECTIVE DATE. characterized by large trees and multi-sto- cific uses that may occur on private land The Secretary of Agriculture shall estab- within the boundaries of the Management ried canopies (where ecologically appropriate) and the protection of the water qual- lish the Management Unit as soon as prac- Unit. ticable after the final closing of the Cooper UBLIC AVAILABILITY.—The map referred ity, water quantity, scenic, cultural, his- (3) P Spur-Government Camp land exchange au- to in subsection (a) and the legal descrip- toric, natural, and wildlife values of the thorized by subtitle A of title V, but in no tions prepared under paragraph (1) shall be Management Unit. case later than 30 days after the date of the filed and made available for public inspec- (c) SPECIFICALLY PROHIBITED ACTIVITIES.— final closing of such land exchange. The tion in the appropriate offices of the Forest The following activities may not occur on Management Unit may not be established be- Service. National Forest System land in the Manage- fore final closing of the land exchange. SEC. 703. ADMINISTRATION OF MANAGEMENT ment Unit, whether separately or, except as UNIT. provided in paragraph (2), as part of an activ- TITLE VIII—LOCAL AND TRIBAL (a) GENERAL APPLICABILITY OF EXISTING ity authorized by subsection (b): RELATIONSHIPS LAWS.—Except as provided in this title, all (1) New road construction or renovation of SEC. 801. FINDINGS AND PURPOSE. other laws and regulations affecting Na- existing non-System roads. The purpose of this title is to recognize tional Forest System lands shall continue to (2) Projects undertaken for the purpose of and support the ability of Native Americans apply to the National Forest System lands harvesting commercial timber. The harvest to continue to gather first foods in the included in the Management Unit. of merchantable products that are by-prod- Mount Hood National Forest using tradi- (b) AUTHORIZED ACTIVITIES.— ucts of activities conducted pursuant to sub- tional methods and the central role of the (1) PROCESS FOR ALLOWING ACTIVITIES.— section (b)(6) and carried out pursuant to a State and local governments in management Only activities described in this subsection stewardship contract are not prohibited by of issues dealing with natural and developed may occur in the Management Unit, and the this subsection. environments in the vicinity of the national Secretary of Agriculture may permit an ac- (3) Commercial livestock grazing. forest.

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SEC. 802. FIRST FOODS GATHERING AREAS. dertaken or otherwise permitted by the Sec- (d) TERMINATION OF SPECIAL ACCOUNT.—The (a) PRIORITY USE AREAS.—The Secretary of retary of Agriculture on National Forest special account required by subsection (a) Agriculture shall identify, establish, de- System land in Mount Hood National Forest shall terminate at the end of the 10-year pe- velop, and manage priority-use areas in after the date of the enactment of this Act riod beginning on the date of enactment of Mount Hood National Forest for the gath- shall be constructed or altered in compliance this Act. Any amounts remaining in the spe- ering of first foods by members of Indian with— cial account at the end of such period shall tribes with treaty-reserved gathering rights (1) 1 of— be transferred to the general fund of the on lands encompassed by the national forest. (A) the nationally recognized model build- Treasury. The priority-use areas shall be identified, es- ing codes; and SEC. 903. USE OF FUNDS IN SPECIAL ACCOUNT tablished, developed, and managed in a man- (B) nationally recognized wildland-urban TO SUPPORT RECREATION. ner consistent with the memorandum of un- interface codes and standards; or (a) AUTHORIZED USES.—The Secretary of derstanding entered into between the De- (2) 1 of the other applicable nationally rec- Agriculture shall use funds received from the partment of Agriculture, the Bureau of Land ognized codes and standards relating to— special account under section 902(c) for the Management, the Bureau of Indian Affairs, (A) fire protection infrastructure in the following purposes related to Mount Hood and the Confederated Tribes of the Warm wildland urban interface; National Forest: Springs Reservation of Oregon (in this sec- (B) land development in wildland areas; or (1) Installation, repair, maintenance, and tion referred to as the ‘‘Warm Springs (C) wild fire hazard mitigation. facility enhancement related directly to vis- Tribe’’) and dated April 23, 2003, and such fur- (b) INCLUSION OF STANDARDS IN LAND CON- itor enjoyment, visitor access, and health ther agreements as are necessary between VEYANCES.—In the case of each of the land and safety, such as— the Secretary of Agriculture and the Warm conveyances described in title V, the Sec- (A) the improvement and maintenance of Springs Tribe to carry out the purposes of retary shall impose the requirements of sub- trails, including trails used for hiking, this section. section (a) as a condition on the conveyance biking, snowmobiling, horseback riding, (b) PRIORITY USE.—Members of Indian of the Federal land under the conveyance. cross-country skiing, and off-highway vehi- tribes with treaty-reserved gathering rights (c) EFFECT ON STATE AND LOCAL LAW.—To cles; on lands encompassed by Mount Hood Na- the maximum extent feasible, the codes im- (B) water system improvements; and tional Forest shall, in cooperation with the posed pursuant to subsection (a) shall be (C) personal sanitation facilities improve- Mount Hood National Forest, gather first consistent with the nationally recognized ments. foods in the priority-use areas established codes and development standards adopted or (2) Interpretive programs, visitor informa- pursuant to subsection (a). referenced by the State or political subdivi- tion, visitor services, visitor needs assess- (c) APPLICABLE LAW.—In considering and sions of the State. This section shall not be ments, mapping, signage, Leave-No-Trace selecting National Forest System land for construed to limit the power of the State or materials, and wilderness rangers. inclusion in a priority-use area under sub- a political subdivision of the State to imple- (3) Habitat restoration directly related to section (a), the Secretary of Agriculture ment or enforce any law, rule, regulation, or recreation. shall comply with the land and resource standard concerning fire prevention and con- (4) Cooperative environmental restoration management plan for Mount Hood National trol. projects with non-Federal partnership groups (d) ENFORCEMENT.—The codes imposed pur- Forest and applicable laws. and associations, including groups and asso- suant to subsection (a) may be enforced by (d) DEFINITION.—In this section, the term ciations that work with youth. the same entities otherwise enforcing codes, ‘‘first foods’’ means roots, berries, and plants (5) Law enforcement and rescue and recov- ordinances, and standards relating to new on National Forest System land in Mount ery efforts related to public use and recre- development occurring on land conveyed by Hood National Forest that have been gath- ation, such as law enforcement at recreation the Secretary of Agriculture under title V. ered for traditional and cultural purposes by events, search and rescue operations, illegal members of Indian tribes with treaty-re- TITLE IX—RECREATION recreation activities investigations, and en- served gathering rights on lands encom- SEC. 901. FINDINGS AND PURPOSE. forcement. passed by Mount Hood National Forest. The purpose of this title is to recognize (6) Improving administration of special use authorizations. SEC. 803. FOREST SERVICE COORDINATION WITH and support recreation as a dynamic social STATE AND LOCAL GOVERNMENTS. and economic component of the legacy and (7) Preparation of documents required Congress encourages the Secretary of Agri- future of the Mount Hood National Forest. under the National Environmental Policy culture to cooperate with the State, local SEC. 902. RETENTION OF MOUNT HOOD NA- Act of 1969 (42 U.S.C. 4321 et seq.) in connec- communities, counties, and Indian tribes in TIONAL FOREST LAND USE FEES tion with the improvement or development the vicinity of Mount Hood National Forest, FROM SPECIAL USE AUTHORIZA- of recreational opportunities. TIONS. and the heads of other Federal agencies to (8) Other projects or partnerships rec- (a) SPECIAL ACCOUNT.—The Secretary of identify common ground, coordinate plan- ommended by the Mount Hood National For- the Treasury shall establish a special ac- est Recreation Working Group established by ning efforts around the national forest, and count in the Treasury for Mount Hood Na- make the Federal Government a better part- section 905. tional Forest. (b) ALLOCATION REQUIREMENTS.—Of the ner in building cooperative and lasting solu- (b) DEPOSITS.—Except as provided in sec- total funds received by the Secretary of Ag- tions for management of Mount Hood Na- tion 7 of the Act of April 24, 1950 (commonly riculture from the special account under sec- tional Forest and non-Federal land in the vi- known as the Granger-Thye Act; 16 U.S.C. tion 902(c) for a fiscal year, the Secretary cinity of the national forest. 580d), the National Forest Organizational shall allocate the funds as follows: SEC. 804. SAVINGS PROVISIONS REGARDING RE- Camp Fee Improvement Act of 2003 (title V (1) 95 percent of the funds to Mount Hood LATIONS WITH INDIAN TRIBES. of division F of Public Law 108–107; 16 U.S.C. National Forest. (a) TREATY RIGHTS.—Nothing in this Act is 6231 et seq.), Public Law 106–206 (commonly (2) 5 percent of the funds to the Regional intended to alter, modify, enlarge, diminish, known as the Commercial Filming Act; 16 Office for the Pacific Northwest Region of or extinguish the treaty rights of any Indian U.S.C. 460l–d), and the Federal Lands Recre- the Forest Service to develop needed policy tribe, including the off-reservation reserved ation Enhancement Act (title VIII of divi- and training to support programs in wilder- rights established by the Treaty of June 25, sion J of Public Law 108–477; 16 U.S.C. 6801 et ness areas, special uses, trails, developed and 1855, with the Tribes and Bands of Middle Or- seq.), all land use fees received after the date dispersed recreation, and interpretation re- egon (12 Stat. 963). Section 702 is consistent which is 6 months after the date of enact- lated to Mount Hood National Forest. with and intended to implement the gath- ment of this Act from special use authoriza- SEC. 904. ANNUAL REPORTING REQUIREMENT. ering rights reserved by such treaty. tions, such as recreation residences, resorts, The Secretary of Agriculture shall submit (b) TRIBAL LANDS.—Nothing in this Act is winter recreation resorts, communication to Congress an annual report specifying— intended to affect lands held in trust by the uses, and linear rights-of-way, and all other (1) the total funds received by the Sec- Secretary of the Interior for Indian tribes or special use types issued with regard to retary from the special account under sec- individual members of Indian tribes or other Mount Hood National Forest shall be depos- tion 902(c) for the preceding fiscal year; lands acquired by the Army Corps of Engi- ited in the special account established under (2) how the funds were allocated and ex- neers and administered by the Secretary of subsection (a). pended; and the Interior for the benefit of Indian tribes (c) AVAILABILITY.—Subject to subsection (3) the results from such expenditures. and individual members of Indian tribes. (d), amounts in the special account estab- SEC. 905. MOUNT HOOD NATIONAL FOREST REC- (c) HUNTING AND FISHING.—Nothing in this lished under subsection (a) shall remain REATIONAL WORKING GROUP. Act is intended to affect the laws, rules, and available, without further appropriation and (a) ESTABLISHMENT AND PURPOSE.—The regulations pertaining to hunting and fish- until expended, for expenditure as provided Secretary of Agriculture shall establish the ing under existing State and Federal laws in section 903. Upon request of the Secretary Mount Hood National Forest Recreational and Indian treaties. of Agriculture, the Secretary of the Treasury Working Group for the purpose of providing SEC. 805. IMPROVED NATURAL DISASTER PRE- shall transfer to the Secretary of Agri- advice and recommendations to the Forest PAREDNESS. culture from the special account such funds Service on planning and implementing recre- (a) IMPOSITION OF STANDARDS.—New devel- as the Secretary of Agriculture may request. ation enhancements in Mount Hood National opment occurring on land conveyed by the The Secretary shall accept and use the funds Forest, including advice and recommenda- Secretary of Agriculture under title V or unin accordance with section 903. tions regarding how the funds in the special

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account established under section 902 should (2) MEETINGS.—All meetings of the Work- TITLE X—AUTHORIZATION OF be requested and expended. ing Group shall be announced at least 1 week APPROPRIATIONS (b) DUTIES.—The Working Group shall— in advance in a local newspaper of record and SEC. 1001. AUTHORIZATION OF APPROPRIATIONS. (1) review projects proposed by the Sec- shall be open to the public. There are authorized to be appropriated retary for Mount Hood National Forest (3) RECORDS.—The Working Group shall such sums as are necessary to carry out this under section 903(a); maintain records of the meetings of the Act. (2) propose projects under section 903(a) to Working Group and make the records avail- the Secretary; able for public inspection. By Mr. REID: (g) LIMITATION ON ADMINISTRATIVE ASSIST- (3) recommend the amount of funds from S. 650. A bill to amend the Energy the special account established under section ANCE.—Not more than 5 percent of the funds 902 to be used to fund projects under section allocated under section 903(b) to Mount Hood Employees Occupational Illness Com- 903; and National Forest for a fiscal year may be used pensation Program Act of 2000 to pro- (4) provide opportunities for citizens, orga- to provide administrative assistance to the vide for certain nuclear weapons pro- nizations, Indian tribes, the Forest Service, Working Group during that fiscal year. gram workers to be included in the and other interested parties to participate (h) FEDERAL ADVISORY COMMITTEE ACT.— Special Exposure Cohort under the The Federal Advisory Committee Act (5 openly and meaningfully, beginning at the compensation program established by early stages of the development of projects U.S.C. App.) shall not apply to the Working Group. that Act; to the Committee on Health, under section 903(a). (i) TERMINATION OF WORKING GROUP.—The Education, Labor and Pensions. (c) APPOINTMENT.— Working Group shall terminate at the end of Mr. REID. Mr. President, I ask unan- (1) APPOINTMENT AND TERM.—The Regional the 10-year period beginning on the date of imous consent that the text of the bill Forester, acting on behalf of the Secretary of enactment of this Act. be printed in the RECORD. Agriculture, shall appoint the members of SEC. 906. CONSIDERATION OF CONVERSION OF the Working Group for a term of 3 years be- FOREST ROADS TO RECREATIONAL There being no objection, the text of ginning on the date of appointment. A mem- USES. the bill was ordered to be printed in ber may be reappointed to subsequent 3-year (a) EVALUATION OF CURRENTLY CLOSED the RECORD, as follows: terms. ROADS.— S. 650 (2) INITIAL APPOINTMENT.—The Regional (1) CONSIDERATION FOR RECREATIONAL USE.— Be it enacted by the Senate and House of Rep- Forester shall make initial appointments to The Secretary of Agriculture may make a resentatives of the United States of America in the Working Group not later than 180 days determination regarding whether the Forest Congress assembled, after the date of enactment of this Act. Service roads in Mount Hood National For- (3) VACANCIES.—The Regional Forester est that were selected before the date of en- SECTION 1. SHORT TITLE. shall make appointments to fill vacancies on actment of this Act for closure and decom- This Act may be cited as the ‘‘Nevada Test the Working Group as soon as practicable missioning, but have not yet been decommis- Site Veterans’ Compensation Act of 2007’’. after the vacancy has occurred. sioned, should be converted to recreational SEC. 2. FINDINGS. (4) COMPENSATION.—Members of the Work- uses to enhance recreational opportunities in Congress makes the following findings: ing Group shall not receive any compensa- the national forest, such as conversion to (1) The contribution of the State of Nevada tion for their service on the Working Group. single-track trails for mountain bikes and to the security of the United States through- (5) NOMINATIONS.—The State, county, and trails for snowmobiling, off-road vehicle use, out the Cold War and since has been unparal- Tribal governments for each county directly horseback riding, hiking, cross-country ski- leled. adjacent to or containing any portion of ing, and other recreational uses. (2) In 1950, President Harry S Truman des- Mount Hood National Forest may submit a (2) CONSIDERATION OF ENVIRONMENTAL AND ignated what would later be called the Ne- nomination to the Regional Forester for ECONOMIC IMPACTS.—In evaluating the feasi- vada Test Site as the country’s nuclear prov- each activity or interest group category de- bility and suitability of converting Forest ing grounds and, a month later, the first at- scribed in subsection (d). Service roads under this subsection to rec- mospheric test at the Nevada Test Site was (6) BROAD AND BALANCED REPRESENTA- reational uses, and the types of recreational detonated. TION.—In appointing the members of the uses to be authorized, the Secretary shall (3) The United States conducted 100 above- Working Group, the Regional Forester shall take into account the environmental and ground and 828 underground nuclear tests at provide for a balanced and broad representa- economic impacts of implementing the con- the Nevada Test Site from 1951 to 1992. tion from the recreation community. version and of the resulting recreational (4) Out of the 1,054 nuclear tests conducted (d) COMPOSITION OF WORKING GROUP.—The uses. in the United States, 928, or 88 percent, were Working Group shall be composed of 15 mem- (3) PUBLIC PROCESS.—The consideration and conducted at the Nevada Test Site. bers, selected so that the following activities selection of Forest Service roads under this (5) The Nevada Test Site has served, and and interest groups are represented: subsection for conversion to recreational continues to serve, as the premier research, (1) Summer non-mechanized recreation, uses, and the types of recreational uses to be testing, and development site for the nuclear such as hiking. authorized, shall be a public process, includ- defense capabilities of the United States. (2) Winter non-motorized recreation, such ing consultation by the Secretary of Agri- (6) The Nevada Test Site and its workers as snowshoeing and backcountry skiing. culture with the Mount Hood National For- are an essential and irreplaceable part of the (3) Mountain biking. est Recreational Working Group. Nation’s defense capabilities. (4) Hunting and fishing. (b) FUTURE CLOSURE CONSIDERATIONS.— (7) Individuals working on Cold War-era (5) Summer motorized recreation, such as Whenever the Secretary of Agriculture con- nuclear weapons programs were employed in off-highway vehicle use. siders a Forest Service road in Mount Hood facilities owned by the Federal Government (6) Local environmental groups. National Forest for possible closure and de- and the private sector producing and testing (7) Winter motorized recreation, such as commissioning after the date of enactment nuclear weapons and engaging in related snowmobiling. of this Act, the Secretary shall include, as atomic energy defense activities for the na- (8) Permitted ski areas. an alternative to decommissioning the road, tional defense beginning in the 1940s. (9) Forest products industry. consideration of converting the road to rec- (8) These Cold War atomic energy veterans (10) Affected Indian tribes. reational uses to enhance recreational oppor- helped to build and test the nuclear arsenal (11) Local holder of a recreation residence tunities in the Mount Hood National Forest. that served as a deterrent during the Cold permit. SEC. 907. IMPROVED TRAIL ACCESS FOR PER- War, sacrificing their personal health and (12) Local government interests, such as a SONS WITH DISABILITIES. well-being in service to the United States. (a) CONSTRUCTION OF TRAIL.—The Sec- county commissioner or city mayor in an (9) During the Cold War, many of these retary of Agriculture may enter into a con- elected position representing a county or workers were exposed to radiation, beryl- tract with a partner organization or other city directly adjacent or containing any por- lium, and silica, and were placed in harm’s person to design and construct a trail at a tion of Mount Hood National Forest. way by the Department of Energy and con- location selected by the Secretary in Mount (13) A resident of Government Camp. Hood National Forest suitable for use by per- tractors, subcontractors, and vendors of the (14) The State. sons with disabilities. Department without the workers’ knowledge (15) Operators of campground facilities (b) PUBLIC PROCESS.—The selection of the or consent, without adequate radiation mon- open to the general public. trail location under subsection (a) and the itoring, and without necessary protections (e) CHAIRPERSON.—The chairperson of the preparation of the design of the trail shall be from internal or external occupational radi- Working Group shall be selected by a major- a public process, including consultation by ation exposure. ity of the Working Group. the Secretary of Agriculture with the Mount (10) The Energy Employees Occupational (f) OTHER WORKING GROUP AUTHORITIES AND Hood National Forest Recreational Working Illness Compensation Program Act of 2000 (42 REQUIREMENTS.— Group. U.S.C. 7384 et seq.) (in this section referred (1) STAFF ASSISTANCE.—The Secretary of (c) FUNDING.—The Secretary of Agriculture to as ‘‘EEOICPA’’) was enacted to ensure Agriculture shall provide staff assistance to may use funds in the special account estab- fairness and equity for the men and women the Working Group from Federal employees lished under section 902 to carry out this sec- who, during the past 60 years, performed du- under the jurisdiction of the Secretary. tion. ties uniquely related to the nuclear weapons

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00117 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2100 CONGRESSIONAL RECORD — SENATE February 15, 2007 production and testing programs of the De- SEC. 3. INCLUSION OF CERTAIN NUCLEAR WEAP- Playground Movement, which took partment of Energy, its predecessor agen- ONS PROGRAM WORKERS IN SPE- kids out of factories and coal mines, cies, and its contractors by establishing a CIAL EXPOSURE COHORT UNDER ENERGY EMPLOYEES OCCUPA- and gave them parks and playgrounds program that would provide timely, uniform, TIONAL ILLNESS COMPENSATION where they could be children again. and adequate compensation for beryllium- PROGRAM. Well, today we face a different chal- and radiation-related health conditions. (a) IN GENERAL.—Section 3621 of the En- lenge. As we confront an epidemic of (11) Research by the Department of En- ergy Employees Occupational Illness Com- ergy, the National Institute for Occupational pensation Program Act of 2000 (42 U.S.C. childhood obesity, as many new ele- Safety and Health (NIOSH), NIOSH contrac- 7384l) is amended— mentary schools are built without tors, the President’s Advisory Board on Ra- (1) in paragraph (9), by adding at the end playgrounds, as recess and PE are diation and Worker Health, and congres- the following new subparagraph: phased out of so many of our schools, sional committees indicates that at certain ‘‘(C) An individual described in paragraph we need a 21st century Playground nuclear weapons facilities— (14)(D).’’; and Movement. And that’s what we are (A) workers were not adequately mon- (2) in paragraph (14), by adding at the end launching this morning. itored for internal or external exposure to the following new subparagraph: On a personal note, I have been a life- ionizing radiation; and ‘‘(D) The employee was so employed at the Nevada Test Site or other similar sites lo- long admirer of the YMCA. When I was (B) records were not maintained, are not in my early 20s and aspiring to join the reliable, are incomplete, or fail to indicate cated in Nevada during the period beginning the radioactive isotopes to which workers on January 1, 1950, and ending on December Navy as a fighter pilot, they told me: were exposed. 31, 1993, and contracted an occupational ill- First you’ve got to learn how to swim. (12) Due to the inequities posed by the fac- ness, basal cell carcinoma, or chronic So what did I do? I signed up at the Y tors described above and the resulting harm lymphocytic leukemia, and, during such em- in downtown Des Moines for swimming to the workers, Congress designated classes ployment— lessons. of atomic weapons employees at the Padu- ‘‘(i) was present during an atmospheric or Well, the Y was there for me, just as cah, Kentucky, Portsmouth, Ohio, Oak Ridge underground nuclear test or performed the Y is there for millions of American K–25, Tennessee, and the Amchitka Island, drillbacks, tunnel re-entry, or clean-up work following such a test (without regard to the families, giving them the facilities and Alaska, sites as members of the Special Ex- tools to stay fit and healthy. posure Cohort under EEOICPA. duration of employment); (13) It has become evident that it is not ‘‘(ii) was present at an event involving the You know, there is something fun- feasible to estimate with sufficient accuracy venting of an underground test or during a damentally wrong when kids spend in a timely manner the radiation dose re- planned or unplanned radiation release their free time parked in front of the ceived by employees at the Department of (without regard to the duration of employ- TV instead of playing in parks. Energy facility at the Nevada Test Site for ment); I mentioned the childhood obesity many reasons, including the following: ‘‘(iii) was present during testing or post- epidemic. ‘‘Epidemic’’ is not my word. (A) The NIOSH Technical Basis Document, test activities related to nuclear rocket or ramjet engine testing at the Nevada Test That’s what the Centers for Disease the threshold document for radiation dose Control and Prevention call it. Today, reconstruction under EEOICPA, has incom- Site (without regard to the duration of employment); nearly 15 percent of American children plete radionuclide lists. and teenagers are obese. A quarter of (B) NIOSH has not demonstrated that it ‘‘(iv) was assigned to work at Area 51 or can estimate dose from exposure to large, other classified program areas of the Nevada the children between the ages of 5 and Test Site (without regard to the duration of nonrespirable hot particles. 10 already show the early warning employment); or (C) There are significant gaps in environ- signs of heart disease. Cases of adult- ‘‘(v) was employed at the Nevada Test Site, mental measurement and exposure data. onset diabetes in children—which used and was employed in a job activity that— (D) Resuspension doses have been seriously ‘‘(I) was monitored for exposure to ionizing to be almost unheard of—have exploded underestimated. radiation; or tenfold in the last two decades. (E) NIOSH has not been able to estimate ‘‘(II) was comparable to a job that is, was, Add it all up, and experts say there is accurately exposures to bomb assembly or should have been monitored for exposure a very real prospect that today’s kids workers and radon levels. to ionizing radiation at the Nevada Test could be the first generation in Amer- (F) NIOSH has not demonstrated that it Site.’’. ican history to have a shorter lifespan can accurately sample tritiated water vapor. (b) DEADLINE FOR CLAIMS ADJUDICATION.— (G) External dose records lack integrity. than their parent’s generation. Claims for compensation under section And that is unacceptable. We are not (H) There are no beta dose data from before 3621(14)(D) of the Energy Employees Occupa- 1966. tional Illness Compensation Program Act of going to let that happen. And that is (I) There are no neutron dose data from be- 2000, as added by subsection (a), shall be ad- why we have set the goal of ensuring fore 1966 and only partial data after such judicated and a final decision issued— that every child in America gets 60 date. (1) in the case of claims pending as of the minutes of play and physical activity (J) There are no internal dose data from date of the enactment of this Act, not later every day. before late 1955 or 1956, and limited data than 30 days after such date; and Hand in hand with this important until well into the 1960s. (2) in the case of claims filed after the date new initiative, today I am honored to (K) NIOSH has ignored exposure from more of the enactment of this Act, not later than introduce with Senator HILLARY CLIN- than a dozen underground tests that vented, 30 days after the date of such filing. including Blanca, Des Moines, Baneberry, TON a bill called the PLAY Every Day Camphor, Diagonal Line, Riola, Agrini, By Mr. HARKIN (for himself and Act. That first word, PLAY, is an acro- Midas Myth, Misty Rain, and Mighty Oak. Mrs. CLINTON): nym for ‘‘Promoting Lifelong Active (L) Instead of monitoring individuals, S. 651. A bill to help promote the na- Communities.’’ groups were monitored, resulting in unreli- tional recommendation of physical ac- The PLAY Every Day Act will help able personnel monitoring. tivity to kids, families, and commu- to promote the national physical-activ- (14) Some Nevada Test Site workers, de- nities across the United States; to the ity standards for both children and spite having worked with significant adults. amounts of radioactive materials and having Committee on Health, Education, known exposures leading to serious health Labor, and Pensions. To that end, the legislation will do effects, have been denied compensation Mr. HARKIN. Mr. President, as you two things: under EEOICPA as a result of flawed calcula- may have heard, today we are launch- One, it will mandate the development tions based on records that are incomplete or ing the Partnership for Play Every Day of a well-validated assessment tool in error, or based on faulty assumptions and and it has been spearheaded by three called the ‘‘community play index,’’ to incorrect models. terrific organizations: the YMCA, the identify barriers preventing young peo- (15) Although basal cell carcinoma and National Recreation and Park Associa- ple from being physically active in a chronic lymphocytic leukemia are both tion, and the National Association for given community. radiogenic cancers that employees at the Ne- Sport and Physical Education. To- And two, it will help local coalitions vada Test Site may have contracted in the gether, they have 350 years of experi- to use this ‘‘community play index’’ as scope of their work, EEOICPA currently will not include individuals with basal cell car- ence in helping our kids to be phys- they craft plans to promote physical cinoma as members of the Special Exposure ically active or, to use the old-fash- activity and wellness in their commu- Cohort, nor does it provide for compensation ioned word, ‘‘to play.’’ nities. for employees with chronic lymphocytic leu- More than a century ago, these My vision is to have every commu- kemia. groups came together to support the nity in America focused on promoting

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00118 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2007 CONGRESSIONAL RECORD — SENATE S2101 health and preventing disease—instead uct widely. It is more important now tecting the food supply, primarily of just dealing with the bad con- then ever to reinforce any potential housed at the Food and Drug Adminis- sequences of obesity, diabetes, and weak spots in our food safety system. tration and the Department of Agri- heart disease. Last month, the Government Ac- culture, would be transferred to this By the way, I am grateful to the good countability Office (GAO) designated new agency. corporate citizens that are joining in the Federal oversight of food safety as A single food safety agency with au- the Partnership for Play Every Day, a high-risk area. In order to achieve thority based on sound scientific prin- including PepsiCo, Toyota, Kellogg greater effectiveness and account- ciples would provide this country with Company, General Mills, PlayCore, and ability, there needs to be a broad-based the greatest hope of reducing foodborne Landscape Structures. Your support of transformation of our federal food safe- illness, and would also prevent or mini- this legislation and new initiative is ty oversight. GAO concluded that the mize the harm of a bioterrorist attack going to be critical to the Partner- fragmented federal system, with 15 on our food supply. The Safe Food Act ship’s success. agencies collectively administering at of 2007 would put authority for im- So, again, I salute all the players in least 30 laws, has caused inconsistent ported and domestic food in the hands this new Partnership. Together, we can oversight and an inefficient use of re- of one Food Safety Administrator. The build a better, healthier future for sources. An accidental or deliberate Administrator would oversee one America’s children. contamination of the food supply could science-based food safety law that undermine consumer confidence and would harmonize the various authori- By Mr. DURBIN (for himself and cause severe economic consequences. It ties that currently govern food safety Mr. SCHUMER): is not a surprise that GAO placed food regulation. S. 654. A bill to establish the Food safety oversight on its high-risk list Our food distribution system has un- Safety Administration to protect the this year. GAO has been calling for a dergone many changes over the years. public health by preventing food-borne single food safety agency for the past For example, in the past, it was likely illness, ensuring the safety of food, im- 30 years. that produce that ended up in a local proving research on contaminants lead- Here is one example of where our cur- grocery store came from a farm not too ing to food-borne illness, and improv- rent food safety system doesn’t make far from the retailer. Fast forward to ing security of food from intentional sense. Take a pre-packaged ham and today produce grown on a single farm contamination, and for other purposes; cheese sandwich that’s available at in one state could end up on dinner ta- to the Committee on Agriculture, Nu- your local convenience store. The way bles in many states across the country. trition, and Forestry. the sandwich is regulated depends on We cannot continue trying to use a Mr. DURBIN. Mr. President, years how it is presented. USDA has jurisdic- 1950s food safety model to oversee a ago, a friend from Chicago went out tion if the sandwich is a packaged 21st Century food distribution system. and bought hamburger meat at a local open-face meat or poultry sandwich That’s like asking a propeller plane to grocery store. She took it home, that contains one slice of bread. If the keep up with an F–18. We need to cooked it, and gave it to her five-year- sandwich is a closed-face meat or poul- change, to shed the old bureaucratic old boy. That poor boy was exposed to try sandwich, meaning it has two slices shackles that have tied us to the over- E. coli and died a few days later, a of bread, FDA inspects it. USDA in- lapping and inefficient ad hoc food gruesome, horrible death. spects the open-face sandwiches that safety system of the past and create a In 1992, four children died and 700 are sold in interstate commerce on a system fit for the 21st Century. people were sickened by an E. coli out- daily basis while FDA inspects closed- I ask unanimous consent that the break that was traced to hamburgers face sandwiches an average of once text of the bill be printed in the served at Jack in the Box restaurants. every five years. RECORD. That outbreak proved to be a pivotal Here’s another example that illus- There being no objection, the text of moment in the history of the beef in- trates the inefficient use of resources. the bill was ordered to be printed in dustry. The Federal Government re- The U.S. Department of Agriculture the Record, as follows: vamped the meat inspection program (USDA) and the Food and Drug Admin- S. 654 which has led a decline in the number istration (FDA) both inspect shipments Be it enacted by the Senate and House of Rep- of illnesses from beef since 2000. of imported food at 18 U.S. ports-of- resentatives of the United States of America in The E. coli outbreaks from fresh entry; however the two agencies do not Congress assembled, produce that occurred at the end of share inspection resources at these SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 2006 may prove to be the critical events ports. USDA import inspectors are as- (a) SHORT TITLE.—This Act may be cited as for the produce industry as the Jack in signed to USDA-approved import in- the ‘‘Safe Food Act of 2007’’. the Box outbreak was for the meat inspection facilities at these ports and (b) TABLE OF CONTENTS.—The table of con- dustry. Three people died and nearly some of the ports also handle FDA-reg- tents of this Act is as follows: 200 were sickened in 26 States due to E. ulated products. USDA does not have Sec. 1. Short title; table of contents. coli that was traced back to packaged jurisdiction over the FDA-regulated Sec. 2. Findings; purposes. spinach. products. USDA has inspectors as- Sec. 3. Definitions. The breadth of the problem of signed to these facilities every day TITLE I—ESTABLISHMENT OF FOOD foodborne illness is stunning. The Cen- while the FDA-regulated products may SAFETY ADMINISTRATION ters for Disease Control and Prevention remain at the facilities for some time Sec. 101. Establishment of Food Safety Ad- estimate that as many as 76 million awaiting FDA inspection. In fiscal year ministration. people suffer from food poisoning each 2003, USDA spent nearly $16 million on Sec. 102. Consolidation of separate food safe- year. Of those individuals, approxi- ty and inspection services and imported food inspections and FDA agencies. mately 325,000 will be hospitalized and spent over $115 million. This is just one Sec. 103. Additional duties of the Adminis- more than 5,000 will die. Children and example of where millions of dollars tration. the elderly are especially vulnerable to could have been saved if one agency TITLE II—ADMINISTRATION OF FOOD foodborne pathogens. Despite these sta- oversaw the inspection process. SAFETY PROGRAM tistics, our food supply is still the Please join me in sponsoring the Safe Sec. 201. Administration of national pro- safest in the world; however, there are Food Act of 2007, which addresses our gram. widening gaps in our food safety sys- Nation’s fractured food safety system. Sec. 202. Registration of food establishments tem due to the fact that food safety The Safe Food Act of 2007 would create and foreign food establish- oversight has evolved over time and is a single, independent Federal food safe- ments. spread across several agencies. ty agency to administer all aspects of Sec. 203. Preventative process controls to re- As the number of foods imported Federal food safety efforts, including duce adulteration of food. Sec. 204. Performance standards for con- from outside the United States con- inspections, enforcement, standards- taminants in food. tinues to increase so do concerns that setting and research, in order to pro- Sec. 205. Inspections of food establishments. terrorists could easily attack our food tect public health. The agencies and Sec. 206. Food production facilities. supply and distribute a harmful prod- sub-agencies now charged with pro- Sec. 207. Federal and State cooperation.

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00119 Fmt 0624 Sfmt 0655 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2102 CONGRESSIONAL RECORD — SENATE February 15, 2007 Sec. 208. Imports. program, and to the most beneficial deploy- lation to be at high risk of contamination Sec. 209. Resource plan. ment of food safety resources; and the processes of which do not include a Sec. 210. Traceback. (8) the National Academy of Sciences rec- step validated to destroy contaminants. TITLE III—RESEARCH AND EDUCATION ommended in the report ‘‘Ensuring Safe (7) CATEGORY 3 FOOD ESTABLISHMENT.—The term ‘‘category 3 food establishment’’ means Sec. 301. Public health assessment system. Food from Production to Consumption’’ that Sec. 302. Public education and advisory sys- Congress establish by statute a unified and a food establishment that processes meat, poultry, seafood products, and other prod- tem. central framework for managing Federal Sec. 303. Research. food safety programs, and recommended ucts that the Administrator determines by modifying Federal statutes so that inspec- regulation to be at high risk of contamina- TITLE IV—ENFORCEMENT tion, enforcement, and research efforts are tion and whose processes include a step vali- Sec. 401. Prohibited Acts. based on scientifically supportable assess- dated to destroy contaminants. Sec. 402. Food detention, seizure, and con- ments of risks to public health; and (8) CATEGORY 4 FOOD ESTABLISHMENT.—The demnation. (9) the lack of a single focal point for food term ‘‘category 4 food establishment’’ means Sec. 403. Notification and recall. safety leadership in the United States under- a food establishment that processes all other Sec. 404. Injunction proceedings. cuts the ability of the United States to exert categories of food products not described in Sec. 405. Civil and criminal penalties. food safety leadership internationally, which paragraphs (5) through (7). Sec. 406. Presumption. is detrimental to the public health and the (9) CATEGORY 5 FOOD ESTABLISHMENT.—The Sec. 407. Whistleblower protection. international trade interests of the United term ‘‘category 5 food establishment’’ means Sec. 408. Administration and enforcement. States. a food establishment that stores, holds, or Sec. 409. Citizen civil actions. (b) PURPOSES.—The purposes of this Act transports food products prior to delivery for TITLE V—IMPLEMENTATION are— retail sale. Sec. 501. Definition. (1) to establish a single agency to be (10) CONTAMINANT.—The term ‘‘contami- Sec. 502. Reorganization plan. known as the ‘‘Food Safety Administration’’ nant’’ includes a bacterium, chemical, nat- Sec. 503. Transitional authorities. to— ural or manufactured toxin, virus, parasite, Sec. 504. Savings provisions. (A) regulate food safety and labeling to prion, physical hazard, or other human Sec. 505. Conforming amendments. strengthen the protection of the public pathogen that when found on or in food can Sec. 506. Additional technical and con- health; cause human illness, injury, or death. forming amendments. (B) ensure that food establishments fulfill (11) CONTAMINATION.—The term ‘‘contami- Sec. 507. Regulations. their responsibility to produce food in a nation’’ refers to a presence of a contami- Sec. 508. Authorization of appropriations. manner that protects the public health of all nant in food. Sec. 509. Limitation on authorization of ap- people in the United States; (12) FOOD.— propriations. (C) lead an integrated, system-wide ap- (A) IN GENERAL.—The term ‘‘food’’ means a Sec. 510. Effective date. proach to food safety and to make more ef- product intended to be used for food or drink for a human or an animal. SEC. 2. FINDINGS; PURPOSES. fective and efficient use of resources to prevent food-borne illness; (B) INCLUSIONS.—The term ‘‘food’’ includes (a) FINDINGS.—Congress finds that— any product (including a meat food product, (D) provide a single focal point for food (1) the safety of the food supply of the as defined in section 1(j) of the Federal Meat safety leadership, both nationally and inter- United States is vital to the public health, to Inspection Act (21 U.S.C. 601(j))), capable for nationally; and public confidence in the food supply, and to use as human food that is made in whole or (E) provide an integrated food safety re- the success of the food sector of the Nation’s in part from any animal, including cattle, search capability, utilizing internally-gen- economy; sheep, swine, or goat, or poultry (as defined erated, scientifically and statistically valid (2) lapses in the protection of the food sup- in section 4 of the Poultry Products Inspec- studies, in cooperation with academic insti- ply and loss of public confidence in food safe- tion Act (21 U.S.C. 453)), and animal feed. tutions and other scientific entities of the ty are damaging to consumers and the food (C) EXCLUSION.—The term ‘‘food’’ does not Federal and State governments, to achieve industry, and place a burden on interstate include dietary supplements, as defined in commerce; the continuous improvement of research on section 201(ff) of the Federal Food, Drug, and (3) the safety and security of the food sup- food-borne illness and contaminants; Cosmetic Act (21 U.S.C. 321(ff)). (2) to transfer to the Food Safety Adminis- ply requires an integrated, system-wide ap- (13) FOOD ESTABLISHMENT.— tration the food safety, labeling, inspection, proach to preventing food-borne illness, a (A) IN GENERAL.—The term ‘‘food establish- thorough and broad-based approach to basic and enforcement functions that, as of the ment’’ means a slaughterhouse, factory, and applied research, and intensive, effec- day before the effective date of this Act, are warehouse, or facility owned or operated by tive, and efficient management of the Na- performed by other Federal agencies; and a person located in any State that processes tion’s food safety program; (3) to modernize and strengthen the Fed- food or a facility that holds, stores, or trans- (4) the task of preserving the safety of the eral food safety laws to achieve more effec- ports food or food ingredients. food supply of the United States faces tre- tive application and efficient management of (B) EXCLUSIONS.—For the purposes of reg- mendous pressures with regard to— the laws for the protection and improvement istration, the term ‘‘food establishment’’ (A) emerging pathogens and other con- of public health. does not include a farm, restaurant, other re- taminants and the ability to detect all forms SEC. 3. DEFINITIONS. tail food establishment, nonprofit food es- of contamination; In this Act: tablishment in which food is prepared for or (B) an aging and immune compromised (1) ADMINISTRATION.—The term ‘‘Adminis- served directly to the consumer, or fishing population, with a growing number of people tration’’ means the Food Safety Administra- vessel (other than a fishing vessel engaged in at high-risk for food-borne illnesses, includ- tion established under section 101(a)(1). processing, as that term is defined in section ing infants and children; (2) ADMINISTRATOR.—The term ‘‘Adminis- 123.3 of title 21, Code of Federal Regulations). (C) an increasing volume of imported food, trator’’ means the Administrator of Food (14) FOOD PRODUCTION FACILITY.—The term without adequate monitoring and inspection; Safety appointed under section 101(a)(3). ‘‘food production facility’’ means any farm, and (3) ADULTERATED.— ranch, orchard, vineyard, aquaculture facil- (D) maintenance of rigorous inspection of (A) IN GENERAL.—The term ‘‘adulterated’’ ity, or confined animal-feeding operation. the domestic food processing and food serv- has the meaning described in subsections (a) (15) FOOD SAFETY LAW.—The term ‘‘food ice industries; through (c) of section 402 of the Federal safety law’’ means— (5) Federal food safety standard setting, in- Food, Drug, and Cosmetic Act (21 U.S.C. 342). (A) the provisions of the Federal Food, spection, enforcement, and research efforts (B) INCLUSION.—The term ‘‘adulterated’’ in- Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) should be based on the best available science cludes bearing or containing a contaminant related to and requiring the safety, labeling, and public health considerations and food that causes illness or death among sensitive and inspection of food, infant formulas, food safety resources should be systematically de- populations. additives, pesticide residues, and other sub- ployed in ways that most effectively prevent (4) AGENCY.—The term ‘‘agency’’ has the stances present in food under that Act; food-borne illness; meaning given that term in section 551 of (B) the provisions of the Federal Food, (6) the Federal food safety system is frag- title 5, United States Code. Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) mented, with at least 12 Federal agencies (5) CATEGORY 1 FOOD ESTABLISHMENT.—The and of any other Act that are administered sharing responsibility for food safety, and term ‘‘category 1 food establishment’’ means by the Center for Veterinary Medicine of the operates under laws that do not reflect cur- a food establishment that slaughters animals Food and Drug Administration; rent conditions in the food system or current for food. (C) the Poultry Products Inspection Act (21 scientific knowledge about the cause and (6) CATEGORY 2 FOOD ESTABLISHMENT.—The U.S.C. 451 et seq.); prevention of food-borne illness; term ‘‘category 2 food establishment’’ means (D) the Federal Meat Inspection Act (21 (7) the fragmented Federal food safety sys- a food establishment that processes raw U.S.C. 601 et seq.); tem and outdated laws preclude an inte- meat, poultry, seafood products, regardless (E) the Egg Products Inspection Act (21 grated, system-wide approach to preventing of whether the establishment also has a kill U.S.C. 1031 et seq.); food-borne illness, to the effective and effi- step, and animal feed and other products (F) the Sanitary Food Transportation Act cient operation of the Nation’s food safety that the Administrator determines by regu- of 1990 (49 U.S.C. App. 2801 et seq.);

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00120 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2007 CONGRESSIONAL RECORD — SENATE S2103 (G) the amendments made by the Sanitary (C) coordination and prioritization of food (1) procure the services of temporary or Food Transportation Act of 2005 (subtitle B safety research and education programs with intermittent experts and consultants as au- of title VII of the Safe, Accountable, Flexi- other Federal agencies; thorized by section 3109 of title 5, United ble, Efficient Transportation Equity Act: A (D) prioritization of Federal food safety ef- States Code; and Legacy for Users) (21 U.S.C. 301 note); forts and deployment of Federal food safety (2) pay in connection with those services (H) the provisions of the Humane Methods resources to achieve the greatest possible the travel expenses of the experts and con- of Slaughter Act of 1978 (21 U.S.C. 601 note) benefit in reducing food-borne illness; sultants, including transportation and per administered by the Food Safety and Inspec- (E) coordination of the Federal response to diem in lieu of subsistence while away from tion Service; food-borne illness outbreaks with other Fed- the homes or regular places of business of (I) the provisions of this Act; and eral and State agencies; and the individuals, as authorized by section 5703 (J) such other provisions of law related to (F) integration of Federal food safety ac- of that title. and requiring food safety, labeling, inspec- tivities with State and local agencies. (c) BUREAUS, OFFICES, AND DIVISIONS.—The Administrator may establish within the Ad- tion, and enforcement as the President des- SEC. 102. CONSOLIDATION OF SEPARATE FOOD ignates by Executive order as appropriate to SAFETY AND INSPECTION SERVICES ministration such bureaus, offices, and divi- include within the jurisdiction of the Admin- AND AGENCIES. sions as the Administrator determines are necessary to perform the duties of the Ad- istration. (a) TRANSFER OF FUNCTIONS.—For each ministrator. (16) FOREIGN FOOD ESTABLISHMENT.—The Federal agency specified in subsection (b), (d) ADVISORY COMMITTEES.— term ‘‘foreign food establishment’’ means a there are transferred to the Administration (1) IN GENERAL.—The Administrator shall slaughterhouse, factory, warehouse, or facil- all functions that the head of the Federal establish advisory committees that consist ity located outside the United States that agency exercised on the day before the effec- of representatives of scientific expert bodies, processes food for consumption that is im- tive date of this Act (including all related academics, industry specialists, and con- ported into the United States or food ingre- functions of any officer or employee of the sumers. dients. Federal agency) that relate to administra- (2) DUTIES.—The duties of an advisory com- (17) INTERSTATE COMMERCE.—The term tion or enforcement of the food safety law, mittee established under paragraph (1) may ‘‘interstate commerce’’ has the meaning as determined by the President. include developing recommendations with given that term in section 201(b) of the Fed- (b) TRANSFERRED AGENCIES.—The Federal respect to the development of new processes, eral Food, Drug, and Cosmetic Act (21 U.S.C. agencies referred to in subsection (a) are— research, communications, performance 321(b)). (1) the Food Safety and Inspection Service standards, and inspection. (18) MISBRANDED.—The term ‘‘misbranded’’ of the Department of Agriculture; TITLE II—ADMINISTRATION OF FOOD has the meaning given that term in section (2) the Center for Food Safety and Applied SAFETY PROGRAM 403 of the Federal Food, Drug, and Cosmetic Nutrition of the Food and Drug Administra- Act (21 U.S.C. 343). tion; SEC. 201. ADMINISTRATION OF NATIONAL PRO- GRAM. (19) PROCESS.—The term ‘‘process’’ or (3) the part of the Agriculture Marketing (a) IN GENERAL.—The Administrator ‘‘processing’’ means the commercial har- Service that administers shell egg surveil- shall— vesting, slaughter, packing, preparation, or lance services established under the Egg (1) administer a national food safety pro- manufacture of food. Products Inspection Act (21 U.S.C. 1031 et gram (referred to in this section as the ‘‘pro- (20) SAFE.—The term ‘‘safe’’ refers to seq.); gram’’) to protect public health; and human and animal health. (4) the resources and facilities of the Office (2) ensure that persons who produce or (21) STATE.—The term ‘‘State’’ means— of Regulatory Affairs of the Food and Drug process food meet their responsibility to pre- (A) a State; Administration that administer and conduct vent or minimize food safety hazards related (B) the District of Columbia; inspections of food establishments and im- to their products. (C) the Commonwealth of Puerto Rico; and ports; (b) COMPREHENSIVE ANALYSIS.—The pro- (D) any other territory or possession of the (5) the resources and facilities of the Office gram shall be based on a comprehensive United States. of the Commissioner of the Food and Drug analysis of the hazards associated with dif- (22) VALIDATION.—The term ‘‘validation’’ Administration that support— ferent food and with the processing of dif- means the obtaining of evidence that the (A) the Center for Food Safety and Applied ferent food, including the identification and food hygiene control measure or measures Nutrition; evaluation of— selected to control a hazard in food is capa- (B) the Center for Veterinary Medicine; (1) the severity of the potential health ble of effectively and consistently control- and risks; ling the hazard. (C) the Office of Regulatory Affairs facili- (2) the sources and specific points of poten- (23) STATISTICALLY VALID.—With respect to ties and resources described in paragraph (4); tial contamination extending from the farm a study, the term ‘‘statistically valid’’ (6) the Center for Veterinary Medicine of or ranch to the consumer that may render means evaluated and conducted under stand- the Food and Drug Administration; food unsafe; ards set by the National Institute of Stand- (7) the resources and facilities of the Envi- (3) the potential for persistence, mul- ards and Technology. ronmental Protection Agency that control tiplication, or concentration of naturally oc- TITLE I—ESTABLISHMENT OF FOOD and regulate pesticide residues in food; curring or added contaminants in food; SAFETY ADMINISTRATION (8) the part of the Research, Education, (4) opportunities across the food produc- SEC. 101. ESTABLISHMENT OF FOOD SAFETY AD- and Economics mission area of the Depart- tion, processing, distribution, and retail sys- MINISTRATION. ment of Agriculture related to food safety tem to reduce potential health risks; and (a) ESTABLISHMENT.— and animal feed research; (5) opportunities for intentional contami- (1) IN GENERAL.—There is established in the (9) the part of the National Marine Fish- nation. executive branch an agency to be known as eries Service of the National Oceanic and At- (c) PROGRAM ELEMENTS.—In carrying out the ‘‘Food Safety Administration’’. mospheric Administration of the Depart- the program, the Administrator shall— (2) STATUS.—The Administration shall be ment of Commerce that administers the sea- (1) adopt and implement a national system an independent establishment (as defined in food inspection program; for the registration of food establishments section 104 of title 5, United States Code). (10) the Animal and Plant Inspection and foreign food establishments and regular (3) HEAD OF ADMINISTRATION.—The Admin- Health Service of the Department of Agri- unannounced inspection of food establish- istration shall be headed by the Adminis- culture; and ments; trator of Food Safety, who shall be ap- (11) such other offices, services, or agencies (2) enforce the adoption of process controls pointed by the President, by and with the ad- as the President designates by Executive in food establishments, based on best avail- vice and consent of the Senate. order to carry out this Act. able scientific and public health consider- (b) DUTIES OF ADMINISTRATOR.—The Ad- SEC. 103. ADDITIONAL DUTIES OF THE ADMINIS- ations and best available technologies; ministrator shall— TRATION. (3) establish and enforce science-based (1) administer and enforce the food safety (a) OFFICERS AND EMPLOYEES.—The Admin- standards for— law; istrator may— (A) substances that may contaminate food; (2) serve as a representative to inter- (1) appoint officers and employees for the and national food safety bodies and discussions; Administration in accordance with the pro- (B) safety and sanitation in the processing (3) promulgate regulations to ensure the visions of title 5, United States Code, relat- and handling of food; security of the food supply from all forms of ing to appointment in the competitive serv- (4) implement a statistically valid sam- contamination, including intentional con- ice; and pling program to ensure that industry pro- tamination; and (2) fix the compensation of those officers grams and procedures that prevent food con- (4) oversee— and employees in accordance with chapter 51 tamination are effective on an ongoing basis (A) implementation of Federal food safety and with subchapter III of chapter 53 of that and that food meets the standards estab- inspection, enforcement, and research ef- title, relating to classification and General lished under this Act; forts, to protect the public health; Schedule pay rates. (5) implement procedures and requirements (B) development of consistent and science- (b) EXPERTS AND CONSULTANTS.—The Ad- to ensure the safety and security of imported based standards for safe food; ministrator may— food;

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00121 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2104 CONGRESSIONAL RECORD — SENATE February 15, 2007 (6) coordinate with other agencies and tions by which such list may be shared with SEC. 204. PERFORMANCE STANDARDS FOR CON- State or local governments in carrying out other governmental authorities. TAMINANTS IN FOOD. inspection, enforcement, research, and moni- (5) DISCLOSURE EXEMPTION.—The disclosure (a) IN GENERAL.—To protect the public toring; requirements under section 552 of title 5, health, the Administrator shall establish by (7) have access to the surveillance data of United States Code, shall not apply to— regulation and enforce performance stand- the Centers for Disease Control and Preven- (A) the list compiled under paragraph (4); ards that define, with respect to specific tion, and other Federal Government agen- and food-borne contaminants and foods, the level cies, in order to implement a national sur- (B) information derived from the list under of food safety performance that a person re- veillance system to assess the health risks paragraph (4), to the extent that it discloses sponsible for producing, processing, or sell- associated with the human consumption of the identity or location of a specific reg- ing food shall meet. (b) IDENTIFICATION OF CONTAMINANTS; PER- food or to create surveillance data and stud- istered person. FORMANCE STANDARDS.— ies; (6) SUSPENSION OF REGISTRATION.— (1) IN GENERAL.—Not later than 6 months (8) develop public education risk commu- (A) IN GENERAL.—The Administrator may after the date of enactment of this Act, the nication and advisory programs; suspend the registration of a food establish- Administrator shall identify the food-borne (9) implement a basic and applied research ment or foreign food establishment, includ- contaminants and food that contribute sig- program to further the purposes of this Act; ing the facility of an importer, for violation nificantly to the risk of food-borne illness. and of a food safety law. (2) PERFORMANCE STANDARDS.—As soon as (10) coordinate and prioritize food safety (B) NOTICE AND OPPORTUNITY FOR HEAR- practicable after the identification of the research and educational programs with ING.—The Administrator shall provide notice contaminants under paragraph (1), the Ad- other agencies, including State or local to a registrant immediately upon the suspen- ministrator shall establish appropriate per- agencies. sion of the registration of the facility and formance standards to protect against all provide registrant with an opportunity for a SEC. 202. REGISTRATION OF FOOD ESTABLISH- food-borne contaminants. hearing within 3 days of the suspension. MENTS AND FOREIGN FOOD ESTAB- (3) SIGNIFICANT CONTAMINANTS.—The Ad- (7) REINSTATEMENT.—A registration that is LISHMENTS. ministrator shall establish performance suspended under this section may be rein- (a) IN GENERAL.—The Administrator shall standards for the 5 contaminants that con- stated pursuant to criteria published in the by regulation require that any food estab- tribute to the greatest number of illnesses or Federal Register by the Administrator. lishment or foreign food establishment en- deaths associated with raw meat, poultry, gaged in processing food in the United States SEC. 203. PREVENTATIVE PROCESS CONTROLS and seafood not later than 3 years after the be registered with the Administrator. TO REDUCE ADULTERATION OF FOOD. date of enactment of this Act. The Adminis- (b) REGISTRATION REQUIREMENTS.— (a) IN GENERAL.—The Administrator shall, trator shall revise such standards not less (1) IN GENERAL.—To be registered under upon the basis of best available public often than every 3 years. subsection (a)— health, scientific, and technological data, (c) PERFORMANCE STANDARDS.— (A) in the case of a food establishment, the promulgate regulations to ensure that food (1) IN GENERAL.—The performance stand- owner, operator, or agent in charge of the establishments carry out their responsibil- ards established under this section shall in- food establishment shall submit a registra- ities to— clude— tion to the Administrator; and (1) process food in a sanitary manner so (A) health-based standards that set the (B) in the case of a foreign food establish- that it is free of dirt and filth; level of a contaminant that can safely and ment, the owner, operator, or agent in (2) limit the presence of potentially harm- lawfully be present in food; charge of the foreign food establishment ful contaminants in food; (B) zero tolerances, including zero toler- shall— (3) implement appropriate measures of pre- ances for fecal matter, in addition to any (i) submit a registration to the Adminis- ventative process control to minimize and zero-tolerance standards in effect on the day trator; and reduce the presence and growth of contami- before the date of enactment of this Act, (ii) provide the name, address, and emer- nants in food and meet the performance when necessary to protect against signifi- gency contact information of the United standards established under section 204; cant adverse health outcomes; States agent for the foreign food establish- (4) process all fully processed or ready-to- (C) process standards, such as log reduc- ment. eat food in a sanitary manner, using reason- tion criteria for cooked products, when suffi- (2) REGISTRATION.—A food establishment or ably available techniques and technologies cient to ensure the safety of processed food; foreign food establishment shall submit a to eliminate any potentially harmful con- and registration under paragraph (1) to the Ad- taminants; and (D) in the absence of data to support a per- ministrator that— (5) label food intended for final processing formance standard described in subparagraph (A) identifies the name, address, and emer- outside commercial food establishments (A), (B), or (C), standards that define re- gency contact information of each food es- with instructions for handling and prepara- quired performance in terms of ‘‘best reason- tablishment or foreign food establishment tion for consumption that will destroy con- ably achievable performance’’, using best that the registrant operates under this Act taminants. available technologies, interventions, and and all trade names under which the reg- (b) REGULATIONS.—Not later than 1 year practices. istrant conducts business relating to food; after the effective date of this Act, the Ad- (2) BEST REASONABLY ACHIEVABLE PERFORM- (B) lists the primary purpose and business ministrator shall promulgate regulations ANCE STANDARDS.—In developing best reason- activity of each food establishment or for- that— ably achievable performance standards, the eign food establishment, including the dates (1) require all food establishments to adopt Administrator shall collect, or contract for of operation if the food establishment or for- preventative process controls that are— the collection of, data on current best prac- eign food establishment is seasonal; (A) adequate to protect the public health; tices and food safety outcomes related to the (C) lists the types of food processed or sold (B) meet relevant regulatory and food safe- contaminants and foods in question, as the at each food establishment or, for foreign ty standards; and Administrator determines necessary. food establishments selling food for con- (C) limit the presence and growth of con- (3) REVOCATION BY ADMINISTRATOR.—All sumption in the United States, identifies the taminants in food prepared in a food estab- performance standards, tolerances, action specific food categories of that food as listed lishment; levels, or other similar standards in effect on under section 170.3 of title 21, Code of Fed- (2) set standards for sanitation; the date of enactment of this Act shall re- eral Regulations; and (3) meet any performance standards for main in effect until revised or revoked by (D) not later than 30 days after a change in contaminants established under section 204; the Administrator. the products, function, or legal status of the (4) require recordkeeping to monitor com- (d) ENFORCEMENT.— food establishment or foreign food establish- pliance; (1) IN GENERAL.—Not later than 1 year after ment (including cessation of business activi- (5) require sampling and testing at a fre- the promulgation of a performance standard ties), notifies the Administrator of the quency and in a manner sufficient to ensure under this section, the Administrator shall change. that process controls are effective on an on- implement a statistically significant sam- (3) PROCEDURE.—Upon receipt of a com- going basis and that regulatory standards pling program to determine whether food es- pleted registration described in paragraph are being met; and tablishments are complying with the per- (1), the Administrator shall notify the reg- (6) provide for agency access to records formance standards promulgated under this istrant of the receipt of the registration, des- kept by food establishments and submission section. The program established under this ignate each establishment as a category 1, 2, of copies of the records to the Administrator, paragraph shall be at least as stringent as 3, 4, or 5 food establishment, and assign a as the Administrator determines appro- the Hazard Analysis and Critical Control registration number to each food establish- priate. Point System requirements established ment and foreign food establishment. (c) PROCESSING CONTROLS.—The Adminis- under part 417 of title 9, Code of Federal Reg- (4) LIST.—The Administrator shall compile trator may require any person with responsi- ulations (or successor regulation). and maintain an up-to-date list of food es- bility for or control over food or food ingre- (2) INSPECTIONS.—If the Administrator de- tablishments and foreign food establish- dients to adopt process controls, if the proc- termines that a food establishment fails to ments that are registered under this section. ess controls are needed to ensure the protec- meet a standard promulgated under this sec- The Administrator may establish regulation of the public health. tion, and such establishment fails to take

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00122 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2007 CONGRESSIONAL RECORD — SENATE S2105 appropriate corrective action as determined graphs, and copies of records in food estab- (1) In the case of a category 1 or 2 food es- by the Administrator, the Administrator lishments. tablishment, the Administrator shall con- shall, as appropriate— (d) ALTERNATIVE INSPECTION FRE- tinue to implement the applicable inspection (A) detain, seize, or condemn food from the QUENCIES.—With respect to a category 2, 3, 4, mandates of the Federal Meat Inspection Act food establishment under section 402; or 5 food establishment, the Administrator (21 U.S.C. 601 et seq.), the Poultry Products (B) order a recall of food from the food es- may establish alternative increasing or de- Inspection Act (21 U.S.C. 451 et seq.), and the tablishment under section 403; creasing inspection frequencies for subcat- Federal Food, Drug, and Cosmetic Act (21 (C) increase the inspection frequency for egories of food establishments or individual U.S.C. 301 et seq.) until— the food establishment; establishments, to foster risk-based alloca- (A) regulations required to implement this (D) withdraw the mark of inspection from tion of resources, subject to the following section have been promulgated; criteria and procedures: the food establishment, if in use; or (B) the performance standards required by (1) Subcategories of food establishments (E) take other appropriate enforcement ac- section 204(c) have been promulgated and im- and their alternative inspection frequencies tion concerning the food establishment, in- plemented for 1 year; and shall be defined by regulation, subject to cluding withdrawal of registration. (C) the establishment has achieved compli- paragraphs (2) and (3). (e) NEWLY IDENTIFIED CONTAMINANTS.—Not- ance with the other applicable provisions of withstanding any other provision of this sec- (2) Regulations of alternative inspection frequencies for subcategories of food estab- the food safety law. tion, the Administrator shall promulgate in- (2) In the case of a category 1 or 2 food es- terim performance standards for newly iden- lishments under paragraph (1) and for a specific food establishment under paragraph (4) tablishment that, within 2 years after the tified contaminants as necessary to protect promulgation of the performance standards the public health. shall provide that— (A) category 2 food establishments shall be required by section 204(c), has not achieved SEC. 205. INSPECTIONS OF FOOD ESTABLISH- compliance with the food safety law, the Ad- MENTS. inspected at least monthly; and ministrator shall— (a) IN GENERAL.—The Administrator shall (B) category 3, 4, and 5 food establishments establish an inspection program, which shall shall be inspected at least annually. (A) issue an order prohibiting the estab- include sampling and testing of food and food (3) In defining subcategories of food establishment from operating pending a dem- establishments, to determine if each food es- lishments and their alternative inspection onstration by the establishment that suffi- tablishment— frequencies under paragraphs (1) and (2), the cient changes in facilities, procedures, per- (1) is operating in a sanitary manner; Administrator shall consider— sonnel, or other aspects of the process con- (2) has continuous systems, interventions, (A) the nature of the food products being trol system have been made such that the and processes in place to minimize or elimi- processed, stored, or transported; Administrator determines that compliance nate contaminants in food; (B) the manner in which food products are with the food safety law is achieved; and (3) is in compliance with applicable per- processed, stored, or transported; (B) following the demonstration required formance standards established under sec- (C) the inherent likelihood that the prod- in subparagraph (A), issue an order author- tion 204, and other regulatory requirements; ucts will contribute to the risk of food-borne izing the food establishment to operate sub- (4) is processing food that is safe and not illness; ject, at a minimum, to— adulterated or misbranded; (D) the best available evidence concerning (i) the inspection requirement applicable (5) maintains records of process control reported illnesses associated with the foods to the establishment under subsection (b) (1) plans under section 203, and other records reproduced in the proposed subcategory of es- or (2); and lated to the processing, sampling, and han- tablishments; and (ii) such other inspection or compliance dling of food; and (E) the overall record of compliance with measures determined by the Administrator (6) is in compliance with the requirements the food safety law among establishments in necessary to assure compliance with the ap- of the food safety law. the proposed subcategory, including compli- plicable food safety law. (b) ESTABLISHMENT CATEGORIES AND IN- ance with applicable performance standards (3) In the case of a category 3 food estab- SPECTION FREQUENCIES.—The resource plan and the frequency of recalls. lishment, the Administrator shall continue required under section 209, including the de- (4) The Administrator may adopt alter- to implement the applicable inspection man- scription of resources required to carry out native inspection frequencies for increased dates of the Federal Meat Inspection Act (21 inspections of food establishments, shall be or decreased inspection for a specific estab- U.S.C. 601 et seq.), the Poultry Products In- based on the following categories and inspec- lishment, subject to paragraphs (2) and (5) spection Act (21 U.S.C. 451 et seq.), and the tion frequencies, subject to subsections (c), and shall periodically publish a list of estab- Federal Food, Drug, and Cosmetic Act (21 (d), and (e): lishments subject to alternative inspections. U.S.C. 301 et seq.) until— (1) CATEGORY 1 FOOD ESTABLISHMENTS.—A (5) In adopting alternative inspection fre- (A) the regulations required to implement category 1 food establishment shall be sub- quencies for a specific establishment, the this section have been promulgated; ject to antemortem, postmortem, and con- Administrator shall consider— (B) the first resource plan under section 209 tinuous inspection of each slaughter line (A) the criteria in paragraph (3); has been submitted; and during all operating hours, and other inspec- (B) whether products from the specific es- (C) for individual establishments, compli- tion on a daily basis, sufficient to verify tablishment have been associated with a case ance with the food safety law has been dem- that— or an outbreak of food-borne illness; and onstrated. (A) diseased animals are not offered for (C) the record of the establishment of com- (4) In the case of a category 3 food estab- slaughter; pliance with the food safety law, including lishment that, within 1 year after the pro- (B) the food establishment has successfully compliance with applicable performance mulgation of the regulations required to im- identified and removed from the slaughter standards and the frequency of recalls. plement this section, have not demonstrated line visibly defective or contaminated car- (6) Before establishing decreased alter- compliance with the food safety law, the Ad- casses, has avoided cross-contamination, and native inspection frequencies for subcat- ministrator shall— destroyed or reprocessed them in a manner egories of establishments or individual es- (A) issue an order prohibiting the estab- acceptable to the Administrator; and tablishments, the Administrator shall— lishment from operating, pending a dem- (C) that applicable performance standards (A) determine, based on the best available onstration by the establishment that suffi- and other provisions of the food safety law, evidence, that the alternative uses of the re- cient changes in facilities, procedures, per- including those intended to eliminate or resources required to carry out the inspection sonnel, or other aspects of the process con- duce pathogens, have been satisfied. activity would make a greater contribution trol system have been made such that the (2) CATEGORY 2 FOOD ESTABLISHMENTS.—A to protecting the public health and reducing Administrator determines that compliance category 2 food establishment shall be ran- the risk of food-borne illness than the use of with the food safety law is achieved; and domly inspected at least daily. resources described in subsection (b); (B) following the demonstration required (3) CATEGORY 3 FOOD ESTABLISHMENTS.—A (B) describe the alternative uses of rein subparagraph (A), issue an order author- category 3 food establishment shall— sources in general terms when issuing the izing the establishment to operate subject, (A) have ongoing verification that its proc- regulation or order that establishes the al- at a minimum, to— esses are controlled; and ternative inspection frequency; (i) the inspection requirement applicable (B) be randomly inspected at least month- (C) consider the supporting evidence that to the establishment under subsection (b)(3); ly. an individual food establishment shall sub- and (4) CATEGORY 4 FOOD ESTABLISHMENTS.—A mit related to whether an alternative inspec- (ii) such other inspection or compliance category 4 food establishment shall be ran- tion frequency should be established for such measures determined by the Administrator domly inspected at least quarterly. establishment by the Administrator; and necessary to assure compliance with the food (5) CATEGORY 5 FOOD ESTABLISHMENTS.—A (D) include a description of the alternative safety law. category 5 food establishment shall be ran- uses in the annual resource plan required in (5) In the case of a category 4 or 5 food es- domly inspected at least annually. section 209. tablishment, the inspection requirements of (c) ESTABLISHMENT OF INSPECTION PROCE- (e) INSPECTION TRANSITION.—The Adminis- this Act shall be implemented as soon as pos- DURES.—The Administrator shall establish trator shall manage the transition to the in- sible after— procedures under which inspectors or safety spection system described in this Act as fol- (A) the promulgation of the regulations re- officers shall take random samples, photo- lows: quired to implement this section;

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FEDERAL AND STATE COOPERATION. year in which the Administration is oper- tronic) and at any location, that are nec- (a) IN GENERAL.—The Administrator shall ating with budgetary resources that Con- essary to assist the Administrator— work with the States to carry out activities gress has appropriated following consider- (I) to determine whether the food is con- and programs that create a national food ation of the resource plan under section 209. taminated or not in compliance with the safety program so that Federal and State (f) OFFICIAL MARK.— food safety law; or programs function in a coordinated and cost- (1) IN GENERAL.— (II) to track the food in commerce. effective manner. (A) ESTABLISHMENT.—Before the comple- (B) REQUIRED DISCLOSURE.—A food estab- (b) STATE ACTION.—The Administrator tion of the transition process under para- lishment shall have an affirmative obliga- shall work with States to— graphs (1) through (3) of subsection (e), the tion to disclose to the Administrator the re- (1) continue, strengthen, or establish State Administrator shall by regulation establish sults of testing or sampling of food, equip- food safety programs, especially with respect an official mark that shall be affixed to a ment, or material in contact with food, that to the regulation of retail commercial food food product produced in a category 1, 2, or is positive for any contaminant. establishments, transportation, harvesting, 3 establishment, subject to subparagraph (B). (2) MAINTENANCE OF RECORDS.—The records and fresh markets; (B) PREREQUISITE.—The official mark rein paragraph (1) shall be maintained for a (2) continue, strengthen, or establish in- quired under subparagraph (A) shall be af- reasonable period of time, as determined by spection programs and requirements to en- fixed to a food product by the Administrator the Administrator. sure that food under the jurisdiction of the if the establishment has been inspected by (3) REQUIREMENTS.—The records in para- State is safe; and the Administrator in accordance with the in- graph (1) shall include records describing— (3) support recall authorities at the State spection frequencies under this section and (A) the origin, receipt, delivery, sale, and local levels. the establishment is in compliance with the movement, holding, and disposition of food (c) ASSISTANCE.—To assist in planning, de- food safety law. or ingredients; veloping, and implementing a food safety (C) REMOVAL OF OFFICIAL MARK.—The Ad- (B) the identity and quantity of ingredi- program, the Administrator may provide and ministrator shall promulgate regulations ents used in the food; continue to a State— that provide for the removal of the official (C) the processing of the food; (1) advisory assistance; mark under this subsection if the Adminis- (D) the results of laboratory, sanitation, or (2) technical and laboratory assistance and trator makes a finding that the establish- other tests performed on the food or in the training (including necessary materials and ment is not in compliance with the food safe- food establishment; equipment); and ty law. (E) consumer complaints concerning the (3) financial, in kind, and other aid. (2) CATEGORY 1, 2, OR 3 FOOD ESTABLISH- food or packaging of the food; (d) SERVICE AGREEMENTS.— MENTS.—In the case of products produced in (F) the production codes, open date codes, (1) IN GENERAL.—The Administrator may, a category 1, 2, or 3 food establishment— and locations of food production; and under agreements entered into with Federal, (A) products subject to Federal Meat In- (G) other matters reasonably related to State, or local agencies, use on a reimburs- spection Act (21 U.S.C. 601 et seq.), the Poul- whether food is unsafe, is adulterated or mis- able basis or otherwise, the personnel and try Products Inspection Act (21 U.S.C. 451 et branded, or otherwise fails to meet the re- services of those agencies in carrying out seq.), the Egg Products Inspection Act (21 quirements of this Act. this Act. U.S.C. 1031 et seq.), and the Federal Food, (i) PROTECTION OF SENSITIVE INFORMA- (2) TRAINING.—Agreements with a State Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) TION.— under this subsection may provide for train- as of the date of enactment of this Act shall (1) IN GENERAL.—The Administrator shall remain subject to the requirement under develop and maintain procedures to prevent ing of State employees. those Acts that they bear the mark of in- the unauthorized disclosure of any trade se- (3) MAINTENANCE OF AGREEMENTS.—The Ad- spection pending completion of the transi- cret or confidential information obtained by ministrator shall maintain any agreement tion process under paragraphs (1) through (3) the Administrator. that is in effect on the day before the date of enactment of this Act until the Adminis- of subsection (e); (2) LIMITATION.—The requirement under (B) the Administrator shall publicly cer- this subsection does not— trator evaluates such agreement and deter- tify on a monthly basis that the inspection (A) limit the authority of the Adminis- mines whether to maintain or substitute frequencies required under this Act have trator to inspect or copy records or to re- such agreement. (e) AUDITS.— been achieved; and quire the establishment or maintenance of (1) IN GENERAL.—The Administrator shall (C) a product from an establishment that records under this Act; annually conduct a comprehensive review of has not been inspected in accordance with (B) have any legal effect on section 1905 of each State program that provides services to the required frequencies under this section title 18, United States Code; the Administrator in carrying out the re- shall not bear the official mark and shall not (C) extend to any food recipe, financial sponsibilities under this Act, including man- be shipped in interstate commerce. data, pricing data, personnel data, or sales dated inspections under section 205. (3) CATEGORY 4 AND 5 FOOD ESTABLISH- data (other than shipment dates relating to (2) REQUIREMENTS.—The review shall— MENTS.—In the case of a product produced in sales); (A) include a determination of the effec- a category 4 or 5 food establishment the Ad- (D) limit the public disclosure of distribu- tiveness of the State program; and ministrator shall provide by regulation for tion records or other records related to food (B) identify any changes necessary to en- the voluntary use of the official mark estab- subject to a voluntary or mandatory recall sure enforcement of Federal requirements lished under paragraph (1), subject to— under section 403; or under this Act. (A) such minimum inspection frequencies (E) limit the authority of the Adminis- (f) NO FEDERAL PREEMPTION.—Nothing in as determined appropriate by the Adminis- trator to promulgate regulations to permit this Act shall be construed to preempt the trator; the sharing of data with other governmental enforcement of State food safety laws and (B) compliance with applicable perform- authorities. standards that are at least as stringent as ance standards and other provisions of the (j) BRIBERY OF OR GIFTS TO INSPECTOR OR those under this Act. food safety law; and OTHER OFFICERS AND ACCEPTANCE OF GIFTS.— (C) such other requirements the Adminis- Section 22 of the Federal Meat Inspection SEC. 208. IMPORTS. trator considers appropriate. Act (21 U.S.C. 622) shall apply under this Act. (a) IN GENERAL.—Not later than 2 years (g) IMPLEMENTATION.—Not later than 1 year SEC. 206. FOOD PRODUCTION FACILITIES. after the effective date of this Act, the Ad- after the effective date of this Act, the Ad- In carrying out the duties of the Adminis- ministrator shall establish a system under ministrator shall issue regulations to imple- trator and the purposes of this Act, the Ad- which a foreign government or foreign food ment subsections (b) through (e). ministrator shall have the authority, with establishment seeking to import food to the (h) MAINTENANCE AND INSPECTION OF respect to food production facilities, to— United States shall submit a request for cer- RECORDS.— (1) visit and inspect food production facili- tification to the Administrator. (1) IN GENERAL.— ties in the United States and in foreign coun- (b) CERTIFICATION STANDARD.—A foreign (A) RECORDS.—A food establishment shall— tries to investigate bioterrorism threats and government or foreign food establishment (i) maintain such records as the Adminis- for other critical food safety purposes; requesting a certification to import food to trator shall require by regulation, including (2) review food safety records as required the United States shall demonstrate, in a all records relating to the processing, dis- to be kept by the Administrator to carry out manner determined appropriate by the Ad- tributing, receipt, or importation of any traceback and for other critical food safety ministrator, that food produced under the food; and purposes; supervision of a foreign government or by (ii) permit the Administrator, in addition (3) set good practice standards to protect the foreign food establishment has met to any authority of the food safety agencies the public and animal health and promote standards for food safety, inspection, label- in effect on the day before the date of enact- food safety; ing, and consumer protection that are at ment of this Act, upon presentation of appro- (4) conduct monitoring and surveillance of least equivalent to standards applicable to priate credentials and at reasonable times animals, plants, products, or the environ- food produced in the United States. and in a reasonable manner, to have access ment, as appropriate; and (c) CERTIFICATION APPROVAL.—

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(1) REQUEST BY FOREIGN GOVERNMENT.— (b) CONTENTS OF PLAN.—The resource plan trator shall establish guidelines for a sam- Prior to granting the certification request of shall— pling system under which the Administrator a foreign government, the Administrator (1) describe quantitatively the personnel, shall take and analyze samples of food— shall review, audit, and certify the food safe- financial, and other resources required to (A) to assist the Administrator in carrying ty program of a requesting foreign govern- carry out the inspection of food establish- out this Act; and ment (including all statutes, regulations, ments under section 205 and other require- (B) to assess the nature, frequency of oc- and inspection authority) as at least equiva- ments of the national food safety program; currence, and quantities of contaminants in lent to the food safety program in the United (2) allocate inspection resources in a man- food. States, as demonstrated by the foreign gov- ner reflecting the distribution of risk and op- (2) REQUIREMENTS.—The sampling system ernment. portunities to reduce risk across the food described in paragraph (1) shall provide— (2) REQUEST BY FOREIGN FOOD ESTABLISH- supply to the extent feasible based on the (A) statistically valid monitoring, includ- MENT.—Prior to granting the certification best available information, and subject to ing market-based studies, on the nature, fre- request of a foreign food establishment, the section 205; and quency of occurrence, and quantities of con- Administrator shall certify, based on an on- (3) describe the personnel, facilities, equip- taminants in food available to consumers; site inspection, the food safety programs and ment, and other resources needed to carry and procedures of a requesting foreign firm as at out inspection and other oversight activities, (B) at the request of the Administrator, least equivalent to the food safety programs at a total resource level equal to at least 50 such other information, including analysis of and procedures of the United States. percent of the resources required to carry monitoring and verification samples, as the (d) LIMITATION.—A foreign government or out inspections in food establishments under Administrator determines may be useful in foreign firm approved by the Administrator section 205— assessing the occurrence of contaminants in to import food to the United States under (A) in foreign establishments; food. this section shall be certified to export only (B) at the point of importation; and (c) ASSESSMENT OF HEALTH HAZARDS.— the approved food products to the United (C) at the point of production on farms, (1) IN GENERAL.—Through the surveillance States for a period not to exceed 5 years. ranches, and feedlots. system referred to in subsection (a) and the (e) WITHDRAWAL OF CERTIFICATION.—The (c) GRANTS.—The resource plan shall in- sampling system described in subsection (b), Administrator may withdraw certification of clude recommendations for funding to pro- the Administrator shall— any food from a foreign government or for- vide grants to States and local governments (A) rank food categories based on the haz- eign firm— to carry out food safety activities in retail ard to human health presented by the food (1) if such food is linked to an outbreak of and food service facilities and the required category; human illness; inspections in food establishments. (B) identify appropriate industry and regu- (2) following an investigation by the Ad- (d) SUBMISSION OF PLAN.—The Adminis- latory approaches to minimize hazards in the ministrator that finds that the foreign gov- trator shall submit annually to the Com- food supply; and mittee on Appropriations of the Senate, the ernment programs and procedures or foreign (C) assess the public health environment Committee on Appropriations of the House food establishment is no longer equivalent to for emerging diseases, including zoonosis, for of Representatives, and other relevant com- the food safety programs and procedures in their risk of appearance in the United States mittees of Congress, the resource plan re- the United States; or food supply. quired under this section. (3) following a refusal to allow United (2) COMPONENTS OF ANALYSIS.—The analysis States officials to conduct such audits and SEC. 210. TRACEBACK. under subsection (b)(1) may include— (a) IN GENERAL.—The Administrator, in investigations as may be necessary to fulfill (A) a comparison of the safety of commer- order to protect the public health, shall es- the requirements under this section. cial processing with the health hazards asso- ENEWAL OF CERTIFICATION.—The Ad- tablish requirements for a national system (f) R ciated with food that is harvested for rec- ministrator shall audit foreign governments for tracing food and food producing animals reational or subsistence purposes and pre- and foreign food establishments at least from point of origin to retail sale, subject to pared noncommercially; every 5 years to ensure the continued com- subsection (b). (B) a comparison of the safety of food that pliance with the standards set forth in this (b) APPLICABILITY.—Traceability require- is domestically processed with the health section. ments shall— hazards associated with food that is proc- (g) REQUIRED ROUTINE INSPECTION.—The (1) be established in accordance with regu- Administrator shall routinely inspect food lations and guidelines issued by the Adminis- essed outside the United States; and food animals (via a physical examina- trator; and (C) a description of contamination origi- tion) before it enters the United States to (2) apply to food production facilities and nating from handling practices that occur ensure that it is— food establishments. prior to or after the sale of food to con- (1) safe; (c) RELATIONSHIP TO COUNTRY OF ORIGIN sumers; and (2) labeled as required for food produced in LABELING.—Nothing contained in this sec- (D) use of comparative risk assessments. the United States; and tion prevents or interferes with implementa- SEC. 302. PUBLIC EDUCATION AND ADVISORY (3) otherwise meets requirements under the tion of the country of origin labeling re- SYSTEM. food safety law. quirements of subtitle D of the Agricultural (a) PUBLIC EDUCATION.— (h) ENFORCEMENT.—The Administrator is Marketing Act of 1946 (7 U.S.C. 1638 et seq.). (1) IN GENERAL.—The Administrator, in co- authorized to— TITLE III—RESEARCH AND EDUCATION operation with private and public organiza- (1) deny importation of food from any for- SEC. 301. PUBLIC HEALTH ASSESSMENT SYSTEM. tions, including the cooperative extension eign government that does not permit (a) IN GENERAL.—The Administrator, act- services and building on the efforts of appro- United States officials to enter the foreign ing in coordination with the Director of the priate State and local entities, shall estab- country to conduct such audits and inspec- Centers for Disease Control and Prevention lish a national public education program on tions as may be necessary to fulfill the re- and with the Research Education and Eco- food safety. quirements under this section; nomics mission area of the Department of (2) REQUIREMENTS.—The program shall pro- (2) deny importation of food from any for- Agriculture, shall— vide— eign government or foreign firm that does (1) have access to the applicable data sys- (A) information to the public regarding not consent to an investigation by the Ad- tems of the Centers for Disease Control and Federal standards and best practices and ministration when food from that foreign Prevention and to the databases made avail- promotion of public awareness, under- country or foreign firm is linked to a food- able by a State; standing, and acceptance of those standards borne illness outbreak or is otherwise found (2) maintain an active surveillance system and practices; to be adulterated or mislabeled; and of food, food products, and epidemiological (B) information for health professionals— (3) promulgate rules and regulations to evidence submitted by States to the Centers (i) to improve diagnosis and treatment of carry out the purposes of this section, infor Disease Control and Prevention based on food-related illness; and cluding setting terms and conditions for the a representative proportion of the population (ii) to advise individuals at special risk for destruction of products that fail to meet the of the United States; food-related illnesses; and standards of this Act. (3) assess the frequency and sources of (C) such other information or advice to (i) DETENTION AND SEIZURE.—Any food im- human illness in the United States associ- consumers and other persons as the Adminis- ported for consumption in the United States ated with the consumption of food; trator determines will promote the purposes may be detained, seized, or condemned pur- (4) maintain a state-of-the-art DNA match- of this Act. suant to section 402. ing system and epidemiological system dedi- (b) HEALTH ADVISORIES.—The Adminis- SEC. 209. RESOURCE PLAN. cated to food-borne illness identification, trator, in consultation with other Federal (a) IN GENERAL.—The Administrator shall outbreaks, and containment; and departments and agencies as the Adminis- prepare and update annually a resource plan (5) have access to the surveillance data cre- trator determines necessary, shall work with describing the resources required, in the best ated via monitoring and statistical studies the States and other appropriate entities— professional judgment of the Administrator, conducted as part of its own inspection. (1) to develop and distribute regional and to develop and fully implement the national (b) PUBLIC HEALTH SAMPLING.— national advisories concerning food safety; food safety program established under this (1) IN GENERAL.—Not later than 1 year after (2) to develop standardized formats for Act. the effective date of this Act, the Adminis- written and broadcast advisories;

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(3) to incorporate State and local SEC. 402. FOOD DETENTION, SEIZURE, AND CON- (3) RELEASE OF FOOD.—If the Administrator advisories into the national public education DEMNATION. determines that, through reprocessing, re- program established under subsection (a); (a) ADMINISTRATIVE DETENTION OF FOOD.— labeling, or other action, a detained food can and (1) EXPANDED AUTHORITY.—The Adminis- be brought into compliance with this Act, (4) to present prompt, specific information trator shall have authority under section 304 the food may be released following a deter- regarding foods found to pose a threat to the of the Federal Food, Drug, and Cosmetic Act mination by the Administrator that the republic health. (21 U.S.C. 334) to administratively detain and labeling or other action as specified by the SEC. 303. RESEARCH. seize any food that the Administrator has Administrator has been performed. (a) IN GENERAL.—The Administrator shall reason to believe is unsafe, is adulterated or (d) TEMPORARY HOLDS AT PORTS OF conduct research to carry out this Act, in- misbranded, or otherwise fails to meet the ENTRY.— cluding studies to— requirements of the food safety law. (1) IN GENERAL.—If an officer or qualified (1) improve sanitation and food safety (2) DETENTION AUTHORITY.—If, during an in- employee of the Administration has reason practices in the processing of food; spection conducted in accordance with sec- to believe that a food is unsafe, is adulter- (2) develop improved techniques to monitor tion 205 or 208, an officer, employee, or agent ated or misbranded, or otherwise fails to and inspect food; of the Administration making the inspection meet the requirements of this Act, and the (3) develop efficient, rapid, and sensitive has reason to believe that a domestic food, officer or qualified employee is unable to in- methods to detect contaminants in food; imported food, or food offered for import is spect, examine, or investigate the food when (4) determine the sources of contamination unsafe, is adulterated or misbranded, or oth- the food is offered for import at a port of of contaminated food; erwise fails to meet the requirements of this entry into the United States, the officer or (5) develop food consumption data; Act, the officer or employee may order the qualified employee shall request the Sec- (6) identify ways that animal production food detained. retary of Homeland Security to hold the food techniques could improve the safety of the (3) PERIOD OF DETENTION.— at the port of entry for a reasonable period food supply; (A) IN GENERAL.—A food may be detained of time, not to exceed 24 hours, to enable the (7) draw upon research and educational for a reasonable period, not to exceed 20 Administrator to inspect or investigate the programs that exist at the State and local days, unless a longer period, not to exceed 30 food as appropriate. level; days, is necessary for the Administrator to (2) REMOVAL TO SECURE FACILITY.—The Ad- (8) utilize the DNA matching system and institute a seizure action. ministrator shall work in coordination with other processes to identify and control (B) PERISHABLE FOOD.—The Administrator the Secretary of Homeland Security to re- pathogens; shall provide by regulation for procedures to move a food held in accordance with para- (9) address common and emerging zoonotic institute a seizure action on an expedited graph (1) to a secure facility as appropriate. diseases; basis with respect to perishable food. (3) PROHIBITION ON TRANSFER.—During the (10) develop methods to reduce or destroy (4) SECURITY OF DETAINED FOOD.— period in which the food is held, the food harmful pathogens before, during, and after (A) IN GENERAL.—A detention order— shall not be transferred by any person from processing; (i) may require that the food be labeled or the port of entry into the United States, or (11) analyze the incidence of antibiotic marked as detained; and from the secure facility to which the food resistence as it pertains to the food supply (ii) shall require that the food be removed has been removed. and develop new methods to reduce the to a secure facility, if appropriate. (4) DELIVERY IN ACCORDANCE WITH A BOND.— transfer of antibiotic resistance to humans; (B) FOOD SUBJECT TO AN ORDER.—A food The delivery of the food in accordance with and subject to a detention order shall not be the execution of a bond while the food is held (12) conduct other research that supports transferred by any person from the place at is not authorized. the purposes of this Act. which the food is removed, until released by (5) PROHIBITION ON REEXPORT.—A food (b) CONTRACT AUTHORITY.—The Adminis- trator may enter into contracts and agree- the Administrator or until the expiration of found unfit for human or animal consump- ments with any State, university, Federal the detention period applicable under the tion shall be prohibited from reexport with- Government agency, or person to carry out order, whichever occurs first. out further processing to remove the con- this section. (C) DELIVERY OF FOOD.—This subsection tamination and reinspection by the Adminis- does not authorize the delivery of a food in tration. TITLE IV—ENFORCEMENT accordance with execution of a bond while SEC. 403. NOTIFICATION AND RECALL. SEC. 401. PROHIBITED ACTS. the article is subject to the order. It is prohibited— (a) NOTICE TO ADMINISTRATOR OF VIOLA- (b) APPEAL OF DETENTION ORDER.— (1) to manufacture, introduce, deliver for TION.— (1) IN GENERAL.—A person who would be en- introduction, or receive into interstate com- (1) IN GENERAL.—A person that has reason titled to be a claimant for a food subject to merce any food that is adulterated, mis- to believe that any food introduced into or in a detention order if the food were seized branded, or otherwise unsafe; interstate commerce, or held for sale (wheth- under section 304 of the Federal Food, Drug, (2) to adulterate or misbrand any food in er or not the first sale) after shipment in and Cosmetic Act (21 U.S.C. 334), may appeal interstate commerce; interstate commerce, may be in violation of the order to the Administrator. (3) for a food establishment or foreign food the food safety law shall immediately notify (2) ACTION BY THE ADMINISTRATOR.—Not establishment to fail to register under sec- the Administrator of the identity and loca- later than 5 days after an appeal is filed tion 202, or to operate without a valid reg- tion of the food. istration; under paragraph (1), the Administrator, after (2) MANNER OF NOTIFICATION.—Notification (4) to refuse to permit access to a food es- providing an opportunity for an informal under paragraph (1) shall be made in such tablishment for the inspection and copying hearing, shall confirm, modify, or terminate manner and by such means as the Adminis- of a record as required under section 205(h); the order involved. trator may require by regulation. (5) to fail to establish or maintain any (3) FINAL AGENCY ACTION.—Confirmation, (b) RECALL AND CONSUMER NOTIFICATION.— record or to make any report as required modification, or termination by the Admin- (1) VOLUNTARY ACTIONS.—If the Adminis- under section 205(h); istrator under paragraph (2) shall be consid- trator determines that food is in violation of (6) to refuse to permit entry to or inspec- ered a final agency action for purposes of the food safety law when introduced into or tion of a food establishment as required section 702 of title 5, United States Code. while in interstate commerce or while held under section 205; (4) TERMINATION.—The order shall be con- for sale (whether or not the first sale) after (7) to fail to provide to the Administrator sidered to be terminated if, after 5 days, the shipment in interstate commerce and that the results of a testing or sampling of a food, Administrator has failed— there is a reasonable probability that the equipment, or material in contact with con- (A) to provide an opportunity for an infor- food, if consumed, would present a threat to taminated food under section 205(i); mal hearing; or public health, as determined by the Adminis- (8) to fail to comply with a provision, regu- (B) to confirm, modify, or terminate the trator, the Administrator shall give the ap- lation, or order of the Administrator under order. propriate persons (including the manufactur- section 202, 203, 204, or 208; (5) EFFECT OF INSTITUTING COURT ACTION.— ers, importers, distributors, or retailers of (9) to slaughter an animal that is capable If the Administrator initiates an action the food) an opportunity to— for use in whole or in part as human food at under section 302 of the Federal Food, Drug, (A) cease distribution of the food; a food establishment processing any such and Cosmetic Act (21 U.S.C. 332) or section (B) notify all persons— food for commerce, except in compliance 304(a) of that Act (21 U.S.C. 334(a)), the proc- (i) processing, distributing, or otherwise with the food safety law; ess for the appeal of the detention order handling the food to immediately cease such (10) to transfer food in violation of an ad- shall terminate. activities with respect to the food; or ministrative detention order under section (c) CONDEMNATION OF FOOD.— (ii) to which the food has been distributed, 402 or to remove or alter a required mark or (1) IN GENERAL.—After confirming a deten- transported, or sold, to immediately cease label identifying the food as detained; tion order, the Administrator may order the distribution of the food; (11) to fail to comply with a recall or other food condemned. (C) recall the food; order under section 403; or (2) DESTRUCTION OF FOOD.—Any food con- (D) in conjunction with the Administrator, (12) to otherwise violate the food safety demned shall be destroyed under the super- provide notice of the finding of the Adminis- law. vision of the Administrator. trator—

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(ii) copies of all documents relating to the by the Administrator to be appropriate in (2) VACATION OF ORDERS.—If, after pro- person from whom that person purchased or the circumstances. viding an opportunity for an informal hear- received the food; and (2) MANDATORY ACTIONS.—If a person re- ing under subsection (c), the Administrator (iii) copies of all documents pertaining to ferred to in paragraph (1) refuses to or does determines that adequate grounds do not the delivery of the food to that person; or not adequately carry out the actions de- exist to continue the actions required by the (B) if that person establishes a guaranty scribed in that paragraph within the time pe- order, the Administrator shall vacate the signed by, and containing the name and ad- riod and in the manner prescribed by the Ad- order. dress of, the person from whom that person ministrator, the Administrator shall— (e) REMEDIES NOT EXCLUSIVE.—The rem- received in good faith the food, stating that (A) have authority to control and possess edies provided in this section shall be in ad- the food is not adulterated or misbranded the food, including ordering the shipment of dition to, and not exclusive of, other rem- within the meaning of this Act. the food from the food establishment to the edies that may be available. (c) JUDICIAL REVIEW.— Administrator— SEC. 404. INJUNCTION PROCEEDINGS. (1) IN GENERAL.—An order assessing a civil (i) at the expense of the food establish- (a) JURISDICTION.—The district courts of penalty under subsection (a) shall be a final ment; or the United States, and the United States order unless the person— (ii) in an emergency (as determined by the courts of the territories and possessions of (A) not later than 30 days after the effec- Administrator), at the expense of the Admin- the United States, shall have jurisdiction, tive date of the order, files a petition for ju- istration; and for cause shown, to restrain a violation of dicial review of the order in the United (B) by order, require, as the Administrator section 202, 203, 204, 207, or 401 (or a regula- States court of appeals for the circuit in determines to be necessary, the person to tion promulgated under that section). which that person resides or has its principal immediately— (b) TRIAL.—In a case in which violation of (i) cease distribution of the food; and place of business or the United States Court an injunction or restraining order issued of Appeals for the District of Columbia; and (ii) notify all persons— under this section also constitutes a viola- (I) processing, distributing, or otherwise (B) simultaneously serves a copy of the pe- tion of the food safety law, trial shall be by handling the food to immediately cease such tition by certified mail to the Adminis- the court or, upon demand of the accused, by activities with respect to the food; or trator. a jury. (II) if the food has been distributed, trans- (2) FILING OF RECORD.—Not later than 45 ported, or sold, to immediately cease dis- SEC. 405. CIVIL AND CRIMINAL PENALTIES. days after the service of a copy of the peti- tribution of the food. (a) CIVIL SANCTIONS.— tion under paragraph (1)(B), the Adminis- (3) NOTIFICATION TO CONSUMERS BY ADMINIS- (1) CIVIL PENALTY.— trator shall file in the court a certified copy TRATOR.—The Administrator shall, as the (A) IN GENERAL.—Any person that commits of the administrative record upon which the Administrator determines to be necessary, an act that violates the food safety law (in- order was issued. provide notice of the finding of the Adminis- cluding a regulation promulgated or order (3) STANDARD OF REVIEW.—The findings of trator under paragraph (1)— issued under a Federal food safety law) may the Administrator relating to the order shall (A) to consumers to whom the food was, or be assessed a civil penalty by the Adminis- be set aside only if found to be unsupported may have been, distributed; and trator of not more than $10,000 for each such by substantial evidence on the record as a (B) to State and local public health offi- act. whole. cials. (B) SEPARATE OFFENSE.—Each act de- (d) COLLECTION ACTIONS FOR FAILURE TO (4) NONDISTRIBUTION BY NOTIFIED PER- scribed in subparagraph (A) and each day PAY.— SONS.—A person that processes, distributes, during which that act continues shall be con- (1) IN GENERAL.—If any person fails to pay or otherwise handles the food, or to which sidered a separate offense. a civil penalty assessed under subsection (a) the food has been distributed, transported, or (2) OTHER REQUIREMENTS.— after the order assessing the penalty has be- sold, and that is notified under paragraph (A) WRITTEN ORDER.—The civil penalty de- come a final order, or after the court of ap- (1)(B) or (2)(B) shall immediately cease dis- scribed in paragraph (1) shall be assessed by peals described in subsection (b) has entered tribution of the food. the Administrator by a written order, which final judgment in favor of the Administrator, (5) AVAILABILITY OF RECORDS TO ADMINIS- shall specify the amount of the penalty and the Administrator shall refer the matter to TRATOR.—Each person referred to in para- the basis for the penalty under subparagraph the Attorney General, who shall institute in graph (1) that processed, distributed, or oth- (B) considered by the Administrator. a United States district court of competent erwise handled food shall make available to (B) AMOUNT OF PENALTY.—Subject to para- jurisdiction a civil action to recover the the Administrator information necessary to graph (1)(A), the amount of the civil penalty amount assessed. carry out this subsection, as determined by shall be determined by the Administrator, (2) LIMITATION ON REVIEW.—In a civil action the Administrator, regarding— after considering— under paragraph (1), the validity and appro- (A) persons that processed, distributed, or (i) the gravity of the violation; priateness of the order of the Administrator otherwise handled the food; and (ii) the degree of culpability of the person; assessing the civil penalty shall not be sub- (B) persons to which the food has been (iii) the size and type of the business of the ject to judicial review. person; and transported, sold, distributed, or otherwise (e) PENALTIES PAID INTO ACCOUNT.—The (iv) any history of prior offenses by the handled. Administrator— person under the food safety law. (c) INFORMAL HEARINGS ON ORDERS.— (1) shall deposit penalties collected under (C) REVIEW OF ORDER.—The order may be (1) IN GENERAL.—The Administrator shall this section in an account in the Treasury; reviewed only in accordance with subsection provide any person subject to an order under and (c). subsection (b) with an opportunity for an in- (2) may use the funds in the account, with- (b) CRIMINAL SANCTIONS.— formal hearing, to be held as soon as prac- out further appropriation or fiscal year limi- (1) IN GENERAL.—Except as provided in ticable but not later than 2 business days tation— paragraphs (2) and (3), a person that know- after the issuance of the order. (A) to carry out enforcement activities ingly produces or introduces into commerce (2) SCOPE OF THE HEARING.—In a hearing under food safety law; or food that is unsafe or otherwise adulterated under paragraph (1), the Administrator shall (B) to provide assistance to States to in- or misbranded shall be imprisoned for not consider the actions required by the order spect retail commercial food establishments more than 1 year or fined not more than and any reasons why the food that is the sub- or other food or firms under the jurisdiction $10,000, or both. ject of the order should not be recalled. of State food safety programs. (d) POST-HEARING RECALL ORDERS.— (2) SEVERE VIOLATIONS.—A person that (1) AMENDMENT OF ORDER.—If, after pro- commits a violation described in paragraph (f) DISCRETION OF THE ADMINISTRATOR TO viding an opportunity for an informal hear- (1) after a conviction of that person under PROSECUTE.—Nothing in this Act requires ing under subsection (c), the Administrator this section has become final, or commits the Administrator to report for prosecution, determines that there is a reasonable prob- such a violation with the intent to defraud or for the commencement of an action, the ability that the food that is the subject of an or mislead, shall be imprisoned for not more violation of the food safety law in a case in order under subsection (b), if consumed, than 3 years or fined not more than $100,000, which the Administrator finds that the pub- would present a threat to the public health, or both. lic interest will be adequately served by the the Administrator, as the Administrator de- (3) EXCEPTION.—No person shall be subject assessment of a civil penalty under this sec- termines to be necessary, may— to the penalties of this subsection— tion. (A) amend the order to require recall of the (A) for having received, proffered, or deliv- (g) REMEDIES NOT EXCLUSIVE.—The rem- food or other appropriate action; ered in interstate commerce any food, if the edies provided in this section may be in addi- (B) specify a timetable in which the recall receipt, proffer, or delivery was made in good tion to, and not exclusive of, other remedies shall occur; faith, unless that person refuses to furnish that may be available.

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SEC. 406. PRESUMPTION. (d) RIGHTS RETAINED BY THE COVERED INDI- the President shall transmit to the appro- In any action to enforce the requirements VIDUAL.—Nothing in this section shall be priate congressional committees a reorga- of the food safety law, the connection with construed to diminish the rights, privileges, nization plan regarding the following: interstate commerce required for jurisdic- or remedies of any covered individual under (1) The transfer of agencies, personnel, as- tion shall be presumed to exist. any Federal or State law, or under any col- sets, and obligations to the Administration SEC. 407. WHISTLEBLOWER PROTECTION. lective bargaining agreement. pursuant to this Act. (a) IN GENERAL.—No Federal employee, em- SEC. 408. ADMINISTRATION AND ENFORCEMENT. (2) Any consolidation, reorganization, or ployee of a Federal contractor or subcon- (a) IN GENERAL.—For the efficient adminis- streamlining of agencies transferred to the tractor, or any individual employed by a tration and enforcement of the food safety Administration pursuant to this Act. company (referred to in this section as a law, the provisions (including provisions re- (b) PLAN ELEMENTS.—The plan transmitted ‘‘covered individual’’), may be discharged, lating to penalties) of sections 6, 8, 9, and 10 under subsection (a) shall contain, con- demoted, suspended, threatened, harassed, or of the Federal Trade Commission Act (15 sistent with this Act, such elements as the in any other manner discriminated against, U.S.C. 46, 48, 49, and 50) (except subsections President determines appropriate, including because of any lawful act done by the cov- (c) through (h) of section 6 of that Act), re- the following: ered individual to— (1) Identification of any functions of agen- (1) provide information, cause information lating to the jurisdiction, powers, and duties of the Federal Trade Commission and the At- cies designated to be transferred to the Ad- to be provided, or otherwise assist in an in- ministration pursuant to this Act that will vestigation regarding any conduct that the torney General to administer and enforce that Act, and to the rights and duties of per- not be transferred to the Administration covered individual reasonably believes con- under the plan. stitutes a violation of any law, rule, or regu- sons with respect to whom the powers are exercised, shall apply to the jurisdiction, pow- (2) Specification of the steps to be taken by lation, or that the covered individual reason- the Administrator to organize the Adminis- ably believes constitutes a threat to the pub- ers, and duties of the Administrator and the Attorney General in administering and en- tration, including the delegation or assign- lic health, when the information or assist- ment of functions transferred to the Admin- ance is provided to, or the investigation is forcing the provisions of the food safety law istration among the officers of the Adminis- conducted by— and to the rights and duties of persons with tration in order to permit the Administra- (A) a Federal regulatory or law enforce- respect to whom the powers are exercised, tion to carry out the functions transferred ment agency; respectively. under the plan. (B) a Member or committee of Congress; or (b) INQUIRIES AND ACTIONS.— (3) Specification of the funds available to (C) a person with supervisory authority (1) IN GENERAL.—The Administrator, in each agency that will be transferred to the over the covered individual (or such other in- person or by such agents as the Adminis- Administration as a result of transfers under dividual who has the authority to inves- trator may designate, may prosecute any in- the plan. tigate, discover, or terminate misconduct); quiry necessary to carry out the duties of (4) Specification of the proposed alloca- (2) file, cause to be filed, testify, partici- the Administrator under the food safety law tions within the Administration of unex- pate in, or otherwise assist in a proceeding in any part of the United States. pended funds transferred in connection with or action filed or about to be filed relating to (2) POWERS.—The powers conferred by sec- transfers under the plan. a violation of any law, rule, or regulation; or tions 9 and 10 of the Federal Trade Commis- (5) Specification of any proposed disposi- (3) refused to violate or assist in the viola- sion Act (15 U.S.C. 49 and 50) on the United tion of property, facilities, contracts, tion of any law, rule, or regulation. States district courts may be exercised for (b) ENFORCEMENT ACTION.— the purposes of this chapter by any United records, and other assets and obligations of (1) IN GENERAL.—A covered individual who States district court of competent jurisdic- agencies transferred under the plan. alleges discharge or other discrimination by tion. (6) Specification of the proposed alloca- any person in violation of subsection (a) may SEC. 409. CITIZEN CIVIL ACTIONS. tions within the Administration of the functions of the agencies and subdivisions that seek relief under subsection (c) by filing a (a) CIVIL ACTIONS.—A person may com- complaint with the Secretary of Labor. If mence a civil action against— are not related directly to ensuring the safe- the Secretary of Labor has not issued a final (1) a person that violates a regulation (in- ty of food. ODIFICATION OF PLAN.—The President decision within 180 days after the date on cluding a regulation establishing a perform- (c) M may, on the basis of consultations with the which the complaint is filed and there is no ance standard), order, or other action of the appropriate congressional committees, mod- showing that such delay is due to the bad Administrator to ensure the safety of food; ify, or revise any part of the plan until that faith of the claimant, the claimant may or part of the plan becomes effective in accord- bring an action at law or equity for de novo (2) the Administrator (in his or her capac- ance with subsection (d). review in the appropriate district court of ity as the Administrator), if the Adminis- (d) EFFECTIVE DATE.— the United States, which shall have jurisdic- trator fails to perform an act or duty to en- (1) IN GENERAL.—The reorganization plan tion over such an action without regard to sure the safety of food that is not discre- described in this section, including any the amount in controversy. tionary under the food safety law. modifications or revisions of the plan under (2) PROCEDURE.— (b) COURT.— subsection (c), shall become effective for an (A) IN GENERAL.—An action under para- (1) IN GENERAL.—The action shall be com- graph (1) shall be governed under the rules menced in the United States district court agency on the earlier of— and procedures set forth in section 42121(b) of for the district in which the defendant re- (A) the date specified in the plan (or the title 49, United States Code. sides, is found, or has an agent. plan as modified pursuant to subsection (c)), except that such date may not be earlier (B) EXCEPTION.—Notification under section (2) JURISDICTION.—The court shall have ju- 42121(b)(1) of title 49, United States Code, risdiction, without regard to the amount in than 90 days after the date the President has shall be made to the person named in the controversy, or the citizenship of the parties, transmitted the reorganization plan to the complaint and to the person’s employer. to enforce a regulation (including a regula- appropriate congressional committees pursuant to subsection (a); or (C) BURDENS OF PROOF.—An action brought tion establishing a performance standard), under paragraph (1) shall be governed by the order, or other action of the Administrator, (B) the end of the transition period. legal burdens of proof set for in section or to order the Administrator to perform the (2) STATUTORY CONSTRUCTION.—Nothing in 42121(b) of title 49, United States Code. act or duty. this subsection may be construed to require the transfer of functions, personnel, records, (D) STATUTE OF LIMITATIONS.—An action (3) DAMAGES.—The court may— under paragraph (1) shall be commenced not (A) award damages, in the amount of dam- balances of appropriations, or other assets of later than 90 days after the date on which ages actually sustained; and an agency on a single date. the violation occurs. (B) if the court determines it to be in the (3) SUPERCEDES EXISTING LAW.—Paragraph (c) REMEDIES.— interest of justice, award the plaintiff the (1) shall apply notwithstanding section 905(b) (1) IN GENERAL.—A covered individual pre- costs of suit, including reasonable attorney’s of title 5, United States Code. vailing in any action under subsection (b)(1) fees, reasonable expert witness fees, and pen- SEC. 503. TRANSITIONAL AUTHORITIES. shall be entitled to all relief necessary to alties. (a) PROVISION OF ASSISTANCE BY OFFI- make the covered individual whole. (c) REMEDIES NOT EXCLUSIVE.—The rem- CIALS.—Until the transfer of an agency to (2) COMPENSATORY DAMAGES.—Relief for edies provided for in this section shall be in the Administration, any official having au- any action described in paragraph (1) shall addition to, and not exclusive of, other rem- thority over or function relating to the agen- include— edies that may be available. cy immediately before the effective date of (A) reinstatement with the same seniority this Act shall provide the Administrator TITLE V—IMPLEMENTATION status that the covered individual would such assistance, including the use of per- have had, but for the discrimination; SEC. 501. DEFINITION. sonnel and assets, as the Administrator may (B) the amount of any back pay, with in- For purposes of this title, the term ‘‘tran- request in preparing for the transfer and interest; and sition period’’ means the 12-month period be- tegration of the agency to the Administra- (C) compensation for any special damages ginning on the effective date of this Act. tion. sustained as a result of the discrimination, SEC. 502. REORGANIZATION PLAN. (b) SERVICES AND PERSONNEL.—During the including litigation costs, expert witness (a) SUBMISSION OF PLAN.—Not later than transition period, upon the request of the fees, and reasonable attorney’s fees. 180 days after the effective date of this Act, Administrator, the head of any executive

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00128 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2007 CONGRESSIONAL RECORD — SENATE S2111 agency may, on a reimbursable basis, provide Act, any civil action commenced with regard resolution; which was referred to the services or detail personnel to assist with to that agency pending before that agency Committee on the Judiciary. the transition. on the day before the transfer date with re- (c) ACTING OFFICIALS.— spect to the transferred functions shall con- S. RES. 82 (1) IN GENERAL.—During the transition pe- tinue notwithstanding the enactment of this Whereas the airborne forces of the Armed riod, pending the advice and consent of the Act or the transfer of an agency to the Ad- Forces have a long and honorable history as Senate to the appointment of an officer re- ministration. units of adventuresome, hardy, and fierce quired by this Act to be appointed by and (d) REFERENCES.— warriors who, for the national security of the with such advice and consent, the President (1) IN GENERAL.—After the transfer of func- United States and the defense of freedom and may designate any officer whose appoint- tions from a Federal agency under this Act, peace, project the effective ground combat ment was required to be made by and with any reference in any other Federal law, Ex- power of the United States by Air Force air such advice and consent and who was such an ecutive order, rule, regulation, directive, transport to the far reaches of the battle officer immediately before the effective date document, or other material to that Federal area and, indeed, to the far corners of the of this Act (and who continues to be in of- agency or the head of that agency in connec- world; fice) or immediately before such designation, tion with the administration or enforcement Whereas August 16, 2007 marks the anniver- to act in such office until the same is filled of the food safety laws shall be deemed to be as provided in this Act. a reference to the Administration or the Ad- sary of the first official Army parachute (2) COMPENSATION.—While acting pursuant ministrator, respectively. jump on August 16, 1940, an event that validated the innovative concept of inserting to paragraph (1), such officers shall receive (2) STATUTORY REPORTING REQUIREMENTS.— compensation at the higher of— Statutory reporting requirements that ap- United States ground combat forces behind (A) the rates provided by this Act for the plied in relation to such an agency imme- the battle line by means of a parachute; respective offices in which they act; or diately before the effective date of this Act Whereas the United States experiment of (B) the rates provided for the offices held shall continue to apply following such trans- airborne infantry attack began on June 25, at the time of designation. fer if they refer to the agency by name. 1940, when the Army Parachute Test Platoon (3) LIMITATION.—Nothing in this Act shall SEC. 505. CONFORMING AMENDMENTS. was first authorized by the Department of War, and was launched when 48 volunteers be construed to require the advice and con- (a) EXECUTIVE SCHEDULE.—Section 5313 of sent of the Senate to the appointment by the title 5, United States Code, is amended by in- began training in July 1940; President to a position in the Administra- serting at the end the following new item: Whereas the success of the Parachute Test tion of any officer whose agency is trans- Platoon in the days immediately preceding ‘‘Administrator of Food Safety.’’. ferred to the Administration pursuant to the entry of the United States into World (b) REPEAL OF CERTAIN PROVISIONS.—Sec- this Act and whose duties following such War II led to the formation of a formidable tion 18 of the Poultry Products Inspection transfer are germane to those performed be- force of airborne units that have served with Act (21 U.S.C. 467), section 401 of the Federal fore such transfer. Meat Inspection Act (21 U.S.C. 671), and sec- distinction and have had repeated success in (d) TRANSFER OF PERSONNEL, ASSETS, OBLI- armed hostilities; GATIONS, AND FUNCTION.— tion 18 of the Egg Products Inspection Act (21 U.S.C. 1047) are repealed. Whereas among those airborne units are (1) IN GENERAL.—Consistent with section the former 11th, 13th, and 17th Airborne Divi- SEC. 506. ADDITIONAL TECHNICAL AND CON- 1531 of title 31, United States Code, the per- sions, the venerable 82nd Airborne Division, sonnel, assets, liabilities, contracts, prop- FORMING AMENDMENTS. Not later than 60 days after the submission the versatile 101st Airborne Division (Air As- erty, records, and unexpended balances of ap- sault), and the airborne regiments and bat- propriations, authorizations, allocations, of the reorganization plan under section 502, the President shall prepare and submit pro- talions (some as components of those divi- and other funds that relate to the functions sions, some as separate units) that achieved transferred under subsection (a) from a Fed- posed legislation to Congress containing nec- distinction as the elite 75th Ranger Regi- eral agency shall be transferred to the Ad- essary and appropriate technical and con- ment, the 173rd Airborne Brigade, the 187th ministration. forming amendments to the Acts listed in Infantry (Airborne) Regiment, the 503rd, (2) UNEXPENDED FUNDS.—Unexpended funds section 3(15) of this Act to reflect the 507th, 508th, 517th, 541st, and 542nd Parachute transferred under this subsection shall be changes made by this Act. Infantry Regiments, the 88th Glider Infantry used by the Administration only for the pur- SEC. 507. REGULATIONS. poses for which the funds were originally au- The Administrator may promulgate such Regiment, the 509th, 551st, and 555th Para- thorized and appropriated. regulations as the Administrator determines chute Infantry Battalions, and the 550th Air- borne Infantry Battalion; SEC. 504. SAVINGS PROVISIONS. are necessary or appropriate to perform the Whereas the achievements of the airborne (a) COMPLETED ADMINISTRATIVE ACTIONS.— duties of the Administrator. forces during World War II prompted the evo- The enactment of this Act or the transfer of SEC. 508. AUTHORIZATION OF APPROPRIATIONS. lution of those forces into a diversified force functions under this Act shall not affect any There are authorized to be appropriated order, determination, rule, regulation, per- such sums as are necessary to carry out this of parachute and air assault units that, over mit, personnel action, agreement, grant, Act. the years, have fought in Korea, Vietnam, Grenada, Panama, the Persian Gulf region, contract, certificate, license, registration, SEC. 509. LIMITATION ON AUTHORIZATION OF AP- privilege, or other administrative action PROPRIATIONS. and Somalia, and have engaged in peace- issued, made, granted, or otherwise in effect For the fiscal year that includes the effec- keeping operations in Lebanon, the Sinai Pe- or final with respect to that agency on the tive date of this Act, the amount authorized ninsula, the Dominican Republic, Haiti, Bos- day before the transfer date with respect to to be appropriated to carry out this Act shall nia, and Kosovo; the transferred functions. not exceed— Whereas the modern-day airborne force (b) PENDING PROCEEDINGS.—Subject to the that has evolved from those World War II be- authority of the Administrator under this (1) the amount appropriated for that fiscal year for the Federal agencies identified in ginnings is an agile, powerful force that, in Act— large part, is composed of the 82nd Airborne (1) pending proceedings in an agency, in- section 102(b) for the purpose of administering or enforcing the food safety law; or Division, the 101st Airborne Division (Air As- cluding notices of proposed rulemaking, and sault), and the 75th Ranger Regiment; applications for licenses, permits, certifi- (2) the amount appropriated for those agencies for that purpose for the preceding Whereas those units, together with addi- cates, grants, and financial assistance, shall tional units, comprise the quick reaction continue notwithstanding the enactment of fiscal year, if, as of the effective date of this force of the Army’s XVIII Airborne Corps this Act or the transfer of the agency to the Act, appropriations for those agencies for when not operating separately under a re- Administration, unless discontinued or the fiscal year that includes the effective gional combatant commander; modified under the same terms and condi- date have not yet been made. Whereas that modern-day airborne force tions and to the same extent that such dis- SEC. 510. EFFECTIVE DATE. also includes other elite forces composed en- continuance could have occurred if such en- This Act takes effect on the date of enact- actment or transfer had not occurred; and ment of this Act. tirely of airborne trained and qualified special operations warriors, including Army (2) orders issued in such proceedings, and f appeals therefrom, and payments made pur- Special Forces, Marine Corps Reconnais- suant to such orders, shall issue in the same SUBMITTED RESOLUTIONS sance units, Navy SEALs, and Air Force manner on the same terms as if this Act had combat control teams, all or most of which not been enacted or the agency had not been comprise the forces of the United States Spe- transferred, and any such order shall con- SENATE RESOLUTION 82—DESIG- cial Operations Command; tinue in effect until amended, modified, NATING AUGUST 16, 2007 AS ‘‘NA- Whereas in the aftermath of the terrorist superceded, terminated, set aside, or revoked TIONAL AIRBORNE DAY’’ attacks on the United States on September by an officer of the United States or a court 11, 2001, the 75th Ranger Regiment, special Mr. HAGEL (for himself, Mr. REED, of competent jurisdiction, or by operation of forces units, and units of the 82nd Airborne law. Mrs. CLINTON, Mr. BURR, Mr. REID, Ms. Division and the 101st Airborne Division (Air (c) PENDING CIVIL ACTIONS.—Subject to the SNOWE, Mr. KERRY, Mr. GREGG, and Assault), together with other units of the authority of the Administrator under this Mrs. BOXER) submitted the following Armed Forces, have been prosecuting the

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00129 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2112 CONGRESSIONAL RECORD — SENATE February 15, 2007 war against terrorism by carrying out com- SENATE RESOLUTION 84—OBSERV- 12,000,000 people in forced labor, bonded bat operations in Afghanistan, training oper- ING FEBRUARY 23, 2007, AS THE labor, forced child labor, and sexual ser- ations in the Philippines, and other oper- 200TH ANNIVERSARY OF THE vitude around the world, a number that is ations elsewhere; ABOLITION OF THE SLAVE greater than the number of slaves that ex- Whereas in the aftermath of the Presi- isted at the time of Mr. Wilberforce’s death; TRADE IN THE BRITISH EMPIRE, Whereas all people must continue to fight, dent’s announcement of Operation Iraqi HONORING THE DISTINGUISHED Freedom in March 2003, the 75th Ranger as Mr. Wilberforce fought, for the true aboli- LIFE AND LEGACY OF WILLIAM Regiment, special forces units, and units of tion of slavery and for respect for human the 82nd Airborne Division, the 101st Air- WILBERFORCE, AND ENCOUR- dignity in all aspects of modern culture; and borne Division (Air Assault), and the 173rd AGING THE PEOPLE OF THE Whereas the people of the United States Airborne Brigade, together with other units UNITED STATES TO FOLLOW THE should carry on the legacy of William Wil- of the Armed Forces, have been prosecuting EXAMPLE OF WILLIAM WILBER- berforce by working to end the modern slave trade, human trafficking, and the degrada- the war against terrorism, carrying out com- FORCE BY SELFLESSLY PUR- tion of human dignity: Now, therefore, be it bat operations, conducting civil affair mis- SUING RESPECT FOR HUMAN Resolved, That the Senate— sions, and assisting in establishing democ- RIGHTS AROUND THE WORLD (1) observes February 23, 2007, as the 200th racy in Iraq; Mr. BROWNBACK (for himself and anniversary of the ban of the slave trade in Whereas the airborne forces are and will Mr. PRYOR) submitted the following the British Empire; continue to be at the ready and the forefront resolution; which was referred to the (2) recognizes the positive impact William until the Global War on Terrorism is con- Committee on the Judiciary. Wilberforce had on renewing the culture of cluded; his day and ending the inhumane practice of S. RES. 84 Whereas of the members and former mem- human slavery; bers of the United States combat airborne Whereas, at the age of 21, William Wilber- (3) commends to the people of the United forces, all have achieved distinction by earn- force was elected to the House of Commons States the example of William Wilberforce ing the right to wear the airborne’s ‘‘Silver of Great Britain; and his commitment to the values of inher- Wings of Courage’’, thousands have achieved Whereas Mr. Wilberforce and his colleagues ent human dignity and freedom, which reside the distinction of making combat jumps, 69 actively engaged in many initiatives with in each and every human being; have earned the Medal of Honor, and hun- the sole purpose of renewing British culture (4) encourages the people of the United dreds have earned the Distinguished-Service at the turn of the 19th century in order to States to— bring about positive social change; Cross, Silver Star, or other decorations and (A) observe the 200th anniversary of the Whereas Mr. Wilberforce advocated prison awards for displays of such traits as heroism, ban of the slave trade in the British Empire; reform that equally respected justice and (B) reflect on William Wilberforce’s selfless gallantry, intrepidity, and valor; human dignity, and encouraged reconcili- dedication to the fight against slavery and Whereas the members and former members ation; his commitment to the neediest in society; of the United States combat airborne forces Whereas Mr. Wilberforce sought to im- and are members of a proud and honorable frater- prove the conditions for, and minimize the (C) commit themselves to recognize the nity of the profession of arms that is made use of, child laborers; value of human life and human dignity; and exclusive by those distinctions which, to- Whereas Mr. Wilberforce dedicated his life (5) unequivocally condemns all forms of gether with their special skills and achieve- to ending the British slave trade and the human trafficking and slavery, which are an ments, distinguish them as intrepid combat abolition of slavery despite forceful opposi- assault on human dignity that William Wil- parachutists, special operation forces, and tion; berforce would steadfastly resist. (in former days) glider troops; and Whereas Mr. Wilberforce was mentored by Whereas the history and achievements of former slave trader and author of the hymn f the members and former members of the air- ‘‘Amazing Grace,’’ John Newton, on the hor- borne forces of the United States Armed rors and inhumanity of the slave trade; SENATE CONCURRENT RESOLU- Forces warrant special expressions of the Whereas approximately 11,000,000 human TION 12—SUPPORTING THE gratitude of the American people as the air- beings were captured and taken from Africa GOALS AND IDEALS OF A NA- borne community celebrates August 16, 2007 to the Western Hemisphere to be sold as TIONAL MEDAL OF HONOR AND as the 67th anniversary of the first official commodities and forced into slavery and TO CELEBRATE AND HONOR THE jump by the Army Parachute Test Platoon: bondage; Whereas Mr. Wilberforce fought for 20 RECIPIENTS OF THE MEDAL OF Now, therefore, be it years in the House of Commons to pass legis- HONOR ON THE ANNIVERSARY Resolved, That the Senate— lation banning the slave trade; OF THE FIRST AWARD OF THAT (1) designates August 16, 2007 as ‘‘National Whereas, on February 23, 1807, Parliament MEDAL IN 1863 Airborne Day’’; and passed a bill banning the slave trade in the (2) calls on the people of the United States British Empire as a direct result of the ef- Mr. AKAKA (for himself, Mr. CRAIG, to observe ‘‘National Airborne Day’’ with ap- forts of Mr. Wilberforce; Mr. LEVIN, Mr. STEVENS, Mr. KERRY, propriate programs, ceremonies, and activi- Whereas Mr. Wilberforce inspired and en- Mr. DORGAN, Mr. WEBB, Mr. BROWN, Mr. ties. couraged those who opposed slavery in the BINGAMAN, Mr. CRAPO, Mr. WARNER, United States, including political leaders Mr. ENSIGN, Mr. MCCAIN, Mr. SALAZAR, like John Quincy Adams, and spread a mes- f and Ms. SNOWE) submitted the fol- sage of hope and freedom throughout the lowing concurrent resolution; which United States; was considered and agreed to: SENATE RESOLUTION 83—TO Whereas Mr. Wilberforce labored for 46 AMEND THE STANDING RULES years to abolish the institution of slavery in S. CON. RES. 12 OF THE SENATE TO PROHIBIT the British Empire, ceaselessly defending Whereas the Medal of Honor, the highest FILLING THE TREE those without a voice in society; award for valor in action against an enemy Whereas, in 1833, Mr. Wilberforce was in- force that can be bestowed to a member of Mr. SPECTER (for himself and Mr. formed on his death bed that the House of the Armed Forces, is awarded by the Presi- Commons had voted to abolish slavery alto- dent, in the name of Congress, to individuals COBURN) submitted the following reso- gether; who have distinguished themselves conspicu- lution; which was referred to the Com- Whereas section 102(a) of the Victims of ously by gallantry and intrepidity at the mittee on Rules and Administration: Trafficking and Violence Protection Act of risk of their lives above and beyond the call 2000 (22 U.S.C. 7101(a)) states that human of duty; S. RES. 83 trafficking is ‘‘a contemporary manifesta- Whereas the United States will forever be Resolved, That (a) rule XV of the Standing tion of slavery whose victims are predomi- in debt to the recipients of the Medal of nantly women and children’’; Honor for their bravery and sacrifice in Rules of the Senate is amended by adding at Whereas the scourge of human slavery con- times of war or armed conflict; the end the following: tinues to pollute our world and assault Whereas the first Medal of Honor awards ‘‘6. Notwithstanding action on a first de- human dignity and freedom; were presented to 6 men on March 25, 1863, by gree amendment, it shall not be in order for Whereas, in 2006, the United States Depart- the Secretary of War; a Senator to offer a second degree amendment of State estimated that between 600,000 Whereas only 3,443 individuals out of the ment to his or her own first degree amend- and 800,000 men, women, and children were millions of men and women who have served ment.’’. trafficked across international borders for the United States in war, military oper- use as bonded laborers or sex slaves, or for ations, or other armed conflicts have been (b) The amendment made by subsection (a) other nefarious purposes; awarded the Medal of Honor; shall take effect at the beginning of the Whereas the International Labour Organi- Whereas there are 111 living recipients of 111th Congress. zation estimates that there are more than the Medal of Honor, as of January 1, 2007;

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00130 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2007 CONGRESSIONAL RECORD — SENATE S2113 Whereas it is appropriate to commemorate that the authors of the provision intended it against Iran, including over its nuclear pro- and honor the recipients of the Medal of to grant the executive branch the authority gram; and Honor and what they represent; to engage United States forces in military (4) strongly and unequivocally affirms that Whereas the people of the United States action without any prior authorization from seeking congressional authority prior to tak- should always be aware of the significance Congress, except to allow the President to ing military action against Iran is not dis- and meaning of the Medal of Honor; repel sudden attacks and immediate threats; cretionary, but is a legal and constitutional Whereas the designation of a National Whereas in the Federalist Paper Number requirement. Medal of Honor Day would focus the efforts 69, while comparing the lesser war-making Mr. SANDERS. Mr. President, the of national, State, and local organizations power of the President of the United States issue of American presence in the Mid- striving to foster public appreciation and with the war-making power of the King of dle East is of great importance. We are recognition of Medal of Honor recipients; and Great Britain, Alexander Hamilton wrote, Whereas March 25, 2007, would be an appro- ‘‘The President is to be commander in chief currently engaged in a war in Iraq from priate date to observe National Medal of of the army and navy of the United States. which, according to poll after poll, a Honor Day: Now, therefore, be it In this respect his authority would be nomi- majority of the American people be- Resolved by the Senate (the House of Rep- nally the same with that of the king of Great lieve we should withdraw. resentatives concurring), That Congress— Britain, but in substance much inferior to it. In the face of the momentous elec- (1) recognizes the heroism and sacrifice of It would amount to nothing more than the tions of this past November, in which Medal of Honor recipients; supreme command and direction of the mili- the American electorate indicated (2) recognizes the educational opportunity tary and naval forces, as first general and their dissatisfaction with the Presi- that a National Medal of Honor Day would admiral of the confederacy; while that of the dent’s policies in Iraq, President Bush present to the people of the United States; British king extends to the declaring of war, has responded with a call for more and and to the raising and regulating of fleets and (3) supports the goals and ideals of a Na- armies; all which, by the constitution under troops, not less. At this moment, he is tional Medal of Honor Day to celebrate and consideration, would appertain to the legis- escalating the war, not redeploying our honor the contributions of Medal of Honor lature.’’; brave men and women out of harm’s recipients. Whereas James Madison declared that it is way. He is sending these troops into f necessary to adhere to the ‘‘fundamental the middle of a civil war. doctrine of the Constitution that the power Now there are reports that the Presi- SENATE CONCURRENT RESOLU- to declare war is fully and exclusively vested dent may be considering expanding this TION 13—EXPRESSING THE in the legislature’’; tragic war into Iran. The President has SENSE OF CONGRESS THAT THE Whereas, in 1793, President George Wash- no constitutional authority to make ington, when considering how to protect in- PRESIDENT SHOULD NOT INI- war on Iran, nor has he historical TIATE MILITARY ACTION habitants of the frontier of the United States, instructed his Administration that precedent. I offer today a resolution AGAINST IRAN WITHOUT FIRST ‘‘no offensive expedition of importance can ‘‘expressing the sense of Congress that OBTAINING AUTHORIZATION be undertaken until after [Congress] have de- the President should not initiate mili- FROM CONGRESS liberated upon the subject, and authorized tary action against Iran without first Mr. SANDERS submitted the fol- such a measure’’; obtaining authorization from Con- lowing concurrent resolution; which Whereas, in 1801, when Thomas Jefferson gress.’’ It sets forth the constitutional sent a small squadron of frigates to the Med- was referred to the Committee on For- grant of authority to Congress for de- iterranean to protect against possible at- claring war and funding any war, which eign Relations: tacks by the Barbary powers, he told Con- cites Federalist paper number 69 on the S. CON. RES. 13 gress that he was ‘‘unauthorized by the Con- intention of the drafters of the Con- Whereas article I, section 8 of the United stitution, without the sanction of Congress, States Constitution grants Congress the to go beyond the line of defense’’, and fur- stitution, and which cites Presidents power to ‘‘declare war’’, to ‘‘lay and collect ther noted that it was up to Congress to au- Washington and Jefferson on the power taxes’’, to ‘‘provide for the common defence thorize ‘‘measures of offense also’’; reserved to Congress to authorize war. and general welfare of the United States’’, to Whereas, according to the most definitive The resolution strongly and un- ‘‘raise and support armies’’, to ‘‘provide and United States intelligence report, Iran is equivocally affirms that the President maintain a navy’’, to ‘‘make rules for the several years away from developing a nu- does not have the power to initiate government and regulation of the land and clear weapon, and even the most pessimistic military action against Iran without naval forces’’, to ‘‘provide for calling forth analysis by outside experts predicts that Iran is at least 3 years away from developing first obtaining authorization from Con- the militia to execute the laws of the Union, gress, that neither of the existing au- suppress insurrections and repel invasions’’, a nuclear weapon, assuming Iran suffers no to ‘‘provide for organizing, arming, and dis- setbacks during development, which would thorizations to use military force in ciplining, the militia’’, and to ‘‘make all be unprecedented; Iraq gives him such authority, and that laws which shall be necessary and proper for Whereas diplomatic efforts involving Iran, the President must seek congressional carrying into execution the foregoing pow- the United States, the European Union, Rus- authority prior to taking any military ers, and all other powers vested by this Con- sia, the People’s Republic of China, the action against Iran. International Atomic Energy Agency, and stitution in the Government of the United f States, or in any department or officer the United Nations Security Council con- thereof’’; tinue; and AMENDMENTS SUBMITTED AND Whereas the Constitution also grants Con- Whereas, despite these diplomatic efforts PROPOSED gress exclusive power over the purse, stating, and statements by President Bush and other SA 266. Mr. REID (for Mr. LEVIN (for him- ‘‘No money shall be drawn from the Treas- members of his Administration that diplo- self, Mr. BOND, Mr. DORGAN, Mr. GRAHAM, ury, but in consequence of appropriations macy is the preferred route, there are an in- Mr. DURBIN, Ms . MIKULSKI, Mr. CARDIN, Mr. made by law . . . .’’; creasing number of reports that preparations BROWN, Mr. PRYOR, Mr. ISAKSON, and Mr. Whereas the sole war power granted to the for war are underway: Now, therefore, be it KENNEDY)) proposed an amendment to the executive branch through the President can Resolved by the Senate (the House of Rep- bill S. 487, to amend the National Organ be found in article II, section 2, which states, resentatives concurring), That Congress— Transplant Act to clarify that kidney paired ‘‘The President shall be the Commander in (1) strongly affirms that initiating mili- donations shall not be considered to involve Chief of the Army and Navy of the United tary action against Iran without congres- the transfer of a human organ for valuable States, and of the Militia of the several sional approval does not fall within the consideration. States, when called into the actual Service President’s ‘‘Commander in Chief’’ powers SA 267. Mr. REID (for Mr. SALAZAR) proof the United States . . . .’’; under the Constitution; posed an amendment to the bill S. 188, to re- Whereas President George W. Bush and his (2) rejects any suggestion that the Author- vise the short title of the Fannie Lou Hamer, Administration have argued that this ‘‘Com- ization for Use of Military Force (Public Law Rosa Parks, and Coretta Scott King Voting mander in Chief’’ clause grants the President 107–40; 50 U.S.C. 1541 note), approved in re- Rights Act Reauthorization and Amend- wide latitude to engage United States mili- sponse to the terrorist attacks of September ments Act of 2006. tary forces abroad without prior authoriza- 11, 2001, explicitly or implicitly extends to tion from Congress; authorizing military action against Iran, in- f Whereas the President further argues that cluding over its nuclear program; TEXT OF AMENDMENTS previous unilateral actions by Presidents of (3) rejects any suggestion that the Author- both political parties add credence to this in- ization for Use of Military Force Against SA 266. Mr. REID (for Mr. LEVIN (for terpretation of the Constitution; Iraq Resolution of 2002 (Public Law 107–243; himself, Mr. BOND, Mr. DORGAN, Mr. Whereas, in reality, nothing in the history 50 U.S.C. 1541 note) explicitly or implicitly GRAHAM, Mr. DURBIN, Ms. MIKULSKI, of the ‘‘Commander in Chief’’ clause suggests extends to authorizing military action Mr. CARDIN, Mr. BROWN, Mr. PRYOR,

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00131 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2114 CONGRESSIONAL RECORD — SENATE February 15, 2007 Mr. ISAKSON, and Mr. KENNEDY)) pro- AUTHORITY FOR COMMITTEES TO Agenda posed an amendment to the bill S. 487, MEET Legislation to amend the National Organ Trans- COMMITTEE ON ARMED SERVICES plant Act to clarify that kidney paired 1. S. 4, Improving America’s Security donation shall not be considered to in- Mr. LEAHY. Mr. President, I ask by Implementing Unfinished Rec- volve the transfer of a human organ for unanimous consent that the Com- ommendations of the 9/11 Commission valuable consideration; as follows: mittee on Armed Services be author- Act of 2007; Strike all after the enacting clause and in- ized to meet during the session of the 2. S. 343, a bill to extend the District sert the following: Senate on Thursday, February 15, 2007, of Columbia College Access Act of 1999; SECTION 1. SHORT TITLE. at 9:30 a.m., in open and closed sessions 3. S. 457, a bill to extend the date on This Act may be cited as the ‘‘Living Kid- to receive testimony on the current which the National Security Personnel ney Organ Donation Clarification Act of and future readiness of the Army and System will first apply to certain de- 2007’’. Marine Corps. fense laboratories; SEC. 2. AMENDMENT TO THE NATIONAL ORGAN The PRESIDING OFFICER. Without 4. S. 550, a bill to preserve existing TRANSPLANT ACT. objection, it is so ordered. judgeships on the Superior Court of the Section 301(a) of the National Organ Trans- District of Columbia. plant Act (42 U.S.C. 274e(a)) is amended by COMMITTEE ON COMMERCE, SCIENCE, AND adding at the end the following: ‘‘For pur- TRANSPORTATION Post Office Naming Bills poses of this section, kidney paired donation Mr. LEAHY. Mr. President, I ask 1. S. 171, to designate the facility of shall not be considered to involve the trans- unanimous consent that the Com- the USPS located at 301 Commerce fer of a human organ for valuable consider- mittee on Commerce, Science, and ation.’’. Street in Commerce, Oklahoma, as the Transportation be authorized to hold a ‘‘Mickey Mantle Post Office Building;’’ SEC. 3. REPORT. hearing during the session of the Sen- 2. S. 194/H.R. 49, to designate the fa- Not later than 1 year after the date of en- ate on Thursday, February 15, 2007, at actment of this Act, and annually thereafter, cility of the USPS located at 1300 the Secretary of Health and Human Services 9:30 a.m., in room 253 of the Russell North Frontage Road West in Vail, Col- shall submit to the appropriate committees Senate Office Building. The purpose of orado, as the ‘‘Gerald R. Ford Jr. Post of Congress a report that details the progress the hearing is to evaluate the adminis- Office Building;’’ made towards understanding the long-term tration’s proposal to reauthorize the 3. S. 219/H.R. 335, to designate the fa- health effects of living organ donation. Federal Aviation Administration. cility of the USPS located at 152 North The PRESIDING OFFICER. Without 5th Street in Laramie, Wyoming, as Mr. REID (for Mr. SALAZAR) SA 267. objection, it is so ordered. the ‘‘Gale W. McGee Post Office;’’ proposed an amendment to the bill S. 4. S. 303, to designate the facility of 188, to revise the short title of the COMMITTEE ON ENERGY AND NATURAL RESOURCES the USPS located at 324 Main Street in Fannie Lou Hamer, Rosa Parks, and Grambling, Louisiana, as the ‘‘Coach Coretta Scott King Voting Rights Act Mr. LEAHY. Mr. President, I ask unanimous consent that the Com- Eddie Robinson Post Office Building;’’ Reauthorization and Amendments Act 5. S. 412/H.R. 521, to designate the fa- of 2006; as follows: mittee on Energy and Natural Re- sources be authorized to hold a hearing cility of the USPS located at 2633 11th On page 2, line 3, strike ‘‘and William C. Street in Rock Island, Illinois, as the ´ during the session of the Senate on Velasquez’’ and insert ‘‘William C. ‘‘Lane Evans Post Office Building;’’ Vela´ squez, and Dr. Hector P. Garcia.’’ Thursday, February 15, 2007, at 9:30 On page 2, line 10, strike ‘‘and William C. a.m. in room SD–366 of the Dirksen 6. H.R. 433, to designate the facility Vela´ squez’’ and insert ‘‘William C. Senate Office Building. The purpose of of the USPS located at 1700 Main Vela´ squez, and Dr. Hector P. Garcia.’’ the hearing is to consider the Presi- Street in Little Rock, Arkansas, as the On page 2, line 19, strike ‘‘and William C. dent’s proposed budget for FY 2008 for ‘‘Scipio A. Jones Post Office Building;’’ ´ Velasquez’’ and insert ‘‘William C. the Department of the Interior. 7. H.R. 514, to designate the facility Vela´ squez, and Dr. Hector P. Garcia.’’ of the USPS located at 16150 Aviation The PRESIDING OFFICER. Without Loop Drive in Brooksville, Florida, as f objection, it is so ordered. the ‘‘Sergeant Lea Robert Mills NOTICES OF HEARINGS/MEETINGS COMMITTEE ON FINANCE Brooksville Aviation Branch Post Of- SUBCOMMITTEE ON PUBLIC LANDS AND FORESTS Mr. LEAHY. Mr. President, I ask fice;’’ Mr. BINGAMAN. Mr. President, I unanimous consent that the Com- 8. H.R. 577, to designate the facility would like to announce for the infor- mittee on Finance be authorized to of the USPS located at 3903 South Con- mation of the Senate and the public meet during the session on Thursday, gress Avenue in Austin, Texas, as the that a legislative hearing has been February 15, 2007, at 10 a.m., in 215 ‘‘Sergeant Henry Ybarra III Post Office scheduled before the Subcommittee on Dirksen Senate Office Building, to hear Building.’’ Public Lands and Forests of the Com- testimony on ‘‘The Administration’s The PRESIDING OFFICER. Without mittee on Energy and Natural Re- 2007 Trade Agenda.’’ objection, it is so ordered. sources. The PRESIDING OFFICER. Without COMMITTEE ON INDIAN AFFAIRS The hearing will be held on Thurs- objection, it is so ordered. Mr. LEAHY. Mr. President, I ask day, March 1, 2007, at 2 p.m. in room COMMITTEE ON FOREIGN RELATIONS unanimous consent that the Com- SD–366 of the Dirksen Senate Office mittee on Indian Affairs be authorized Mr. LEAHY. Mr. President, I ask Building. to meet on Thursday, February 15, 2007, unanimous consent that the Com- The purpose of the hearing is to re- at 9:30 a.m. in room 485 of the Russell mittee on Foreign Relations be author- ceive testimony on S. 380, to reauthor- Senate Office Building to conduct a ized to meet during the session of the ize the Secure Rural Schools and Com- hearing on the President’s fiscal year Senate on Thursday, February 15, 2007, munity Self-Determination Act of 2000, 2008 budget request for tribal programs. at 9:15 a.m. to hold a nomination hear- and for other purposes. The PRESIDING OFFICER. Without ing. Because of the limited time available objection, it is so ordered. The PRESIDING OFFICER. Without for the hearing, witnesses may testify COMMITTEE ON THE JUDICIARY objection, it is so ordered. by invitation only. However, those Mr. LEAHY. Mr. President, I ask wishing to submit written testimony COMMITTEE ON HOMELAND SECURITY AND unanimous consent that the Com- for the hearing record should send two GOVERNMENTAL AFFAIRS mittee on the Judiciary be authorized copies of their testimony to the Com- Mr. LEAHY. Mr. President, I ask to meet to conduct a markup on Thurs- mittee on Energy and Natural Re- unanimous consent that the Com- day, February 15, 2007, at 10 a.m. in sources, United States Senate, Wash- mittee on Homeland Security and Gov- room S. 216 of the Capitol Building. ington, DC 20510–6150. ernmental Affairs be authorized to For further information, please con- meet on Thursday, February 15, 2007, at I. Nominations tact Scott Miller at 202–224–5488 or Ra- 9 a.m. for a business meeting to con- Beryl Howell, to be a Member of the chel Pasternack at 202–224–0883. sider pending committee business. United States Sentencing Commission.

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00132 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2007 CONGRESSIONAL RECORD — SENATE S2115 II. Bills motion to reconsider be laid on the SEC. 2. AMENDMENT TO THE NATIONAL ORGAN table; that any statements be printed TRANSPLANT ACT. S. 316, the Preserve Access to Afford- Section 301(a) of the National Organ Trans- able Generics Act, Kohl, Grassley, in the Record; that the President be plant Act (42 U.S.C. 274e(a)) is amended by Leahy, Schumer, Feingold. immediately notified of the Senate’s adding at the end the following: ‘‘For pur- S. 236, the Federal Agency Data Min- action; and the Senate return to legis- poses of this section, kidney paired donation ing Reporting Act of 2007, Feingold, lative session. shall not be considered to involve the trans- Sununu, Leahy, Akaka, Kennedy. Mr. MCCONNELL. Mr. President, refer of a human organ for valuable consideration.’’. S. 378, the Court Security Improve- serving the right to object, and I will not object, I want to take a moment to SEC. 3. REPORT. ment Act of 2007, Leahy, Specter, Dur- Not later than 1 year after the date of en- bin, Cornyn, Kennedy, Hatch. indicate my enthusiasm for the Presi- dent’s nomination of Leon Sequeira, a actment of this Act, and annually thereafter, S. 442, the John R. Justice Prosecu- the Secretary of Health and Human Services tors and Defenders Incentive Act of former member of my staff, to be an shall submit to the appropriate committees 2007, Durbin. Assistant Secretary of Labor, who is an of Congress a report that details the progress outstanding individual and who I know made towards understanding the long-term III. Resolutions will serve the administration and the health effects of living organ donation. S. Res. 41, honoring the life and rec- country well in this new capacity. The bill (S. 487) was ordered to be en- ognizing the accomplishments of Tom Mr. REID. Mr. President, this new grossed for a third reading, was read Mooney, president of the Ohio Federa- Assistant Secretary has a lot of good the third time, and passed. qualifications, but the most important tion of Teachers, Brown, Voinovich. f S. Res. 47, honoring the life and was his employment record with the REVISION TO THE SHORT TITLE achievements of George C. Springer, distinguished Republican leader. OF THE FANNIE LOU HAMER, Sr., the Northeast regional director The PRESIDING OFFICER. Without ROSA PARKS, AND CORETTA and a former vice president of the objection, it is so ordered. SCOTT KING VOTING RIGHTS American Federation of Teachers, The nominations considered and con- ACT REAUTHORIZATION AND Dodd. firmed are as follows: AMENDMENTS ACT OF 2006 S. Res. 49, recognizing and cele- ELECTION ASSISTANCE COMMISSION brating the 50th anniversary of the Rosemary Rodriquez and Caroline Mr. REID. Mr. President, I ask con- entry of Alaska into the Union as the Hunter. sent that the Senate proceed to Cal- 49th State, Stevens, Murkowski. DEPARTMENT OF LABOR endar No. 23, S. 188. The PRESIDING OFFICER. The S. Res. 53, congratulating Illinois Leon R. Sequeira, of Virginia, to be an As- State University as it marks its sesqui- sistant Secretary or Labor. clerk will report the bill by title. centennial, Durbin, Obama. The legislative clerk read as follows: f S. Res. 69, a resolution recognizing A bill (S. 188) to revise the short title of the African-American spiritual as a na- LEGISLATIVE SESSION the Fannie Lou Hamer, Rosa Parks, and tional treasure, Menendez. Coretta Scott King Voting Rights Act Reau- The PRESIDING OFFICER. The Sen- thorization and Amendments Act of 2006. The PRESIDING OFFICER. Without ate will now return to legislative ses- objection, it is so ordered. There being no objection, the Senate sion. proceeded to consider the bill which SELECT COMMITTEE ON INTELLIGENCE f had been reported from the Committee Mr. LEAHY. Mr. President, I ask on the Judiciary, with amendments, as LIVING KIDNEY ORGAN DONATION unanimous consent that the Select follows: CLARIFICATION ACT OF 2007 Committee on Intelligence be author- (The parts of the bill intended to be ized to meet during the session of the Mr. REID. Mr. President, I ask con- stricken are shown in boldface brack- Senate on February 15, 2007, at 2:30 sent that the HELP Committee be dis- ets and the parts intended to be in- p.m. to hold a closed hearing. charged from further consideration of serted are shown in italic.) The PRESIDING OFFICER. Without S. 487 and the Senate proceed to its S. 188 objection, it is so ordered. consideration. Be it enacted by the Senate and House of Rep- SPECIAL COMMITTEE ON AGING The PRESIDING OFFICER. Without resentatives of the United States of America in Mr. LEAHY. Mr. President, I ask objection, it is so ordered. The clerk Congress assembled, unanimous consent that the Special will report the bill by title. SECTION 1. SHORT TITLE. Committee on Aging be authorized to The legislative clerk read as follows: Section 1 of the Fannie Lou Hamer, Rosa meet Thursday, February 15, 2007, from A bill (S. 487) to amend the National Organ Parks, and Coretta Scott King Voting Rights 10 a.m. to noon in Dirksen 562 for the Transplant Act to clarify that kidney paired Act Reauthorization and Amendments Act of purpose of conducting a hearing. donations shall not be considered to involve 2006 (Public Law 109–246) is amended by The PRESIDING OFFICER. Without the transfer of a human organ for valuable striking ‘‘and Coretta Scott King’’ and in- consideration. serting ‘‘Coretta Scott King, øand Ce´sar E. objection, it is so ordered. Cha´ vez¿ Ce´sar E. Cha´ vez, Barbara C. Jordan, f There being no objection, the Senate and William C. Vela´ squez’’. proceeded to consider the bill. EXECUTIVE SESSION SEC. 2. CONFORMING AMENDMENTS. Mr. REID. I understand there is an Paragraphs (7) and (8) of section 4(a), and amendment at the desk. I ask consent section 13(a)(1), of the Voting Rights Act of the amendment be considered and 1965 (42 U.S.C. 1973b(a), 1973k(a)(1)) are each NOMINATIONS DISCHARGED— agreed to, the bill, as amended, be read amended by striking ‘‘and Coretta Scott EXECUTIVE CALENDAR three times and passed, the motion to King’’ and inserting ‘‘Coretta Scott King, Mr. REID. Mr. President, I ask unan- reconsider be laid on the table, and any øand Ce´sar E. Cha´ vez¿ Ce´sar E. Cha´ vez, Bar- ´ imous consent that the Senate proceed statements be printed at the appro- bara C. Jordan, and William C. Velasquez’’. SEC. 3. CONSTRUCTION. to executive session; that the Rules priate place in the RECORD. Title I of the Voting Rights Act of 1965 (42 Committee be discharged from further The PRESIDING OFFICER. Without U.S.C. 1973 et seq.) is amended by adding at consideration of the following nomina- objection, it is so ordered. the end the following: tions: Rosemary Rodriguez and Caro- The amendment (No. 266) was agreed ‘‘SEC. 20. A reference in this title to the ef- line Hunter to be members of the Elec- to, as follows: fective date of the amendments made by, or tion Assistance Commission; that the AMENDMENT NO. 266 the date of the enactment of, the Fannie Lou Hamer, Rosa Parks, Coretta Scott King, nominations be confirmed and the mo- (Purpose: In the nature of a substitute) tion to reconsider be laid upon the øand Ce´sar E. Cha´ vez¿ Ce´sar E. Cha´ vez, Bar- Strike all after the enacting clause and in- ´ table; further, that the Senate then bara C. Jordan, and William C. Velasquez Vot- sert the following: ing Rights Act Reauthorization and Amend- proceed to Executive Calendar No. 29, SECTION 1. SHORT TITLE. ments Act of 2006 shall be considered to refer the nomination of Leon Sequeira to be This Act may be cited as the ‘‘Living Kid- to, respectively, the effective date of the an Assistant Secretary of Labor; that ney Organ Donation Clarification Act of amendments made by, or the date of the en- the nomination be confirmed and the 2007’’. actment of, the Fannie Lou Hamer, Rosa

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00133 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2116 CONGRESSIONAL RECORD — SENATE February 15, 2007 Parks, and Coretta Scott King Voting Rights ing the vital minority language provi- On page 2, line 19, strike ‘‘and William C. Act Reauthorization and Amendments Act of sions to the VRA. Barbara Jordan’s life Vela´ squez’’ and insert ‘‘William C. 2006.’’. and career, not to mention her power- Vela´ squez, and Dr. Hector P. Garcia’’. Mr. LEAHY. Mr. President, in Janu- ful speeches, have been an inspiration The bill (S. 188) was ordered to be en- ary, I joined Senator SALAZAR in intro- to so many that I am pleased to sup- grossed for a third reading, was read ducing a bill to include Ce´sar E. Cha´ vez port adding her name to the bill. the third time, and passed, as follows: among the names of the great civil On behalf of Senator SALAZAR, I of- S. 188 rights leaders we honor in the title of fered an amendment to add the name of Be it enacted by the Senate and House of Rep- last year’s Voting Rights Act Reau- another Presidential Medal of Freedom resentatives of the United States of America in thorization and Amendments Act of honoree from Texas, William C. Congress assembled, 2006, VRARA. We reported this bill out Velasquez. In 1974, Willie Velasquez SECTION 1. SHORT TITLE. of committee last week, and I am founded the Southwest Voter Registra- Section 1 of the Fannie Lou Hamer, Rosa pleased the Senate was able to take it tion and Education Project, the Na- Parks, and Coretta Scott King Voting Rights Act Reauthorization and Amendments Act of up and pass it so quickly. tion’s largest voter registration project aimed at the Hispanic community. 2006 (Public Law 109–246) is amended by I supported taking this action last striking ‘‘and Coretta Scott King’’ and in- year during the Senate Judiciary Com- Under his leadership, the SVREP serting ‘‘Coretta Scott King, Ce´sar E. mittee’s consideration of the VRARA launched hundreds of successful get- Cha´ vez, Barbara C. Jordan, William C. when I offered an amendment on behalf out-the-vote and voter registration Vela´ squez, and Dr. Hector P. Garcia’’. of Senator SALAZAR to add the His- drives throughout the Southwest, SEC. 2. CONFORMING AMENDMENTS. panic civil rights leader to those for greatly expanding the number of reg- Paragraphs (7) and (8) of section 4(a), and whom the law is named. As Senator istered Latino voters and increasing section 13(a)(1), of the Voting Rights Act of SALAZAR reminded us, Ce´sar Cha´ vez is Hispanic participation in the political 1965 (42 U.S.C. 1973b(a), 1973k(a)(1)) are each an American hero who sacrificed his process. Mr. Velasquez, who was also a amended by striking ‘‘and Coretta Scott King’’ and inserting ‘‘Coretta Scott King, life to empower the most vulnerable in leader with the United Farm Workers and helped found the Mexican Amer- Ce´sar E. Cha´ vez, Barbara C. Jordan, William America. Like Fannie Lou Hamer, C. Vela´ squez, and Dr. Hector P. Garcia’’. Rosa Parks, and Coretta Scott King, ican Youth Organization, MAYO, and la Raza Unida, helped others believe as SEC. 3. CONSTRUCTION. for whom the VRARA is named, he be- Title I of the Voting Rights Act of 1965 (42 he did that ‘‘Su voto es su voz’’, your lieved strongly in the right to vote as U.S.C. 1973 et seq.) is amended by adding at vote is your voice. When President a cornerstone of American democracy. the end the following: Clinton posthumously awarded Mr. I offered the amendment in the Judici- ‘‘SEC. 20. A reference in this title to the ef- Velasquez the Presidential Medal of ary Committee last year and it was fective date of the amendments made by, or Freedom in 1995, he was only the sec- the date of the enactment of, the Fannie Lou adopted without dissent. ond Latino to receive the Nation’s Hamer, Rosa Parks, Coretta Scott King, In order not to complicate final pas- highest civilian honor. We should Ce´sar E. Cha´ vez, Barbara C. Jordan, William sage of the Voting Rights Act, the Sen- honor him now by adding his name to C. Vela´ squez, and Dr. Hector P. Garcia Vot- ate proceeded to adopt the House- the title of the VRARA. I offer this ad- ing Rights Act Reauthorization and Amend- ments Act of 2006 shall be considered to refer passed bill without amendment. This ditional amendment on behalf of Sen- was done so that the bill could be to, respectively, the effective date of the ator SALAZAR. amendments made by, or the date of the en- signed into law without having to be Of course, there are many great lead- reconsidered by the House. At that actment of, the Fannie Lou Hamer, Rosa ers we could add to honor their great Parks, and Coretta Scott King Voting Rights time, I committed to work with Sen- contributions to the expansion of vot- Act Reauthorization and Amendments Act of ator SALAZAR to conform the law to in- ing rights to all Americans. Without 2006.’’. clude recognition of the contribution leaders like Congressman JOHN LEWIS f to our civil rights, voting rights and and House Judiciary Chairman JOHN NATIONAL MEDAL OF HONOR DAY American society by Ce´sar Cha´ vez. CONYERS, we would not have the Voting I have supported adding Ce´sar Rights Act today. We are indebted to Mr. REID. Mr. President, I ask unan- Cha´ vez’s name to the law as an impor- them as we are to so many others for imous consent that the Senate proceed tant recognition of the broad landscape the strides that we have made. Taking to S. Con. Res. 12. of political inclusion made possible by up and passing this bill today is a sign The PRESIDING OFFICER. The the Voting Rights Act. This bill would of our commitment to ensuring that clerk will report the concurrent resolu- not alter the bill’s vital remedies for the great promises of the 14th and 15th tion by title. continuing discrimination in voting amendments are kept for all Ameri- The legislative clerk read as follows: but is overdue recognition of the im- cans and that the Voting Rights Act A resolution (S. Con. Res. 12) supporting portance of the Voting Rights Act to Reauthorization and Amendments Act the goals and ideals of a National Medal of Hispanic-Americans. Prior to the VRA, is fully implemented to protect the Honor Day to mark the significance and im- Hispanics, like minorities of all races, rights of all Americans. portance of the Medal of Honor and to cele- faced major barriers to participation in Mr. REID. I ask consent that the brate and honor the recipients of the Medal of Honor on the anniversary of the first the political process, through the use committee-reported amendments be award of that medal in 1863. of such devices as poll taxes, exclu- considered and agreed to, the amend- There being no objection, the Senate sionary primaries, intimidation by vot- ment at the desk be considered and proceeded to consider the resolution. ing officials, language barriers, and agreed to and the bill, as amended, be Mr. REID. Mr. President, I further systematic vote dilution. read three times, passed, the motion to ask the resolution be agreed to, the We amended the bill in committee to reconsider be laid upon the table and preamble be agreed to, the motion to add the names of two more great Amer- any statements be printed in the reconsider be laid upon the table and ican leaders, Barbara Jordan and Wil- RECORD. that any statements relating to this liam C. Velasquez. Congresswoman Jor- The PRESIDING OFFICER. Without measure be printed in the RECORD. dan was not only a pioneer as the first objection, it is so ordered. The PRESIDING OFFICER. Without African American woman from a south- The committee amendments were agreed to. objection, it is so ordered. ern State to serve in the House of Rep- The resolution (S. Con. Res. 12) was resentatives but also a great leader The amendment (No. 267) was agreed to, as follows: agreed to. with an impressive career in public The preamble was agreed to. AMENDMENT NO. 267 service as a Texas state legislator, a The resolution, with its preamble, Member of Congress, and a professor at (Purpose: To add the name of Dr. Hector P. Garcia to a short title) reads as follows: the University of Texas. She received S. CON. RES. 12 the Presidential Medal of Freedom On page 2, line 3, strike ‘‘and William C. ´ Whereas the Medal of Honor, the highest from President Clinton in 1994. Her Velasquez’’ and insert ‘‘William C. Vela´ squez, and Dr. Hector P. Garcia’’. award for valor in action against an enemy work on the House Judiciary Com- On page 2, line 10, strike ‘‘and William C. force that can be bestowed to a member of mittee in 1975 was instrumental in re- Vela´ squez’’ and insert ‘‘William C. the Armed Forces, is awarded by the Presi- newing the Voting Rights Act and add- Vela´ squez, and Dr. Hector P. Garcia’’. dent, in the name of Congress, to individuals

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00134 Fmt 0624 Sfmt 0634 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2007 CONGRESSIONAL RECORD — SENATE S2117 who have distinguished themselves conspicu- ly divided and controlled by the two BRIAN P. GAVULA, 0000 KRISTOF M. GAWIN, 0000 ously by gallantry and intrepidity at the leaders; that beginning at 12:30 p.m., KURT E. GILABERT, 0000 risk of their lives above and beyond the call there be a period of morning business, PAUL E. GOLDEN, JR., 0000 of duty; DANIEL D. GRIESER, 0000 with Senators permitted to speak BENJAMIN K. GRIMES, 0000 Whereas the United States will forever be therein, with 30-minute blocks of time VERONICA HANSEN, 0000 in debt to the recipients of the Medal of MATTHEW R. HOVER, 0000 Honor for their bravery and sacrifice in in an alternating fashion, with the ma- JOHN L. KIEL, JR., 0000 jority controlling the first 30 minutes. BENJAMIN J. KINSLEY, 0000 times of war or armed conflict; CHRISTOPHER L. KRAFCHEK, 0000 Whereas the first Medal of Honor awards The PRESIDING OFFICER. Is there WALTER H. KWON, 0000 were presented to 6 men on March 25, 1863, by objection? JOSEPH B. MACKEY, 0000 SEAN F. MANGAN, 0000 the Secretary of War; Without objection, it is so ordered. CHRISTOPHER E. MARTIN, 0000 Whereas only 3,443 individuals out of the STEPHEN W. MCGAHA, 0000 millions of men and women who have served f WILLIAM E. MULLEE, 0000 KRISTIAN W. MURRAY, 0000 the United States in war, military oper- ADJOURNMENT UNTIL TOMORROW GREGORY S. MUSSELMAN, 0000 ations, or other armed conflicts have been STEVEN C. NEILL, 0000 awarded the Medal of Honor; Mr. REID. Mr. President, if there is AMY J. NELSON, 0000 no further business to come before the CASEY P. NIX, 0000 Whereas there are 111 living recipients of AMANDA M. ONEIL, 0000 the Medal of Honor, as of January 1, 2007; Senate, I now ask unanimous consent SCOTT A. ORAVEC, 0000 Whereas it is appropriate to commemorate that the Senate stand adjourned under SABRA M. OWENS, 0000 PATRICK A. PARSON, 0000 and honor the recipients of the Medal of the previous order. JON D. PAVLOVCAK, 0000 Honor and what they represent; There being no objection, the Senate, ALEXANDER N. PICKANDS, 0000 Whereas the people of the United States TARA E. POLLEYS, 0000 at 6:17 p.m., adjourned until Friday, TERESA L. RAYMOND, 0000 should always be aware of the significance February 16, 2007, at 12 noon. SHANE R. REEVES, 0000 and meaning of the Medal of Honor; KAREN W. RIDDLE, 0000 Whereas the designation of a National CYNTHIA RUCKNO, 0000 f BRIAN J. RUSH, 0000 Medal of Honor Day would focus the efforts CHRISTOPHER C. RYAN, 0000 of national, State, and local organizations NOMINATIONS YVONNE L. SALLIS, 0000 striving to foster public appreciation and Executive nominations received by PATRICK R. SHANE, 0000 recognition of Medal of Honor recipients; and ROBERT C. STELLE, 0000 the Senate February 15, 2007: JEFFREY S. THURNHER, 0000 Whereas March 25, 2007, would be an appro- SCOTT T. VANSWERINGEN, 0000 priate date to observe National Medal of THE JUDICIARY MARK A. VETTER, 0000 RUTH M. VETTER, 0000 Honor Day: Now, therefore, be it RICHARD SULLIVAN, OF NEW YORK, TO BE UNITED TROY C. WALLACE, 0000 Resolved by the Senate (the House of Rep- STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT MARC B. WASHBURN, 0000 resentatives concurring), That Congress— OF NEW YORK, VICE MICHAEL B. MUKASEY, RETIRED. GISELA A. WESTWATER, 0000 TIMOTHY D. DEGIUSTI, OF OKLAHOMA, TO BE UNITED SEAN M. WILSON, 0000 (1) recognizes the heroism and sacrifice of STATES DISTRICT JUDGE FOR THE WESTERN DISTRICT STEFAN R. WOLFE, 0000 Medal of Honor recipients; OF OKLAHOMA, VICE TIMOTHY D. LEONARD, RETIRED. DEBORAH E. WOOLVERTON, 0000 (2) recognizes the educational opportunity IN THE ARMY KAIESHA N. WRIGHT, 0000 that a National Medal of Honor Day would THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE RESERVE OF THE present to the people of the United States; IN THE UNITED STATES ARMY TO THE GRADE INDICATED ARMY UNDER TITLE 10, U.S.C., SECTION 12203: and WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: To be colonel (3) supports the goals and ideals of a Na- tional Medal of Honor Day to celebrate and To be lieutenant general ANDREW W. AQUINO, 0000 STANLEY W. BAMBERG, 0000 honor the contributions of Medal of Honor MAJ. GEN. BENJAMIN C. FREAKLEY, 0000 WILLIE G. BARNES, 0000 recipients. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RAYMOND H. BUCON, 0000 DONALD F. DAVIDSON, 0000 f IN THE UNITED STATES ARMY TO THE GRADE INDICATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND JAMES R. DRISCOLL, 0000 RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: DELMAR M. FARNHAM, 0000 MEASURE READ THE FIRST JAMES M. FOGLEMILLER, 0000 TIME—S. 641 To be lieutenant general MALCOLM M. GRIFFITH, 0000 COY J. HALLMARK, 0000 Mr. REID. Mr. President, it is my un- MAJ. GEN. A. SORENSON JEFFREY, 0000 LAWRENCE M. HENDEL, 0000 STEVEN W. HOLLEY, 0000 derstanding there is a bill at the desk, IN THE AIR FORCE JOHN J. HOLZHAUSER, 0000 and I ask for its first reading. THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- KEVIN J. HOOGLAND, 0000 The PRESIDING OFFICER. The POINTMENT IN THE GRADES INDICATED IN THE UNITED FRANKLIN D. HUDSON, 0000 STATES AIR FORCE UNDER TITLE 10, U.S.C., SECTION 531: DAVID H. JONES, 0000 clerk will read the title of the bill for LARRY E. JONES, 0000 To be lieutenant colonel WAYNE D. KIRK, 0000 the first time. JONATHAN B. LEACH, 0000 The legislative clerk read as follows: JEFFREY M. KLOSKY, 0000 LARRY A. MCCARTY, 0000 To be major RICK E. MORROW, 0000 A bill (S. 641) to express the sense of Con- PATRICK D. NEAL, 0000 gress that no funds should be cut off or re- ROBERT W. ROSS III, 0000 WILLIAM J. STANG, 0000 duced for American troops in the field which MICHAEL D. TAYLOR, 0000 IN THE ARMY DAVID A. WHITE, 0000 would result in undermining their safety or PAUL J. WILLIS, 0000 their ability to complete their assigned mis- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE RESERVE OF THE IN THE MARINE CORPS sions. ARMY UNDER TITLE 10, U.S.C., SECTION 12203: THE FOLLOWING NAMED LIMITED DUTY OFFICER FOR Mr. REID. Mr. President, I now ask To be colonel APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., for a second reading and, in order to MIYAKO N. SCHANLEY, 0000 SECTION 624: place this bill on the calendar under THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT To be lieutenant colonel the provisions of rule XIV, object to TO THE GRADE INDICATED IN THE UNITED STATES ARMY JUDGE ADVOCATE GENERAL’S CORPS UNDER TITLE 10, CHARLES E. PARHAM, JR., 0000 my own request. U.S.C., SECTIONS 624 AND 3064: THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR The PRESIDING OFFICER. Objec- To be major APPOINTMENT TO THE GRADE INDICATED IN THE tion is heard. The bill will receive its ANTHONY C. ADOLPH, 0000 UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., second reading on the next legislative NACY J. ALOUISE, 0000 SECTION 624: ROBERT E. BARNSBY, 0000 To be lieutenant colonel day. JOSEPH G. BERGEN, 0000 f SCOTT S. BRENNEMAN, 0000 DONALD E. EVANS, JR., 0000 THOMAS E. BRZOZOWSKI, 0000 ELLIOTT J. ROWE, 0000 ORDERS FOR FRIDAY, FEBRUARY CLINTON M. CAMPION, 0000 GERALDINE CHANEL, 0000 THE FOLLOWING NAMED LIMITED DUTY OFFICER FOR 16, 2007 SEAN M. CONNOLLY, 0000 APPOINTMENT TO THE GRADE INDICATED IN THE CHRISTOPHER C. COX, 0000 UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., Mr. REID. Mr. President, I ask unan- JENNIFER L. CRAWFORD, 0000 SECTION 624: imous consent that when the Senate JOEL P. CUMMINGS, 0000 To be lieutenant colonel GEOFFREY S. DEWEESE, 0000 completes its business today, it stand KIRSTEN M. DOWDY, 0000 JORGE L. MEDINA, 0000 adjourned until 12 noon tomorrow, Feb- MELINDA S. ECENRODE, 0000 LAWRENCE A. EDELL II, 0000 THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR ruary 16; that on Friday, following the CHARLOTTE M. EMERY, 0000 APPOINTMENT TO THE GRADE INDICATED IN THE prayer and the pledge, the Journal of JAMES A. EWING, 0000 UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., JENNIFER B. FARMER, 0000 SECTION 624: proceedings be approved to date, the WILLIAM M. FISCHBACH, 0000 To be lieutenant colonel morning hour be deemed expired, and JAMES F. FORD, 0000 TIMOTHY A. FURIN, 0000 DOUGLAS M. FINN, 0000 that the time until 12:30 p.m. be equal- STEVEN A. GARIEPY, 0000 RONALD P. HEFLIN, 0000

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00135 Fmt 0624 Sfmt 9801 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2118 CONGRESSIONAL RECORD — SENATE February 15, 2007

THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR PETER H. PHILLIPS, 0000 BRUCE W. NEUBERGER, 0000 APPOINTMENT TO THE GRADE INDICATED IN THE ROBERT F. PRESSLY, 0000 BARRY C. NEULEN, 0000 UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., EDWARD J. QUINONEZ, 0000 BRUCE E. NICKLE, 0000 SECTION 624: PHILIP G. RESTIVO, 0000 BRENT A. NORRIS, 0000 To be lieutenant colonel DONALD L. REVELL, 0000 JAMES S. OMEARA, 0000 GARY B. RHINESMITH, JR., 0000 ALAN L. ORR II, 0000 CHARLES E. BROWN, 0000 ELIZABETH RICHARDSON, 0000 MICHAEL J. OUZTS, 0000 MARC C. HOWELL, 0000 EARLE J. ROBERTSON, 0000 BRIAN S. PAGEL, 0000 DAVID S. PHILLIPS, 0000 ROBERT A. SANCHEZ, 0000 CHRISTOPHER J. PAPAJ, 0000 SCOTT O. SCHULTZ, 0000 JOHN R. PARKER, 0000 THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR ROBERT J. SENINI, 0000 JEFFREY S. RENIER, 0000 APPOINTMENT TO THE GRADE INDICATED IN THE JAMES M. STACIA, 0000 LORETTA E. REYNOLDS, 0000 UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., JOHN C. STEVENS, 0000 FRANK A. RICHIE, 0000 SECTION 624: SAMUEL J. STROTMAN, 0000 PHILIPPE D. ROGERS, 0000 To be lieutenant colonel DAVID W. STUEBE, 0000 THADDEUS A. RUANE, 0000 TODD T. TILLMAN, 0000 THOMAS W. RUSSELL, 0000 STEVEN P. COUTURE, 0000 ROY J. TRENTALANGE, 0000 SHAUN L. SADLER, 0000 ROBERT D. ELLIS, 0000 JAMES F. TURNER IV, 0000 RUSSELL A. SANBORN, 0000 GERALD J. GRIFFIN, 0000 HECTOR J. VELEZ, 0000 CHRISTOPHER J. SCHLAFER, 0000 JESSE MCRAE, 0000 KYLE D. WATROUS, 0000 JOHN M. SCHULTZ, 0000 ROBERT T. WATTS, 0000 WILLIAM B. SPAHN, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT STEVEN B. WEINBERG, 0000 BLAYNE H. SPRATLIN, 0000 TO THE GRADE INDICATED IN THE UNITED STATES MA- THOMAS M. WELDON, 0000 MICHAEL R. STAHLMAN, 0000 RINE CORPS RESERVE UNDER TITLE 10, U.S.C., SECTION COURTNEY S. WESSINGER, 0000 WAYNE R. STEELE, 0000 12203: ANTHONY J. WHITE, 0000 ERIC J. STEIDL, 0000 To be colonel JOHN W. WIGGINS, 0000 ROGER L. STONE, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DAVID A. TAGG, 0000 JONATHAN G. ALLEN, 0000 ARTHUR TOMASSETTI, 0000 RODNEY A. ALLEN, 0000 TO THE GRADE INDICATED IN THE UNITED STATES MA- RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: CHARLES J. TULANEY, 0000 AARON T. AMEY, 0000 MARK M. TULL, 0000 JAY T. ARNETT, 0000 To be colonel BRADLEY C. VICKERS, 0000 KEVIN K. BAGGOTT, 0000 SCOTT A. WALKER, 0000 JAMES C. BAILEY, 0000 PETER W. AHERN, 0000 WALTER R. WATSON, 0000 NORMAN C. BAILEY, 0000 JEFFREY K. ARRUDA, 0000 MARK A. WERTH, 0000 ANDREW K. BAIN, 0000 DONALD P. BALDWIN, 0000 KEVIN H. WILD, 0000 CYRUS D. BEHSERESHT, 0000 EDWARD D. BANTA, 0000 SCOTT P. WILLIAMS, 0000 THOMAS R. BELLEVILLE, 0000 HAROLD C. BASS, 0000 TERRY V. WILLIAMS, 0000 JONATHON E. BORK, 0000 MICHAEL A. BISZAK, 0000 MARK R. WISE, 0000 ADAM S. CANNIZZARO, 0000 MATTHEW J. BONNOT, 0000 KEVIN T. WOOLEY, 0000 SCOTT T. CARHART, 0000 STEVEN P. BRODFUEHRER, 0000 JOSEPH P. CATAN, 0000 WILLARD A. BUHL, 0000 IN THE NAVY CHARLES R. CHAMPAGNE, 0000 ROBERT J. CHARETTE, JR., 0000 DANIEL W. CHRISTOPHER, 0000 ERIC T. CHASE, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DONALD G. CLARK II, 0000 NORMAN L. COOLING, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY CLARKE D. CLODFELDER, 0000 DENNIS M. CUNNIFFE, 0000 UNDER TITLE 10, U.S.C., SECTION 624: EDWARD L. COLEMAN, 0000 WILLIAM R. CUNNINGHAM, 0000 To be commander PAUL B. DECKERT, 0000 TIMOTHY B. CUTRIGHT, 0000 KENNETH J. DESIMONE II, 0000 PATRICK M. DELATTE, 0000 MARK A. GLADUE, 0000 GEORGE V. DINARDO, 0000 DOUGLAS A. DENN, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DAVID E. DUCEY, 0000 JAMES T. DILLON, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY JAMES C. DUMONT, 0000 STEPHEN R. DINAUER, 0000 UNDER TITLE 10, U.S.C., SECTION 624: JEFFREY L. ENDICOTT, 0000 DREW T. DOOLIN, 0000 DEREK J. EVERILL, 0000 THOMAS B. EIPP, 0000 To be captain MICHAEL C. FORREY, 0000 YORI R. ESCALANTE, 0000 JOHN A. FRANKLIN, 0000 DOUGLAS H. FAIRFIELD, 0000 BRIAN D. PETERSEN, 0000 ROBERT A. GADJO, 0000 JOHN J. GAMELIN, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JEFFREY M. GALIARDI, 0000 ROGER A. GARAY, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY THOMAS C. GIOVANELLI, 0000 KEIL R. GENTRY, 0000 UNDER TITLE 10, U.S.C., SECTION 624: JOHN C. GRAHAM, 0000 MATTHEW G. GLAVY, 0000 CHARLES E. HALL, 0000 DAVID G. GOULET, 0000 To be captain DONALD K. HANSEN, 0000 JOSEPH P. GRANATA, 0000 TERRY L. RUCKER, 0000 SHARON D. JACKO, 0000 MICHAEL S. GROEN, 0000 MICHAEL S. KAWAGUCHI, 0000 STEVEN M. HANSON, 0000 MICHAEL A. KELLY, 0000 CLARKE D. HENDERSON, 0000 f GREGORY H. KITCHENS, 0000 CHARLES O. HOBAUGH, 0000 DARREL L. KOERBER, 0000 THOMAS G. HOLDEN, 0000 CONFIRMATIONS LANCE E. LAMMOTT, 0000 KEVIN M. IIAMS, 0000 CHRISTOPHER A. LANDRO, 0000 RICHARD C. JACKSON II, 0000 Executive nominations confirmed by MICHAEL P. LEARY, 0000 JOHN M. JANSEN, 0000 PAUL K. LEBIDINE, 0000 JOSEPH M. JEFFREY III, 0000 the Senate Thursday, February 15, 2007: ROBERT M. LEWANDOWSKI, 0000 EDWARD M. JEFFRIES, JR., 0000 JOE E. LINDAU, 0000 ANTHONY J. JOHNSON, 0000 DEPARTMENT OF LABOR R. B. LINNEKIN, JR., 0000 JAY E. JOHNSON, 0000 LEON R. SEQUEIRA, OF VIRGINIA, TO BE AN ASSISTANT THEODORE C. LOPEZ, 0000 DEWEY G. JORDAN, 0000 SECRETARY OF LABOR. SCOTT E. LYSTAD, 0000 JOHN E. KASPERSKI, 0000 THE ABOVE NOMINATION WAS APPROVED SUBJECT TO BRIAN A. MACE, 0000 PETER J. KEATING, 0000 THE NOMINEE’S COMMITMENT TO RESPOND TO RE- JAMES G. MACVARISH, 0000 MICHAEL P. KILLION, 0000 QUESTS TO APPEAR AND TESTIFY BEFORE AN DULY MICHAEL L. MAFFETT, 0000 LAWRENCE E. KILLMEIER, JR., 0000 CONSTITUTED COMMITTEE OF THE SENATE. JOHN R. MAHONEY, 0000 SAMUEL A. KIRBY, 0000 LUKE MARSDEN, 0000 PHILIP S. LARK, 0000 ELECTION ASSISTANCE COMMISSION MICHAEL V. MCCARTHY, 0000 MARK D. LAVIOLETTE, 0000 JOHN F. MCDONOUGH III, 0000 RANDY J. LAWSON, 0000 ROSEMARY E. RODRIGUEZ, OF COLORADO, TO BE A BRIAN J. MCGUIRE, 0000 SAMUEL LIMA, 0000 MEMBER OF THE ELECTION ASSISTANCE COMMISSION GREGORY D. MCMANUS, 0000 LAURA LITTLE, 0000 FOR THE REMAINDER OF THE TERM EXPIRING DECEM- COLIN P. MCNEASE, 0000 ROBERT D. LOYND, 0000 BER 12, 2007. PAUL R. MENGLE, 0000 DANIEL R. MASUR, 0000 CAROLINE C. HUNTER, OF FLORIDA, TO BE A MEMBER GARY W. MONTGOMERY, 0000 CHRISTOPHER R. MCCARTHY, 0000 OF THE ELECTION ASSISTANCE COMMISSION FOR A ROBERT C. MURPHY, 0000 CHARLES W. MCCOBB, 0000 TERM EXPIRING DECEMBER 12, 2009. SUSAN L. MURRAY, 0000 PAUL A. MILLER, 0000 THE JUDICIARY MICHAEL P. MURTHA, 0000 CHRISTOPHER W. MINER, 0000 SUSAN NOEL, 0000 DANIEL P. MONAHAN, 0000 NORMAN RANDY SMITH, OF IDAHO, TO BE UNITED BRIAN T. OLIVER, 0000 KEITH M. MOORE, 0000 STATES CIRCUIT JUDGE FOR THE NINTH CIRCUIT. MICHAEL S. PERKINS, 0000 JEFFREY K. MOSHER, 0000 MARCIA MORALES HOWARD, OF FLORIDA, TO BE JEFFREY A. PETTIGREW, 0000 WILLIAM F. MULLEN III, 0000 UNITED STATES DISTRICT JUDGE FOR THE MIDDLE DIS- BRIAN C. PHILLIPS, 0000 ANTON H. NERAD II, 0000 TRICT OF FLORIDA.

VerDate Mar 15 2010 21:57 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00136 Fmt 0624 Sfmt 9801 E:\2007SENATE\S15FE7.REC S15FE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E351 EXTENSIONS OF REMARKS

HOLY FAMILY HOSPITAL DELIV- Mrs. Roycroft’s involvement both in and out mend the sacrifices he has made to protect ERS HIGH QUALITY HEALTH of the classroom proves her dedication and our freedoms and I am pleased to have the CARE passion for teaching. She is a member of the opportunity to recognize his service. I applaud National Council for the Social Studies, the Richard Case for his successes and I wish HON. CATHY McMORRIS RODGERS Florida Council for the Social Studies, National him the best in his future endeavors. OF WASHINGTON Council for Geographic Education, and the International Reading Association. Since Mrs. IN THE HOUSE OF REPRESENTATIVES f Roycroft has begun teaching at Warrington Wednesday, February 14, 2007 Middle School, she has served as the Social INTRODUCTION OF THE FAMILY Mrs. MCMORRIS RODGERS. Madam Studies Department Chairman, a Member of EDUCATION FREEDOM ACT Speaker, I rise today to congratulate Holy the Technology Learning Group, a member of Family Hospital for being rated as a top per- the school leadership team for Curriculum former in the Centers for Medicare and Med- Mapping, a mentor, and the list continues. HON. RON PAUL The Teacher of the Year recognition high- icaid Services Premier Hospital Quality Incen- OF TEXAS tive project. lights one year of teaching, but the proof of Holy Family Hospital has been providing greatness lies well beyond the title—it lies in IN THE HOUSE OF REPRESENTATIVES quality health care to the people of Eastern the hearts and minds of the students who Wednesday, February 14, 2007 Washington for more than 40 years, but their have been deeply affected. To have the ability story really began in 1945 when the Domini- to significantly impact the lives of her students Mr. PAUL. Madam Speaker, I rise today to can Sisters purchased the land that Holy Fam- and to positively shape their minds, by instill- introduce the Family Education Freedom Act, ily Hospital was later built on. Their philosophy ing the knowledge, wisdom, and confidence a bill to empower millions of working and mid- to ‘‘restore and maintain health, promote needed to succeed is immeasurable and dle-class Americans to choose a non-public wellness, prevent illness whenever possible, places Anne Roycroft among the great teach- education for their children, as well as making and help create a person-centered environ- ers in Northwest Florida. Escambia County is it easier for parents to actively participate in ment which fosters the healing process’’ con- honored to have her as one of their own. improving public schools. The Family Edu- tinues to guide the efforts of Holy Family Hos- Madam Speaker, on behalf of the United cation Freedom Act accomplishes its goals by pital today. States Congress, I am proud to recognize allowing American parents a tax credit of up to As a top performer, Holy Family Hospital Elizabeth Anne Roycroft on this outstanding $5,000 for the expenses incurred in sending was evaluated on their performance and out- achievement and her exemplary service in the their child to private, public, parochial, other come measures in five clinical areas—acute Escambia County School District. religious school, or for home schooling their myocardial infarction (heart attack), heart fail- f children. ure, coronary artery bypass graft, CABG, pneumonia, and hip and knee replacement. PAYING TRIBUTE TO RICHARD The Family Education Freedom Act returns Madam Speaker, I rise today to commend CASE the fundamental principal of a truly free econ- Holy Family Hospital for setting the standard omy to America’s education system: what the for clinical excellence, and for providing excel- HON. JON C. PORTER great economist Ludwig von Mises called lent health care to the Eastern Washington OF NEVADA ‘‘consumer sovereignty’’. Consumer sov- community. I invite my colleagues to join me IN THE HOUSE OF REPRESENTATIVES ereignty simply means consumers decide who in congratulating the doctors and employees succeeds or fails in the market. Businesses Wednesday, February 14, 2007 of Holy Family Hospital on this great achieve- that best satisfy consumer demand will be the ment. Mr. PORTER. Madam Speaker, I rise today most successful. Consumer sovereignty is the f to honor Richard Case, a veteran of World means by which the free market maximizes War II, for his exemplary service in defense of human happiness. RECOGNIZING ELIZABETH ANNE freedom and award him with the Jubilee of ROYCROFT AS ESCAMBIA COUN- Currently, consumers are less than sov- Liberty Medal. ereign in the education ‘‘market.’’ Funding de- TY, FLORIDA’S TEACHER OF THE On June 6, 1944 the United States and its YEAR cisions are increasingly controlled by the fed- allies embarked on the largest air, land, and eral government. Because ‘‘he who pays the sea invasion ever undertaken. This massive piper calls the tune,’’ public, and even private HON. JEFF MILLER effort included 5,000 ships, 10,000 airplanes, schools, are paying greater attention to the OF FLORIDA and over 150,000 American, British, Canadian, dictates of federal ‘‘educrats’’ while ignoring Free French, and Polish Troops. During the IN THE HOUSE OF REPRESENTATIVES the wishes of the parents to an evergreater 50th anniversary of this historic event, the degree. As such, the lack of consumer sov- Wednesday, February 14, 2007 French Government awarded the Jubilee of ereignty in education is destroying parental Mr. MILLER of Florida. Madam Speaker, on Liberty Medal to American servicemen for their control of education and replacing it with state behalf of the United States Congress, it is an participation in the Battle of Normandy. control. Loss of control is a key reason why so honor for me to rise today to recognize Eliza- Richard served in the United States Army, many of America’s parents express dis- beth Anne Roycroft as Escambia County’s 101st Airborne Division. On June 6, 1944, he satisfaction with the educational system. Teacher of the Year. landed on Utah Beach as part of the Nor- Anne Roycroft joined the Escambia County mandy invasion and saw 21 consecutive days According to a poll by McLaughlin and As- School District administration in 2004, with an of combat. For his heroism and valor, Richard sociates, two-thirds of Americans believe edu- education background in American Studies, a was awarded the Purple Heart, two Bronze cation tax credits would have a positive effect Master’s of Education in Counseling from the Service Stars, and the Oak Leaf Cluster with on American education. This poll also found University of North Carolina at Chapel Hill, Distinguished Unit Badge. In addition, on the strong support for education tax credits among and a Graduate Studies degree in Psychology 50th anniversary of D-Day, Richard, along with liberals, moderates, conservatives, low-income from the University of West Florida. Mrs. 21 of the original paratroopers, jumped at individuals, and African-Americans. This is just Roycroft has proudly served the Escambia Utah Beach. one of numerous studies and public opinion County School District for over two years, Madam Speaker, I am proud to honor Rich- polls showing that Americans want Congress where she currently teaches Social Studies to ard Case for his heroic service in the United to get the federal bureaucracy out of the sixth and seventh graders at Warrington Mid- States Military. His dedication to this country schoolroom and give parents more control dle School in Pensacola, Florida. in the theater of war is truly exemplary. I com- over their children’s education.

∑ 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 01:32 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\RECORD07\E15FE7.REC E15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE E352 CONGRESSIONAL RECORD — Extensions of Remarks February 15, 2007 Today, Congress can fulfill the wishes of the increase in federal education expenditures and European African Middle Eastern Campaign American people for greater control over their the corresponding decrease in the ability of Service Medal, the WWII Victory Medal, and children’s education by simply allowing par- parents to provide for their children’s edu- the Good Conduct Medal. ents to keep more of their hard-earned money cation out of their own pockets. I call on all my Madam Speaker, I am proud to honor Wil- to spend on education rather than force them colleagues to join me in allowing parents to liam Fine for his heroic service in the United to send it to Washington to support education devote more of their resources to their chil- States Military. His dedication to this country programs reflective only of the values and pri- dren’s education and less to feed the wasteful in the theater of war is truly exemplary. I com- orities of Congress and the federal bureauc- Washington bureaucracy by supporting the mend the sacrifices he has made to protect racy. Family Education Freedom Act. our freedoms and I am pleased to have the The $5,000 tax credit will make a better f opportunity to recognize his service. I applaud education affordable for millions of parents. William Fine for his successes and I wish him Madame Speaker, many parents who would ST. JOSEPH’S HOSPITAL OF the best in his future endeavors. CHEWELAH DELIVERS HIGH choose to send their children to private, reli- f gious, or parochial schools are unable to af- QUALITY HEALTH CARE ford the tuition, in large part because of the INTRODUCING THE EDUCATION enormous tax burden imposed on the Amer- HON. CATHY McMORRIS RODGERS IMPROVEMENT TAX CUT ACT ican family by Washington. OF WASHINGTON The Family Education Freedom Act also IN THE HOUSE OF REPRESENTATIVES HON. RON PAUL benefits parents who choose to send their chil- OF TEXAS Wednesday, February 14, 2007 dren to public schools. Parents of children in IN THE HOUSE OF REPRESENTATIVES Mrs. MCMORRIS RODGERS. Madam public schools may use this credit to help im- Wednesday, February 14, 2007 prove their local schools by helping finance Speaker, I rise today to congratulate St. Jo- the purchase of educational tools such as seph’s Hospital of Chewelah for being rated Mr. PAUL. Madam Speaker, I rise to intro- computers or to ensure their local schools can as a top performer in the Centers for Medicare duce the Education Improvement Tax Cut Act. offer enriching extracurricular activities such and Medicaid Services Premier Hospital Qual- This act, a companion to my Family Education as music programs. Parents of public school ity Incentive project. Freedom Act, takes a further step toward re- students may also wish to use the credit to St. Joseph’s Hospital of Chewelah was turning control over education resources to pri- pay for special services, such as tutoring, for founded in 1929 by the Dominican Sisters. As vate citizens by providing a $5,000 tax credit their children. a member of Providence Health Care, their for donations to scholarship funds to enable Increasing parental control of education is mission is to provide a community of healing, low-income children to attend private schools. superior to funneling more federal tax dollars, collaborate with caregivers, and uphold a com- It also encourages private citizens to devote followed by greater federal control, into the mitment to excellence. This is the kind of serv- more of their resources to helping public schools. According to a Manhattan Institute ice and care they provide every day. schools, by providing a $5,000 tax credit for study of the effects of state policies promoting As a top performer, St. Joseph’s Hospital of cash or in-kind donations to public schools to parental control over education, a minimal in- Chewelah was evaluated on their performance support academic or extra curricular programs. crease in parental control boosts students’ av- and outcome measures in five clinical areas— Education remains one of the top priorities erage SAT verbal score by 21 points and stu- acute myocardial infarction (heart attack), of the American people. Unfortunately, most dents’ SAT math score by 22 points! The heart failure, coronary artery bypass graft proposals to address the American people’s Manhattan Institute study also found that in- (CABG), pneumonia, and hip and knee re- demand for education reform either expand creasing parental control of education is the placement. federal control over education or engage in best way to improve student performance on Madam Speaker, I rise today to commend the pseudo-federalism of block grants. Many the National Assessment of Education St. Joseph’s Hospital of Chewelah for setting proposals that claim to increase local control Progress (NAEP) tests. the standard for clinical excellence, and for over education actually extend federal power Clearly, enactment of the Family Education providing excellent health care to the Eastern by holding schools ‘‘accountable’’ to federal Freedom Act is the best thing this Congress Washington community. I invite my colleagues bureaucrats and politicians. Of course, schools could do to improve public education. Further- to join me in congratulating the doctors and should be held accountable for their results, more, a greater reliance on parental expendi- employees of St. Joseph’s Hospital of but they should be held accountable to par- tures rather than government tax dollars will Chewelah on this great achievement. ents and school boards not to federal officials. help make the public schools into true commu- f Therefore, I propose we move in a different di- nity schools that reflect the wishes of parents rection and embrace true federalism by return- and the interests of the students. PAYING TRIBUTE TO WILLIAM ing control over the education dollar to the The Family Education Freedom Act will also FINE American people. aid those parents who choose to educate their One of the major problems with centralized children at home. Home schooling has be- HON. JON C. PORTER control over education funding is that spending come an increasingly popular, and successful, OF NEVADA priorities set by Washington-based Represent- method of educating children. Home schooled IN THE HOUSE OF REPRESENTATIVES atives, staffers, and bureaucrats do not nec- children out-perform their public school peers essarily match the needs of individual commu- Wednesday, February 14, 2007 by 30 to 37 percentile points across all sub- nities. In fact, it would be a miracle if spending jects on nationally standardized achievement Mr. PORTER. Madam Speaker, I rise today priorities determined by the wishes of certain exams. Home schooling parents spend thou- to honor William Fine, a veteran of World War politically powerful representatives or the theo- sands of dollars annually, in addition to the II, for his exemplary service in defense of free- ries of Education Department functionaries wages forgone by the spouse who forgoes dom and award him with the Jubilee of Liberty match the priorities of every community in a outside employment, in order to educate their Medal. country as large and diverse as America. children in the loving environment of the On June 6, 1944 the United States and its Block grants do not solve this problem as they home. allies embarked on the largest air, land, and simply allow states and localities to choose Ultimately, Madam Speaker, this bill is about sea invasion ever undertaken. This massive the means to reach federally-determined ends. freedom. Parental control of child rearing, es- effort included 5,000 ships, 10,000 airplanes, Returning control over the education dollar pecially education, is one of the bulwarks of and over 150,000 American, British, Canadian, for tax credits for parents and for other con- liberty. No nation can remain free when the Free French, and Polish Troops. During the cerned citizens returns control over both the state has greater influence over the knowl- 50th anniversary of this historic event, the means and ends of education policy to local edge and values transmitted to children than French Government awarded the Jubilee of communities. People in one community may the family. Liberty Medal to American servicemen for their use this credit to purchase computers, while By moving to restore the primacy of parents participation in the Battle of Normandy. children in another community may, at last, to education, the Family Education Freedom William served in the United States Army, have access to a quality music program be- Act will not only improve America’s education, Company G, 318th Infantry Division and cause of community leaders who took advan- it will restore a parent’s right to choose how served in Central Europe, Ardennes and the tage of the tax credit contained in this bill. best to educate one’s own child, a funda- Rhineland. For his heroism and valor, William Children in some communities may benefit mental freedom that has been eroded by the was awarded the American Service Medal, the most from the opportunity to attend private,

VerDate Aug 31 2005 01:32 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\RECORD07\E15FE7.REC E15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE February 15, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E353 parochial, or other religious schools. One of area, serving on the Grand Traverse County PAYING TRIBUTE TO ROBERT the most encouraging trends in education has Economic Development Corporation, the GLANS been the establishment of private scholarship Waste Council, the Northwestern Regional Air- programs. These scholarship funds use vol- port Commission and the Grand Traverse HON. JON C. PORTER untary contributions to open the doors of qual- County Planning Commission. OF NEVADA ity private schools to low-income children. By Perhaps most important to the region’s plan- IN THE HOUSE OF REPRESENTATIVES providing a tax credit for donations to these ning and development, Mr. Inman was elected Wednesday, February 14, 2007 programs, Congress can widen the edu- in 1993 to the Grand Traverse County Board Mr. PORTER. Madam Speaker, I rise today cational opportunities and increase the quality of Commissioners and has been successively of education for all children. to honor Robert Glans, a veteran of World re-elected every two years. Furthermore, privately-funded scholarships War II, for his exemplary service in defense of raise none of the concerns of state entangle- Beyond the organizations that helped guide freedom and award him with the Jubilee of ment raised by publicly-funded vouchers. the region’s economic growth and develop- Liberty Medal. There is no doubt that Americans will al- ment, Mr. Inman was active with a number of On June 6, 1944 the United States and its ways spend generously on education, the organizations that assist those in the Grand allies embarked on the largest air, land, and question is, ‘‘who should control the education Traverse community who need the most help. sea invasion ever undertaken. This massive dollar—politicians and bureaucrats or the For instance, he spent time on the Funds Dis- effort included 5,000 ships, 10,000 airplanes, American people?’’ Madam Speaker, I urge tribution Board of the United Way of Northern and over 150,000 American, British, Canadian, my colleagues to join me in placing control of Michigan and the Grand Traverse County Vet- Free French, and Polish Troops. During the education back in the hands of citizens and erans Affairs Board. 50th anniversary of this historic event, the local communities by sponsoring the Edu- Beyond his service to the local Grand Tra- French Government awarded the Jubilee of cation Improvement Tax Cut Act. verse region, Mr. Imnan also served the State Liberty Medal to American servicemen for their f of Michigan in a variety of capacities. The participation in the Battle of Normandy. Robert served in the United States Army, TRIBUTE TO LARRY INMAN Governor appointed him to serve on the Board of Trustees of Northern Michigan University. 60th Infantry Regiment and served in Nor- Since 1998, he has represented a ten-county mandy, Northern France, and the Rhineland. HON. BART STUPAK region on the Northwest Michigan Council of For his heroism and valor, he was awarded OF MICHIGAN Governments. He serves today on the State of the Purple Heart, the European African Middle Eastern Campaign Service Medal with three IN THE HOUSE OF REPRESENTATIVES Michigan Community Corrections Board and Bronze Stars, the WWII Victory Medal, and Wednesday, February 14, 2007 chaired the Corrections Board from 1999 to the American Campaign Medal. 2006. Mr. STUPAK. Madam Speaker, I rise today Madam Speaker, I am proud to honor Rob- to recognize a northern Michigan citizen who Given the amount of time that Mr. Inman ert Glans for his heroic service in the United has been an exemplary leader in business, in has dedicated to serving his state and his States Military. His dedication to this country his community and in his State. Larry Inman local community, it is no wonder that his colin the theater of war is truly exemplary. I com- will celebrate his retirement this week after leagues have, at times, jokingly referred to mend the sacrifices he has made to protect twenty-eight years of service to the Huntington him as ‘‘Larry Never In Man.’’ Yet, despite the our freedoms and I am pleased to have the National Bank (formerly Empire National demands that community involvement places opportunity to recognize his service. I applaud Bank). upon his time, Mr. Inman has led a highly suc- Robert Glans for his successes and I wish him Mr. Inman is a northern Michigan original. cessful career at Huntington National Bank. the best in his future endeavors. He obtained his education and spent nearly Some might speculate that his success can be f his entire career in northern Michigan. He attributed to his effervescent attitude. He is earned an Associate of Science degree from known around the office for responding to the HONORING AND PRAISING THE Northwestern Michigan College in Traverse question, ‘‘How are you?’’ with his trademark NAACP ON THE OCCASION OF ITS City before graduating from Northern Michigan response, ‘‘Simply the best!’’ 98TH ANNIVERSARY University in Marquette in 1976. Mr. Inman had a brief internship in the Michigan Attorney With Larry’s well deserved retirement, per- SPEECH OF General’s Consumer Protection Division be- haps he will have more time to indulge his HON. LYNN C. WOOLSEY fore he began his career with the Empire Na- passions of attending Martina McBride con- certs and collecting country music memora- OF CALIFORNIA tional Bank as a loan adjuster in 1979. IN THE HOUSE OF REPRESENTATIVES Mr. Inman’s career at Huntington National bilia. However, even while he enjoys these Bank has been characterized by loyalty and hobbies, I know Mr. Inman will remain an ac- Monday, February 12, 2007 dedication. His hard work and tenacity were tive part of the Grand Traverse Community. Ms. WOOLSEY. Mr. Speaker, I rise today to often recognized and rewarded at Huntington Madam Speaker, all of us struggle to bal- pay tribute to an organization that has been at National Bank. During his twenty-eight years ance our professional lives with involvement in the forefront of the fight for civil and political there, he was promoted nine times, ultimately our local communities. As a leader in local liberty. The National Association for the Ad- landing the position of Vice President, Com- business, in his community and in the State of vancement of Colored People, our Nation’s mercial Loan Officer—Sales Executive Senior. Michigan, Larry Inman exemplifies that bal- oldest civil rights organization, has been on While Mr. Inman has been a tireless em- ance. the right side of history for 98 years. ployee for Huntington National Bank, what is Doing the right thing wasn’t an easy task, Madam Speaker, I first met Larry Inman most remarkable is how he always took time especially given the entrenched discrimination when I attended Northwestern Michigan Col- to be an active member of his local commu- black Americans faced. When African Ameri- lege from 1970–1972. Larry and I, along with nity. In fact, given his track record of success cans were victims of lynching; when hostile Tom Willson, were studying law enforcement, at Huntington National Bank and the amount government policies forced black Americans young ladies and the latest night spots. We of time he dedicated to his professional ca- into substandard, segregated schools; when became good friends in college and better reer, it is truly astounding the number of com- black voters were disenfranchised by poll friends in business and politics. I regret that I munity organizations that he has supported, taxes and other unfair barriers, the NAACP cannot personally attend his retirement party belonged to or helped to lead. Larry has in- stepped up to help end discrimination and do as my Congressional responsibilities are keep- volved himself in community fundraisers for what was right. the local Junior Achievement and the Grand ing me in Washington, D.C. Larry knows I am I feel privileged to represent a district with a Traverse Bay YMCA. He spent time as a Vol- with him in spirit, in friendship and in my heart, strong branch of the NAACP. The Sonoma unteer Probation Officer for Michigan’s 86th because you really do not have that many County NAACP was co-founded by my friends District Court. Maintaining his ties to his alma good friends like Larry Inman! Gilbert and Alice Gray and other local activ- mater, he served on Northwestern Michigan Madam Speaker, I ask that you and the en- ists. Alice was a dedicated volunteer and fear- College’s Curriculum Advisory Committee. tire U.S. House of Representatives join me in less leader. Almost 1 year ago, I rose to honor Mr. Inman also applied his knowledge and saluting Mr. Larry Inman for his years of dedi- Alice after her passing. Some of her accom- professional experience toward the growth and cation and in congratulating him on a well de- plishments bear mentioning again, for the development of the Grand Traverse County served retirement. scope and depth of her activism. In 1954, she

VerDate Aug 31 2005 01:32 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\RECORD07\E15FE7.REC E15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE E354 CONGRESSIONAL RECORD — Extensions of Remarks February 15, 2007 led protests against segregated local busi- served first as assistant to President John I applaud William Whitaker for his successes ness; she helped establish the National Asso- Morrison, then vice president of the college, and I wish him the best in his future endeav- ciation of Negro Busness and Professional and in June 1957, he was chosen by the ors. Women’s Club in Sonoma; and she helped at- Board of Trustees to be the successor of f risk kids in the community achieve their fullest President Morrison. At the age of39, Bob was potential by mentoring them. She also one of the youngest college presidents in the HONORING LA MARQUE HIGH launched the Gray Foundation with her hus- Nation. He would serve as president of Ander- SCHOOL band to help students pursue their educational son College from 1958 to 1983. goals and serve their community—‘‘to listen More than the diverse educational programs HON. NICK LAMPSON and learn from the traditions of self-help and and impressive facilities built under his watch, OF TEXAS self-reliance that once gave our people Bob will be remembered by generations of IN THE HOUSE OF REPRESENTATIVES strength.’’ She was an amazing woman who students and faculty as a gifted leader, min- Wednesday, February 14, 2007 honored us with her presence and the NAACP ister, citizen and friend. His imprint is every- with her service. where after decades of enormously effective Mr. LAMPSON. Madam Speaker, when we To appreciate more fully the immense im- leadership, deication to Christ-centered edu- think of football in Texas, and especially Gal- portance of the NAACP over the last century, cation, love for students and devotion to the veston County, we think of La Marque High a quick look at some of their political victories church. School. Following a 15–1 season, the La on a national scale is in order. The NAACP In his 1968 president’s charge to seniors, Marque Cougars met the Waco Lions at the was instrumental in the signing of President Bob wrote: ‘‘Never wallow in mediocrity. Try Alamodome in San Antonio, and claimed their Harry Truman’s Executive order banning dis- hard things—for this is where all the fun is. fifth state championship on December 22, crimination in 1948. The NAACP helped pass Try to stay green—for this is where the grow- 2006. the Equal Employment Opportunity Act; the ing is. Once you have heard the call—never The Coog’s victory was impressive, with La Civil Rights Acts of 1957, 1960, and 1964; the give up. You will drink the cup of joy and eat Marque scoring 20 points in the last quarter to Voting Rights Act of 1965 and last year’s re- the bread of sorrow. Do so with forbearance in break a tie and bring the championship back authorization. The NAACP led sit-ins to protest the knowledge that so to do is to be truly home to a proud and dedicated community. segregated lunch counters, which led to many human.’’ This exemplary and dedicated group of stores officially desegregating their counters. This was the type of man he was, a servant young men and their coaches, backed by the They also educated the public about the leg- of the community, whose character was a role entire school, continues a proud legacy of win- acies of slavery and the importance of coming model for generations. ning. Their hard work and dedication brings to terms with the past—for example, by pro- f pride in our entire community. I am honored to testing the racist film Birth of a Nation, or by represent the Cougars, and La Marque, where taking out ads in major U.S. newspapers to PAYING TRIBUTE TO WILLIAM football reigns. give readers the facts about lynching. Thanks DEAN WHITAKER It is a privilege to honor the La Marque High to the NAACP’s courage, we all live in a fairer School Cougars for recapturing the Class 4A and more just Nation today. We owe this HON. JON C. PORTER Division II State Football Championship, and I group a trmendous debt. OF NEVADA ask that we submit congratulations from the I am honored to be an original cosponsor of IN THE HOUSE OF REPRESENTATIVES 110th Congress into the record. this bill to honor the NAACP and I thank Con- Wednesday, February 14, 2007 f gressman AL GREEN for introducing it. It is im- Mr. PORTER. Madam Speaker, I rise today HONORING AND PRAISING THE portant for every American to realize the great NAACP ON THE OCCASION OF ITS impact this institution has had on our Nation. to honor William Dean Whitaker, a veteran of World War II, for his exemplary service in de- 98TH ANNIVERSARY f fense of freedom and award him with the Jubi- SPEECH OF TRIBUTE TO DR. ROBERT H. lee of Liberty Medal. REARDON, PRESIDENT, ANDER- On June 6, 1944, the United States and its HON. ALCEE L. HASTINGS SON UNIVERSITY allies embarked on the largest air, land, and OF FLORIDA sea invasion ever undertaken. This massive IN THE HOUSE OF REPRESENTATIVES effort included 5,000 ships, 10,000 airplanes, HON. MIKE PENCE Monday, February 12, 2007 OF INDIANA and over 150,000 American, British, Canadian, IN THE HOUSE OF REPRESENTATIVES Free French, and Polish Troops. During the Mr. HASTINGS of Florida. Mr. Speaker, I 50th anniversary of this historic event, the rise today as a proud co-sponsor of the reso- Wednesday, February 14, 2007 French Government awarded the Jubilee of lution honoring and praising the National As- Mr. PENCE. Madam Speaker, I rise today to Liberty Medal to American servicemen for their sociation for the Advancement of Colored honor a beloved son of Anderson, Indiana. participation in the Battle of Normandy. People on this occasion of its 98th anniver- Bob Reardon served for 25 years as president William served in the United States Army Air sary. I would like to thank my friend Rep. AL of Anderson College, which through decades Corps, 603rd Bomb Squadron, 398th Bomb GREEN of Texas for putting forth this timely of executive service and visionary leadership Group as a Bombardier and Navigator and resolution. he built from a relatively small Christian uni- served in Normandy, Northern France and the It is with great pleasure that I stand here versity with few resources into the Anderson Rhineland. On October 15, 1944, his B–17 today to honor 98 years of the oldest and larg- University we proudly know today. was shot down over Merseburg, Germany; est civil rights organization in the United Robert H. Reardon was born in Chicago on while parachuting to earth, he received hostile States. As a young man growing up in the civil April 27, 1919, but moved later that year with fire and was captured and held as a prisoner rights era, I witnessed firsthand the many his parents and brother to Anderson. Fol- of war for 7 months. For his heroism and struggles and efforts the NAACP encountered lowing graduation from Anderson High School, valor, William was awarded the European Afri- to fight the ugly face of racism and discrimina- class of 1936, he attended Anderson College, can Middle Eastern Campaign Service Medal, tion. where he felt the call to ministry and met his and the Air Medal with 2 Oak Leaf Clusters. Honoring the NAACP immediately brings to wife, Geraldine Hurst, whom he married on In 2004, during a POW/MIA ceremony held mind one of the most eloquent scholars of re- August 24, 1941. They have four children: Re- at Nellis Air Force Base, Nevada, William fi- cent history, my hero, W. E. B. Dubois. His in- becca, Constance, Kathleen, and Eugene. nally received the Purple Heart for his injuries volvement in the Niagara movement and After graduation from Anderson College in and sacrifices while a Prisoner of War during scholarly work in developing Crisis Magazine 1940, Bob went on to graduate from Oberlin World War II. built the foundation for what became the thriv- Graduate School of Theology with a Bachelor Madam Speaker, I am proud to honor Wil- ing NAACP we see today. One adage of Mr. of Divinity and a Master of Sacred Theology. liam Whitaker for his heroic service in the Dubois that still motivates me to this day is his He completed his graduate studies at Harvard United States Military. His dedication to this assertion, ‘‘There can be no perfect democ- and the University of Michigan before earning country in the theater of war is truly exem- racy curtailed by color, race, or poverty, but a Doctor of Ministry from Vanderbilt University. plary. I commend the sacrifices he has made with all, we accomplish all, even peace.’’ In 1947, Bob returned to Anderson, where to protect our freedoms and I am pleased to These words remind me of why I am here. Mr. he would spend most of the rest of his life. He have the opportunity to recognize his service. Dubois understood that if America were to be

VerDate Aug 31 2005 01:32 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\RECORD07\E15FE7.REC E15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE February 15, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E355 a true democracy, all men and women must HONORING CRAFTON HILLS COL- teaching ability of the administrators and be involved in the process. He fought for the LEGE FOR 35 YEARS OF COMMIT- teachers will undoubtedly continue to attract rights and equality of minorities in America MENT TO STUDENT ACHIEVE- firefighters throughout the Nation eager to re- and abroad. I rise today because I am moved MENT ceive top-notch instruction and training. by the purpose of this legislation, which per- The 35th anniversary of such a well-re- petuates this national struggle and the legacy HON. JERRY LEWIS garded college is certainly a cause for rec- of W. E. B. Dubois which became the NAACP. OF CALIFORNIA ognition. It is with great privilege that I represent such a respected academic institution, Mr. Speaker, although our country has over- IN THE HOUSE OF REPRESENTATIVES and I ask my colleagues to join with me in rec- come many obstacles since the early 1900’s— Wednesday, February 14, 2007 ognizing thirty-five years of achievements at it is important we recognize this historical or- Mr. LEWIS of California. Madam Speaker, it Crafton Hills College. ganization today because our Nation con- is with great honor that I rise today to recog- tinues to struggle against discrimination and nize the 35th anniversary of Crafton Hills Col- f hate crimes. We must never forget the mission lege, a true leader among community colleges of the NAACP, ‘‘to ensure the political, edu- and an exemplary model of dedication to stu- A FRIEND LOST cational, social, and economic equality of dent achievement. rights of all persons and to eliminate racial ha- Since opening its doors to students in 1972, HON. BARNEY FRANK tred and racial discrimination.’’ We must inter- Crafton Hills College has expanded the edu- nalize this mission and continuously work to- cation and increased the job skills of over OF MASSACHUSETTS gether to realize the goals and mission of this 100,000 people from all backgrounds and IN THE HOUSE OF REPRESENTATIVES organization. I urge my fellow colleagues to ages. Beginning as an idea in the minds of Wednesday, February 14, 2007 rise with me in support of this resolution. two Los Angeles philanthropists, the development of a community college on 500 acres of Mr. FRANK of Massachusetts. Madam. Speaker, in the February 14 edition of Roll f land soon became a reality. A special election in 1967 secured funding for construction of the Call, one of the most accomplished authorities on the workings of Congress pays a heartfelt PAYING TRIBUTE TO WILLIAM campus, and the first classes were taught only and well-deserved tribute to another authority SCHANTZ 5 years later. The accessibility of the education and top-notch professional programs at- on our workings—Nelson Polsby. Sadly, Nel- tracted students from all areas of southern son Polsby died recently. He was an extraor- HON. JON C. PORTER California. In only 35 years Crafton Hills Col- dinary intellect, who paid this institution the lege experienced unprecedented growth, from enormous compliment of taking it very seri- OF NEVADA an original population of 881 students and 21 ously and helping both the general public and those of us who serve here understand our IN THE HOUSE OF REPRESENTATIVES full-time faculty members in 1972, to the current number of students totaling over 5,200 workings. Norman Ornstein was a colleague of Wednesday, February 14, 2007 with 80 full-time teachers and administrators. Nelson Polsby in this important work, and in Crafton Hills College serves as a model for today’s edition of Roll Call, in a few short Mr. PORTER. Madam Speaker, I rise today other schools in handling expansion of a stu- paragraphs, he does a great deal to capture to honor William Schantz, a veteran of World dent population while remaining constant in the essence of Nelson Polsby and to help War II, for his exemplary service in defense of the quality of their programs. Crafton Hills has people understand why so many of us will freedom and award him with the Jubilee of continued to maintain a low cost of tuition and miss him. Madam Speaker, self knowledge is Liberty Medal. offer superior classroom instructors, while con- always important, and I ask that Mr. Ornstein’s currently forming their programs into some of words be inserted here, both in tribute to one On June 6, 1944 the United States and its of the great scholars of our time, and in the allies embarked on the largest air, land, and the most reliable in the California college system. Because they have access to a variety of hope that Members of Congress will, if they sea invasion ever undertaken. This massive occupational and degree programs, students have not already done so, discover the works effort included 5,000 ships, 10,000 airplanes, are able to become adequately prepared for of Nelson Polsby and learn from them. and over 150,000 American, British, Canadian, employment in the workforce, or transfer to a A FRIEND LOST Free French, and Polish Troops. During the 4-year university in any of 36 different majors. Three topics of discussion this week begin- 50th anniversary of this historic event, the The Fire Science Program and the Emer- ning with this: Congress lost a true friend French Government awarded the Jubilee of gency Medical Services-Paramedic Program and one of the all-time great scholars of its Liberty Medal to American servicemen for their are recognized as two of the most outstanding history and dynamics last week with the participation in the Battle of Normandy. college emergency services programs in the death of Nelson Polsby. William served in the United States Army Air state, and Crafton Hills is the primary location Polsby was a larger-than-life figure in for paramedic training in the San Bernardino every respect (The Times in London, in its Corps, 36th Fighter Group and served in Nor- wonderful obituary, described him as ‘‘a mandy, Northern France, Ardennes, the and Riverside counties. The programs are mountain of a man; he looked like an Amer- Rhineland and Central Europe Air Offensive supported by the involvement of local hos- ican footballer gone to seed.’’) His imposing Europe. William also served behind enemy pitals, fire departments, and emergency facili- physical presence was matched by an even lines with the Tactical Air Force, providing in- ties, and this inclusion of community agencies more imposing intellect. His tongue, and tegral support to troops on the ground, and has encouraged students to engage in hands- pen, could be withering, but legions of stu- supporting General Patton’s troops in theater. on learning while allowing them the rare op- dents and colleagues, me included, could not have a better friend and mentor. Polsby’s For his heroism and valor, he was awarded portunity to network with potential employers. By funneling their newly gained skills into scholarship spanned many areas, but Con- the European African Middle Eastern Cam- gress was his true love and the subject of his paign Service Medal, the Distinguished Unit health care professions, firefighting, and para- best work. Badge with one Oak Leaf Cluster, and the medic services in the southern California area, His article ‘‘The Institutionalization of the Good Conduct Medal. students demonstrate a dedication to enhanc- U.S. House of Representatives’’ is among the ing public health and safety for those around most cited scholarly pieces ever published in Madam Speaker, I am proud to honor Wil- them, and in many cases, forego the risk to the American Political Science Review. His liam Schantz for his heroic service in the their own lives. last book, ‘‘How Congress Evolves: Social United States Military. His dedication to this Crafton Hills College has been a key ele- Bases of Institutional Change,’’ is typically country in the theater of war is truly exem- ment in the success of the San Bernardino elegant and deep, a huge contribution to the plary. I commend the sacrifices he has made Regional Emergency Training Center. The scholarly literature but written so that a to protect our freedoms and I am pleased to nonprofessional reader can learn mightily center trains fire fighting personnel in proper from its insights. It is a must-read for every have the opportunity to recognize his service. tactics for fighting aircraft fires and adequate Member of Congress who wants to under- I applaud William Schantz for his successes rescue techniques, and Crafton Hills College stand his or her institution in a historical and I wish him the best in his future endeav- implements and oversees the center’s edu- and political context—which should be every ors. cational component. The enthusiasm and Member of Congress.

VerDate Aug 31 2005 01:32 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\RECORD07\E15FE7.REC E15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE E356 CONGRESSIONAL RECORD — Extensions of Remarks February 15, 2007 PAYING TRIBUTE TO AMBER him to say, ‘‘If you don’t get it right the first Gold Medal. This great recognition comes CORNELIUS DRABANT time, try, try again.’’ after the Tuskegee Airmen overcame discrimi- His fellow members at KWUA would tell you nation, prejudice and institutional segregation HON. JON C. PORTER that they pleaded with him to lead the associa- bring about the full integration of the Armed OF NEVADA tion because he is extremely smart, dedicated, Forces. IN THE HOUSE OF REPRESENTATIVES experienced, respected, and sincere. That’s During World War II Mr. Brown served in an impressive combination of personal quali- the U.S. Army Air Corps. As a fighter pilot, his Wednesday, February 14, 2007 ties, and they sum Steve Kandra up well. mission was to ensure the safety of American Mr. PORTER. Madam Speaker, I rise today The farmers and ranchers of the Klamath bombers as they came back to base from mis- to honor Mrs. Amber Cornelius Drabant for her Basin are no strangers to serious challenges. sions over Germany and Italy. Mr. Brown and long and distinguished service to the Clark When the federal government unjustly shut off the other members of the Tuskegee Airmen County School District. their water from the Klamath Project in 2001, performed this job with both bravery and great Amber was educated in the Clark County over 1,000 farming and ranching families’ live- success, as evidence by the fact that not a School District where she attended Twin lihoods, and the community that depends on single bomber was lost to enemy fire during Lakes Elementary School, R.O. Gibson Junior their well-being, faced disaster. The climb the Tuskegee Airmen’s service. This service High School and graduated from Western back for the agriculture community is by no was even more remarkable given that fact that High School. In 1976, Mrs. Drabant returned means complete and has demanded smart they continually faced the humiliation of seg- to Western High School to teach courses in and dedicated leadership. Steve Kandra pro- regation, even as they excelled beyond the Biology, Botany, Welding, and Environmental vided just that. Steve spent countless hours expectations of any unit. Horticulture. In 1993 Mrs. Drabant began attending meetings and hearings, leading After seeing an article about aviation at teaching Environmental Horticulture at the tours of the Klamath Basin, granting inter- Tuskegee, Alabama, Mr. Brown used his skill Area Technical Trade Center. During her ten- views, and delivering compelling presen- in math to pass the Army’s program tests. He ure at the Trade Center, Amber sought to pro- tations. His duties as president often took arrived in Alabama in December 1942, in time vide her students with the opportunities to par- precedence over family affairs and the de- to have the great honor of meeting Tuskegee ticipate in various internships where they gain mands of farming. Anyone who knows Steve University’s founder George Washington real-world experiences which prepare them for knows he is a hands-on guy who will not be Carver. Mr. Brown studied at Tuskegee for positions in the horticulture industry and post- deterred when the tough issues require signifi- nearly a year before he had the opportunity to secondary school education. cant personal involvement, a substantial serve overseas in Europe. Amber has received both state and local knowledge base, and a broad range of rela- Although Willor Brown and the rest of the recognition for her many years as a skilled ed- tionships. Tuskegee Airmen served our Nation bravely in ucator. In 1979, she was named as Nevada’s The ‘‘Just Say No’’ campaign clearly did not combat during World War II, they also helped Vocational Teacher of the Year and in 1993– resonate with Steve. He is also a past presi- to bring about the necessary integration of our 94 and 1995–96 Mrs. Drabant was honored as dent of Tulelake Rotary, Klamath County Farm Armed Forces. The Tuskegee Airmen wore the Kiwanis Teacher of the Year. Finally, as a Bureau, Oregon Hay & Forage Association, our Nation’s uniform without the honor given direct result of Amber’s efforts, Area Technical Klamath Basin Hay Growers, Klamath County to other service members. However, with tre- Trade Center and Moapa Valley High School Chamber of Commerce, and Klamath Irrigation mendous success, remarkable service and received a $37,000 grant to establish a hydro- District. Steve is a board member of Klamath amazing accomplishments, the Tuskegee Air- ponics program. Basin Ecosystem Foundation and Shaw His- men shattered the notions of inferiority and Madam Speaker, I am proud to honor Mrs. torical Library Board of Governors, and an opened up the opportunities the following gen- Amber Cornelius Drabant. Her many years of elder at Merrill First Presbyterian Church. Lest erations of minority service members have dedicated service to the Clark County School my colleagues think that is all Steve has man- had access to. The social injustice and set- District are to be commended and I wish her aged to occupy his time with, amazingly backs they faced at home could not stop the the best of luck in her retirement. there’s more. He has also been a board mem- Airmen from fulfilling their mission and their f ber of the Klamath County Economic Develop- service abroad changed the perceptions of ment Association, Upper Klamath Basin Work- their place at home. CONGRATULATIONS MR. STEVE ing Group, Klamath Irrigation District, and Or- The Congressional Gold Medal is a great KANDRA egon Water Resources Congress, just to honor; Mr. Brown along with the other mem- name a few volunteer activities. I suppose the bers of the Tuskegee Airmen have certainly HON. GREG WALDEN saying is true: If you need something done, earned this distinction. I honor Willor Brown OF OREGON ask a busy man. for his bravery in battle; his determination to IN THE HOUSE OF REPRESENTATIVES While Steve and his lovely wife, Nancy, will succeed even with great barriers before him; Wednesday, February 14, 2007 both remain very engaged in the struggle to and for the example he has set not just for Af- provide stability for agriculture in the Klamath rican American or minority members, but for Mr. WALDEN of Oregon. Madam Speaker, Basin, I suspect that Nancy will be popping a all of the men and women who serve in the today, the great State of Oregon turns 148 bottle of champagne tomorrow night in cele- U.S. Armed Forces. I join with a grateful Na- years old. Tomorrow will mark an occasion bration of Steve’s retirement as president of tion to thank Mr. Brown for his service to this nearly as momentous when a highly-respected KWUA. Together they have successfully navi- country. community leader in Oregon, Mr. Steve gated a long and winding road, and a celebra- f Kandra, steps down as the president of the tion of achievement is certainly in order. Klamath Water Users Association (KWUA). I Madam Speaker and my fellow House PAYING TRIBUTE TO JOSEPH would like to draw my colleagues’ attention to members, please join me in congratulating BONAVENTURE the numerous contributions Steve has made to Steve Kandra, an outstanding community his community and his industry, for without leader and family man who I am proud to call HON. JON C. PORTER them hundreds of farmers and ranchers in my friend. OF NEVADA southern Oregon and northern California f IN THE HOUSE OF REPRESENTATIVES would have found the past two years a much greater challenge. TRIBUTE TO MR. WILLOR BROWN Wednesday, February 14, 2007 As many of us know, most folks would prob- Mr. PORTER. Madam Speaker, I rise today ably be surprised at what life as president of HON. JOHN D. DINGELL to honor Judge Joseph Bonaventure, for his an organization is really like. Often, one is OF MICHIGAN years of dedicated public service to the Las drafted into the position by colleagues to pick IN THE HOUSE OF REPRESENTATIVES Vegas community. up heavy loads, to donate countless hours of Judge Bonaventure began his legal career time away from family and business, and to Wednesday, February 14, 2007 as an attorney in Las Vegas over three dec- forge common ground on difficult issues. Mr. DINGELL. Madam Speaker, I rise today ades ago. Joseph then felt that his calling was Being the president of KWUA is a particularly to pay tribute to Mr. Willor Brown of Ypsilanti, public service and began a 28-year tenure on tough job; Steve heeded the call of his fellow Michigan. This April, Mr. Brown along with the the bench. He is known as one of the most farmers and ranchers for two full terms. As other members of the renowned Tuskegee Air- colorful judges in the history of Southern Ne- Steve’s infectious sense of humor would lead men, will be honored with the Congressional vada and easily the most well known judge

VerDate Aug 31 2005 01:32 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\RECORD07\E15FE7.REC E15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE February 15, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E357 the District Court bench has seen. Joseph has ants I have ever known. Thank you, Karen, for ments of tenor saxophonist Roger ‘‘Buck’’ Hill, presided over many of the region’s most high- a job well done. an outstanding jazz musician from Wash- profile trials. From 1998 until 2001 he oversaw f ington, D.C., who celebrates his 80th birthday at least 10 high profile cases including the in- this week with a performance at the Smithso- famous case of Rick Tabish, Sandy Murphy, HONORING AND PRAISING THE nian Jazz Cafe on Friday, February 16, 2007. Margaret Rudin, Timmy ‘‘T.J.’’ Weber, and NAACP ON THE OCCASION OF ITS Buck Hill was the featured performer at the Jeremy Strohmeyer. He has also presided 98TH ANNIVERSARY very first Congressional Black Caucus Jazz over the murder trial of Tony Amati who was SPEECH OF Forum and Concert that I hosted back in once on the FBI’s 10 Most Wanted List. His 1985. He was a first-call artist for me back contributions to the jurisprudence and law and HON. STENY H. HOYER then, and he continues to be just that, here order have greatly enhanced the lives of OF MARYLAND and around the world. countless citizens of Southern Nevada. IN THE HOUSE OF REPRESENTATIVES Buck Hill recently released ‘‘Relax’’, his first Madam Speaker, I am proud to honor Judge Monday, February 12, 2007 recording as a band leader in nearly 15 years. Joseph Bonaventure. His long and distin- It marks the reemergence of one of America’s Mr. HOYER. Mr. Speaker, I rise today in guished career on the District Court is admi- greatest national treasures onto the inter- support of House Concurrent Resolution 44, rable and his expertise will be greatly missed. national jazz scene. ‘‘Honoring and praising the National Associa- I wish him the best in his retirement. As he approaches his 80th birthday Hill re- tion for the Advancement of Colored People mains a vital voice on his instrument, with a f on the occasion of its 98th anniversary.’’ robust personal sound that reaches back to Coretta Scott King once said that ‘‘struggle TRIBUTE TO KAREN HAAS the horn’s early masters like Lester Young, is a never-ending process and freedom is and onward into the glory days of bebop and never really won—you earn it and win it in beyond, recalling John Coltrane. HON. J. DENNIS HASTERT every generation.’’ And since 1909, genera- OF ILLINOIS A lifelong resident of Washington, D.C., Hill tions of Americans who have fought for racial first studied music with the same teacher who IN THE HOUSE OF REPRESENTATIVES equality and the expansion of liberty have had instructed a young Duke Ellington, and went Wednesday, February 14, 2007 a friend and advocate in the National Associa- on to become a member of the house band in Mr. HASTERT. Madam Speaker I would like tion for the Advancement of Colored People. While its name entails that the NAACP the city’s world famous Howard Theater. A fix- to mark Karen L. Haas’ last day as Clerk of ture on the Capital jazz scene for over sixty the House with a word of personal thanks. seeks to advance the fortunes of African Americans, I believe that its true mission is to years, Hill revealed his enormous talent to the When I asked Karen to be Clerk in the fall world beginning in the late seventies with a of 2005 she wasn’t sure she could do the job advance the goals of all Americans—for when we move closer to becoming a beacon of series of excellent records for Steeplechase or even wanted it. I never doubted her talents and Muse. Guest appearances on several of and her ability to do the job, nor did anyone hope and opportunity for all people, regardless of race or ethnicity, we all reap the benefits. fellow D.C. legend Shirley Horn’s albums who knew her. Luckily for us, she agreed to brought him widespread critical and popular my request, and the House wisely elected her When the light of social justice is shined in the dark corners where prejudice and bigotry notice in the 1990s before he once again re- to the position of Clerk of the U.S. House of turned to his hometown. Representatives. still exist, our nation becomes stronger. When people who had been mistreated and op- Hill’s most recent work proves that he’s still I knew Karen would bring intelligence and one of the best tenor men in jazz today. The integrity to the position, and she has. She pressed become empowered to take steps towards the American Dream, our nation be- group, featuring his regular bandmates John brought her perfectionist work ethics to the Ozment at the Hammond organ and Jerry job, working the long hours even after the comes stronger. And when we take actions that elevate the things that unite us above Jones on drums, plus Paul Pieper on guitar, House had adjourned and everyone else had offers up straight-ahead jazz on an eight song gone home. When there were difficulties to those that drive us apart, our nation becomes stronger. program split evenly between the leader’s own face, Karen did it with a level head, common original compositions and classic jazz material. sense, and the best interest of this institution And that is what the NAACP is all about— strengthening our nation by reminding us that The return of Buck Hill to the world of jazz as her guide. recording is indeed a momentous occasion Karen’s love for this institution would per- while we have come a long way in our struggle for freedom and equality, we are not yet and cause for celebration. Hill plays the tenor meate in everything she did in office and influ- with the authoritative voice of experience and enced those having the privilege to work be- perfect, and must always remain vigilant in pursuit of a world where all men and women his well-seasoned sound is a link to the saxo- side her. My only regret is that her tenure was phone’s glorious past and a lesson to those too short. are treated with the respect and dignity that all human beings possess. who wish to move the horn into the future. His Before she was named as Clerk of the work is a true testament not just to his lon- House, Karen ably served the Speaker’s staff I’m proud to be a member of the NAACP. I’m proud to be from the state that the NAACP gevity, but also to his continued growth as a as a floor assistant. She made sure the right master saxophonist, bandleader and com- people were in the Speaker’s chair each day has called home for so many years. And I’m grateful that the NAACP has provided such poser. and for every debate. She assisted me with f our committee assignments and always had a strong and talented partners in working for so- ready answer for any question. Karen was cial justice both in Maryland’s Fifth Congres- PAYING TRIBUTE TO ADAM also responsible for my appointments to sional District and throughout our nation as a SCHULTHEIS boards and commissions, and she helped re- whole. I’d like to congratulate the NAACP on 98 cruit some fine public servants to serve in years of promoting what is best about Amer- HON. JON C. PORTER those positions. ica—and I look forward to continuing to work OF NEVADA Before working in my office, she worked for together with NAACP members toward our IN THE HOUSE OF REPRESENTATIVES my friend and mentor from Illinois, Bob Michel. shared goals of equality and prosperity for all. She had good teachers there, and it was there Wednesday, February 14, 2007 I urge all Members to support this important that she developed the talents that would Mr. PORTER. Madam Speaker, I rise today bill. serve her and this House so well in the future. to honor my friend Mr. Adam Schultheis, an I also want to thank Karen’s family for shar- f exceptional music teacher at Boulder City ing her with us. The night that she was elect- 80TH BIRTHDAY TRIBUTE TO High School whose work has recently earned ed Clerk, her family sat in the Speaker’s gal- ROGER ‘‘BUCK’’ HILL him a student-nominated Outstanding Amer- lery as she was sworn in. You could see in ican Teacher Honor Roll. their faces how proud they were of their HON. JOHN CONYERS, JR. For more than 20 years Adam has served daughter, sister, wife and mother. Mark, her OF MICHIGAN the students of Boulder City with his dedica- husband, and her children, Amanda and Brett, tion and commitment to excellence in music IN THE HOUSE OF REPRESENTATIVES have sacrificed much in order that the House education. Adam earned his bachelor’s degree could benefit from Karen’s talents. I want to Wednesday, February 14, 2007 in music education and performance at the acknowledge them and thank them as well for Mr. CONYERS. Madam Speaker, I rise to University of Arizona Tucson while studying on sharing with us one of the finest public serv- call attention to the lifetime of artistic achieve- a full scholarship. He then went on to earn his

VerDate Aug 31 2005 01:32 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\RECORD07\E15FE7.REC E15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE E358 CONGRESSIONAL RECORD — Extensions of Remarks February 15, 2007 master’s degree in elementary education from He just showed up every day ready to tack- Jackie was the light of his life. She was his Nova University in Florida. le every challenge that stood in the way of love, his energy, his will to live as they Adam began his teaching career in Boulder making life better for the poor, the needy, raised four magnificent children you will City at Elton Garrett Elementary School before the worker, the children, the aged and any- hear from tomorrow morning. one else who might need his help in our soci- And then you will know for yourselves why moving to Boulder City High School where he ety. he always answered the question: ‘‘What was currently teaches. Adam is recognized by stu- Leo was one of those rare public officials your most important work—with a resound- dents and parents alike for his patience, kind- who got better in every way . . . the closer ing, ‘My family!’’’ ness, and knowledge. His efforts have earned you got to him. The things he did to try and make his con- him many awards including the prestigious There were no feet of clay here. tribution as a father and a husband are leg- Disney American Teacher Award and the Vet- One of my early remembrances of him is on endary to all of us. our first trip to Sacramento together in De- You have heard and read the thousands of erans of Foreign Wars’ National Citizenship cember of 1968. Education Teachers Award. roundtrips to and from Sacramento by car, Leo had just been elected to the assembly greyhound bus, and even airplane. Madam Speaker, I am proud to honor my and it was my first week on the job as his It was all very real because the kids were friend Mr. Adam Schultheis and his many new assistant. On that day he wanted us to going to see their father every night no mat- achievements. His dedication to the commu- drive together to checkout the new office ter what. He always said that Jackie did all nity and to music education is remarkable. I and meet with the Assembly leader Jess the work, but he had to be there for what- wish Mr. Schultheis continued success in his Unruh to discuss his committee assignments. ever he could do at night. I remember that it was raining hard that One of my favorite stories starts one morn- future endeavors. day, pouring, and in what was to become our ing when I could not drive him and he drove f routine for the next 10 years—I was driving himself down to the greyhound station to and he was teaching, as we talked about the CONGRATULATIONS KENDALL catch the 7 a.m. bus to Sacramento. issues of the day and what we might do He was late and very much focused on the CIESEMIER about them in the year to come. busy day to come in the Legislature. So he Just as we passed Dixon on Highway 80, the sped into the parking lot, jumped out of the rear tire went flat and I had to pull over. As HON. PETER J. ROSKAM car, tossed the keys and 20 bucks to the man OF ILLINOIS I came to a stop, Leo said suddenly, ‘‘Wait here, opened the car door in the pouring rain standing by the pay booth while running to IN THE HOUSE OF REPRESENTATIVES and ran through a hayfield the length of a catch the bus. That night I got a call from a perplexed Wednesday, February 14, 2007 football stadium to a service station to get Leo asking where his car was because the lot Mr. ROSKAM. Madam Speaker, I rise today help with the flat tire. I stayed in the car warm and dry. was empty and the attendant was gone. For to congratulate Kendall Ciesemier of Wheaton He was still soaking wet through his suit three days he did not believe me when I tried for her outstanding volunteer efforts and serv- when we got to Sacramento. Undaunted, he to tell him that there was no attendant at ice to others. kept his appointment with Unruh as though that lot because it was self pay. At just 14 years old, Kendall is the founder nothing had happened. We didn’t talk about it again for a while of Kids Caring 4 Kids, a nonprofit organization And that’s the way it was, every time. because on the fourth day he learned the car dedicated to raising awareness of the AIDS He never asked his staff, and there were had been found intact by the SFPD with an epidemic currently devastating Africa. Through hundreds of us by the end of his political ca- empty gas tank. And the rumor was that reer, to do anything he wouldn’t do. He cared some homeless guy was going around town community outreach and fundraising, Kendall about all of us, our careers—our families, our telling about the nice guy who tossed the has made an incredible difference in the lives well being. keys to him with 20 bucks and ran off. of AIDS orphans in a village in Zambia. Every one of his former staff will tell you The longest trip home for Leo was one he In spite of her recent personal struggle with similar stories about when he would apolo- took this past January. two liver transplants, Kendall has tirelessly di- gize for taking them away from their family He had been in the hospital for 6 consecu- rected her remarkable talent and energy to when they had to work late on legislative tive months—something neither he, his fam- serving others. To date, she has raised over testimony for the next day, or how he would ily, or any of us could have imagined when show up at the Operating Engineers at 2 in $50,000 and just this week was recognized as we watched him being wheeled into UC hos- the morning with food and encouragement as pital on June 1st of last year—not to men- one of the nation’s top youth volunteers by the we printed brochures to help elect another tion the countless number of difficult tests Prudential Spirit of Community Awards pro- candidate who would vote for him to be in all kinds of machines, hundreds of needle gram. Speaker in 1974. sticks, a combined month and a half in the I commend Kendall for her strength of char- And what a Speakership that was! intensive care unit, dialysis every other day, acter and selfless community service. The best description I ever heard was from cups of awful tasting medicinal concoctions, Kendall, your family, your school, and your the former Republican Speaker of the As- and bravely fight harder than ever before as sembly, Bob Monagan from Tracy, Cali- he became weaker and weaker. community are extremely proud of what you’ve fornia. accomplished. I wish you all the best in the fu- But as his body failed, his mind and spirit Bob had left the legislature some years be- did not. ture. Keep up the good work! fore and was the President of the California There were several times when he was f Manufacturers Association when he said Leo asked, ‘‘Do you want to go on?’’ McCarthy’s Speakership would be remem- A TRIBUTE TO THE HONORABLE And every time—every time—his answer bered in the history of the California Legis- was the same. ‘‘Yes! I have things to do.’’ LEO T. MCCARTHY lature as the ‘‘Days of Lancelot.’’ He was planning family vacations next You see, Leo was a leader who inspired year with Jackie. He was advising Kevin other politicians—not with his power or tac- about jobs after Law School. He was listen- HON. ANNA G. ESHOO tics, but with his integrity, his adherence to ing carefully to Courtney’s added respon- OF CALIFORNIA good principle, and his deep commitment to sibilities at work, talking to Niall about a IN THE HOUSE OF REPRESENTATIVES the common good. big case, he was thinking about Adam’s new Wednesday, February 14, 2007 In all his years, there were no scandals, no innuendos, no shameful disgrace, and the environmental business deals—he absorbed Ms. ESHOO. Madam Speaker, the following legislature followed his example in doing the all of Conna’s scholastic and athletic news are the remarks of remembrance given by the best work it ever did for the people of Cali- about her children—he listened intently as Honorable Art Agnos, former Mayor of San fornia. Sharon discussed the latest events at St. Francisco and long time member of the Cali- That’s not me talking. It is every editorial Stephens—he studied writeups about outstanding college football players and dis- fornia Legislature on the occasion of the vigil written in every major newspaper since last Tuesday. cussed them with Dale so he could make the and rosary of his former boss, mentor, and Over the last 7 months, I saw a lot of him best choices for his famous annual top 10 brother-friend, the Honorable Leo T. McCar- in the hospital, as did many of you. NFL Draft choices list he published to fam- thy, who passed away on February 5, 2007. We talked about his career, successes and ily and selected friends, and occasionally to I never thought this day would come for failures. We soon ran out of failures, but the Bill Walsh at the 49ers. me. successes went on for ever. But I had to bring He did all this from a hospital bed he was Over the 40 years I worked for Leo McCar- them up—Coastal preservation, Nursing too weak to get out of, all the while moni- thy, I came to think of him as indestructible Home reform, Farm Worker legislation, Sub- toring and mentoring by phone and in per- . . . as he became my boss . . . my mentor division Reform, Mental Health, Child nutri- son, one more politician—the future Speaker . . . my role model . . . and simply my best tion, Human rights, Legislative Trans- of the House of Representatives. friend. parency and on and on. He loved the phone calls and visits from For me, Leo was never sick . . . never tired But most of all, most of all, as great and Nancy and her right arm and another former . . . never discouraged . . . and never gave up prodigious the volume of his work, Leo was McCarthy staffer, Representative Anna . . . no matter what confronted him. proudest of his family. Eshoo. Every week they were in town—they

VerDate Aug 31 2005 01:32 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\RECORD07\E15FE7.REC E15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE February 15, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E359 were at the hospital checking up and giving distinction and the efficiency that is a model to PERSONAL EXPLANATION Leo updates and details on the key races—in- all law enforcement in our nation. He was car- formation the Republicans would have paid ing, but firm in all of his dealings. dearly for. HON. JIM McDERMOTT And when he was too sick to talk, Nancy He also served his country as a United OF WASHINGTON and Anna would call me for a report. States Marshal for 23 years, as Marshal for IN THE HOUSE OF REPRESENTATIVES Nancy got the short report because she was the Eastern District of the state of Tennessee Wednesday, February 14, 2007 in an airport somewhere—and Anna got the and as Deputy United States Marshal. long report because she had time to sort out Mr. McDERMOTT. Madam Speaker, due to Bruce Montgomery displayed excellence as a death in my family I needed to depart Wash- the information in between our tears. a law enforcement officer, as a compassionate On election night last November, Leo was ington, DC, last week and missed several in intensive care again and unable to take leader in his church, and most of all a caring votes on February 8, 2007. Nancy’s call to tell him of the democrats’ husband, father, grandfather and a friend. He Had I been here, I would have voted ‘‘aye’’ victory. was known for treating encounters with presi- on: rollcall vote 87, the Hastings of Florida Several days later he was back in his room dents and paupers with the same genuine amendment; rollcall vote 88, the Rogers (MI) and we were watching a live CNN report smile and indisputable compassion. amendment; rollcall vote 89, the Weller showing Nancy and President Bush on the Madam Speaker, I ask that the House join amendment; rollcall vote 90, the Cantor Speaker Elect’s historic first visit to the me this evening in offering our sympathes to amendment; and rollcall vote 92, final passage Oval Office. As the news report ended, shortly there- the family and friends of Bruce Montgomery. of H.R. 547. after, the phone in the room rang, and it was He was a dedicated family man, a foundation I would have voted ‘‘no’’ on rollcall vote 91, Nancy herself calling to check up on him and in his church, and a superior law enforcement the Motion to Recommit. give him a report on her meeting with officer. f George Bush. His service is greatly appreciated, and he TRIBUTE TO THIRLEE SMITH, JR. I think he was prouder of Nancy’s Speaker- will be deeply missed. ship victory more than his own. Yes, Leo never gave up. HON. KENDRICK B. MEEK f He said once to Mary Leslie, another ter- OF FLORIDA rific staffer during the Senate Campaigns IN THE HOUSE OF REPRESENTATIVES that ‘‘Defeat will show you another way to 5TH ANNIVERSARY OF THE INDIAN make a difference.’’ AMERICAN CULTURAL CENTER Wednesday, February 14, 2007 That was Leo McCarthy. OF NWIHRC Mr. MEEK of Florida. Madam Speaker, So when he left elective office, he com- today I rise in sadness over the demise of the mitted himself to his successful business in- HON. PETER J. VISCLOSKY late Thirlee Smith, Jr. the first Black reporter terests to secure his family’s future because at The Miami Herald. His role in the education his political interests sure never did. OF INDIANA of the children of Miami-Dade County is fore- And succeed he did—fulfilling a goal to IN THE HOUSE OF REPRESENTATIVES fund a family foundation for poor children as most in his achievements, having focused his well as begin the Leo T. McCarthy Institute Wednesday, February 14, 2007 attention on African-American history that it for Public Service and the Common Good. became an important part of the school sys- Today—on the campus of this great Uni- Mr. VISCLOSKY. Madam Speaker, it is my tem’s curriculum. I join my fellow citizens in versity, thanks to the support and encour- distinct pleasure to announce that the Indian mourning the passing of this great leader, agement of Father President Steve Privett, American Cultural Center of NWIHRC will be whose ‘‘going home’’ services will be cele- the leadership of Board President Joe celebrating its 5th anniversary by hosting a brated this Thursday, February 15, 2007 at Mi- Cotchett, and the day to day guidance of Dr. gala dinner and banquet on Saturday, Feb- ami’s St. Agnes Episcopal Church. Patrick Murphy, the ideals, values, integ- ruary 24, 2007, at the Halls of Saint George Mr. Smith was the quintessential community rity, and lessons of Leo’s life are blended in Schererville, Indiana. leader. Not only did he write about the strug- with academics and real time internships in a spectacular opportunity for students. The Indian American Cultural Center, which gles and challenges impacting Blacks in In the years to come—more of the people opened on March 9, 2002, was established Southern Florida, but he also symbolized tre- who shared Leo’s commitment and vision with the following goal in mind: to foster peace mendous hope for the youth to whom he be- will have a chance to share their remem- and harmony amongst the people of North- queathed his unique brand of adventure that brances and lessons with USF students, and west Indiana by showcasing their cultural her- shed light on the mastery of basic skills and in so doing perpetuate the meaning of a life itage and creating spiritual awareness in both scholastic achievement. He has had to make so well lived. youth and adults, as well as to engage in var- sense of the malicious intent of segregation in It was a blessing for me to have been so his writing at The Miami Herald, but the les- close to Leo McCarthy and his family. ious charitable events, both nationally and lo- cally. Since its inception, the Indian American sons he learned from his parents, Thirlee f Cultural Center has been instrumental in edu- Smith, Sr. and Beulah, epitomized his IN MEMORY OF BRUCE MONT- cating Northwest Indiana’s citizens on the tra- unshakable faith in the majesty of a loving GOMERY, SHERIFF SEVIER ditions and customs of the Indian heritage. God. Having attended Liberty City Elementary COUNTY The members of the Indian American Cul- School, he would soon represent the first tural Center of NWIHRC are to be com- graduating class of Miami Northwestern Senior mended, not only for their commitment to pre- HON. DAVID DAVIS High School in 1956. He went on to earn a serving tradition, but also for their commitment OF TENNESSEE bachelor’s degree in history and Master’s de- to making improvements that benefit all man- IN THE HOUSE OF REPRESENTATIVES gree in Education at Fisk University in Nash- kind. Proceeds from this year’s gala, which ville, Tennessee. He applied for a writer’s job Wednesday, February 14, 2007 throughout the years has demonstrated the at The Miami Herald, but was Mr. DAVID DAVIS of Tennessee. Madam immense generosity of its attendees and orga- unceremoniously told that the community was Speaker, I rise today to honor the memory nizers, will go to support the needs of Habitat ‘‘not ready’’ for a Black reporter. Despite this and life of Bruce Montgomery, a resident of for Humanity. In the past, proceeds from the rebuff, he was featured in 1960 in Who’s Who the First Congressional District of Tennessee, gala have gone to such noble causes as can- in American Colleges and Universities. who passed away February 9, 2007 after an cer research, educational scholarships, and He paved his way for a teaching career in extended battle with illness. tsunami relief, as well to victims of Hurricane the District of Columbia’s public school system Sheriff Bruce Montgomery lived a life of Katrina and the earthquake in Kashmir, India. in 1961. In 1967 he returned home to teach in service in law enforcement and his local Madam Speaker, I ask that you and my the Miami-Dade County Schools, and was si- church. He was a member and Chairman of other distinguished colleagues join me in com- multaneously chosen as the first Black writer the Deacons at First Baptist Church in Gatlin- mending the board and members of the Indian for the Miami Herald. After a post-graduate 4- burg, Tennessee. Bruce was very active in his American Cultural Center of NWIHRC for their year stint at the Smithsonian Institution in church. He was interested building the church outstanding contributions to society. Their Washington, D.C., he was promoted in 1997 and taking care of people in need. commitment to improving the quality of life for as District Coordinator for African American Sheriff Montgomery took office in Sevier the people of Northwest Indiana and through- History. County in 1994 and continued to serve in this out the world is truly inspirational and should When I reminisce about the role that this capacity until his passing. Bruce served with be recognized and commended. great writer and educator played in fashioning

VerDate Aug 31 2005 01:32 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\RECORD07\E15FE7.REC E15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE E360 CONGRESSIONAL RECORD — Extensions of Remarks February 15, 2007 the future of our community, it is clear that it Cuban Americans (47 per 100,000). Clearly Ra has a quiet self-assurance, a serious- parallels much of our state’s history as it this is a pervasive problem not only in Puerto ness of purpose that inspires all those he su- struggled through the agonies of racial equal- Rico, but among minority communities across pervises and works with. He has unfailing ity and educational opportunity under the the nation. Congress can help by moving this good judgment and an ability to understand aegis of simple justice for all Americans. All critical legislation towards passage. and communicate complex issues. This makes throughout the segregation era, this young vi- Among minorities, two of the major obsta- him very effective in working with community sionary gave us hope and courage through his cles to adequate health care are lack of good leaders, individual constituents, the business writings, engaging our parents and their chil- information and language barriers. Many mi- community and not-for-profit organizations in dren to keep faith toward helping them norities, in particular new immigrants, do not the 9th District. achieve basic skills mastery and academic ex- understand the process of how the Federal As Grants Coordinator, Ra has been a lead- cellence. health care system works, and have a hard ing force in bringing tens of millions of dollars Blessed with a lucid common sense and time understanding new programs that are dis- to the 9th District—federal dollars for infra- quick grasp of the simmering issues at hand, seminated through traditional means of structure improvements, law enforcement, and Mr. Smith, Jr. was also imbued with the rare English-language ad campaigns or pamphlets social services, as well as private foundation wisdom of recognizing both the strength and they find at the clinic or doctors’ office. Many support for dozens of organizations. He has the promise of a good education. The acumen don’t have access to even general informa- shepherded these funding requests and appli- of his intelligence and the timeliness of his vi- tion—if they can’t afford decent health care, cations through public and private bureauc- sion were felt at a time when our community how will they afford a laptop with Internet ac- racies and then monitored the management of needed someone to put in perspectives the cess, or even know where to access reliable the funds. He has held workshops to help agony of disenfranchised Blacks and other mi- information? And, in very rural areas, many non-profit organizations garner and manage norities yearning to belong. debate the use of traditional versus conven- the resources they need to flourish, including Indeed, he exemplified a clam but reasoned tional medicine, which presents a whole other one aimed exclusively at art organizations. leadership whose courage and wisdom ap- set of challenges to health care education, dis- Ra is an artist. His charcoal drawings dem- pealed to our noblest character as a nation. ease treatment and prevention, and informa- onstrate his technical skill, his passions and this is the magnificent legacy by which we will tion dissemination. As you can see, in Puerto his politics. He comes from an artistic family— honor his memory. Rico, an approach to health care that is lin- his father, Albert Joy, is a painter, and his sis- f guistically and culturally sensitive is absolutely ter Ebony Joy is a playwright. His beautiful critical to any patient’s well-being. One of the home, shared with his wife Falona and sons, SUPPORT FOR THE MINORITY many positive aspects of this bill is that it re- reflects his artistic sense. DIABETES INITIATIVE ACT quires health care providers to make available Ra’s connection to the arts community has culturally and linguistically appropriate services had special significance for the 9th District, HON. LUIS G. FORTUN˜O and conduct outreach activities to let eligible which, before my tenure, was represented for OF PUERTO RICO individuals know that services are available. nearly a half century by Sidney Yates. Con- IN THE HOUSE OF REPRESENTATIVES This will enable providers to access and assist gressman Yates was revered as a patron of Wednesday, February 14, 2007 diabetics who are not being reached, and who the arts and protector of the National Endow- need help. ment for the Arts and the National Endowment ˜ Mr. FORTUNO. Madam Speaker, I rise This bill is a sensible and culturally appro- for the Humanities. My constituents have ap- today in strong support of H.R. 1031, the Mi- priate solution to effectively treat minorities preciated my continued focus on the arts, led nority Diabetes Initiative Act. Sponsored by my with the disease. I urge my colleagues to co- by Ra Joy. esteemed colleague, Representative Maxine sponsor this legislation, and advise Congres- Ra has served as the Chairman of the an- Waters, this important legislation will establish sional Leadership to move this bill towards nual Ethnic Arts Festival on Evanston’s lake- initiatives to provide grants to physicians, com- swift passage, so we can help make better front, a major event attracting visual and musi- munity-based organizations and other health health care choices and treatment more ac- cal artists and craftspeople. He organized the care providers for diabetes care and treatment cessible to minorities living with diabetes. Artistic Discovery competition each year, in program in minority communities. It is of ut- f which one high school student per Congres- most importance that Congress take decisive TRIBUTE TO RA JOY sional District is selected to have his or her action on this common-sense legislation that work displayed for a year in the Capitol, mak- will benefit those struggling with diabetes. ing it a significant juried art show. Dozens of It is no secret that many serious health HON. JANICE D. SCHAKOWSKY students participate in an event at which all of OF ILLINOIS problems plague our nation’s minority commu- their work is displayed, and all are honored. IN THE HOUSE OF REPRESENTATIVES nities. Faced with tough economic obstacles, I and the rest of my staff will miss his advo- issues of access to health care, health edu- Wednesday, February 14, 2007 cacy for the arts as part of our staff, but we cation, and affordability of health care all con- Ms. SCHAKOWSKY. Madam Speaker, rejoice that he is taking his passion to a higher tribute to a rising trend of heart disease, can- March 5, 2007 will be both a happy and a sad level. We trust that he will now be in a position cer, obesity, and diabetes among minorities. day for me. On that Monday, Ra Joy, who has to offer his assistance as we continue to ad- Diabetes is a leading cause of kidney failure, served as Suburban Director and Grants Co- dress the need to support the arts in our com- new blindness in adults, and leg and foot am- ordinator in my district office for 6 of the 8 munity. putations. Diabetes is a major cause of heart years I have served in Congress, will be leav- I congratulate the Illinois Arts Alliance for its disease and stroke, which are responsible for ing. wise decision to choose Ra Joy as its new Di- about 65% of deaths among diabetics. Ra will become Executive Director of the Illi- rector. I wish him great fulfillment and suc- Unfortunately, diabetes is a disease that is nois Arts Alliance, the largest and most pres- cess. rampant in my district, the island of Puerto tigious arts advocacy organization in the state. f Rico, and the statistics plainly prove that this He will follow the widely and highly respected is a serious problem. Official statistics put forth Alene Valkanas who built the Arts Alliance THE INTRODUCTION OF THE DIS- by the Puerto Rico Diabetes Association say over the past two decades, leading the effort TRICT OF COLUMBIA LEGISLA- that approximately 560,000 persons, including that quadrupled the state’s funding for the TIVE AUTONOMY ACT OF 2006 75,000 children, are diabetic. Fifteen percent arts. Hers are very big shoes to fill, yet I have of the Island’s population lives with diabetes. great confidence in Ra’s ability to move the or- HON. ELEANOR HOLMES NORTON Compared to all of Latin America and the Car- ganization forward to meet the challenges of OF THE DISTRICT OF COLUMBIA ibbean, Puerto Rico has the most cases of di- the new century. IN THE HOUSE OF REPRESENTATIVES abetes among women ages 20 to 79, and Ra came to work for me as a very young amongst these women, diabetes is the third man but with the promise of being a great Wednesday, February 14, 2007 leading cause of death on the Island. Accord- leader. He had worked with youth at the Ms. NORTON. Madam Speaker, today, I am ing to CDC data published in 2000, the na- Evanston YMCA, where he served as a role introducing the District of Columbia Legislative tional diabetes death rate for Hispanics/ model and mentor for many African-American Autonomy Act of 2007, to end discriminatory Latinos was highest among Puerto Ricans boys in our community. When he left the Y, he and unnecessary congressional review of Dis- (172 per 100,000), followed by the rates for didn’t leave the boys who continue to rely on trict of Columbia legislation. Basic to the Mexican Americans (122 per 100,000), and his support and counsel. meaning of self government in the United

VerDate Aug 31 2005 01:32 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\RECORD07\E15FE7.REC E15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE February 15, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E361 States is the right to enact a local budget and Congress continually urges the District gov- legany College. By serving on the Bedford civil and criminal laws free from Federal inter- ernment to pursue efficiency and savings. It is County Regional Education Foundation he ference. I have already introduced this bill’s time for Congress to do its part to promote was able to help make significant accomplish- fraternal twin, the District of Columbia Budget greater efficiency both here and in the District ments. When the Bedford County Campus Autonomy Act of 2007, cosponsored by Over- by streamlining its own redundant and dis- was founded in 1990, Bedford County ranked sight and Government Reform Ranking Mem- carded review processes. Eliminating the hold 64th out of 67 Pennsylvania counties in the ber TOM DAVIS. on D.C. legislation would not only save scarce percentage of high school graduates pursuing Because the period of congressional review D.C. taxpayer revenue, but would benefit the post-secondary education. Today, Bedford involves only legislative days, when Congress city’s bond rating, which is effected by the County is ranked 34th. The presence of a is in session, not ordinary calendar days, D.C. shadow of congressional review that delays local campus has encouraged many area stu- laws typically do not become law for months, the certainty of finality to District legislation. At dents to begin or continue their educational not days. A required hold on all D.C. bills the same time, Congress would give up none journeys close to home. Since 1990, more forces the D.C. City Council to pass most leg- of its plenary power because the Congress than 6,500 people have taken classes through islation using a cumbersome and complicated may intervene into any District matter at any the Bedford County Campus. The Foundation process in which bills are passed concurrently time under the constitutional provisions. has worked to provide more than $190,000 to on an emergency, temporary, and permanent The limited legislative autonomy granted in more than 700 of those students over the past basis to ensure that the operations of the this bill would allow the District to realize the 11 years. It is fitting that the Foundation has large and rapidly changing city continue unin- greater measure of meaningful self-govern- now established the Dick M. Rice Memorial terrupted, and because of the complications ment and Home Rule it deserves and has and time frames involved, some bills do not Scholarship Endowment, to benefit Bedford more than earned in the 32 years since the County residents who attend Allegany College. become law at all. The Legislative Autonomy Home Rule Act became effective. This goal Act would eliminate the need for the City To cite each accomplishment and individual can be achieved without prejudice to congres- Council to engage in this Byzantine process contribution that Dick has been a part of would sional authority. I urge my colleagues to pass that often requires a two-thirds super majority take a very long time. His involvement in the even for ordinary legislation. this important measure. educational community over the years has The legislative autonomy bill would eliminate f been immense and has touched numerous the congressional review period for civil and CONGRATULATING GEORGE URIBE lives. We are all very grateful for his effort to- criminal District acts of 30 days and 60 days AND MARGARET BINFORD ward positive enrichment of Bedford County, respectively. I have repeatedly introduced to- and I offer my sincerest sympathies for the day’s legislative autonomy bill because it has HON. GARY L. ACKERMAN loss of such a great citizen. long been obsolete, demeaning, and cum- OF NEW YORK bersome, but also because Congress no IN THE HOUSE OF REPRESENTATIVES f longer uses the statute. Congress has eliminated the review or layover period as a way Wednesday, February 14, 2007 TRAGEDY IN KHOJALY, to review Council legislation, yet the Council Mr. ACKERMAN. Madam Speaker, I want to AZERBAIJAN continues to be bound by Section 602 of the congratulate George Uribe and Margaret Home Rule Act, absurdly continuing to abide Binford who were engaged to be married last HON. BILL SHUSTER by its awkward and debilitating rules because night at St. Patrick’s Cathedral in New York. the law requires it. Our bill would do no more The special moment occurred in Lady Chap- OF PENNSYLVANIA than align D.C. City Council practices. el at 7 p.m. surrounded by Margaret’s parents, IN THE HOUSE OF REPRESENTATIVES Although control of the Congress changed Douglas and Randall Binford who flew in from Thursday, February 15, 2007 in 1994 for the first time in 40 years, no reso- San Antonio, Texas for the occasion. lution of disapproval has been heard in com- The couple walked in the chapel, recited the Mr. SHUSTER. Madam Speaker, one of our mittee or used on the floor of either house. In- Lord’s prayer with the song ‘‘On Eagles greatest strengths as elected officials is the stead of the cumbersome formal filing of bills Wings’’ playing in the background as George opportunity to bring to light truths that are little that requires processing in the House and the dropped to his knees and asked Margaret to known and command recognition. Senate, the Congress has preferred to use ap- marry him. Today, as the Co-chairman of the House propriations or attachments. The District George is an Executive Vice-President and Azerbaijan Caucus, I would like to bring to the strongly opposes all methods of overturning its General Manager for a chain of radio stations attention of this body the tragedy that took legitimate local legislation, but it is particularly and former U.S. Army Reserve soldier with the place in Khojaly, Azerbaijan, a town and unfair to require the City Council to engage in 77th Regional Readiness Command based at townspeople that were destroyed on February the tortuous process prescribed by the Home Fort Totten and Margaret is an interior de- 26, 1992. Fifteen years later, there is little at- Rule Act that Congress itself has discarded. signer and member of the Junior League. tention or interest paid to the plight of Khojaly My bill would eliminate the formal review sys- Madam Speaker, I, along with the whole outside of Azerbaijan. tem that has died of old age and disuse. Con- House, congratulate George and Margaret on Sadly, Khojaly, a town in the Nagorno- gress has walked away from layover review their engagement and wish them happiness Karabakh region of Azerbaijan, now under the and should allow the city to do the same. and love all the days of their lives. control of Armenian forces, was the site of the Today’s bill, of course, does not prevent re- f view of District laws by Congress. Under Arti- largest killing of ethnic Azerbaijani civilians. cle I, Section 8 of the Constitution, the House A TRIBUTE TO DICK RICE According to Human Rights Watch and and the Senate could scrutinize every piece of other international observers, the massacre legislation passed by the City Council, if de- HON. BILL SHUSTER was committed by the ethnic Armenian armed sired, and could change or strike legislation OF PENNSYLVANIA forces, reportedly with the help of the Russian under the plenary constitutional authority over IN THE HOUSE OF REPRESENTATIVES 366th Motor Rifle Regiment. This crime led to the District. However, since the Home Rule Wednesday, February 14, 2007 the death of 613 civilians; including 106 Act became effective in 1974, of more than Mr. SHUSTER. Madam Speaker, I rise women, 63 children and 70 elderly men; 1,275 2000 legislative acts that have been passed today to honor the memory of Mr. Dick Rice persons were taken hostage, and the fate of by the Council and signed into law by the of Bedford, Pennsylvania. Mr. Rice was a more than 150 remains unknown. Mayor, only three resolutions to disapproval of longtime Commissioner of Bedford County be- As part of the population tried to escape the a D.C. bill have been enacted, and two of fore his passing last spring. He was known for town of Khojaly, they encountered violent am- these involved a distinct federal interest. Fed- his boundless energy, his optimistic attitude, a bushes and were murdered. According to the eral law to correct for a federal interest, of wonderful singing voice and the many issues Russian organization, Memorial, 200 Azer- course, would be appropriate for any jurisdic- he championed as a leader of his community. baijani corpses were brought from Khojaly to tion, but placing a hold on 2000 bills has not One of those issues dear to Mr. Rice was Agdam within four days, and it was discovered only proved unnecessary, but has meant un- education. He believed strongly in the impor- that they were subjected to abuses, torture told costs in money, staff, and wasted time to tance of providing local, high quality post-sec- and mutilation. Human Rights Watch stated the District and the Congress. Although 32 ondary education at an affordable cost. But he that ‘‘we place direct responsibility for the civil- years of Home Rule Act history shows that also showed his commitment by making a real ian deaths with Karabakh Armenian forces.’’ congressional review is unnecessary, this bill difference in the lives of students. He found At the time, Newsweek Magazine reported: merely eliminates the automatic hold placed joy in presenting students with scholarships, ‘‘Azerbaijan was a charnel house again last on local legislation and the need for the City tuition assistance awards, and emergency week: a place of mourning refugees and doz- Council to use a phantom process passed for book funding. ens of mangled corpses dragged to a make- the convenience of Congress that Congress Mr. Rice played a critical role in the devel- shift morgue behind the mosque. They were has eliminated in all but law. opment of the Bedford County Campus of Al- ordinary Azerbaijani men, women and children

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of Khojaly, a small village in war-torn and our careless attitude toward liberty. seven terms in Congress, CHARLIE served on Nagorno-Karabakh overrun by Armenian Whether a civilized society treats human life the Education and the Workforce Committee forces on 25–26 February. Many were killed at with dignity or contempt determines the out- as Chairman of the Subcommittee on Work- close range while trying to flee; some had come of that civilization. Reaffirming the im- force Protections. He also served on the Com- their faces mutilated, others were scalped.’’ portance of the sanctity of life is crucial for the mittee on Energy and Commerce, which in- Time Magazine stated ‘‘While the details are continuation of a civilized society. There is al- cluded two terms as Vice-Chairman of the argued, this much is plain: something grim ready strong evidence that we are on the slip- Subcommittee on Health. Fueled by a sincere and unconscionable happened in the Azer- pery slope toward euthanasia and non-con- interest in helping others, his colleagues knew baijani town of Khojaly two weeks ago. So far, sensual human experimentation. Although the he was not working for himself but for the peo- some 200 dead Azerbaijanis, many of them real problem lies within people’ hearts and ple. mutilated, have been transported out of the minds, the legal problems of protecting life CHARLIE is well-known for introducing the town tucked inside the Armenian-dominated stem from the ill-advised Roe v. Wade ruling, first comprehensive managed health care re- enclave of Nagorno-Karabakh for burial in where the court usurped the state’s authority form legislation to Congress in 1995. He truly neighboring Azerbaijan. The total number of over abortion. left his mark in legislation with reforms on pa- deaths—the Azerbaijanis claim 1,324 civilians One of the bills I am introducing today, the tient’s rights, education, private property rights, have been slaughtered, most of them women Sanctity of Life Act of 2005, reverses some of telecommunications, and environmental regu- and children—is unknown.’’ the damage done by Roe v. Wade. The Sanc- lations. Members of the Parliamentary Assembly of tity of Life Act provides that the federal courts CHARLIE was dedicated to public service the Council of Europe (PACE) from Albania, of the United States, up to and including the throughout his entire life, not only as a Mem- Azerbaijan, and the United Kingdom stated in Supreme Court, do not have jurisdiction to ber of Congress, but also as a dentist, a Viet- May 2001 in Written Declaration No. 324 that hear abortion-related cases. Congress must nam Veteran, a small businessman, and a the ‘‘Armenians massacred the whole popu- use the authority granted to it in Article 3, Sec- man of great faith. He and wife were active in lation of Khojaly and fully destroyed the town.’’ tion 1 of the Constitution to rein in rogue fed- their local United Methodist Church, as well Khojaly was the first significant Azerbaijani eral judges from interfering with a state’s abil- as, members of the Augusta Opera Society settlement overrun by Armenian forces in the ity to protect unborn life. and Augusta Symphony Guild. In every aspect region of Nagorno-Karabakh. The forces next In addition to restricting federal court juris- of his life, he was recognized with countless overran the Nagorno-Karabakh districts of diction over abortion, Congress must stop the awards and honors which illustrate how his Zangilan, Gubadli, Fuzuli, Aghdam, and unconstitutional practice of forcing Americans contributions to his community were limitless. Kalbajar, as well as the towns of Shusha and to subsidize abortion providers. It is not We have not lost a colleague—we have lost Lachin. Altogether, the occupied territories enough to say that ‘‘family planning’’ groups a good friend. represent roughly 20 percent of the territory of may not use federal funds to perform or pro- The Honorable CHARLIE NORWOOD is sur- Azerbaijan. And, altogether roughly one million mote abortion. After all, since money is fun- vived by his wife Gloria, sons Charles and Azerbaijanis were evicted from their homes gible, federal funding of any activities of these Carlton Norwood, and four grandchildren, all over the course of the Armenian-Azerbaijan organizations forces taxpayers to underwrite of Augusta. We will continue to hear of his war. the organizations abortion activities. This is service well into the future as CHARLIE’S leg- On January 25, 2005 the Parliamentary As- why I am also introducing the Taxpayer Free- acy will, without a doubt, live on. sembly of the Council of Europe overwhelm- dom of Conscience Act. The Taxpayer Free- Mr. Madam Speaker, on behalf of the ingly adopted a resolution highlighting that dom of Conscience Act prohibits any federal United States Congress, I am proud to honor ‘‘considerable parts of Azerbaijan’s territory official from expending any federal funds for the life of the Honorable CHARLES WHITLOW are still occupied by the Armenian forces and any population control or population planning NORWOOD, Jr. and his living legacy. separatist forces are still in control of the program or any family planning activity. To f Nagorno-Karabakh region.’’ paraphrase Thomas Jefferson, it is ‘‘sinful and Armenian Defense Minister, in an interview tyrannical’’ to force the American taxpayers to RECOGNIZING THE UNI-CAPITOL with British journalist Tomas de Waal openly subsidize programs and practices they find WASHINGTON INTERNSHIP PRO- admitted that ‘‘Before Khojaly the Azerbaijanis morally abhorrent. GRAM thought that . . . the Armenians were people Madam Speaker, it is my hope that my col- who could not raise their hands against the ci- leagues will join me in support of these two HON. ALCEE L. HASTINGS vilian population. We were able to break that bills. By following the Constitution and using OF FLORIDA [stereotype].’’ Madam Speaker, the tragedy of the power granted to the Congress by the IN THE HOUSE OF REPRESENTATIVES Khojaly was a crime against humanity and I Constitution, we can restore respect for free- Thursday, February 15, 2007 urge Congress to join me in standing with dom of conscience and the sanctity of human Azerbaijanis as they commemorate this trag- life. Mr. HASTINGS of Florida. Madam Speaker, I rise today to recognize the Uni-Capitol edy. f f Washington Internship Program. Since the EXPRESSING SORROW OF THE program’s inception in 2000, I have been a INTRODUCING THE SANCTITY OF HOUSE AT THE DEATH OF THE proud participant. LIFE ACT AND THE TAXPAYER HONORABLE CHARLIE NORWOOD, For the past seven years, 12 students from FREEDOM OF CONSCIENCE ACT MEMBER OF CONGRESS FROM all across Australia are selected to participate THE STATE OF GEORGIA in the eight-week Uni-Capitol Washington In- HON. RON PAUL ternship Program, an opportunity that exposes SPEECH OF OF TEXAS them to the administrative and legislative proc- IN THE HOUSE OF REPRESENTATIVES HON. JEFF MILLER esses that underpin the functioning of Con- gress as a democratic institution, Such experi- Thursday, February 15, 2007 OF FLORIDA IN THE HOUSE OF REPRESENTATIVES ences are invaluable opportunities for these Mr. PAUL. Madam Speaker, I rise today to students to gain knowledge and a deep under- introduce two bills relating to abortion. These Wednesday, February 14, 2007 standing of the internal workings of the United bills stop the federal government from pro- Mr. MILLER of Florida. Mr. Speaker, on be- States Government while bringing their own moting abortion. My bills accomplish this goal half of the United States Congress, it is with skills and backgrounds to their respective by prohibiting federal funds from being used great sadness that I rise today to recognize Congressional offices. for population control or ‘‘family planning’’ the passing of my esteemed colleague and The Uni-Capitol Program selects under- through exercising Congress’s constitutional friend, the Honorable CHARLES WHITLOW NOR- graduates from 7 universities by exclusively power to restrict federal court’s jurisdiction by WOOD, Jr. of Georgia’s Tenth Congressional matching the applicants with Members and restoring each state’s authority to protect un- District. Senators who share their views, as well as born life. Yesterday, we lost an inspiring public serv- with various committee offices that relate to Abortion on demand is no doubt the most ant to complications from his eight year battle their interests and fields of study. The stu- serious sociopolitical problem of our age. The with idiopathic pulmonary fibrosis. All who dents who are selected come from a variety of lack of respect for life that permits abortion knew him and worked with him recognized academic disciplines, but all have a common significantly contributes to our violent culture and appreciated his hard work. Throughout his interest in learning about and promoting the

VerDate Aug 31 2005 01:32 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\RECORD07\E15FE7.REC E15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE February 15, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E363 U.S.-Australia relationship. These student IN HONOR OF MS. VINNIE MALLOY, complete certainty that Cuba must be liberated placements are enhanced by the formation of NEW YORK DISTRICT MANAGER/ from the nightmare that is the Castro regime genuine friendships and the exchange of POSTMASTER, UNITED STATES in order for his children and for all the children views and ideas between the Australian in- POSTAL SERVICE of Cuba to be able to live in freedom, with the terns and their respective offices. I continue to ability to exercise their most basic human enjoy the interaction that frequently occurs be- HON. JERROLD NADLER rights. Because of his belief in freedom, de- tween my Australian and American interns. OF NEW YORK mocracy and a better future for his children, This, my colleagues, is how we build diplo- Mr. Benı´tez Chui became a target for the ty- IN THE HOUSE OF REPRESENTATIVES matic relationships which will ensure that the rant’s machinery of repression. U.S. and Australia remain friends and allies for Thursday, February 15, 2007 As a result of the dictator’s condemnable years to come. Mr. NADLER. Madam Speaker, I, along with March 2003 crackdown on peaceful pro-de- For the past two months, my office has had Mr. RANGEL and Mrs. MALONEY rise today to mocracy activists, Mr. Benı´tez Chui, along with the good fortune of hosting an amazing young congratulate Ms. Vinnie Malloy on the occa- his wife Migdalia Herna´ndez Enamorado, went woman from Australia, Anu Ambikaipalan, who sion of her retirement from the United States to a police unit in Guanta´namo to protest the is completing a double degree in law and Postal Service. arrest of two of their fellow pro-democracy international studies at Deakin University. Ms. Malloy has broken many barriers leaders, Manuel Ubals and Juan Carlos Her- Throughout the duration of Anu’s tenure in my throughout her career, which has been rera Acosta. Unfortunately, on March 19, 2003 office, she has conducted herself admirably. marked by excellence. From December 1998 shortly after arriving at the police unit, dictator- Her willingness to learn and contribute to the until her retirement on February 2, 2007, Ms. ship thugs arrested both Mr. Benı´tez Chui and legislative process through crafting legislation Malloy served as the 37th District Manager his wife while they peacefully protested the for the state of Florida as well as nationwide, and New York City Postmaster, the first unjust treatment of their fellow human rights has cemented a relationship indicative of the woman to hold that distinction. In this position, activists. one the U.S. and Australia have shared for so Ms. Malloy was responsible for the delivery of Unfortunately, their peaceful protest was many years. Anu has fast become an asset to mail and customer service for millions of resi- justification enough for the communist regime my staff and we will be sorry to see her go. dents and business customers in New York to incarcerate Mr. Benı´tez. On September 18, Anu is participating with 11 other very quali- City. She managed 62 post offices, 46 stations 2003, after 7 months confinement to a hellish fied students. Emmanuel Rohan from the Uni- and 15,000 employees. existence in the totalitarian gulag, 7 months versity of Queensland is in Representative Ms. Malloy joined the Postal Service in after his initial detention, Mr. Benı´tez Chui was MIKE CASTLE’s office; Sylvia Gaston from the 1969, at age 21, as a Substitute Distribution finally, in a sham trial, ‘‘sentenced’’ to 4 years University of Melbourne is in Representative Clerk in the James A. Farley Building. In the for the alleged crime of ‘‘contempt’’. Since his incarceration, Mr. Benı´tez Chui JAMES CLYBURN’s office; Charis Tierney from years that followed, Ms. Malloy held several has endured an inhuman horror in the dictator- the University of Queensland is in Senator positions in the Postal Service, including the ship’s gulags. In 2004, he was severely beat- MIKE CRAPO’s office; Nicole Woodmansey historic first female Tour Director and Mail en by regime thugs and robbed of his few per- from Griffith University is in Senator CHRIS- Processing Operations Manager in the New sonal belongings. When Mr. Benı´tez Chui at- TOPHER DODD’s office; Clare Ashby from the York District, as well as first female Bronx tempted to defend himself against the brutal University of Melbourne in the office of Rep. Postmaster. PHILIP ENGLISH; Anna Keenan (University of Through mentoring and training, Ms. Malloy assault, he was placed in a so-called ‘‘punish- Queensland is in Representative SAM FARR’s has assisted and encouraged many of her em- ment cell’’. These ‘‘punishment cells’’ are usu- office; Nisha Sundaresan from Deakin Univer- ployees to seek higher level positions. She ally located in the basements of prisons, with sity is in Senator CHUCK HAGEL’s office; has one son and serves on the Senior Usher continuous dark conditions, no available water, Megan Bainbridge from the University of Mel- Board of the Cambria Heights Community and a hole in the ground for a toilet. Despite nearly 4 years of brutal, life threat- bourne is in Representative JERROLD NADLER’s Church in Queens, NY. ening conditions and continued psychological office; Stuart Broadfoot from the University of We are very grateful to Ms. Malloy for her torture, Mr. Benı´tez Chui has never wavered in Western Australia is in Representative ILEANA assistance with the hundreds of constituent his commitment to the freedom of all the ROS-LEHTINEN’s office; Jennifer Grant from the concerns we have brought to her attention Cuban people. He has never lost his hope that University of Queensland is in Representative over the years. We wish every government of- one day his three children will live in a demo- LORETTA SANCHEZ’s office; Michael Ng from fice were as responsive as Ms. Malloy and her cratic Cuba free of the murderous totalitarian the University of Melbourne is with the House staff have been. No matter how big or small regime that has oppressed Cuba for almost Transportation and Infrastructure Committee’s the issue, our constituents have always been half a century. Mr. Benı´tez is one of the many majority staff. treated promptly and courteously. During her heroes of the Cuban pro-democracy move- As we move to acknowledge the seventh nearly 38 year career, she has been comment who are locked up in the dungeons of successful year of this program, I would like to mitted to the residents of Manhattan through the dictatorship for believing in a better life for commend the founder and director the Uni- her work in the United States Postal Service. the Cuban people, all of whom are trapped in Capitol Internship Program, Eric Federing. Eric Ms. Malloy paved the way for other female is a former senior House and Senate staffer of the horror of the brutal tyranny. Postal Service employees, and is an inspira- Madam Speaker, Mr. Benı´tez Chui is rep- more than a dozen years, who successfully tion and role model for all women. For her combined his experience in Washington with resentative of the best of the Cuban people, commitment to the Postal Service and her their dignity and their thirst for freedom and his extensive travels and lectures throughout community, it is our privilege to congratulate Australia into an ingenious program of diplo- democracy. It is unconscionable, in the 21st Vinnie Malloy on her distinguished record of century, for the world to stand by in silence matic exchange through cultural appreciation excellence and achievement and upon her re- and understanding. I heartily congratulate him while valiant men and women are caged by a tirement. demented and vile oppressor simply for on making his vision a reality. This program is f the right step in the direction of supporting our peacefully expressing opinions. We must de- young people who have a passion for and FREEDOM FOR RAFAEL BENI´TEZ mand the immediate freedom of Mr. Benı´tez commitment to civic engagement and public CHUI Chui and all the prisoners of conscience in to- service. talitarian Cuba. Over the years, my staff and I have greatly HON. LINCOLN DIAZ-BALART f benefited from participating in this program, as OF FLORIDA PROJECT BIOSHIELD MATERIAL I believe it continues to provide a unique and IN THE HOUSE OF REPRESENTATIVES THREATS ACT OF 2007 important bridge between the United States of Thursday, February 15, 2007 America and Australia in many respects, espe- HON. JAMES R. LANGEVIN cially in the arena of promoting people to peo- Mr. LINCOLN DIAZ-BALART of Florida. OF RHODE ISLAND ple relationships that are just as key if not Madam Speaker, I rise today to speak about IN THE HOUSE OF REPRESENTATIVES more than our military and economic relation- Rafael Benı´tez Chui, a political prisoner in to- ships. I have said this in years past, and I will talitarian Cuba. Thursday, February 15, 2007 say it again: I implore my colleagues to partici- Mr. Rafael Benı´tez Chui is a father of three Mr. LANGEVIN. Madam Speaker, I rise pate in this worthwhile program when the op- and a peaceful pro-democracy activist in totali- today to introduce the Project BioShield Mate- portunity is made available. tarian Cuba. Mr. Benı´tez Chui knows with rial Threats Act of 2007.

VerDate Aug 31 2005 01:32 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\RECORD07\E15FE7.REC E15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE E364 CONGRESSIONAL RECORD — Extensions of Remarks February 15, 2007 The BioShield Program was created to de- the highest risk to our citizens, and we must for peace in our society and within ourselves. velop and procure medical countermeasures do it quickly. Passage of this measure will Because of his contribution to the world of against dangerous chemical, biological, radio- help advance and improve that process, and I music and the consciousness of humanity, I logical and nuclear (CBRN) agents, The De- urge my colleagues to join me in supporting celebrate the birth, life, and legend of Bob partment of Homeland Security is responsible this legislation. Marley. for determining threats posed to our country f f by these agents, and for taking specific steps INTRODUCING THE FOSTER to protect the nation’s citizens from these A TRIBUTE TO THE BIRTH, LIFE, CHILDREN SELF SUPPORT ACT harms. While I fully support the mission of Bio- AND LEGACY OF BOB MARLEY Shield, the program has encountered several problems since it was enacted nearly three HON. CHARLES B. RANGEL HON. FORTNEY PETE STARK years ago. OF NEW YORK OF CALIFORNIA One major shortcoming of the program is a IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES lack of efficiency in the assessment of threats. Thursday, February 15, 2007 Thursday, February 15, 2007 Rather than examining each threat individ- Mr. STARK. Madam Speaker, I rise today to Mr. RANGEL. Madam Speaker, I rise today ually, we should be looking for ways to prop- introduce the ‘‘Foster Children Self Support to celebrate the 62nd anniversary of the birth, erly group these threats together, so we can Act.’’ This bill will codify into federal law what life and legacy of renowned musician, cham- develop appropriate countermeasures to com- should be common sense: abused and ne- pion of peace, and provocateur of thought; bat multiple threats. My colleagues and I are glected children should not be used as a fund- Bob Marley. His music stirred emotions of introducing this legislation to improve and ex- ing stream for states that should be acting in love; his life inspired the hope of peace. Feb- pedite the Department’s conduct of Material the best interests of these extremely vulner- ruary 6, 1945 marked the beginning of his Threat Determinations (MTD) and the more in- able children. depth Material Threat Assessments (MTA). journey as an ambassador of humanity. Bob In nearly every state in the country, foster These MTDs and MTAs will promote a more Marley was with us such a short time, but left children eligible for Social Security benefits strategic use of our Nation’s resources when such a rich legacy that on each birthday we because of a disability or the loss of a parent procuring medical countermeasures and will ask ourselves what greatness we would have are having those benefits taken by the very ultimately lead to a safer and better-prepared seen if he had lived a full life. We are sad that state agencies charged with providing for public health infrastructure. he died so young and that after all these years them. The ‘‘Foster Children Self Support Act’’ To date, DHS has completed fifteen MTDs. he would have just turned 62 this month. would end that practice. Instead, it would re- It took well over one year to complete the first Bob Marley’s international appeal is due to quire states to use a child’s Social Security six, but the pace picked up considerably since his commitment to the unity of mankind. He benefits to meet the immediate needs of that a shift towards less in-depth risk assessments awakened the consciousness of society as a child or set aside those benefits to assist the of twenty-nine top threat agents listed by the spokesperson for equality in Africa and for the child with transitioning to adulthood when that Centers for Disease Control. The Department poor and underprivileged across the world. His child emancipates from care. leveraged those risk assessments to more efforts to shine a light on the darkest regions The Congressional Research Service (CRS) quickly complete the next round of MTDs. across the globe gave a platform to the voice- estimates that approximately 30,000 foster Soon the Department plans another round of less to let their stories be heard. Bob Marley children (out of 500,000 nationwide) receive risk assessments that will include more chem- was an activist of world peace, and he encour- either Supplemental Security Income (SSI) or ical agents. I hope this bill sends a clear mes- aged us that if we come together ‘‘we can OASDI (Old Age, Survivors, and Disability In- sage to the Department that we in Congress make it work.’’ surance) benefits each month. Unfortunately, want to support and improve upon their recent Bob Marley’s ability to empathize with the hardly any of these children will benefit from efforts. plight of the poor and destitute is a char- these funds. Nor will the children have the op- Risk is assessed based on a combination of acteristic that we all must internalize. When tion to save the money as a nest egg for when threat, vulnerability, and consequences, and we are faced with the widening gap of the they leave care. This is because state child we should encourage the Department to use haves and have-nots, with our neighbors af- welfare agencies routinely make themselves threat information contained in existing risk as- fected by Hurricane Katrina, and with the citi- the representative payee so that they have sessments to inform and expedite the MTD/ zens of Haiti and Darfur, we must have the control over the child’s benefits. Often, neither MTA process. This bill promotes the use of compassion and the courage to ensure that all the child nor the child’s advocate knows that existing risk assessments if those assess- are given the opportunity to live fulfilling lives. Social Security benefits are being sent to the ments are considered credible by the Sec- With the revolutionary spirit of Marcus agency. Once the welfare agency controls the retary. Mosiah Garvey, Bob Marley empowered us to benefits they are free to use them however Another way to both accelerate and lever- realize our inner strength and to continually they please. age assessments is to conduct them in strive for spiritual maturity. His famous lyrics in In this manner, state welfare agencies take groups, either by the physical or genetic simi- ‘‘Redemption Song’’ gave insight in over- an estimated $156 million per year from foster larity of the agents themselves or the symp- coming inner dissonance, advising to ‘‘Eman- children. The practice has devastating con- toms they cause. Countermeasures that ad- cipate yourselves from mental slavery, none sequences, as evidenced by the case of dress more than one threat agent are com- but ourselves can free our minds.’’ His convic- ‘‘John G.,’’ a foster child in North Carolina. monly referred to as ‘‘broad spectrum medical tion to personal growth was seen in his com- John was willed a house when his adoptive fa- countermeasures,’’ and these should be the mitment to the principles of his faith, and his ther died of cancer. The house had a $221 gold standard for efficient use of BioShield re- unyielding desire for others to become fully monthly mortgage. Luckily for John he was sources. We must move beyond the current actualized human beings. entitled to approximately $560 in Social Secu- ‘‘One Bug, One Drug’’ approach we currently Having a special talent to recreate the rity OASDI benefits. However, the child wel- use to the ‘‘One Drug for Many Bugs’’ model scenes of everyday life, Bob Marley gave us fare agency, who had made themselves that broad spectrum countermeasures offer. the opportunity to experience the joy, love, John’s representative payee, decided they Finally, we all know that time is of the es- pain, and redemption that characterize our hu- would rather keep the money than ensure sence as we work to address those agents we manity through his music. With a message John had a place to live when he left foster already know and ensure we are prepared for which transcends the reality of which he sung, care. Just as his house was about to be fore- emerging threats. The legislation I am intro- he speaks to us in this day and time as mean- closed on, John went to court. Currently, the ducing today requires all MTDs for CBRN ingfully as he did when he lived, leading us to welfare agency is making the payments under agents that the Secretary determines to be ca- reflect on the complexities of our world, and a court order. The future of John’s house is pable of significantly affecting national security the enjoyment of the pleasures in our lives. still very much in doubt because the agency to be completed by December 31, 2007. His numerous awards and accolades reflect has appealed and the law may not be on Madam Speaker, this bill will aid the Depart- his dedication to creating music and a mes- John’s side. ment of Homeland Security in conducting sage unhindered by culture, race, time, or Although John G.’s case is particularly egre- threat and risk assessments, which is the first space. He and his beloved anthem ‘‘One gious, all foster children and former foster chil- step to countermeasure procurement. We Love’’ was voted as the most popular inter- dren face tremendous challenges. Foster chil- must address those agents—known and national song of the 20th century. Bob dren often enter care having suffered from se- emerging, natural or engineered—that present Marley’s music lives on to remind us to strive rious emotional, mental, and/or physical

VerDate Aug 31 2005 01:32 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\RECORD07\E15FE7.REC E15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE February 15, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E365 abuse. For example, they suffer from Post INTRODUCTION OF THE RECON- I urge my colleagues to cosponsor this im- Traumatic Stress Disorder (PTSD) at a rate STRUCTION AND STABILIZATION portant piece of legislation that would greatly twice as high as Iraq War veterans. Then, CIVILIAN MANAGEMENT ACT assist in improving the capacity of our Govern- when children emancipate from care they are ment to respond to some of the most impor- dependent on public assistance, become in- HON. SAM FARR tant and pressing security threats of our time. carcerated or homeless, and are unemployed OF CALIFORNIA f at rates higher than nearly any other group of IN THE HOUSE OF REPRESENTATIVES TRIBUTE TO JONATHAN QUARLES Americans. The ‘‘Foster Children Self Support Thursday, February 15, 2007 Act’’ is especially important since it is safe to assume that those children who have lost their Mr. FARR. Madam Speaker, today, Mr. HON. DALE E. KILDEE SAXTON and I are pleased to introduce the bill, parents or are receiving SSI due to severe OF MICHIGAN Reconstruction and Stabilization Civilian Man- mental or physical disabilities are among the IN THE HOUSE OF REPRESENTATIVES most needy. agement Act. In his State of the Union speech, the Presi- Thursday, February 15, 2007 The ‘‘Foster Children Self Support Act’’ pro- dent called on Congress to support a civilian Mr. KILDEE. Madam Speaker, I rise today vides a way to help these children. It does so response corps which ‘‘would function much by mandating that states develop a plan for to recognize Jonathan Quarles, the keynote like our military reserve. It would ease the bur- speaker at the Flint NAACP’s Freedom Fund foster children with Social Security benefits. den on the Armed Forces by allowing us to The plan would layout how to best use a annual dinner to be held on March 3rd in Flint hire civilians with critical skills to serve on mis- Michigan. child’s Social Security benefits as a resource sions abroad when America needs them. It to best meet the current and future needs of Jonathan Quarles is currently serving the would give people across America who do not mayor of Detroit, the Honorable Kwame Kil- that child. The plan must be specific to each wear the uniform a chance to serve in the de- child receiving Social Security benefits and patrick, as the executive assistant. Jonathan fining struggle of our time.’’ began his public service career after grad- made in partnership with the child and the The Reconstruction and Stabilization Civilian uating from Florida A&M University in 2004 child’s advocate. If this bill were law, states Management Act would authorize a civilian re- with dual degrees in business administration would no longer be allowed to simply use chil- sponse corps. Why is this authorization nec- and political science. He worked for People for dren’s Social Security money as they see fit. essary? Since the end of the Cold War, the the American Way Foundation in partnership Instead, this money would have to be used as U.S. has been engaged in a stabilization or re- with Tavis Smiley to increase civic awareness any parent would use it: to provide for the construction operation once every 18–24 and engagement in the public process by child’s particular needs and help plan for the months. By default, the services have taken young people in Florida, Michigan, Illinois, child’s future. on the task of nation building, and OSD Direc- The bill will: tive 3000.05 makes stabilization and recon- Texas and Ohio. Require that states screen all foster children struction operations a core competency of the In addition to his current position with the for Social Security eligibility and assist them in military. city of Detroit, Jonathan has a lifelong commit- application; While our military personnel have done an ment to the NAACP, is a member of Alpha Phi Require states to identify other appropriate excellent job for which they have not been Alpha Fraternity Incorporated Beta Nu Chap- representative payees for eligible children, trained, filling the void should be the responsi- ter. He serves as a precinct delegate for the such as family members, before becoming the bility of the State Department. In order for our city of Detroit, as board member of Leadership payee themselves; operations to be successful, the State Depart- Transformation, a steering committee member for New Detroit National Leadership Summit Prohibit states who are payees from using a ment must fill this void, and can do so by cre- on Race, a trainer for the Paul Wellstone Ac- child’s Social Security benefits to reimburse ating a comparable civilian force to take over tion Network, and an ambassador for Tavis themselves for the cost of foster care; once the military has stabilized a war-torn Smiley’s Youth 2 Leaders Foundation. Re- Require states to develop a plan, with a country. cently Jonathan founded Common Link Con- child and that child’s advocate( s), on how to Combating failed states requires a complex sulting Services to better educate the commu- best use the Social Security benefits to pro- combination of political, diplomatic, develop- nity about public policy and foster links be- vide for the current and future needs of the ment assistance and military actions, as well tween the public and private sectors. child; as the ability to respond quickly in the immediate aftermath of crisis. The military plays an Recognized for his accomplishments, Jona- Provide for the conservation of Social Secu- than was selected by Black Enterprise as one rity funds in dedicated accounts that a child extremely important role in stabilizing a country, but civilians play an equally important role of America’s emerging leaders. He was recog- can access when they leave care to pay for nized by Jet Magazine as one of Black Amer- things like housing, education, transportation, and have comparative advantage in helping to develop civil society—judicial systems, law en- ica’s most promising leaders of the 21st cen- and other life expenses; tury. The Governor of Michigan named him a Increase the Social Security resource limit forcement, health care, economic development, trade promotion and other essential sec- ‘‘Michiganian of the Year’’ in 2000 and Florida to $10,000 (currently it is $2,000), so that chil- A&M University has granted the Martin Luther dren can conserve up to that amount and still tors to stabilize a country. The Reconstruction and Stabilization Civilian King, Jr. Leadership Award to Jonathan for maintain their Social Security eligibility; Management Act establishes the legislative two consecutive years. The February 2007 Require the GAO to report back to Con- framework for authorizing this integral civilian issue of Ebony Magazine listed him as one of gress on states’ progress in screening all fos- capacity by: the country’s top 30 leaders under the age of ter children for Social Security eligibility. Authorizing the establishment of the State 30. Improving our child welfare system has re- Department Office of the Coordinator for Re- Madam Speaker I ask the House of Rep- percussions throughout our society. Foster construction and Stabilization, S/CRS; resentatives to join me in congratulating a fel- children who age out of the child welfare sys- Authorizing the establishment of a 250-per- low Flint native, Jonathan Quarles, as he is tem without having developed family supports son Civilian Response Corps with both Active- honored by the Flint Chapter of the NAACP or skills that can lead to employment create a Duty and Reserve components. The corps for his work to make our community a better large societal cost. In the next 15 years would be rapidly deployed with the military for place. 300,000 foster children will age out of care both initial assessments and operational pur- f without any transition supports. Congress has poses. They would be the first civilian team on a moral obligation to provide foster children the ground in post-conflict situations, well in PAYING TRIBUTE TO STEVEN G. with the resources they need to become inde- advance of the establishment of an embassy. SCHORR pendent adults. The ‘‘Foster Children Self Establishes personnel exchange programs Support Act’’ is a small part of fulfilling this ob- with other relevant Federal agencies that can HON. JON C. PORTER ligation and a large step toward helping one of help a failed state develop government and OF NEVADA the most vulnerable groups of foster children. civil society infrastructure. IN THE HOUSE OF REPRESENTATIVES Attached are two news articles for the Importantly, the bill promotes a stabilization RECORD that illustrate the consequences of and reconstruction curriculum and the utiliza- Thursday, February 15, 2007 our current policy. tion of already existing programs like the Cen- Mr. PORTER. Madam Speaker, I rise today I urge my colleagues to join me in support ter for Stabilization and Reconstruction Stud- to honor my friend Steven G. Schorr, Vice of this important legislation. ies at the Naval Postgraduate School. President of Public and Government Affairs for

VerDate Aug 31 2005 01:32 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\RECORD07\E15FE7.REC E15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE E366 CONGRESSIONAL RECORD — Extensions of Remarks February 15, 2007 Cox Communications, whose civic and profes- Holocaust do not have the ability to rewrite seemed like a thankless task. Mr. Schad was sional contributions to Southern Nevada have history. not seeking praise or reward, but only the motivated the Clark County School Board of This bill, named after the honored Holocaust unique feeling of satisfaction that comes with Trustees to name a new elementary school in survivor who spent his life’s work devoted to serving your country and making it safer for his honor. Steven has been a vital part of our seeking justice for the six million Jews who others. community since he and wife, Holly, moved to were murdered by the Nazis, seeks to provide Mr. Schad has passed these principles on Las Vegas with their two sons, David and competitive grants for educational organiza- to his son, U.S. Army Sgt. Brian Schad, who Darrin, in 1977. tions working to teach today’s youth the les- will soon be deployed to Afghanistan after Mr. Schorr’s remarkable civic involvement sons of the Holocaust. Through grants from serving in Djibouti, Africa. We all owe a debt has earned him much deserved recognition. the Department of Education, Holocaust orga- of gratitude to families such as the Schads, He has been named Public Citizen of the Year nization programs that are designed to specifi- who have taken up their country’s call. Madam in Nevada and was cited as ‘‘One of the Most cally improve the awareness of the Holocaust Speaker, I am proud to express the gratitude Influential Men in Southern Nevada.’’ Mr. through such means as classes, seminars, and affection of myself and my constituents to Schorr has also received the Glenn Smith Hu- conferences, educational materials, and teach- Mr. Schad and his entire family. manitarian Award from Opportunity Village and er training, can apply for federal funds to as- f was named to the ‘‘National Erase the Hate’’ sist in carrying out these initiatives. honor roll. He was presented the Nevada Several states now require that the Holo- TRIBUTE TO COLORADO STATE Points of Light A ward by former Governor caust be taught in public school curriculums. SENATOR JOHN EVANS Kenny Guinn and the Nevada Commission for Though there are resources such as the Holo- National and Community Service for his dedi- caust Memorial Museum here in Washington, HON. MARILYN N. MUSGRAVE cation and commitment to serve our commu- DC, and similar museums in a few other cities, OF COLORADO nity. In acknowledgement of his contributions many teachers are still left with the challenge IN THE HOUSE OF REPRESENTATIVES of teaching a complicated subject without the to the community, Mr. Schorr was recently in- Thursday, February 15, 2007 ducted as an honorary board member and ex- expertise. Many Holocaust educational organi- ecutive board member of the 100 Black Men zations have risen to meet this demand, but Mrs. MUSGRAVE. Madam Speaker, I rise of Southern Nevada, which is an organization their resources are limited, hindering their out- today to honor former Colorado State Senator geared towards mentoring children. Mr. Schorr reach. This bill will provide more resources to John Evans. serves on several boards such as the National these organizations, who have the expertise A fifth generation Coloradoan, Mr. Evans’s Urban League, Nevada Ballet Theater, and and knowledge of the tragic events during the contributions to the State of Colorado are in- Sunrise Hospital and Medical Center. Nazi era, to teach more students, teachers numerable. As Vice President of Public and Govern- and communities the dangers of inter-group After graduating from Lakewood High ment Affairs for Cox Communications for the conflict and the importance of tolerance in our School, Mr. Evans earned a Bachelor of Arts past 19 years, Mr. Schorr is the liaison to society. degree from the University of Denver. He later local, state and national elected officials and f completed his Masters of Education and Ph. government bodies. Prior to his work with Cox D. at Georgia State University, in Atlanta. In Communications, Mr. Schorr was a television HONORING MICHAEL B. SCHAD 1986, Mr. Evans graduated from Valparaiso news journalist, during which time he received FOR 35 YEARS OF SERVICE TO University School of Law. wide recognition for his outstanding work. For THE UNITED STATES For over twenty-three years Mr. Evans de- his efforts as a news anchor, Mr. Schorr was voted his talents to serving in both the public awarded two Emmys, two National Freedom HON. PATRICK J. MURPHY and higher education arenas. Drawing on this Foundation Awards, a Headliner Award, and OF PENNSYLVANIA experience, he served as an at-large member an Armstrong Award for Broadcasting. In addi- IN THE HOUSE OF REPRESENTATIVES of the State Board of Education for four years. During his tenure Mr. Evans was a leader in tion to these awards, Mr. Schorr’s achieve- Thursday, February 15, 2007 ments in television journalism were recognized making Colorado a national leader in school when he was inducted into the Nevada Broad- Mr. PATRICK J. MURPHY of Pennsylvania. reform. casters Association’s Hall of Fame. Mr. Schorr Madam Speaker, it is my privilege to rise be- Mr. Evans continued his work as a cham- has also served as an adjunct professor at the fore you to honor Michael B. Schad, of pion of Colorado school children in the state University of Nevada Las Vegas, Greenspun Langhorne, Pennsylvania, for his many years Senate. In addition to his work on education School of Communications. of dedicated service to the U.S. Army National issues, he also served as Assistant Majority Madam Speaker, I am proud to honor my Guard. For Mr. Schad, this marks the end of Leader, Chair of the Legal Services Com- friend Mr. Schorr and his many achievements a 35 year career with the National Guard dur- mittee, and Vice-Chair of the Finance Com- and congratulate him on being recognized with ing which his willingness to go above and be- mittee. the dedication of a school in his name. His yond the call of duty exemplified the true spirit Madam Speaker, Mr. Evans’s service to the dedication to the community is remarkable and of our armed forces. people—especially the students—of Colorado I wish Mr. Schorr continued success in his fu- Mr. Schad first served four years with the will not soon be forgotten. I urge my col- ture endeavors. U.S. Navy during the Vietnam War. Upon re- leagues to join me in recognizing Mr. John turning home, Mr. Schad joined the National f Evans. Guard and worked tirelessly, many times vol- f INTRODUCTION OF THE SIMON unteering for extra duty. When there was a WIESENTHAL HOLOCAUST EDU- call for help to guard a nuclear facility in New PAYING TRIBUTE TO ROSSI CATION ASSISTANCE ACT Jersey, Mr. Schad stepped up. When Hurri- RALENKOTTER cane Katrina ravaged the Gulf Coast, Mr. HON. CAROLYN B. MALONEY Schad joined the relief effort without hesi- HON. JON C. PORTER OF NEW YORK tation. Mr. Schad filled in at supply commands OF NEVADA IN THE HOUSE OF REPRESENTATIVES at Fort Dix, McGuire Air Force Base and in IN THE HOUSE OF REPRESENTATIVES Germany. Yet through all of this, Mr. Schad Thursday, February 15, 2007 maintained a full-time job and raised a family, Thursday, February 15, 2007 Mrs. MALONEY of New York. Madam a tremendous feat given his level of commit- Mr. PORTER. Madam Speaker, I rise today Speaker, today I am reintroducing the Simon ment to the National Guard. to recognize and honor my friend Rossi Wiesenthal Holocaust Education Assistance Madam Speaker, the eagerness with which Ralenkotter for his commitment and dedication Act. Through grants to qualifying education or- Mr. Schad served his country is the very trait to the Las Vegas community. ganizations, I hope to promote awareness of that serves as the backbone of the National Rossi Ralenkotter has been a resident of the Holocaust and the devastating effects of Guard. His willingness to stand at his coun- Las Vegas for over 54 years. During this time, hate crimes. As the generations who survived try’s guard, while at the same time under- Rossi earned his bachelor of science in mar- the Holocaust pass away, we need to make taking the rest of life’s responsibilities, de- keting from Arizona State University and his sure that new generations know the horrors of serves special appreciation and respect. I master of business administration from Univer- that terrible time. We need to make sure that would like to take this opportunity to recognize sity of Nevada Las Vegas. He has worked those who would deny the existence of the Mr. Schad for what at many times may have with the Las Vegas Convention and Visitors

VerDate Aug 31 2005 01:32 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\RECORD07\E15FE7.REC E15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE February 15, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E367 Authority for 33 years, and is currently serving would ensure that these offices retain their al- sion of his retirement from the Farm Service as the President and CEO. Rossi has pre- located funding, are sufficiently staffed, and Agency after 35 years of service. Since De- viously served as the Authority’s executive can accomplish the important work for which cember of 1971, when he began as a County vice president and senior vice president of they were established. Office Manager trainee, he has dedicated his marketing. He is also an active member of a f professional life to the Farm Service Agency. number of professional associations, such as, He became very effective in his first position the International Association of Convention HONORING ZACH COHEN FOR HIS as the Office Manager in El Paso County. and Visitors Bureaus, the American Society of WORK WITH OPERATION DVD After serving in El Paso County for a short Association Executive and the Hotel Sales time, he decided to give up his position and Marketing Association. HON. PATRICK J. MURPHY go to Weld County to manage the county of- During his long and distinguished career, OF PENNSYLVANIA fice with the largest workload in the State. Rossi has received numerous accolades; most IN THE HOUSE OF REPRESENTATIVES Arnold has seen the office through numer- recently the Las Vegas Ad Club inducted him Thursday, February 15, 2007 ous changes. When he started, farm programs into the Las Vegas Advertising Hall of Fame in Weld County were limited to dryland farms. for his lifetime marketing achievements. Rossi Mr. PATRICK J. MURPHY of Pennsylvania. Through the years, the situation has changed has also been honored by the American Mar- Madam Speaker, I rise before you today to dramatically and now nearly every farm in keting Association and the Travel and Tourism recognize Zach Cohen, an extraordinary Weld County is enrolled in some sort of farm Research Association with Lifetime Achieve- young man from Lower Makefield, Pennsyl- program. ment awards, and in 2004 he was selected by vania. Through his involvement with Operation Over the years, Mr. Germann has served on Brandweek Magazine as the Grand Marketer DVD, Zach has shown exceptional selfless- many State and National Committees to help of the year. On Sunday, February 25, 2007, ness and caring, well beyond his years. develop ways to administer Farm Programs Rossi is being honored as the ‘‘Man of the The Charles Boehm Middle School seventh more efficiently. His impressive efforts earned Year’’ at the 79th Annual Academy Awards grader wrote me recently to promote the him numerous leadership positions including Oscar Night America and Arthritis Foundation project, excited to help our community show President of the Colorado Association of Ceremony. support for troops overseas. Operation DVD County Office Employees from 1979 through Madam Speaker, I am proud to honor my was started by AMVETS, a national veteran’s 1982 and the Legislative Committee chair from friend Rossi Ralenkotter for his considerable organization. Those running the project collect 1987 to 1991. His outstanding work has been contributions to the success and expansion of new or used DVDs and CDs, which are sent acknowledged with numerous awards includ- the Las Vegas community. I commend his pro- abroad to our service men and women. The ing the 1976 Pro Employee award and the fessional and personal commitment to south- goal of Operation DVD is to send over one 1983 Service to Colorado Association of ern Nevada. I applaud his efforts and wish him million discs to soldiers in Iraq and Afghani- County Office Employees distinguished serv- the best in his future endeavors. stan, where outdoor recreational activity ice award. f comes at great risk. By providing soldiers with Mr. Germann has served the Farm Service music and movies, they can enjoy what little Agency and the agricultural producers of Weld INTRODUCTION OF WOMEN’S free time they might have in safety. County with great dedication over these many HEALTH OFFICE ACT Zach became involved with the project when years. I extend my heartfelt thanks to him for he was researching a community service a lifetime of service. HON. CAROLYN B. MALONEY project to complete in preparation for his Bar f OF NEW YORK Mitzvah. He felt his love for movies and music IN THE HOUSE OF REPRESENTATIVES would be shared by our men and women fight- IN RECOGNITION OF MRS. LINDA ing overseas. But most important, Zach’s atti- NOWLIN, KITTY STONE ELEMEN- Thursday, February 15, 2007 tude showed appreciation and maturity that TARY SCHOOL TEACHER OF THE Mrs. MALONEY of New York. Madam hopefully rubs off on others his age. Zach YEAR Speaker, today I introduce the Women’s wrote in his letter, ‘‘I also think it’s very impor- Health Office Act with my Republican col- tant to support our troops and thank them for HON. MIKE ROGERS EBORAH RYCE league, D P from Ohio. This Act all that they do for our country. And I thought OF ALABAMA establishes permanent authorization for the of- it was great that I had found a way to do a lot IN THE HOUSE OF REPRESENTATIVES fices or officers of women’s health in five fed- of good without having to ask people for eral agencies: the Centers for Disease Control money.’’ Madam Speaker, we should all share Thursday, February 15, 2007 and Prevention, the Department of Health and this genuine thoughtfulness and consideration, Mr. ROGERS of Alabama. Madam Speaker, Human Services, the Agency for Healthcare especially for men and women who have sac- I rise to pay tribute to Mrs. Linda Nowlin of Research and Quality, the Health Resources rificed so much. And as someone who served Jacksonville, Alabama. Mrs. Nowlin is a highly and Services Administration, and the Food in Baghdad only three years ago, I can attest accomplished educator and was recently and Drug Administration. to the affect these acts of generosity have on named Kitty Stone Elementary School’s Women’s health research has been histori- morale. Teacher of the Year. cally underfunded in the United States and for From the moment Zach discovered Oper- According to recent media reports, for the years women have been banned from clinical ation DVD, he showed tremendous determina- past 34 years Mrs. Nowlin has been inspiring trials. For example, in 1977, the FDA barred tion in spreading the word. He attended a young students in Alabama and Tennessee all women of child bearing potential from par- Lower Makefield Township Supervisors meet- and has been a member of the Kitty Stone El- ticipating in most early phase clinical research, ing. He was featured in articles by the Yardley ementary faculty since 1998. Over the years, and this continued for 16 years. Unfortunately, News and the Trend Midweek. He has sent Mrs. Nowlin has integrated advanced teaching sex differences continue to be ignored in med- letters to Bucks County school districts and methods and the Internet to equip her kinder- ical research today and we have not made up various other community organizations. garten students with the skills they need to be for the dearth of information on women’s Madam Speaker, Zach’s tireless efforts rep- successful. health. resent the potential of our youth for contrib- I congratulate Mrs. Nowlin for her years of The offices of women’s health in these fed- uting to our communities through selfless and service, and for her recent commendation. eral agencies were intended to provide a noble acts. f much needed focus on women’s health includ- f ing research, service delivery, policy, edu- PAYING TRIBUTE TO REBECCA A. cation, and outreach. However, these offices TRIBUTE TO ARNOLD GERMANN JOHNSON are currently unable to perform their responsibilities due to a lack of support from our fed- HON. MARILYN N. MUSGRAVE HON. JON C. PORTER eral government. They are severely under- OF COLORADO OF NEVADA funded and understaffed, and vulnerable to IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES elimination in the future. The work of these offices is essential to im- Thursday, February 15, 2007 Thursday, February 15, 2007 proving the health of women in the United Mrs. MUSGRAVE. Mr. Speaker, I rise today Mr. PORTER. Madam Speaker, I rise today States. Creating a permanent authorization to pay tribute to Arnold Germann on the occa- to honor Rebecca A. Johnson, principal of Kirk

VerDate Aug 31 2005 01:32 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\RECORD07\E15FE7.REC E15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE E368 CONGRESSIONAL RECORD — Extensions of Remarks February 15, 2007 Adams Elementary School in Las Vegas, Ne- would provide permanent relief for the non-cit- Georgetown team members are names all of vada and recent recipient of the Milken Family izen dependents of deceased victim of the us in the Congress will recognize. First, our Foundation National Educator Award. September 11, 2001, terrorist attacks, as de- former colleague who just retired earlier this The Milken Family Foundation National Edu- termined by the September 11th Victims Com- year after a long career in this chamber, the cator Awards program recognizes and rewards pensation Fund. These individuals should not Honorable Henry Hyde of Illinois, played on outstanding teachers, principals, and edu- be forced to leave the country because of the the first Georgetown Hoyas team to play in a cation professionals who go above and be- actions of the terrorists. National Championship game in 1943. Here in yond to achieve excellence in education. Finally, I would like to thank Moshe and the House, Congressman Hyde served with Since the first award was presented in 1987, Debra Steinberg for their assistance in pre- distinction both as Chairman of the House Ju- over 2,200 recipients have this prestigious paring this legislation for introduction and for diciary Committee and of the House Inter- award. Ms. Johnson was one of the 100 edu- all of the work they have done on behalf of the national Relations Committee. The other famil- cators chosen for 2006–2007 school year and victims of the September 11, 2001, terrorist at- iar name, Paul Tagliabue, served as Commis- the 78th Nevada educator to win. tacks. I urge my colleagues to support this sioner of the National Football League from Ms. Johnson’s long career as an out- legislation and urge its swift passage into law. 1989 through September, 2006. Mr. Tagliabue standing educator and an effective adminis- f graduated from Georgetown in 1962 and sub- trator has earned her this much deserved na- sequently earned a law degree from New York tional recognition. For the past 17 years, Ms. ONE HUNDRED YEARS OF HOYA University School of Law. His record of re- Johnson has served the Clark County commu- BASKETBALL bounds remains in the top 20 through George- nity where her insight, guidance, and leader- town Hoya history. ship have propelled academic improvement in HON. ELEANOR HOLMES NORTON It is also heartening to know that this team students of all levels and abilities. OF THE DISTRICT OF COLUMBIA has a long record of community service here As principal of Kirk Adams Elementary IN THE HOUSE OF REPRESENTATIVES in the District of Columbia as well as nationally and internationally. Since 1980 when the School, Ms. Johnson has implemented several Thursday, February 15, 2007 programs that have not only inspired student Hoyas began playing in arenas off campus successes but have also enhanced the profes- Ms. NORTON. Madam Speaker, it is a privi- with adequate space, it has been Georgetown sional lives of the teachers on her staff. lege to call to my colleagues’ attention this basketball policy to donate at least 1,000 tick- Adams Elementary is one of only four schools year’s 100th anniversary of Hoya Basketball at ets per game to community groups here in the in the Clark County School District to be des- Georgetown University here in the Nation’s City. At present, some 80 organizations ben- ignated as an empowerment school. This dis- Capital. Over the last century, the Georgetown efit from those donations in a typical season. tinction allows the administrators of Adams El- Hoyas have had great success on the basket- Recognizing the importance of developing ementary to have more control over the ball court, but I am proud to say there is much interactions between young people and law school’s budget and curriculum. more to the Hoyas than their athletic prowess. enforcement, the Hoyas partner with the DC Most notably, under Ms. Johnson’s leader- The teams have had a strong record of aca- Police Department and Coca-Cola each year ship, the school has seen teacher turnover demic success, community service and devel- to sponsor the ‘‘Kids ‘n Cops’’ program when rate reduce to less than 10 percent. Finally, oping leaders that have served the Nation with about 1,500 young people from the District at- through the establishment of a Professional distinction. tend a Hoyas basketball game with members Learning Community, Ms. Johnson has cre- First, to their success on the basketball of the District police force. Also, as part of a ated an environment in which teachers, par- court: The Hoyas were the NCAA National broader Georgetown athletics mentoring pro- ents, students, and the community work to- Champions in 1984 and have made it to the gram known as ‘‘GAME,’’ basketball team gether to facilitate student success. Sweet Sixteen or beyond in nine NCAA tour- members tutor students at the SEED School Madam Speaker, I am proud to honor Ms. naments since 1980. They have played in Na- here in the District. Johnson and her achievements. I wish Ms. tional Championship games in 1943, 1982, The experience of engaging in community Johnson continued success in her career in 1984 and 1985. Since the founding of the Big service has carried forward as Hoyas graduate primary education. East Conference in 1980, the Hoyas have and go on to their own careers. I will share been six time Big East Champions. Having f just a few of many examples of this important played in ten National Invitational Tour- legacy of Georgetown basketball. Alonzo INTRODUCTION OF SEPTEMBER naments, in three years, the Georgetown team Mourning who graduated in 1992, is deeply in- 11TH HUMANITARIAN RELIEF made it to the NIT Final Four. Former George- volved in community programs in South Flor- AND PATRIOTISM ACT town head basketball coach John Thompson, ida where he now lives with a focus on devel- Jr., was named Coach of the Year seven opment and education programs for at-risk HON. CAROLYN B. MALONEY times during his career at Georgetown. In children and their families. He has also sup- OF NEW YORK 1988, Coach John Thompson, Jr. coached the ported kidney research and programming for IN THE HOUSE OF REPRESENTATIVES U.S. Men’s Olympic Basketball team, and six foster children. Since leaving Georgetown in of the last eight U.S. Men’s Olympic teams 1998, Allen Iverson has established the Cross- Thursday, February 15, 2007 have included Georgetown Hoya players or over Foundation which is actively involved in Mrs. MALONEY of New York. Madam coaching. After completing their careers at mentoring young people, assisting with access Speaker, today I introduce the September Georgetown, many of their players have gone to technology and providing scholarships. As 11th Humanitarian Relief and Patriotism Act on to success in the NBA including Alonzo we heard in this chamber last week during the with Representatives PETER KING, RANGEL, Mourning, Dikembe Mutombo, Allen Iverson President’s State of the Union address, NADLER, SERRANO, ISRAEL, ENGEL, BERMAN, and Patrick Ewing, to name just a few. Dikembe Mutombo, who graduated from SCHAKOWSKY, and HARE. Georgetown athletics have also been com- Georgetown in 1991, has funded a 300 bed We are introducing this legislation because mitted to ensuring the academic success of teaching hospital in his home of Kinshasa, the terrorist attacks of September 11, 2001, their players. In fact, during the years when Democratic Republic of the Congo. In 1996, left many surviving spouses and children of Coach John Thompson, Jr. led the team to he also funded the expenses of the Zairian legal employment-based visa holders and un- win after win on the basketball court, he also women’s Olympic basketball team. In addition, documented workers in jeopardy of being de- focused on ensuring that his players suc- he has been engaged in the NBA’s Basketball ported, because their immigration status was ceeded in the classroom. Of 78 players who Without Borders program in Africa and else- linked to a family member who was employed stayed at the University for four years during where. at the World Trade Center. the years that John Thompson, Jr., led the In closing, I would also note that, as part of The USA PATRIOT Act initially gave some team, 76 received their degrees for a 97% the important effort to promote public diplo- immigrants amnesty until September 10, 2002. graduation rate. Since being under the coach- macy, three former Georgetown Hoyas, Others, who were not protected by the am- ing of Craig Esherick and John Thompson, III, Courtland Freeman, Omari Faulkner, and nesty provided by the PATRIOT Act, because the Hoyas have maintained that same commit- RaMell Ross, have in recent years participated they were undocumented, also face deporta- ment to ensuring the academic success of in the State Department’s cultural envoys pro- tion. The administration has acted with care by their players on the court. gram. That work has taken them to South Afri- not moving forward with deportation proce- In addition to the Georgetown Hoyas who ca and Botswana where they have focused on dures for many of them, but their status none- have gone on to professional basketball ca- efforts to promote behaviors to prevent the theless remains in limbo. This legislation reers of significant renown, two former spread of HIV–AIDS and to El Salvador and

VerDate Aug 31 2005 01:32 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\RECORD07\E15FE7.REC E15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE February 15, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E369 Brazil where they have concentrated in part on serve to be recognized as law enforcement of- In addition to Larry’s long time commitment anti-gang messages. ficers, just like others with whom they serve, to serving the Las Vegas community, he also Indeed, as the Congresswoman rep- side by side, and who share the same level of served as an Airman in the United States Air resenting Georgetown University and as a risk. I encourage my colleagues to join me Force for over 30 years. He started as a fight- tenured member of the Universiy’s Law Center and Mr. MCHUGH in cosponsoring, the Law er pilot in 1956 and subsequently became a faculty, I am proud to represent and to be as- Enforcement Officers Equity Act. The valiant command pilot and logged over 3,500 flying sociated with the accomplishments of the officers who protect us deserve no less! hours and flew more than 200 combat mis- Georgetown Hoyas over the last century. I f sions. Later, Larry served as a director of op- look forward to continuing successes under erations, a wing commander of the 354th Tac- the leadership of their current coach, John IN RECOGNITION OF THE LIFE OF tical Fighter Wing and ultimately become vice Thompson III. CAPTAIN DONNIE R. BELSER, JR. commander. f Madam Speaker, I am proud to honor the HON. MIKE ROGERS life and legacy of my friend Larry Kay Barton. INTRODUCTION OF THE ‘‘LAW EN- OF ALABAMA As the city manager of Las Vegas, he led with FORCEMENT OFFICERS EQUITY IN THE HOUSE OF REPRESENTATIVES integrity and greatly enriched the lives of those ACT,’’ H.R. 1073 Thursday, February 15, 2007 in the Las Vegas community. Larry was a true patriot, having devoted his life to his commu- HON. BOB FILNER Mr. ROGERS of Alabama. Madam Speaker, nity and country. His dedication to service I request the House’s attention today to recog- should serve as an example to us all. OF CALIFORNIA nize a heroic American, Captain Donnie R. f IN THE HOUSE OF REPRESENTATIVES Belser, Jr., 28, of Anniston, Alabama, who Thursday, February 15, 2007 died in Iraq on February 10, 2007. Captain HONORING SOJOURNER TRUTH Mr. FILNER. Madam Speaker, I rise today, Belser was assigned to the 425th Military with my colleague JOHN MCHUGH, to introduce Transition Team, 1st Infantry Division, Fort HON. SHEILA JACKSON-LEE The Law Enforcement Officers Equity Act Riley, Kansas, and according to initial reports OF TEXAS (H.R. 1073). The purpose of this bill is simply was killed during an exchange of small arms IN THE HOUSE OF REPRESENTATIVES to give law enforcement status to all Federal fire. Thursday, February 15, 2007 Words cannot express the sense of sadness law enforcement officers! Ms. JACKSON-LEE of Texas. Madam Many Federal officials—for example, the we have for his family, and the gratitude our country feels for his service. Captain Belser Speaker, greetings to Senator CLINTON, Doro- Border Patrol—are classified as ‘‘law enforce- thy Height, Dr. E. Faye Williams, Eleanor ment officers,’’ for the purposes of determining died serving the United States and the entire cause of liberty, on a mission to bring stability Smeal and Cicely Tyson. salary and retirement benefits. But many other In this country’s majestic Capitol rotunda to a troubled region and liberty to a formerly officers—such as Customs and Border Protec- sits a monument honoring three pioneers of oppressed people. Captain Belser was a true tion (CBP) Officers, Immigration and Customs the women’s suffrage movement, which led to patriot indeed. Enforcement (ICE) Inspectors, Veterans’ Af- the women of our great Nation being granted fairs Police Officers, U.S. Mint Police Officers, We will forever hold him closely in our hearts, and remember his sacrifice and that of the right to vote in 1920. The monument fea- Internal Revenue Officers, and police officers tures the busts of Lucretia Mott, Elizabeth in about two dozen other agencies—do not his family as a remembrance of his bravery and willingness to serve. Cady Stanton, and Susan B. Anthony. As the have equal pay and benefits status. Architect of the Capitol has noted, the monu- The tragic irony, Mr. Speaker, is that the f ment was presented to the Capitol as a gift only time these officers are classified as law PAYING TRIBUTE TO LARRY KAY from the Women of the United States by the enforcement officers is when they are killed in BARTON National Women’s Party and was accepted on the line of duty. Then their names are in- behalf of Congress by the Joint Committee on scribed on the wall of the National Law En- HON. JON C. PORTER the Library on February 10, 1921. The unveil- forcement Officers Memorial right here in OF NEVADA ing ceremony was held in the rotunda on Feb- Washington. IN THE HOUSE OF REPRESENTATIVES ruary 15, 1921, the 101st anniversary of the Let me say that again. It is only when they birth of Susan B. Anthony, and was attended Thursday, February 15, 2007 are killed that they are called law enforcement by representatives of over 70 women’s organi- officers, and that is a tragic irony. Mr. PORTER. Madam Speaker, I rise today zations. The committee authorized the installa- My district encompasses he entire Cali- to honor the life of my friend Larry Kay Barton tion of the monument in the crypt, where it re- fornia-Mexico border and is home to two of who passed away January 30, 2007. mained until, by act of Congress in 1996, it the busiest border crossings in the entire Larry Kay Barton was instrumental to the was relocated to the Capitol rotunda in May world, so I am very familiar with the work of development of the Las Vegas community. 1997. our Nation’s border inspectors. They wear bul- Having served as the deputy city manager of In addition to the wonderful busts of Stan- letproof vests, they carry firearms, and, unfor- Las Vegas in 1985 and in 1993 and as the ton, Mott, and Anthony, one of the interesting tunately, have to use them. Most importantly, city manager between 1993 and 1997, he features of the monument is the existence of these inspectors are subject to the same risks helped facilitate the exponential growth of the a large slab of stone that was never sculpted. as other officers with whom they serve side- region. Larry was involved in many projects Looking at the monument, it is clear that it by-side. However, they are not eligible for that revitalized the historic districts during his was intended for a fourth person—another pio- early retirement and other benefits, which are time as city manager such as the Lewis and neer of the women’s suffrage movement—to designed to maintain a young and vigorous Fifth Streets Corridors and he played a major be sculpted. The legislation that myself and law enforcement workforce that we need to part in making the Freemont Street Experi- Senator CLINTON along with Senator SPECTER combat those who pose life-threatening risks ence come together. Other significant achieve- crafted calls for Sojourner Truth to be that per- to our society. ments he made during his time as city man- son. The Law Enforcement Officers Equity Act ager of Las Vegas were leading negotiations Born into slavery as one of the youngest of will provide well-deserved pay and retirement and facilitating the land assemblages for the 13 children of James and Elizabeth in Hurley, benefits to the officers protecting our borders, Lloyd George U.S. Courthouse and the Re- which is in Ulster County, New York, in ap- our ports of entry, our military and veterans’ gional Justice Center as well as the Las proximately 1797, Sojourner Truth’s given installations and other sensitive government Vegas Technology Park and Enterprise Park name was Isabella Baumfree. Almost all of her buildings. The costs of these benefits would developments. One of his biggest focuses was brothers and sisters had been sold to other likely be off-set by savings in training costs to make the city more efficient, so he created slave owners. Some of her earliest memories and increased revenue collection. The bill will the Development Services Center and Ex- were of her parents’ stories of the cruel loss also reduce turnover, increase yield, decrease press Plans check process for building of their other children. recruitment and development costs and en- projects in order to streamline permit approv- Isabella was sold several times to various hance the retention of a well-trained and expe- als. I had the great pleasure of working with slave owners and suffered many hardships rienced workforce. Larry in my capacity as Boulder city council- under slavery, but throughout her life she Madam Speaker, the simple fact is that man, Boulder city mayor and later during my maintained a deep and unwavering faith that these officers have dangerous jobs and de- tenure in the Nevada State Senate. carried her through many difficult times.

VerDate Aug 31 2005 01:32 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\RECORD07\E15FE7.REC E15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE E370 CONGRESSIONAL RECORD — Extensions of Remarks February 15, 2007 In 1817, the New York State Legislature plause she received that day has been de- Mr. Langford’s passing is a great loss to the passed the New York State Emancipation Act, scribed as ‘‘deafening.’’ From that time on, State of Alabama. He helped make history in which granted freedom to those enslaved who she became known as a leading advocate for the Civil Rights movement, and played an im- were born before July 4, 1799. Unfortunately, the rights of women. Indeed, she was one of portant role in Alabama politics. I know all of however, this law declared that many men, the nineteenth century’s most eloquent voices us in the House today share in the loss of this women, and children could not be freed until for the cause of anti-slavery and women’s great and loved man, and send our condo- July 4, 1827, 10 years later. While still rights. lences to his family and our prayers that his enslaved and at the demand of her then By the mid-1850s, Truth had earned enough legacy will live on long after this mournful time owner, John Dumont, Isabella married an money from sales of her popular autobiog- has passed. older slave named Thomas, with whom she raphy to buy land and a house in Battle f had at least five children—Diane, Peter, Han- Creek, Michigan. She continued her lectures, nah, Elizabeth, and Sophia. traveling to Ohio, Indiana, Iowa, Illinois, and PAYING TRIBUTE TO SANDY As the date of her release came near—July Wisconsin. When the Civil War erupted in PELTYN 4, 1827—she learned that Dumont was plot- 1861, she visited black troops stationed near ting to keep her enslaved, even after the Detroit, Michigan, and offered encouragement. HON. JON C. PORTER Emancipation Act went into effect. For this After the Emancipation Proclamation of 1863, OF NEVADA reason, in 1826, she ran away from the Du- she worked in Washington as a counselor and IN THE HOUSE OF REPRESENTATIVES mont plantation with her infant child, leaving educator for those who had been previously Thursday, February 15, 2007 behind her husband and other children. enslaved through the Freedman’s Relief Asso- She took refuge with a Quaker family—the ciation and the Freedmen’s Hospital. It was Mr. PORTER. Madam Speaker, I rise today family of Isaac Van Wagenen—and performed during this time—in October 1864—that she to honor my friend Sandy Peltyn, for her work domestic work for them as well as missionary met with President Abraham Lincoln. and involvement in the Las Vegas community. work among the poor of New York City. While Throughout the 1870s, Sojourner Truth con- Since Sandy’s move to Las Vegas in 1981, working for the Van Wagenens, she discov- tinued to speak on behalf of women and Afri- she has become very active in both fund-rais- ered that a member of the Dumont family had can Americans. Failing health, however, soon ing and organizing major events in the com- sold her youngest son Peter to a plantation forced Sojourner to return to her Battle Creek, munity. She is very involved in a number of owner in Alabama. At the time, New York law Michigan, home, where she died on November organizations including: the Jewish Asthma prohibited the sale of slaves outside New York 26, 1883. Hospital, Juvenile Diabetes Foundation, Kids State and so the sale of Peter was illegal. Isa- Friends, this brief recounting of Sojourner for Homeless Kids, Nevada Dance Theater bella sued in court and won his return. In Truth’s life story only begins to speak of her Guild, Women’s Center at UNLV, Latin Cham- doing so, she became the first black woman in faith, courage, intelligence, and steadfastness ber of Commerce Miss Nevada-USA Pageant, the United States to take a white man to court in the face of extraordinary circumstances and Mrs. United States Pageant for the Susan G. and win. volatile times in our Nation’s history. Though Koman Breast Cancer Foundation, Golden Isabella had always been very spiritual, and she could neither read nor write, her elo- Rainbow, Nevada Opera Theater, Opera Las soon after being emancipated, she had a vi- quence commanded the attention of thou- Vegas, Oasis, Veterans in Politics, UNLV sion that affected her profoundly, leading sands of Americans, both black and white. It School of Medicine, Dean’s Council, Clark her—as she later described it—to develop a therefore comes as no surprise to learn that County Pro Bono Projects, The Arthritis Foun- ‘‘perfect trust in God and prayer.’’ In 1843, de- among her many friends, admirers and dation, Community College of Southern Ne- ciding her mission was to preach the word of staunch supporters were Frederick Douglass, vada Fund Raising Committee, Las Vegas God, Isabella changed her name to Sojourner Amy Post, Olive Gilbert, Parker Pillsbury, Mrs. Chamber of Commerce, The UNLV Sierra Truth—her name for a traveling preacher, one Francis Gage, Wendell Phillips, William Lloyd Wind Quintet, Safe House, American Heart who speaks the truth—and left New York. Garrison, Laura Haviland, Lucretia Mott, and Association, Kidney Foundation, Nevada As- That summer she traveled throughout New Susan B. Anthony. sociation of the Handicapped and Children’s England, calling her own prayer meetings and The legislation we introduced pays tribute to Charities.org. She has raised over four million attending those of others. She preached Sojourner Truth. dollars for these charities. ‘‘God’s truth and plan for salvation.’’ f Sandy has also been recognized for her After months of travel, she arrived in North- achievements with the International Friendship ampton, Massachusetts, and joined the North- IN RECOGNITION OF THE LIFE OF A wards by the Nevada Opera Theatre, the ampton Association for Education and Indus- MR. CHARLES LANGFORD Volunteer of the Year Awards from the Juve- try, where she met and worked with abolition- nile Diabetes Foundation, the Politician of the ists such as William Lloyd Garrison, Frederick HON. MIKE ROGERS Year Award by the Filipino Community of Ne- Douglas, and Olive Gilbert. OF ALABAMA vada and the Woman of the Year by Fit for As we know, during the 1850s, slavery be- IN THE HOUSE OF REPRESENTATIVES Tomorrow. In addition to all of her other com- came an especially heated issue in the United munity achievements, she was recently ap- Thursday, February 15, 2007 States. In 1850, Congress passed the Fugitive pointed as one of the five members of Medical Slave Law, which allowed runaway slaves to Mr. ROGERS of Alabama. Madam Speaker, Liability Association of Nevada and President be arrested and jailed without a jury trial, and I respectfully request the House’s attention George W. Bush appointed her to a member in 1857, the Supreme Court ruled in the Dred this morning to reflect on the life and legacy of the President’s Advisory Committee on the Scott case that those enslaved had no rights of a great Alabamian, Mr. Charles Langford. Arts at the Kennedy Center. as citizens and that the government could not Mr. Langford passed this week on February Madam Speaker, I am proud to honor outlaw slavery in the new territories. 11 at his home in Montgomery, Alabama. Sandy Peltyn for her community activism Nevertheless, these extraordinarily difficult Mr. Langford was an activist, lawyer, and which has enriched the lives of many in the times did not stop Sojourner Truth from con- statesman of the highest caliber. During the community. I applaud her efforts and wish her tinuing her mission. Her life story—‘‘The Nar- Montgomery Bus Boycott in 1955–56, Mr. the best in her future endeavors. rative of Sojourner Truth: A Northern Slave’’— Langford represented the woman who started f written with the help of friend Olive Gilbert, that protest which helped change our Nation, was published in 1850. the late Mrs. Rosa Louise Parks, as well as SOCIAL SECURITY GUARANTEE While traveling and speaking in States the organization formed to carry out the boy- PLUS ACT across the country, Sojourner Truth met many cott, the Montgomery Improvement Associa- women abolitionists and noticed that although tion. In 1956, the class action suit filed by Mr. HON. RON LEWIS women could be part of the leadership in the Langford and his partner, Fred Gray, known OF KENTUCKY abolitionist movement, they could neither vote as Browder v. Gayle, ended segregated seat- IN THE HOUSE OF REPRESENTATIVES nor hold public office. It was this realization ing on buses in Montgomery, and also be- that led Sojourner to become an outspoken came the precedent used to end all racial seg- Thursday, February 15, 2007 supporter of women’s rights. regation ordinances in the United States. Later Mr. LEWIS of Kentucky. Madam Speaker, I In 1851, she addressed the Women’s Rights in life, Langford served two terms in the Ala- rise to inform my colleagues about legislation Convention in Akron, Ohio, delivering her fa- bama House of Representatives and five I have introduced today to preserve Social Se- mous speech ‘‘Ain’t I a Woman?’’ The ap- terms in the Alabama Senate. curity and pay full promised benefits to future

VerDate Aug 31 2005 01:32 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 E:\RECORD07\E15FE7.REC E15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE February 15, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E371 retirees without raising payroll taxes or further The plan would also eliminate the retirement leave behind a well-paying job, a family, and depleting the trust funds. earnings penalty for all workers age 62 and children. The second bill I have introduced, The facts are undeniable: demographics are older and reduce the current Government the Strengthening America’s Military Families driving Social Security’s looming insolvency. Pension Offset that limits spouse and survivor Act of 2007, seeks to strengthen those fami- Modem medicine is helping people live longer, benefits for certain government employees. lies at home while their spouses are fighting and families are having fewer children. As a The Social Security Administration’s Office abroad. With this legislation, the federal in- result, the number of seniors is growing faster of the Actuary estimates that every borrowed come tax exemption that we currently offer to than the number of workers supporting Social dollar necessary to begin the program, in addi- members of the Armed Forces fighting in des- Security. tion to accrued interest, would be repaid with ignated combat zones would be extended to According to the 2006 report of the Social 75 years, achieving permanent solvency. In their spouses. This way, during the months Security Board of Trustees, the number of re- sum, we would payoff the mortgage on Social that our soldiers are fighting, they can have tirees receiving Social Security benefits will Security while leaving workers with substantial some peace of mind that their absence at grow five times faster than the working popu- account balances and generating surplus rev- home will not be wrought with financial hard- lation over the next 10 years. Social Security enues for the Federal Government. ship on their families. Everyone agrees that the Social Security tax revenue will fall short of benefit costs be- f ginning in 2017. By 2040, Social Security rev- program is integral to the financial stability of enues will be sufficient enough to finance only millions of Americans who have left the work- REMEMBERING ‘‘MR. 74 percent of promised benefits. At that time, force due to retirement or disability as well as BURLINGAME,’’ VICTOR MANGINI according to trustee estimates, benefits will those who are dependent upon survivor bene- have to be cut 25 percent, or the payroll tax fits following the death of a parent or spouse. HON. TOM LANTOS will have to be increased by 34 percent to pay We must put partisan politics aside and do OF CALIFORNIA full promised benefits. what is best for today’s seniors and tomor- IN THE HOUSE OF REPRESENTATIVES We must refocus our concern and reinvigo- row’s retirees. Thursday, February 15, 2007 rate our efforts to address the serious chal- Our recent success at passing sweeping lenges Social Security programs face. This is measures to modernize welfare and worker Mr. LANTOS. Madam Speaker, I rise today not a Republican or Democrat issue, it’s an pensions shows that effective reform is pos- to honor and commemorate the life of my dear American issue. The choices without reform sible. In similar spirit, Congress needs to work friend Victor Mangini, who died of congestive are stark: massive benefit cuts, enormous together to explore every possible option to re- heart failure on February 4, 2007 at the age deficits, or huge tax increases. We should not store confidence in Social Security and ensure of 88. ‘‘Vic’’, as he was often called, was an leave these problems for our children and program solvency for generations to come. extraordinary human being, and a regarded grandchildren to solve. I believe the Social Security Guarantee Plus educator, coach and public servant. His com- The legislation that I have proposed, the plan accomplishes this goal in the most commitment to his adopted city of Burlingame, ‘‘Social Security Guarantee Plus Act,’’ initially prehensive, fair, and cost-effective manner. I California rightfully earned him the title ‘‘Mr. proposed by former Congressman Clay Shaw encourage my colleagues to consider their Burlingame.’’ and former Chairman Bill Archer in previous support for this bill as a step toward perma- Born in Manhattan, Victor earned his Bach- Congresses, would keep the Social Security nent preservation of the Social Security pro- elor’s Degree from Manhattan College and his safety net intact, ensuring full receipt of Social gram. teaching credential from Columbia University. Security benefits for all current and future f As a young man, Victor joined the Armed American workers. INTRODUCTION OF LEGISLATION Services and was stationed at the Presidio of The Guarantee Plus plan establishes a vol- GIVING TAX RELIEF FOR THE San Francisco, where he played a key role as untary program that would allow workers to re- NATION’S MILITARY FAMILIES a training officer. Victor’s commitment to our ceive a refundable income tax credit equal to Nation’s military continued after the War, as 4 percent of their annual earnings, up to he joined the Air Force Reserve, retiring at the $1,000, to invest in a tax-free retirement ac- HON. SCOTT GARRETT rank of Colonel after 37 years of service. OF NEW JERSEY count. Instead of restructuring existing payroll Madam Speaker, much like both of us, Vic- IN THE HOUSE OF REPRESENTATIVES taxes, general treasury revenues would be tor Mangini fell deeply in love with the Bay used to fund retirement accounts. Individual Thursday, February 15, 2007 Area of California and sought to make it his workers, not the government, would control Mr. GARRETT of New Jersey. Madam permanent home. The wonderful community of how their account assets are invested to cre- Speaker, the resolution debated this week in Burlingame located in the beautiful 12th Con- ate growth. Real assets, not IOU’s, would fund the House says, ‘‘Congress and the American gressional District of California, which I am im- promised benefits. people will continue to support and protect the mensely proud to represent, is where Victor At retirement or when otherwise eligible, a 5 members of the United States Armed Forces.’’ wisely chose to live and raise his family. percent tax free lump sum payment would be Today, I am introducing legislation, the Armed After the end of World War II, Victor Mangini paid directly to the worker. The balance would Forces Tax Relief Act of 2007, and the moved down the Peninsula and started what be used to help pay full guaranteed Social Se- Strengthening America’s Military Families Act became an illustrious 44-year career at Bur- curity benefits. In order to preserve funds for of 2007 that will do precisely that. Both bills lingame High School. During his tenure at Bur- retirement, account withdrawals would be pro- would put more money into the pockets of our lingame High School, Vic’s involvement in the hibited until a worker becomes eligible for tra- troops fighting in a combat zone. education and well-being of young scholars ditional Social Security benefits. Accounts Members of the Armed Forces currently and athletes occurred in the classroom as his- would be inheritable and tax-free if a worker serving in a combat zone are exempt from tory teacher and later as the assistant prin- dies before reaching retirement. having their earnings taxed under the federal cipal, and also on the athletic field, where he The Guarantee Plus plan incorporates three income tax. However, their pay is still subject coached both the football and track teams. core principles: all workers are treated fairly; to ‘‘employment taxes,’’ such as the significant Because of outstanding and extraordinary individuals own and control their own retire- payroll taxes for Medicare and Social Security. dedication to the school, in May 2001 the Bur- ment funds; Social Security benefits are guar- The Armed Forces Tax Relief Act changes lingame City Council voted to name the street anteed in full to all Americans through the next this, and truly allows our fighting men and in front of Burlingame High School after him. 75 years and beyond without increasing taxes, women to keep their earnings tax free. Com- The high school address now reads 1 Mangini lowering benefits or raising the retirement age. pared to the sacrifice that our troops make in Way. That same year, Vic was also honored Because Social Security benefits are based the field, the amount we compensate them is by his induction into the San Mateo County on earnings, women are disadvantaged when not nearly enough. And while their sense of Sports Hall of Fame. they choose to stay home to raise their chil- duty to their country is not tied to the size of Vic’s commitment to educating youth went dren. Longer life expectancies also make their paychecks, enacting this legislation would far beyond his high school classroom. For woman more likely to struggle with poverty in put real extra money into the pockets of our over 55 years he headed the scholarship se- old age. The Guarantee Plus plan addresses Armed Forces, and send them a message that lection committee for the Frank H. and Eva B. this iniquity by enhancing benefits for widows, we are working hard in Washington to support Buck Foundation, which provides full scholar- divorced spouses, and working mothers. them. ships and support to more than two hundred These benefits would become immediately Oftentimes we forget that when the military students seeking higher education in Cali- available. is called overseas to fight in combat, many fornia.

VerDate Aug 31 2005 01:32 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00021 Fmt 0626 Sfmt 9920 E:\RECORD07\E15FE7.REC E15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE E372 CONGRESSIONAL RECORD — Extensions of Remarks February 15, 2007 Madam Speaker, Victor Magnini’s impres- 1970, an office he held till he decided to retire for 4 days following Victor Mangini’s death. sive re´sume´ and limitless talents did not only in 1989. Vic served four separate terms as The whole city of Burlingame mourned the extend to academic endeavors. He was presi- Mayor of the city of Burlingame during his passing of this extraordinary human being, dent of the Burlingame Rotary Club, and as an nearly twenty-year tenure on the council. who exemplified the highest class of American A devoted family man, Victor was married to active member of the Our Lady of Angels citizens, whose commitment to the improve- Church in Burlingame, California, Victor Rina Sari for 27 years, before she succumbed proved his loyalty to his adopted city and in to breast cancer in 1975. They raised two chil- ment of society and country is unwavering. 1957, during the Golden Anniversary of the dren, Mariavittoria (Vicki) and Martin Jerome Victor Mangini spent his life making his com- City of Burlingame, he rightfully earned the (Jerry). Victor later married Grace Cecilia munity a better place, and I, along with every title ‘‘Citizen of the Year’’ from his fellow com- Mangini, who passed away in 2003 following single resident of the City of Burlingame, Cali- munity members. another 27 years of happy marriage. fornia am deeply indebted to this true Amer- Vic was also very active in local politics. He Madam Speaker, there is a reason all city ican hero. successfully ran for Burlingame City Council in flags in Burlingame, California flew at half-staff

VerDate Aug 31 2005 01:32 Apr 19, 2007 Jkt 059060 PO 00000 Frm 00022 Fmt 0626 Sfmt 9920 E:\RECORD07\E15FE7.REC E15FE7 hmoore on PRODPC68 with CONG-REC-ONLINE Thursday, February 15, 2007 Daily Digest Senate S. 268, to designate the Ice Age Floods National Chamber Action Geologic Trail. (S. Rept. No. 110–15) Routine Proceedings, pages S1983–S2118 S. 277, to modify the boundaries of Grand Teton Measures Introduced: Fifty three bills and five res- National Park to include certain land within the GT olutions were introduced, as follows: S. 602–654, S. Park Subdivision. (S. Rept. No. 110–16) Res. 82–84, and S. Con. Res. 12–13. Pages S2022–24 S. 283, to amend the Compact of Free Association Amendments Act of 2003. (S. Rept. No. 110–17) Measures Reported: S. 320, to provide for the protection of paleon- S. 202, to provide for the conveyance of certain tological resources on Federal lands. (S. Rept. No. Forest Service land to the city of Coffman Cove, 110–18) Alaska. (S. Rept. No. 110–6) H.R. 57, to repeal certain sections of the Act of S. 216, to provide for the exchange of certain Fed- May 26, 1936, pertaining to the Virgin Islands. (S. eral land in the Santa Fe National Forest and certain Rept. No. 110–19) non Federal land in the Pecos National Historical S. Res. 41, honoring and the life and recognizing Park in the State of New Mexico. (S. Rept. No. the accomplishments of Tom Mooney, president of 110–7) the Ohio Federation of Teachers. S. 232, to make permanent the authorization for S. Res. 47, honoring the life and achievements of watershed restoration and enhancement agreements. George C. Springer, Sr., the Northeast regional di- (S. Rept. No. 110–8) rector and a former vice president of the American S. 240, to reauthorize and amend the National Federation of Teachers. Geologic Mapping Act of 1992. (S. Rept. No. S. Res. 49, recognizing and celebrating the 50th 110–9) anniversary of the entry of Alaska into the Union as S. 241, to authorize the Secretary of the Interior the 49th State. to enter into cooperative agreements to protect nat- S. Res. 69, recognizing the African American spir- ural resources of units of the National Park System itual as a national treasure. through collaborative efforts on land inside and out- S. 184, to provide improved rail and surface trans- side of units of the National Park System. (S. Rept. portation security, with an amendment in the nature No. 110–10) of a substitute. Page S2022 S. 245, to authorize the Secretary of the Interior Measures Passed: to designate the President William Jefferson Clinton Birthplace Home in Hope, Arkansas, as a National Living Kidney Organ Donation Clarification Historic Site and unit of the National Park System. Act: Committee on Health, Education, Labor and (S. Rept. No. 110–11) Pensions was discharged from further consideration S. 255, to provide assistance to the State of New of S. 487, to amend the National Organ Transplant Mexico for the development of comprehensive State Act to clarify that kidney paired donations shall not water plans. (S. Rept. No. 110–12) be considered to involve the transfer of a human S. 260, to establish the Fort Stanton Snowy River organ for valuable consideration, and the bill was Cave National Conservation Area, with an amend- then passed, after agreeing to the following amendment. (S. Rept. No. 110–13) ment proposed thereto: Page S2115 S. 262, to rename the Snake River Birds of Prey Reid (for Levin) Amendment No. 266, in the na- National Conservation Area in the State of Idaho as ture of a substitute. Page S2115 the Morley Nelson Snake River Birds of Prey Na- Voting Rights Act Reauthorization: Senate tional Conservation Area in honor of the late Morley passed S. 188, to revise the short title of the Fannie Nelson, an international authority on birds of prey, Lou Hamer, Rosa Parks, and Coretta Scott King who was instrumental in the establishment of this Voting Rights Act Reauthorization and Amend- National Conservation Area. (S. Rept. No. 110–14) ments Act of 2006, after agreeing to the committee D195

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amendments, and the following amendment pro- Additional Cosponsors: Pages S2024–25 posed thereto: Pages S2115–16 Statements on Introduced Bills/Resolutions: Reid (for Salazar) Amendment No. 267, to add Pages S2025–S2113 the name of Dr. Hector P. Garcia to a short title. Additional Statements: Pages S2019–21 Page S2116 Iraq Sense of Congress: Senate began consideration Amendments Submitted: Pages S2113–14 of the motion to proceed to consideration of S. 574, Notices of Hearings/Meetings: Page S2114 to express the sense of Congress on Iraq. Page S2015 Authorities for Committees to Meet: A motion was entered to close further debate on Pages S2114–15 the motion to proceed to consideration of the bill Record Votes: Two record votes were taken today. and, notwithstanding the provisions of rule XXII of (Total—50) Pages S1987, S1988 the Standing Rules of the Senate, and pursuant to the unanimous-consent agreement of February 15, Adjournment: Senate convened at 10 a.m., and ad- 2007, a vote on cloture will occur at 1:45 p.m., on journed at 6:17 p.m., until 12 noon, on Friday, Feb- Saturday, February 17, 2007. Page S2015 ruary 16, 2007. Nominations Confirmed: Senate confirmed the following nominations: Committee Meetings By unanimous vote of 94 yeas (Vote No. EX. 49), Norman Randy Smith, of Idaho, to be United States (Committees not listed did not meet) Circuit Judge for the Ninth Circuit. Pages S1986–87 FUTURE READINESS By unanimous vote of 93 yeas (Vote No. EX. 50), Committee on Armed Services: Committee concluded Marcia Morales Howard, of Florida, to be United open and closed hearings to examine the current and States District Judge for the Middle District of Flor- future readiness of the Army and Marine Corps, after ida. Pages S1986–88 receiving testimony from General Peter J. Leon R. Sequeira, of Virginia, to be an Assistant Schoomaker, USA, Chief of Staff, and Lieutenant Secretary of Labor. General Stephen M. Speakes, USA, Deputy Chief of Rosemary E. Rodriguez, of Colorado, to be a Staff, G–8, both of the United States Army; and Member of the Election Assistance Commission for General James T. Conway, USMC, Commandant, the remainder of the term expiring December 12, United States Marine Corps. 2007. (Prior to this action, Committee on Rules and Administration was discharged from further consid- FAA REAUTHORIZATION eration.) Committee on Commerce, Science, and Transportation: Sub- Caroline C. Hunter, of Florida, to be a Member committee on Aviation Operations, Safety, and Secu- of the Election Assistance Commission for a term ex- rity concluded a hearing to examine the Administra- piring December 12, 2009. (Prior to this action, tion’s proposal to reauthorize the Federal Aviation Committee on Rules and Administration was dis- Administration (Part 1), after receiving testimony charged from further consideration.) from Marion C. Blakey, Administrator, Federal Avia- Pages S2115, S2118 tion Administration, Department of Transportation. Nominations Received: Senate received the fol- DEPARTMENT OF THE INTERIOR BUDGET lowing nominations: Committee on Energy and Natural Resources: Committee Richard Sullivan, of New York, to be United concluded a hearing to examine the President’s pro- States District Judge for the Southern District of posed budget request for fiscal year 2008 for the De- New York. partment of the Interior, after receiving testimony Timothy D. DeGiusti, of Oklahoma, to be United from Dirk Kempthorne, Secretary of the Interior. States District Judge for the Western District of TRADE AGENDA Oklahoma. 2 Army nominations in the rank of general. Committee on Finance: Committee concluded a hearing Routine lists in the Air Force, Army, Marine to examine the Administration’s trade agenda for Corps, Navy. Page S2117 2007, after receiving testimony from Susan C. Schwab, United States Trade Representative. Messages from the House: Page S2021 NOMINATIONS Measures Read the First Time: Page S2021 Committee on Foreign Relations: Committee concluded Executive Communications: Pages S2021–22 a hearing to examine the nominations of Ryan C. Executive Reports of Committees: Page S2022 Crocker, of Washington, to be Ambassador to the

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Republic of Iraq, and William B. Wood, of New receiving testimony from James Cason, Associate York, to be Ambassador to the Islamic Republic of Deputy Secretary of the Department of the Interior; Afghanistan, after the nominees testified and an- Charles W. Grim, Assistant Surgeon General, Direc- swered questions in their own behalf. tor, Indian Health Service, Department of Health BUSINESS MEETING and Human Services; Catherine Freeman, Deputy Assistant Secretary for Elementary and Secondary Committee on Homeland Security and Governmental Af- Education, and Thomas M. Corwin, Director, Divi- fairs: Committee ordered favorably reported the fol- sion of Elementary, Secondary and Vocational Anal- lowing bills: ysis, Budget Service, both of the Department of S. 4, to make the United States more secure by Education; Orlando J. Cabrera, Assistant Secretary of implementing unfinished recommendations of the 9/ Housing and Urban Development for Public and In- 11 Commission to fight the war on terror more ef- dian Housing; Regina B. Schofield, Assistant Attor- fectively, to improve homeland security, with an ney General, Office of Justice Programs, Department amendment in the nature of a substitute; of Justice; Ivan D. Posey, Eastern Shoshone Business S. 343, to extend the District of Columbia Col- Council, Fort Washakie, Wyoming; Jefferson Keel, lege Access Act of 1999; Chickasaw Nation, Ada, Oklahoma, on behalf of the S. 457, to extend the date on which the National National Congress of American Indians; and H. Sally Security Personnel System will first apply to certain Smith, National Indian Health Board, Verlie Ann defense laboratories, a proposed bill to preserve exist- Malina Wright, National Indian Education Associa- ing judgeships on the Superior Court of the District tion, and Marty Shuravloff, National American In- of Columbia; dian Housing Council, all of Washington, D.C. S. 550, to preserve existing judgeships on the Su- perior Court of the District of Columbia, BUSINESS MEETING S. 171, to designate the facility of the United Committee on the Judiciary: Committee ordered favor- States Postal Service located at 301 Commerce Street ably reported the following business items: in Commerce, Oklahoma, as the ‘‘Mickey Mantle S. Res. 41, honoring and the life and recognizing Post Office Building’’; the accomplishments of Tom Mooney, president of S. 194 and H.R. 49, bills to designate the facility the Ohio Federation of Teachers; of the United States Postal Service located at 1300 S. Res. 47, honoring the life and achievements of North Frontage Road West in Vail, Colorado, as the George C. Springer, Sr., the Northeast regional di- ‘‘Gerald R. Ford, Jr. Post Office Building’’; rector and a former vice president of the American S. 219 and H.R. 335, bills to designate the facil- Federation of Teachers; ity of the United States Postal Service located at 152 S. Res. 49, recognizing and celebrating the 50th North 5th Street in Laramie, Wyoming, as the anniversary of the entry of Alaska into the Union as ‘‘Gale W. McGee Post Office’’; the 49th State; S. 412 and H.R. 521, bills to designate the facil- S. Res. 69, recognizing the African-American spir- ity of the United States Postal Service located at itual as a national treasure; and The nominations of 2633 11th Street in Rock Island, Illinois, as the Beryl A. Howell, of the District of Columbia, and ‘‘Lane Evans Post Office Building’’; Dabney Langhorne Friedrich, of Virginia, both to be H.R. 433, to designate the facility of the United a Member of the United States Sentencing Commis- States Postal Service located at 1700 Main Street in sion. Little Rock, Arkansas, as the ‘‘Scipio A. Jones Post Also, Committee approved for reporting S. 316, to Office Building’’; prohibit brand name drug companies from compen- H.R. 514, to designate the facility of the United sating generic drug companies to delay the entry of States Postal Service located at 16150 Aviation Loop a generic drug into the market. Drive in Brooksville, Florida, as the ‘‘Sergeant Lea Robert Mills Brooksville Aviation Branch Post Of- INTELLIGENCE fice’’; and Select Committee on Intelligence: Committee held closed H.R. 577, to designate the facility of the United hearings on intelligence matters, receiving testimony States Postal Service located at 3903 South Congress from officials of the intelligence community. Avenue in Austin, Texas, as the ‘‘Sergeant Henry Committee recessed subject to the call. Ybarra III Post Office Building’’. BABY BOOMERS TRIBAL PROGRAMS Special Committee on Aging: Committee concluded a Committee on Indian Affairs: Committee concluded an hearing to examine the retirement of those Ameri- oversight hearing to examine the President’s budget cans born between 1946 and 1964 (baby boomers), request for fiscal year 2008 for tribal programs, after focusing on the federal budget and senior citizens,

VerDate Aug 31 2005 05:49 Feb 16, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D15FE7.REC D15FEPT1 hmoore on PROD1PC68 with HMDIGEST D198 CONGRESSIONAL RECORD — DAILY DIGEST February 15, 2007 and Social Security benefits, after receiving testi- for Aging, both of the Department of Health and mony from Michael J. Astrue, Commissioner, Social Human Services; and Brian D. Montgomery, Assist- Security Administration; Leslie V. Norwalk, Acting ant Secretary of Housing and Urban Development Administrator, Centers for Medicare and Medicaid for Housing. Services, and Josefina Carbonell, Assistant Secretary h House of Representatives Election of committee to attend the funeral of Chamber Action the late Honorable Charlie Norwood: The Chair Public Bills and Resolutions Introduced: 47 pub- announced the Speaker’s appointment of the fol- lic bills, H.R. 1062–1108; 1 private bill, H.R. lowing Members of the House of Representatives to 1109; and 8 resolutions, H. Con. Res. 66; and H. the committee to attend the funeral of the late Hon- Res. 165–171 were introduced. Pages H1789–90 orable Charlie Norwood: Representatives Lewis (GA), Additional Cosponsors: Pages H1790–91 Boehner, Blunt, Bishop (GA), Deal (GA), Kingston, Report Filed: A report was filed today as follows: Linder, Gingrey, Marshall, Scott (GA), Barrow, Price H.R. 976, to amend the Internal Revenue Code of (GA), Westmoreland, Johnson (GA), Sensenbrenner, 1986 to provide tax relief for small businesses, with Barton (TX), Coble, Gene Green (TX), Hoekstra, an amendment (H. Rept. 110–14). Page H1787 Manzullo, McKeon, Mica, Frelinghuysen, Hastings (WA), LaHood, Latham, Myrick, Shadegg, Tiahrt, Administration of the Oath of Office to Officers Wicker, Aderholt, Pitts, Sessions, Capps, Hayes, of the House: The Speaker administered the Oath Tancredo, Terry, Brown (SC), Pence, Putnam, Shu- of Office to Lorraine C. Miller, Clerk of the House of Representatives and Daniel P. Beard, Chief Ad- ster, Miller (FL), Wilson (SC), Sullivan, Barrett (SC), ministrative Officer of the House of Representatives. Burgess, King (IA), Neugebauer, Conaway, Gohmert, Schmidt, and Bilbray. Pages H1782–83 Page H1671 Notify the Senate of the Election of the Clerk: Quorum Calls—Votes: There were no yea-and-nay The House agreed to H. Res. 165, informing the votes, and there were no recorded votes. There were Senate of the election of the Clerk. Page H1671 no quorum calls. Notify the President of the Election of the Clerk: Adjournment: The House met at 10 a.m. and ad- The House agreed to H. Res. 166, instructing the journed at 1:13 a.m. on Friday, February 16th. Clerk to inform the President of the United States of the election of the Clerk. Page H1671 Committee Meetings Clerk Designations: Read a letter from the Clerk wherein she designated Ms. Marjorie C. Kelaher, DEFENSE APPROPRIATIONS Deputy Clerk, and Mr. Jorge E. Sorensen, Deputy Clerk, to sign any and all papers and do all other Committee on Appropriations: Subcommittee on Defense acts in case of her temporary absence or disability. held a hearing on Fiscal Year 2007 Supplemental Page H1671 Requests for Iraq and Afghan Security Forces Fund. Testimony was heard from the following officials of Disapproving of the decision of the President the Department of Defense: MG Robert Durbin, announced on January 10, 2007, to deploy more Commander, Combined Security Transition Com- than 20,000 additional United States combat troops to Iraq: The House continued debate on H. mand-Afghanistan; BG Michael D. Jones, Deputy Con. Res. 63, to disapprove of the decision of the Director, Political-Military Affairs, Joint Staff; and President announced on January 10, 2007, to deploy Peter Rodman, Assistant Secretary, International Se- more than 20,000 additional United States combat curity Affairs. troops to Iraq. Further proceedings were postponed until Friday, February 16. Pages H1674–H1782 HOMELAND SECURITY H. Res. 157, the rule providing for consideration Committee on Appropriations: Subcommittee on Home- of the resolution, was agreed to on Tuesday, Feb- land Security held a hearing on Coast Guard Iraq ruary 13. Operations, Port Security and Deepwater. Testimony

VerDate Aug 31 2005 05:49 Feb 16, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D15FE7.REC D15FEPT1 hmoore on PROD1PC68 with HMDIGEST February 15, 2007 CONGRESSIONAL RECORD — DAILY DIGEST D199 was heard from ADM Thad Allen, USCG, Com- MONETARY POLICY AND THE STATE OF mandant, U.S. Coast Guard, Department of Home- THE ECONOMY land Security; Steve Caldwell, Assistant Director; Committee on Financial Services: Held a hearing on and John P. Hutton, both with GAO. Monetary Policy and the State of the Economy. Tes- timony was heard from Ben S. Bernanke, Chairman, LABOR, HHS, EDUCATION, AND RELATED Board of Governors, Federal Reserve System. AGENCIES APPROPRIATIONS Hearings continue tomorrow. Committee on Appropriations: Subcommittee on Labor, Health and Human Services, Education, and Related MISCELLANEOUS MEASURES; Agencies, held a hearing on (Panel I) Overview on AFGHANISTAN AT THE BRINK America’s Workers and Education for the 21st Cen- Committee on Foreign Affairs: Ordered reported, as tury. Testimony was heard from public witnesses. amended, H.R. 957, To amend the Iran Sanctions The Subcommittee also held a hearing on (Panel Act to expand and clarify the entities against which II) Overview on Health Care Access and the Aging sanctions may be imposed. of America. Testimony was heard from public wit- The Committee favorably considered the following nesses. measures and adopted a motion urging the Chairman to request that they be considered on the Suspension MILITARY CONSTRUCTION, VETERANS Calendar: H. Res. 98, as amended, Honoring the life AFFAIRS, AND RELATED AGENCIES and achievements of the late Dr. John Garang de APPROPRIATIONS Mabior and reaffirming the continued commitment Committee on Appropriations: Subcommittee on Mili- of the House of Representatives to a just and lasting tary Construction, Veterans’ Affairs, and Related peace in the Republic of Sudan; H.R. 987, NATO Agencies held a hearing on Long-Term Health Care Freedom Consolidation Act of 2007; H.R. 1003, To Challenges. Testimony was heard from Stephen amend the Foreign Affairs Reform and Restructuring Heffler, Director, National Health Statistics Group, Act of 1998 to reauthorize the United States Advi- Center for Medicare and Medicaid Services, Depart- sory Commission on Public Diplomacy; H. Res. 107, ment of Health and Human Services; A. Bruce as amended, Calling for the immediate and uncondi- Steinwald, Director, Healthcare Team, GAO; and tional release of Israeli soldiers held captive by Allison Percy, Principal Analyst; and John P. Hut- Hamas and Hezbollah; H. Res. 149, Supporting the ton, both with CBO. goals of International Women’s Day; and H. Res. The Subcommittee also held a hearing on the Sec- 64, as amended, Expressing the sense of the House retary of Veterans Affairs. Testimony was heard from of Representatives that the Government of Ban- R. James Nicholson, Secretary of Veterans Affairs. gladesh should immediately drop all pending charges against Bangladeshi journalist Salah Uddin Shoaib RECRUITING AND RETENTION OVERVIEW Choudhury. Committee on Armed Services: Subcommittee on Mili- The Committee also held a hearing on Afghani- tary Personnel held a hearing on overview of recruit- stan on the Brink: Where Do We Go From Here? ing and retention. Testimony was heard from the Testimony was heard from Representative Kirk; and following officials of the Department of Defense: public witnesses. David S. C. Chu, Under Secretary, Personnel and Readiness; LTG Michael D. Rochelle, USA, Deputy PROTECTING HUMAN RIGHTS OF Chief of Staff, G–l; VADM John C. Harvey, Jr., COMFORT WOMEN USN, Chief of Naval Personnel; LTG Roger A. Committee on Foreign Affairs: Subcommittee on Asia, Brady, USAF, Deputy Chief of Staff, Manpower and the Pacific, and the Global Environment held a hear- Personnel; and LTG Ronald S. Coleman, USMC, ing on Protecting the Human Rights of Comfort Deputy Commandant, Manpower and Reserve Af- Women. Testimony was heard from Representative fairs. Honda; and public witnesses.

USDA FY 2008 BUDGET PRIORITIES HOMELAND SECURITY Committee on the Budget: Held a hearing on the U.S. Committee on Homeland Security: Held a hearing enti- Department of Agriculture Fiscal Year 2008 Budget tled ‘‘Lessons Learned and Grading Goals: The De- Priorities. Testimony was heard from Mike Johanns, partment of Homeland Security of 2007.’’ Testimony Secretary of Agriculture; and public witnesses. was heard from Michael P. Jackson, Deputy Sec- Hearings continue tomorrow. retary, Department of Homeland Security.

VerDate Aug 31 2005 05:49 Feb 16, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D15FE7.REC D15FEPT1 hmoore on PROD1PC68 with HMDIGEST D200 CONGRESSIONAL RECORD — DAILY DIGEST February 15, 2007 OVERSIGHT—PATENT SYSTEM REFORM VA INSPECTOR GENERAL Committee on the Judiciary: Subcommittee on Courts, Committee on Veterans Affairs: Subcommittee on Over- the Internet and Intellectual Property held an oversight and Investigations held an oversight hearing on sight hearing on American Innovation at Risk: The VA Inspector General-Budget and Best Practices. Case for Patent Reform. Testimony was heard from Testimony was heard from George J. Opfer, Inspec- Suzanne Michel, Chief Intellectual Property Counsel tor General, Department of Veterans Affairs. and the Deputy Assistant Director for Policy Coordi- nation, FTC; and public witnesses. U.S.-CHINA TRADE RELATIONSHIP Committee on Ways and Means: Subcommittee on YOUTH VIOLENCE AND GANG Trade held a hearing on the U.S.-China trade rela- INTERVENTIONS tionship. Testimony was heard from Karan K. Committee on the Judiciary: Subcommittee on Crime, Bhatia, Deputy U.S. Trade Representative; from Terrorism, and Homeland Security held a hearing former Representatives Dan Glickman of Kansas and entitled ‘‘Making Communities Safer: Youth Vio- Patricia Schroeder of Colorado; and public witnesses. lence and Gang Interventions that Work.’’ Testi- mony was heard from public witnesses. BRIEFING—HOT-SPOTS Permanent Select Committee on Intelligence: Met in execu- IRAQ RECONSTRUCTION tive session to receive a briefing on Hot-Spots. The Committee on Oversight and Government Reform: Held a Committee was briefed by departmental witnesses. hearing entitled ‘‘Iraq Reconstruction: An Over- view.’’ Testimony was heard from David M. Walker, IRAN’S INVOLVEMENT IN IRAQ Comptroller General, GAO; William H. Reed, Di- Permanent Select Committee on Intelligence: Met in execu- rector, Defense Contract Audit Agency, Department tive session to hold a hearing on Iran’s Involvement of Defense; and Stuart W. Bowen, Jr., Special In- in Iraq. Testimony was heard from departmental spector General for Iraq Reconstruction. witnesses. NIST ECONOMIC COMPETITIVENESS ROLE f Committee on Science and Technology: Subcommittee on COMMITTEE MEETINGS FOR FRIDAY, Technology and Innovation held a hearing on The FEBRUARY 16, 2007 National Institute of Standards and Technoloy’s Role (Committee meetings are open unless otherwise indicated) in Supporting Economic Competitiveness in the 21st Century. Testimony was heard from William Jeffrey, Senate Director, National Institute of Standards and Tech- Committee on Health, Education, Labor, and Pensions: to nology, Department of Commerce; and public wit- hold hearings to examine paying for college in the future nesses. relating to higher education, higher cost and higher student debt, 10 a.m., SD–430. SHORT SEA SHIPPING House Committee on Transportation and Infrastructure: Sub- committee on Coast Guard and Maritime Transpor- Committee on Appropriations, Subcommittee on Defense, executive, hearing on Joint Improvised Explosive Device tation held a hearing entitled ‘‘The Development of Defeat Organization, 10 a.m., H–140 Capitol. Short Sea Shipping in the United States.’’ Testimony Subcommittee on Energy and Water Development, and was heard from Sean Connaughton, Administrator, Related Agencies, on Future of the Nation’s Navigation Maritime Administration, Department of Transpor- Infrastructure, 10 a.m., 2362B Rayburn. tation; Collister Johnson, Jr. Administrator, St. Law- Subcommittee on Homeland Security, on Implementa- rence Seaway Development Corporation; and public tion of U.S. VISIT Entry/Exit Program, 10 a.m., 2362A witnesses. Rayburn. Subcommittee on Interior, Environment, and Related FILIPINO VETERANS Agencies, on Forest Service: State and Private Forestry Committee on Veterans’ Affairs: Held a hearing on Eq- and Research, 9 a.m., B–308 Rayburn. Subcommittee on Legislative Branch, on Capitol Vis- uity for Filipino Veterans. Testimony was heard from itor Center, 10 a.m., 2358 Rayburn. Representatives Bordallo, Hirono and Honda; Ronald Subcommittee on State, Foreign Operations, and Re- R. Aument, Deputy Under Secretary, Benefits, De- lated Programs, on Fiscal Year 2007 Emergency Supple- partment of Veterans Affairs; Carlos D. Sorreta, mental Request, 9 a.m., 2359 Rayburn. Charge d’Affaires, Embassy of the Philippines; and Committee on the Budget, hearing on IRS and the Tax public witnesses. Gap, 10 a.m., 210 Cannon.

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Committee on Financial Services, to continue hearings on Committee on House Administration, to meet for organiza- Monetary Policy and the State of the Economy, 10 a.m., tional purposes and to consider an Oversight Plan for the 2128 Rayburn. 110th Congress, 10 a.m., 1310 Longworth. Committee on Homeland Security, Subcommittee on Trans- Committee on Natural Resources, oversight hearing enti- portation Security and Infrastructure Protection, hearing tled ‘‘Reports, Audits and Investigations by the General entitled ‘‘Impact of Background and Security Clearances Accountability Office (GAO) and the Office of Inspector on the Transportation Workforce,’’ 10:30 a.m., 311 Can- General (OIG) Regarding the Department of the Inte- non. rior,’’ 10 a.m., 1324 Longworth.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 12 noon, Friday, February 16 8 a.m., Friday, February 16

Senate Chamber House Chamber Program for Friday: The time until 12:30 p.m. shall be Program for Friday: Continue consideration of H. Con. equally divided and controlled by the Majority and Re- Res. 63—To disapprove of the decision of the President publican Leaders; following which, Senate will be in a pe- announced on January 10, 2007, to deploy more than riod of morning business. 20,000 additional United States combat troops to Iraq. Consideration of H.R. 976—Small Business Tax Relief Act of 2007.

Extensions of Remarks, as inserted in this issue

HOUSE Jackson-Lee, Sheila, Tex., E369 Paul, Ron, Tex., E351, E352, E362 Kildee, Dale E., Mich., E365 Pence, Mike, Ind., E354 Ackerman, Gary L., N.Y., E361 Lampson, Nick, Tex., E354 Porter, Jon C., Nev., E351, E352, E353, E354, E355, Conyers, John, Jr., Mich., E357 Langevin, James R., R.I., E363 E356, E356, E357, E365, E366, E367, E369, E370 Davis, David, Tenn., E359 Lantos, Tom, Calif., E371 Rangel, Charles B., N.Y., E364 Diaz-Balart, Lincoln, Fla., E363 Lewis, Jerry, Calif., E355 Rogers, Mike, Ala., E367, E369, E370 Dingell, John D., Mich., E356 Lewis, Ron, Ky., E370 Eshoo, Anna G., Calif., E358 McDermott, Jim, Wash., E359 Roskam, Peter J., Ill., E358 Farr, Sam, Calif., E365 McMorris Rodgers, Cathy, Wash., E351, E352 Schakowsky, Janice D., Ill., E360 Filner, Bob, Calif., E369 Maloney, Carolyn B., N.Y., E366, E367, E368 Shuster, Bill, Pa., E361, E361 Fortun˜ o, Luis, G., Puerto Rico, E360 Meek, Kendrick B., Fla., E359 Stark, Fortney Pete, Calif., E364 Frank, Barney, Mass., E355 Miller, Jeff, Fla., E351, E362 Stupak, Bart, Mich., E353 Garrett, Scott, N.J., E371 Murphy, Patrick J., Pa., E366, E367 Visclosky, Peter J., Ind., E359 Hastert, J. Dennis, Ill., E357 Musgrave, Marilyn N., Colo., E366, E367 Walden, Greg, Ore., E356 Hastings, Alcee L., Fla., E354, E362 Nadler, Jerrold, N.Y., E363 Woolsey, Lynn C., Calif., E353 Hoyer, Steny H., Md., E357 Norton, Eleanor Holmes, D.C., E360, E368

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